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7,723 | Philipus Pangloli | University of Georgia | [
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] | {"7723_101.pdf": "documents/article_91da6552-35b0-5546-9a42-b0961f4bc009.html Two-year anniversary of harassment cases brings on investigation (w/documents) Carolyn Crist Mar 23, 2010 Sexual harassment is on the minds and lips of the University community once again. Two years after The Red & Black revealed several ongoing cases of professors sexually harassing students on campus, a University Council committee is calling for an independent evaluation of how allegations are now being addressed. The Student Affairs Committee proposed the creation of a new panel \u2014 composed of one faculty, one staff, one undergraduate student, one graduate student and two outside professionals who have dealt with such cases \u2014 to evaluate how allegations were handled by the ombudspersons and Equal Opportunity Office since October 2008. \u201cRemember the campus was rocked by a series of sexual harassment allegations two years ago,\u201d Susan Thomas, Student Affairs Committee chair, said to the executive committee when presenting the proposal on March 4. \u201cWe want this committee to look at the new procedures, do an independent evaluation and make sure concerns are being addressed.\u201d The proposal passed the executive committee on March 4 and the University Council on March 18. Questions still remain, however, about how the committee will operate, how it will collect data and how the two outside members will be contacted to be a part of the group cases since 2008 After several cases of sexual harassment came to light during the 2008 spring semester, University president Michael Adams announced the creation of an ombudspersons office and a change in how harassment cases are addressed at the University. Since October 2008, eight University employees were found in violation of the Non-Discrimination and Anti- Harassment policy, according to documents obtained by The Red & Black. All employees were addressed with similar form letters and asked to acknowledge receipt of the letter by signing and returning a copy to the EOO. Harassment documents In one case, professor Marco Pacioni of the Cortona Program was accused of sexual harassment by a student. \u201cYour conduct involving the Complainant when viewed in its entirety was very inappropriate and reflected extremely poor judgment. Behavior of this kind is antithetical to the collegial and professional learning environment that expects for all members of the community,\u201d wrote Steve Shi, director of the EOO. \u201cFurthermore, it is the clear policy and expectation that incidents like this of sexual harassment, especially where, as here, it involves a member of the faculty and a student, are considered very serious violations of the Policy, warranting commensurate sanctions or other corrective measures.\u201d Pacioni was suspended for three days without pay, had to obtain sexual harassment training within three months, refrain from further contact with the student and refrain from similar harassment contact with any other member of the University community. In a second case, Philipus Pangloli, a professor in the Department of Food Science and Technology, was found in violation after making sexual and racial comments toward one of his student laboratory assistants. His sanctions were similar to Pacioni\u2019s but included a five-day suspension without pay. In another case employee Jeff Massey was found in violation for harassing a co-worker. Massey also received a five-day suspension without pay. In yet another case, Food Services worker James Nichols was suspended for five days without pay after harassing two female co-workers. \u201cThe type of conduct that was determined to have violated the Policy in these two cases will not be tolerated. Such conduct includes actions that you apparently regard as flirtatious or otherwise acceptable such as communications (both verbal and non-verbal) that have \u2018double meanings\u2019 or otherwise can be interpreted as sexual, whether directly or indirectly,\u201d Shi wrote with underlined font as an additional paragraph not seen in any of the other form letters. \u201cYou are hereby directed to limit your communications while working at UGA, especially when involving female employees or other members of the community, to those required for your duties.\u201d In the fifth case, six building service workers were entangled in one situation involving \u201cdiscriminating comments relating to race,\u201d and Shi recommended that some of them should be fired after falsely accusing fellow employees of harassment and using the policy as retaliation. One worker was accused of expressing \u201cher dislike for African-Americans to several of her co-workers on several occasions,\u201d and Shi imposed a \u201csanction of a formal caution that Respondent should exercise care and good judgment in all future interactions with her co-workers.\u201d He indicated that further \u201cdisruptive behavior\u201d could involve more disciplinary action and even termination of employment. Shi later found she encouraged other employees to falsely accuse a co-worker of violating the policy. For one employee, Shi wrote, \u201cDue primarily to her wrongful and premeditated actions and those of her co- conspirators, a substantial injustice occurred that seriously impacted [the co-worker] and also wasted a significant amount of resources.\u201d He recommended termination of employment, but suspended her firing for one year if she fulfilled certain guidelines, which included a suspension without pay for five days, an apology to the co-worker and an effort to improve \u201cher ability to speak and write English\u201d within the next year. Shi recommended another worker \u201cshould be terminated from her employment at as soon as possible.\u201d Steven Marcotte, custodial services superintendent for residence halls, declined to comment about whether the employees were fired or how he followed the recommendations to punish the six employees follow the mandates of the University as an employee,\u201d he said. \u201cIt sounds simplistic, but I\u2019m mandated to pass the recommendations along. But don\u2019t prefer to talk about personnel issues or the details.\u201d Ombudspersons keep no records The new evaluation committee will first look at the ombudspersons office and how it handles complaints. The office was created with three ombudspersons \u2014 one for staff, one for faculty and one for students \u2014 who act as a neutral party between the University and complainants and direct them where to go to formally resolve concerns. Shay Little, ombudsperson for students and a director of administrative operations for Housing, said most students call or e-mail her, but a few come to her office with concerns. \u201cFirst off explain who am, what do and what my role is,\u201d she said don\u2019t want any confused expectations listen long enough to get them to the next step. It\u2019s not my role to take formal University action, and don\u2019t want them to feel like they have to share their whole story with me and then tell someone else, too.\u201d If Little recognizes issues may involve the policy, she immediately refers the student to EOO, which investigates the allegation and finds a resolution facilitate the process to get them to the next step try to follow up and touch base and make sure they got where they need to go,\u201d she said. \u201cSometimes hear back.\u201d Once Little addresses the case at hand, she destroys her notes and doesn\u2019t keep any in her office. Anne Dupre, ombudsperson for faculty, and Kathryn Chetney, ombudsperson for staff, both declined to comment about their job responsibilities for this article. Only two documents have been sent from the ombudspersons office to \u2014 one in which a student complained about a professor\u2019s teaching style and another in which a staff member complained about how a job was posted by Human Resources don\u2019t have any legal protection, and want to keep what they tell me confident,\u201d Little said. \u201cThere aren\u2019t any records detailing any situation so can protect that confidentiality. But if know of an violation have to report it.\u201d When Little first started the ombudsperson process, she thought the largest number of complaints would be related to the policy but has addressed few cases. \u201cI\u2019ve experienced a broad range of questions,\u201d she said. \u201cMany students are unhappy with the bureaucratic processes \u2014 advising, the judicial process, the academic honesty policy.\u201d The ombudspersons produced a report in September that tallied what types of cases they had seen during the past year but didn\u2019t give any details. According to the ombudspersons report, 13 students made complaints, including five concerning academic issues and three involving the conduct of faculty or staff. The report stated there were 57 reports made by faculty and staff, with 34 as workplace/employment-related issues. Fifteen staff complaints cited faculty/staff conduct. \u201cThe idea of the report is to present trends that would warrant University attention,\u201d Shi said. \u201cWe don\u2019t identify cases there because confidentiality is a big part of the ombudsperson program. We have to be able to assure people they can come forward, so the ombuds may not keep names and destroy paperwork after there\u2019s a resolution.\u201d In October, the President\u2019s Office will formally review the first two years of the ombudspersons program to determine any changes that should be made. Adams hasn\u2019t indicated what he will look for during his evaluation, but Shi told the University Council on March 18 that plans are in place to review the entire policy, not just for sexual harassment. \u201cMost things that go to the ombudspersons don\u2019t involve discrimination but more a frustration with the system generically,\u201d Shi said. \u201cThere\u2019s a bureaucracy, and this office tries to humanize and provide a person rather than a Web site to direct them to resources \u2026 especially for students who at first don\u2019t know where to go.\u201d Shi said he would recommend for the ombudspersons office to be continued, but doesn\u2019t know what changes may occur. \u201cIt\u2019s not my call, but at some point President Adams may decide to consolidate the office or do something different,\u201d he said. \u201cThere are lots of different ways these programs are done, and think that will be part of the ongoing process.\u201d Shi also would make \u201cappropriate recommendations\u201d to further publicize the office. \u201cFor students, we refer to it in orientation, but publicity is budget-driven and very much an issue,\u201d he said. \u201cIf not, we\u2019d have billboards all over Athens. Also, students are so bombarded with information, it\u2019s hard to know exactly how \u2014 Web or otherwise \u2014 to get the word out.\u201d Moving forward Now that the University Council approved the proposal, the executive committee will appoint and create the sexual harassment review group this summer. Thomas said she hopes the group will begin evaluation in fall and produce results by spring. Although many questions remain, members of the executive committee were eager to pitch in ideas. \u201cYou can create a Web site and ask the community how the ombuds are helping them,\u201d said Irwin Bernstein, a psychology professor and executive committee member. \u201cGive an open period for comment.\u201d Adrian Childs, executive committee chair who will likely help create the group, reminded everyone they should seek external advice as well. \u201cMake sure to get outside eyes,\u201d he said. \u201cOmbudsperson programs at some campuses are very independently powerful and helpful for advice.\u201d The executive committee plans to stick as close to the ideas of the Student Affairs Committee as possible, which originated from a few student complaints. \u201c[Thomas] received a couple of different complaints about the problems throughout the past few years,\u201d said Troy Smith, Graduate Student Association representative for the committee. \u201cWe don\u2019t necessarily believe there is a problem by any means, but want to make sure it\u2019s working efficiently and effectively.\u201d The committee found it important to do a policy review from the University Council perspective. \u201cWe didn\u2019t decide a lot of details but wanted a group that wasn\u2019t all internal staff and faculty. We like the idea of including professionals to make sure the assessment is objective and comprehensive,\u201d Smith said. \u201cAfter what happened two years ago, we want to make sure that it doesn\u2019t have the ability to happen again reports for 2008-09 Mar 23, 2010 Ombudspersons Reports Mar 23, 2010 Ombudspersons reports to Mar 23, 2010"} |
8,830 | Frank Lamas | California State University - Fresno | [
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] | {"8830_101.pdf": "launches new investigation into how Fresno State handled sexual harassment complaints By Tim Sheehan Updated March 01, 2022 6:11 PM| More fallout from revelations over the mishandling of sexual harassment claims against a former Fresno State administrator surfaced Tuesday as the California Frank Lamas, left, former vice president of student affairs at Fresno State, was the subject of at least 12 complaints of sexual harassment at the university between 2014 and 2019, when Joseph I. Castro, right, was the university president. Castro became chancellor of the California State University system in 2020, but resigned in February 2022 amid questions over his handling of the allegations against Lamas. Fresno Bee file photos Only have a minute? Listen instead 1.0x Powered by Trinity Audio 00:00 05:03 10 10 Log In | Subscribe State University trustees announced an independent, external investigation into how the university responded to six years of complaints. The state university system has hired Cozen O\u2019Connor, an international law firm with offices across the U.S., to handle a review of policies and practices at all 23 of the campuses, starting this month at Fresno State. The Fresno campus became the focus of concerns after a Today article last month revealed that the university\u2019s former vice president of student affairs, Frank Lamas, was the subject of at least 12 complaints of sexual harassment in a six-year period from 2014 to 2019. \u201cIt is important that we understand how campus leaders at Fresno State responded to the workplace concerns about Dr. Frank Lamas,\u201d Lillian Kimbell, chairperson of the Board of Trustees, said in a statement issued Tuesday by the university system. \u201cWe will investigate the past to reveal potential new facts, learn and take appropriate action.\u201d The tumultuous Today report spurred subsequent student protests at the Fresno State campus, calls by several members of the California Legislature for an investigation into the actions of then-Fresno State president Joseph I. Castro. In the wake of the report, on Feb. 17 Castro resigned as chancellor of the entire system. The accusations detailed by Today included accounts of Lamas staring at women\u2019s breasts, touching women inappropriately, making sexist remarks, and berating, belittling and retaliating against employees. The report indicated that complaints were made to Fresno State\u2019s Title compliance office, the university\u2019s human resources department, and directly to Castro\u2019s office. Castro, Fresno State\u2019s president from 2013 until he was appointed chancellor in 2020, reportedly failed to take disciplinary action against Lamas until the last complaint against the administrator was lodged in 2019. Instead, Castro praised Lamas in annual performance reviews and endorsed him for a prestigious lifetime achievement award. Lamas left the university under the terms of a settlement approved by Castro and university attorneys that provided Lamas with a full year of salary, about $260,000, to retire at the end of 2020. Gina Maisto Smith and Leslie Gomez, two attorneys who head Cozen O\u2019Connor\u2019s Institutional Response Group from the firm\u2019s Philadelphia office, will lead the system-wide investigation. Acting Chancellor Steve Relyea, tapped to serve after Castro\u2019s resignation, said the investigation is examining Title policies and practices at the system\u2019s 23 campuses \u2013 the largest public, four-year higher education system in the U.S. \u2013 \u201cto ensure the health, safety and welfare of our students, faculty and staff.\u201d Title is part of federal education law that forbids discrimination based on gender at institutions that receive federal financial assistance. The law also applies to incidents of sexual harassment and sexual assault. \u2018Retreat rights\u2019 for administrators Already leaders are in the midst of crafting a systemwide policy relating to what are called \u201cretreat rights\u201d for administrators to return to a tenured faculty position after they have given up tenure to accept an administrative position. The right is frequently offered for administrators after their administrative role ends, but has been handled individually by each campus. \u201cRetreat rights are very important and valuable to our (educational) community,\u201d Relyea said. \u201cThat opportunity to retreat should be extended to individuals in good standing with the CSU, not to individuals who have engaged in significant misconduct.\u201d \u201cThe policy needs systemwide clarity, consistency and modernization, thus we are reforming it,\u201d he added. Lamas\u2019 settlement with Fresno State included a provision that he would never again seek employment within the system, so the retreat rights would not appear to come into play for him. When Castro resigned as chancellor, he retained such retreat rights with tenure as a full professor specifically within the Orfalea College of Business at Cal Poly San Luis Obispo as a professor of leadership and public policy. In the days following his resignation, however, Castro had not informed the university whether he intended to exercise those retreat rights. The new systemwide retreat policy, according to information provided by the system, would bar an administrator from returning to a faculty position under certain circumstances, including when the administrator is found to have engaged in sexual harassment or other significant misconduct. This story was originally published March 1, 2022 at 6:04 PM. Afternoon Update Afternoon headlines and a look-ahead to the evening. From The Fresno Bee By submitting agree to the Privacy Policy and Terms of Service. Tim Sheehan The Fresno Bee 559-441-6319 Lifelong Valley resident Tim Sheehan has worked as a reporter and editor in the region since 1986, and has been with The Fresno Bee since 1998. He is currently The Bee\u2019s data reporter and also covers California\u2019s high- speed rail project and other transportation issues. He grew up in Madera, has a journalism degree from Fresno State and a master\u2019s degree in leadership studies from Fresno Pacific University. Support my work with a digital subscription Take Us With You Part of the McClatchy Media Network 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 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", "8830_102.pdf": "21, 2025 \uf09a \uf099 \uf16d \uf16a \uf09e Marco Lizarraga Reflects on Achievements for Farm Workers, Activism Calexico Nearing New Rules For Swap Meets Holtville Students Work Up Appetite For Knowledge in Read With a Farmer \ue946 1 \uf002 \ue946 English Top Stories Covering stories that matter to the community California State University Chancellor President Joseph I. Castro resigned in February after being accused of mishandling sexual harassment allegations while serving as President of Fresno State University. Photo by Cary Edmondson, Courtesy of California State University, Fresno Home \ue90b California \uf09a \uf099 \uf0d2 \uf281 \uf232 \ue945 alifornia State University\u2019s policies around sexual harassment and discrimination have come under intense scrutiny this spring, after a found that then-Chancellor Joseph Castro had mishandled complaints against a senior administrator while he was president of Fresno State. The ensuing scandal led to and caused an outcry among students and university employees, including some at Fresno State who say the campus office charged with responding to harassment allegations has . Castro\u2019s ouster has focused attention on Title IX, the federal law that prohibits sex discrimination in schools. But how exactly does Title work? And what\u2019s next for Cal State? As the university launches its own investigations Cal State Sexual Harassment Scandal: Your Questions Answered In the wake of Cal State Chancellor Joseph Castro\u2019s resignation, here\u2019s what you need to know about Title and what\u2019s next for the university 11, 2022 \uf0e1 \ue918 bombshell Today investigation Castro\u2019s resignation in February long been understaffed Covering stories that matter to the community. \uf104 \uf105 Festival of Flight Takes Off with High-speed Thrills, Historic Aircraft \uf002 the Cal Matters College Journalism Network pulled together answers to questions we\u2019ve heard from our readers. What exactly is Title IX, anyway? The 50-year-old civil rights law bans discrimination based on sex at schools, colleges and other agencies that receive funding from the U.S. Department of Education. It covers everything from recruitment and admissions to counseling, financial assistance and athletics. Colleges must also specifically protect students and employees from sexual harassment and violence. They\u2019re required to have at least one staff member focused on enforcing Title IX. Anyone who thinks they have experienced sexual misconduct on campus can file a Title complaint with their university. And if they believe the university has mishandled their case, they can with the Department of Education\u2019s Office of Civil Rights. Other laws, including Title of the federal Civil Rights Act and California\u2019s Fair Employment and Housing Act, also bar sexually harassing workers on California campuses or retaliating against them when they file discrimination complaints. What did critics say that former chancellor Castro did wrong? The controversy revolves around a series of harassment complaints filed against Fresno State\u2019s then-Vice President of Student Affairs Frank Lamas over six years, alleging that he stared at women\u2019s breasts, made sexist comments and retaliated against employees who objected. Castro knew of at least seven of the complaints, yet failed to formally discipline Lamas Today reported. Criticism of Castro fell along three lines: First, he took little action until 2019, when a woman on Lamas\u2019s staff filed a formal Title complaint saying Lamas had touched her without her consent and implied he would support her promotion in exchange for sexual favors. Castro also endorsed Lamas for a lifetime achievement award and even after he knew about the allegations against him. And when Castro did finally take action, instead of firing Lamas, he reached a settlement that paid Lamas $260,000 and promised him a letter of recommendation in exchange for leaving the university. Many Cal State students and staff said the incident caused them to lose trust in university administrators to protect them. \u201cIt just makes it seem like (Fresno State) doesn\u2019t care,\u201d said Xitllali Loya, a former Fresno State student who organized a campus protest in the wake of the revelations. \u201cSomehow, we had a senior executive for six years sexually harassing people on on one of our major campuses, even to the point where he\u2019s sexually harassing a student for two years, and nothing happened,\u201d Cal State trustee Jack McGrory said at the board\u2019s March meeting. \u201cThe system just completely failed protestor chalks messages on the sidewalk at Fresno State University during a February 5 rally against sexual harassment in the Cal State system. Photo by Zaeem Shaikh for CalMatters file a discrimination complaint against the school It just makes it seem like Fresno State doesn\u2019t care.\u201d Xitllali Loya, former Fresno State student \ue244 a job as president of San Marcos COVID-19 El Centro Council Approves Transfer in Heated Meeting Imperial County CEO, Clerk of Board Placed on Administrative Leave Ideally, how should cases like that of Frank Lamas be handled? Castro told Today that while he ordered sensitivity training for Lamas, he couldn\u2019t take further action until a formal Title complaint was filed in 2019. But other Cal State presidents interviewed by CalMatters in February said Castro should have acted sooner. \u201cWe have a duty to report as soon as we hear something that touches on gender-based harassment or abuse reported to our Title office,\u201d Cal State East Bay President Cathy Sandeen . say that colleges must respond to allegations of sexual harassment when a campus official who \u201chas authority to institute corrective measures\u201d has \u201cactual knowledge\u201d that harassment may have taken place. That knowledge, the rules say, could come via \u201can oral report of sexual harassment by a complainant or anyone else, a written report, through personal observation, through a newspaper article, through an anonymous report, or through various other means rule passed during the Trump Administration bars colleges from disciplining someone for a Title violation until a formal complaint has been filed. That rule wasn\u2019t in place when Fresno State received the reports about Lamas, however. Colleges can take a number of steps even when a student or employee doesn\u2019t want to file a formal complaint, said S. Daniel Carter, president of Campuses LLC, which advises schools on Title compliance. The school\u2019s Title coordinator can file the formal complaint. Third-party witnesses can provide statements. When multiple people have accused the same person of sexual misconduct, a Title coordinator can inform the original person who complained that there have been other reports, and ask again if they want to come forward. If there are widespread reports of harassment in a particular department, he said, the college can hold a training for the whole department with the goal of \u201c\u200bsending a very clear message\u2026that the institution does not tolerate discrimination and that complainants will be supported and protected from retaliation.\u201d \u201cThere\u2019s not a single path to remedying sex discrimination,\u201d said Carter. \u201cBut an institution cannot simply throw up their hands and say there\u2019s nothing we can do.\u201d What are \u201cretreat rights\u201d? \u201cRetreat rights,\u201d a clause in some administrators\u2019 contracts that allows them to leave their post and return to a faculty position, are common throughout higher education. But the practice has come under scrutiny at Cal State after Castro told Today that fear of Lamas \u201cretreating\u201d to a faculty position was one of the reasons the university paid him to leave. The university is conducting a review of its retreat rights policy, trustees announced last month. In the meantime, offer letters to new job candidates will specify that anyone found to have engaged in significant misconduct is not eligible for the perk. It\u2019s rare for administrators in a non-academic position like Lamas to have retreat rights, said John Pelissero, a senior scholar in government ethics at the Markkula Center for Applied Ethics at Santa Clara University \u2014 especially if, like Lamas, they weren\u2019t part of the university\u2019s faculty before. told CalMatters reporter Mikhail Zinshteyn Department of Education rules Legal Notices NOTICES: Mar. 20, 2025 NOTICES: Mar. 13, 2025 NOTICES: Mar. 06, 2025 When an administrator is dismissed, Pelissero said, \u201cit would not be unusual for members of the university community to question why if this person wasn\u2019t qualified, competent, to remain as an administrator, why you would get them another position in the university they didn\u2019t previously hold.\u201d Pelissero added that university leaders have an ethical responsibility to tell the department that\u2019s being asked to award tenure the reasons why that administrator stepped down. Castro, himself, negotiated retreat rights as chancellor, picking Cal Poly San Luis Obispo\u2019s business school as the place where he wanted to teach. He hasn\u2019t yet informed Cal State whether he intends to exercise those rights, said university spokesperson Mike Uhlenkamp. Trustees have also temporarily suspended new admissions to Cal State\u2019s executive transition program, which allows former administrators to spend a year preparing for a new job with the university. Under that program, Castro will earn about $400,000 to spend a year as an advisor to the board of trustees. What happens next? Cal State is launching two investigations into Title violations and policies. First, the university has commissioned an external review of how administrators responded to reports of Title violations at Fresno State, scheduled to be completed by the end of July. It will be conducted by Los Angeles- based employment attorney Mary Lee Wegner, who also led the 2019 investigation that finally found Lamas responsible for sexual harassment and creating an abusive work environment. Cal State has also hired the law firm Cozen O\u2019Connor to examine Title practices and policies across all 23 campuses and the chancellor\u2019s office. It will include \u201creview of closed Title complaints to identify that cases were handled appropriately and will also include interviews with students, faculty, staff, Title coordinators and administrators,\u201d said Evelyn Nazario, the university\u2019s vice chancellor for human resources. The scandal has focused attention on staffing at Fresno State\u2019s Title office, and the campus has begun recruiting for three new employees: a second survivor advocate, a deputy Title coordinator and a deputy coordinator in charge of investigating discrimination, retaliation and harassment, President Sa\u00fal Jim\u00e9nez- Sandoval said Friday. Fresno State\u2019s academic senate also passed a resolution Monday calling for more intensive training in Title for administrators, faculty and staff. There is widespread concern that this is not an isolated incident but that there are serious problems at campuses throughout the state.\u201d Assembly member Jim Patterson, a Fresno Republican Some state lawmakers have said that Cal State paying to investigate itself isn\u2019t sufficient, and that the state should conduct its own, independent probe. Assemblymember Jim Patterson, a Fresno Republican, plans to file a request for a state audit, a spokesperson said Thursday. \u201cThere is widespread concern that this is not an isolated incident but that there are serious problems at campuses throughout the state,\u201d Patterson said in a statement to CalMatters. \u201cAn audit done by the nonpartisan, independent State Auditor will provide not only a public accounting of the issues at Fresno State, it will offer suggestions about how systemic changes can be made to prevent similar future issues.\u201d Huck, Shaikh and Woock are fellows with the , a collaboration between CalMatters and student journalists from across California. Mello is the network\u2019s editor. This story, which first appeared , and other higher education coverage are supported by the College Futures Foundation CalMatters College Journalism Network here \uf0e1 \ue918 Related California\u2019s Economy of Ups, Downs and Uncertainty: 2024 Year in Review 28, 2024 Once Notoriously Violent Prison, It\u2019s Now Home to a First-of-its-kind Education Program 12, 2024 Leave a Reply Comment National Association for Foster Children Has Paid Back Hundreds of Thousands in Taxpayer Dollars 31, 2024 Your email address will not be published. Required fields are marked * Email * Website Name * Save my name, email, and website in this browser for the next time comment SITE: Search CONNECT: 7,500 Fans 656 Followers 13 Subscribers Holtville Arson Fire Puts An End Holtville Arson Fire Puts An End \u2026 00:00 00:45 Search Agriculture Arts, TV, and Music Business California California Divide Carrot Festival Community Briefs Coronavirus COVID-19 Economy Education Election Coverage Environment Featured Stories Food & Drink Health Healthcare Housing Immigration Labor Legal Notices Lithium Valley Local News Mid-Winter Fair Obituaries Opinion Politics Public Safety Regional News Sports State Wildfires Youth About Us Advertising Contact Us E-Editions Older E-Editions Subscribe Agriculture Arts, TV, and Music Business California California Divide Carrot Festival Community Briefs Coronavirus COVID-19 Economy Education Election Coverage Environment Featured Stories Food & Drink Health Healthcare Housing About Us Advertising Contact Us E-Editions Older E-Editions Subscribe Address: 1122 West State Street, Ste. E, El Centro 92243. Phone: (760) 339-4899, (760) 356-2995 Email: [email protected] For advertising and submission of legal notices or inquiries email: [email protected] News Releases & Tips Email: [email protected] \uf09a \uf16d \uf16a \uf09e \ue5cd Immigration Labor Legal Notices Lithium Valley Local News Mid-Winter Fair Obituaries Opinion Politics Public Safety Regional News Sports State Wildfires Youth 1904 \u00a9 2021 CHRONICLE, 1122 92243 \ue946", "8830_103.pdf": "Former Cal State chancellor displayed \u2018blind spot\u2019 to complaints of sexual harassment at Fresno State, report says Joseph Castro responds that he was guided by superiors, attorneys and policies 29, 2022 CSU's Title Reckoning Former Chancellor Joseph I. Castro (left) and former Cal State Fresno administrator Frank Lamas (right). Credit: California State University Former California State University Chancellor Joseph I. Castro failed to aggressively respond to sexual harassment complaints against a former Fresno State administrator, allowing the behavior to continue without serious repercussions, according to newly released findings from an outside attorney\u2019s investigation into his handling of the incidents. \u201cThe president\u2019s failure to more aggressively respond to reports of Lamas\u2019 alleged misconduct also allowed such conduct to continue because there were no serious repercussions for it,\u201d according to the report, which details that by mid-2016, Castro, who was the president of Fresno State at the time, was aware of the allegations against Frank Lamas, the campus\u2019 former vice president of student affairs released the document Thursday. While Fresno State officials did address each of those misconduct complaints made between 2014 and 2019 against Lamas, some of their responses followed policy and others did not, the investigation found. The report also said Castro, president of the Fresno campus between 2013 and 2020, \u201cconsistently did not take any significant action against but instead supported Lamas throughout his employment even in the face of multiple allegations, growing evidence, and ultimately, confirmed findings of Lamas\u2019 alleged misconduct.\u201d The university received at least 12 complaints of sexual harassment involving Lamas over six years federal law known as Title prohibits sexual discrimination in an education program that receives federal financial assistance. While some action was taken by the campus \u201cto explore and address each of these reports,\u201d there were deficiencies. More could have been done, such as conducting an earlier investigation\u201d into 2014 and 2016 complaints, the report said. Castro\u2019s \u201conly actions\u201d were to verbally counsel Lamas, \u201cpersuade (rather than order) him\u201d to attend training in 2016 and to have windows installed in Lamas\u2019 office, according to the report. Castro also told Lamas to immediately reinstate a Title coordinator when Lamas removed her from committees in 2016. \u201cNotably, the president did not document any of these actions, issue written warnings, mention these concerns in Lamas\u2019 performance reviews or put him on a performance improvement plan,\u201d according to the report. \u201cInstead, he gave Lamas very positive performance reviews.\u201d Castro recommended Lamas for presidential positions both within and outside the system at least eight times from 2016 through 2019, including for two presidencies. \u201cThe president exhibited a blind spot about Lamas and the impact his conduct had on others despite multiple allegations and confirmed findings of his inappropriate workplace behavior,\u201d according to the report. In 2020, six months before Castro was named systemwide chancellor, he agreed to a $260,000 settlement agreement with Lamas, which included retirement benefits and a promise of a glowing letter of recommendation for Lamas in exchange for his resignation. Former Chancellor Tim White approved the agreement. The report found the settlement didn\u2019t violate policies and that the payment was reasonable. But the positive nature of the recommendation letter was inappropriate, it states. In a statement to EdSource, Castro disagreed with several aspects of the investigator\u2019s report. (Read the full statement) \u201cAs President of Fresno State, my decisions on Title matters were guided by campus and California State University system policies and protocol, the direction of my then Chancellor Timothy White and General Counsel Andrew Jones, my campus counsel, and policy experts at Fresno State and in the Chancellor\u2019s office,\u201d he said. \u201cUniversity leaders in the United States face complex and delicate personnel issues every day.\u201d Castro resigned from the chancellor position earlier this year amid an outcry from students and faculty upset over how he handled the complaints. He said he\u2019s learned \u201cmany lessons from my handling of the Title matter involving Frank Lamas at Fresno State\u201d and he would use those lessons to become a more effective leader in the future will share these lessons publicly to assist higher education leaders and governing board members across the nation who face similar personnel matters,\u201d Castro said. The board of trustees hired attorney Mary Lee Wegner to conduct the external investigation in March following Castro\u2019s resignation. \u201cWe want to thank the Fresno State community members who came forward to share their experiences courageously and transparently,\u201d said interim Chancellor Jolene Koester. \u201cThe independent external investigation was launched to enable the and the trustees to learn from the past and to prevent such issues from occurring in the future.\u201d The system has also started an independent assessment of Title practices across all 23 campuses and within the Chancellor\u2019s Office. The investigation was conducted from March 25 to Aug. 10 and included interviews with some 30 current and former employees and students working on campus or in the Chancellor\u2019s Office. Several were interviewed multiple times. Castro was questioned for 14 hours with his attorney present. Hundreds of emails, texts, articles and documents were reviewed. Wegner shared some privileged details with the board in closed sessions that she did not include in her written report. 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 * *", "8830_104.pdf": "- Frank Lamas on the set of FOX26 on August 12, 2019. (FOX26) FRESNO, Calif. (FOX26) \u2014 Former Fresno State administrator Frank Lamas' appeal has been denied following an investigation into reports of abusive behavior and sexual harassment. Lamas is accused of bullying, retaliation, and other misconduct against employees at the university. Former Fresno State administrator responds to abuse, sexual harassment complaint by Stephen Hawkins Fri, February 4th 2022 at 7:51 Updated Fri, February 4th 2022 at 1:12 president ousting shows further Cuomo controversies He retired from Fresno State at the end of 2020, accepting a $260,000 offer from the university and a letter of recommendation from former president Joseph Castro. Castro is now chancellor of the California State University System. In a new statement Chancellor Castro released Thursday, he apologized to anyone in the Fresno State community impacted by Lamas. In an interview with Today, Castro also said he regrets endorsing Lamas for the lifetime achievement award, and not mentioning any of the accusations in his performance reviews. Lamas calls all of the accusations against him false. He also says he wishes all the best to those who are committed to improving the Fresno State student experience. [RELATED] California State University may eliminate or Exam requirement Fresno State is not commenting on the appeal. Frank Lamas reached out to FOX26 with the following statement: \"Fresno State and the California State University system conducted investigations into allegations made against me that maintain lack legitimacy and are false strongly believe that the information my many supporters and provided during the investigations was ignored and/or quickly dismissed. Unfortunately, from the start of my time at Fresno State in 2014 anonymous later actual malicious and untrue allegations were made against me continue to maintain my innocence. My positive track record throughout my career speaks volumes for my professionalism, integrity and character spanning four decades. In 2019 no longer felt could continue at the university given additional allegations were made and in order to avoid the time and expense of a long protracted legal situation agreed to a third- party mediation to resolve all disputes and claims have cooperated fully with all investigations and subsequent mediation. In the end, with the assistance of a mediator, we agreed to a settlement and amicably decided to end our work relationship chose to retire from Fresno State December 31, 2020 received an outstanding letter of reference from my supervisor then President Joseph Castro and positive evaluations every year was at the university. Given the things said about me initially after my first two years at Fresno State thought of leaving or moving to the faculty given my faculty appointment in the college of education. However was convinced to stay by my supervisor President Castro. We hoped the things said about my personal character would end had never experienced such things was brought to the university to be a change agent to improve the student experience and move our division to nationally accepted best practices. Unfortunately, there were some at the university reluctant to work with me and sometimes tried undermining my/our efforts. The main reason stayed was because of my commitment to our students. Had known then these attacks would continue would have made a much different decision remain proud of the many achievements of my team and myself whose energy was always directed at improving student access and success enjoyed my time at Fresno State building many positive relationships with students, colleagues and community members wish all the best to those who are committed to improving the Fresno State student experience and helping each student to reach their personal, academic and career goals.\" -Frank Lamas Chancellor Castro also provided the following statement: As many of you have likely seen by now Today has published a story about the handling of climate and sexual harassment allegations surrounding former Vice President of Student Affairs and Enrollment Management Frank Lamas want to start by recognizing and apologizing to any member of the Fresno State community hurt by Dr. Lamas\u2019 behavior and actions also want to acknowledge that recognize, in hindsight, that the way in which characterized Dr. Lamas\u2019 departure from Fresno State may have further triggered the survivors of Dr. Lamas\u2019 actions. For that, I\u2019m deeply sorry. The moment in 2019 when we had an actionable Title complaint, we acted. Dr. Lamas was off-campus within four days and never returned to the campus. One of the most significant challenges facing campus leaders is often the ability to formally investigate allegations. This reality was ever-present with Dr. Lamas. While there were earlier allegations, it wasn\u2019t until 2019 that someone was willing to go through a formal Title process. To be clear recognize for survivors that the Title process can be one that is difficult, and deeply respect their decisions either way. The bottom line is nothing excuses Dr. Lamas\u2019 behavior, and I\u2019m sorry for those who experienced it. When became Chancellor last year made it a priority to address many of the problems that we faced in investigating and separating Dr. Lamas from the CSU. One of my top priorities was to place conditions and limitations on the ability of senior administrators to return to the faculty when they are separated from their administrative position under certain circumstances. We\u2019ve addressed this at Fresno State, and are working to make similar changes throughout all of the campuses also launched a system-wide review of Title compliance, as well as community awareness and support resources. I\u2019m also eager to continue to work with the Board of Trustees to further expand these efforts and look at ways to strengthen our policies and practices. As always want to hear and learn from you. Please reach out anytime at CSU- [email protected]. The work to end sexual harassment and create climates that are inclusive is far from finished. Working together know we\u2019ll continue to make progress. -Dr. Joseph I. Castro Appeal - Redacted by Steve Hawkins on Scribd Loading ... Download this 1 / 7", "8830_105.pdf": "Fresno State and its former president absorb hits in sexual harassment investigation By Robert Kuwada Updated September 29, 2022 4:40 PM| Former California State University chancellor and Fresno State president Joseph I. Castro wrote not just one but at least eight letters of recommendation for vice Frank Lamas, left, former vice president of student affairs at Fresno State, was the subject of at least 12 complaints of sexual harassment at the university between 2014 and 2019, when Joseph I. Castro, right, was the university president. Castro became chancellor of the California State University system in 2020, but resigned in February 2022 amid questions over his handling of the allegations against Lamas. Fresno Bee file photos Only have a minute? Listen instead 1.0x Powered by Trinity Audio 00:00 06:42 10 10 Log In | Subscribe president of student affairs Frank Lamas while fully aware the former administrator was the subject of sexual harassment allegations during his tenure at the university. That is one of very few revelations in an independent investigation into how Fresno State handled those allegations, which was released on Thursday by the Board of Trustees LATEST: Castro responds The report, which was produced by Los Angeles-based attorney Mary Lee Wegner, said Fresno State took some action to explore and address each of these reports and while some responses substantially complied with executive order 1096, the policy prohibiting discrimination and sexual harassment, others did not. There also were notice, record keeping and other deficiencies in its responses to allegations that started in 2014 and continued to 2019, and best practices were not always followed. Castro failed to document allegations against Lamas, and continued to provide support even after an investigation confirmed alleged inappropriate behavior. The letters of recommendation included two for presidencies within the and were written, according to the report, while failing to inform the chancellor or others involved with the search about Lamas\u2019 history. Castro also let fester an environment where administrators who are mandatory reporters of harassment claims under policy feared coming forward given a close personal relationship between the two. \u201cLamas\u2019 intimidating demeanor and comments about what happens to people when they complain about their bosses, along with the narrative he created about being good friends with the president, created a culture of fear that silenced employees,\u201d Wegner wrote in the summary report. \u201cAlthough people had information about when, how and where to report, and that policies prohibit retaliation for doing so, they lacked faith in the administration\u2019s ability or willingness to protect them and take meaningful action against Lamas.\u201d Those fears of retaliation were detailed by vice president of administration Debbie Adishian-Astone and Diana Ralls, who served as Castro\u2019s chief of staff, in March in an interview with The Bee. Castro, who was president at Fresno State from 2013 to 2020 before becoming chancellor, resigned that position in February amid a storm of criticism and calls for an independent investigation into his handling of the allegations against Lamas. While Fresno State president, Castro did not formally discipline Lamas, who he had recruited from the University of Texas-Arlington. He instead provided personal counsel and conducted a climate assessment of student affairs. Castro also approved merit pay increases for Lamas when approved by the for Management Personnel Plan administrators and one 5% equity raise for increased responsibilities around enrollment management. When departing the university, the former vice president of student affairs received $260,000 through a mediated settlement and promise of a letter of recommendation. The settlement also required Lamas to retire at the end of 2020, relinquish his retreat rights, release from all claims and agree never to work on campus or within the system. The board said that it was unaware of any concerns when Castro was appointed chancellor in September 2020. The settlement with Lamas was authorized by former chancellor Timothy White; the board delegates to the chancellor the authority and responsibility to resolve claims and settle litigation. With the investigation by Wegner, the board has engaged Cozen O\u2019Connor\u2019s Institutional Response Group to conduct a comprehensive system-wide assessment of its 23 campuses with a goal of providing insights, recommendations and resources to help advance Title and civil rights training, awareness, prevention, intervention, compliance, accountability, and support systems. The state Joint Legislative Audit Committee also has approved an investigation into the handling of sexual harassment allegations by the and three of its campuses including Fresno State. That audit request, which was co-signed by 43 state legislators including Jim Patterson, a Republican from Fresno and Fresno State graduate, is to begin once the completed its investigation. The university under president Sa\u00fal Jim\u00e9nez-Sandoval also has a task force examining the process of reporting and investigating discrimination, sexual harassment and other claims. \u201cWe have begun doing important work,\u201d Jim\u00e9nez-Sandoval said, in a statement to the university community. \u201cThe foundational work we have already undertaken, in combination with a thorough study of the forthcoming independent report, will allow Fresno State to improve the overall credibility of the system-wide and institutional processes and procedures we use to safeguard against sexual and other harassment and misconduct remain fully committed to promoting an inclusive, supportive culture that is worthy of our vibrant Fresno State community.\u201d According to the summary report, there were no written complaints about Lamas\u2019 behavior until Oct. 29, 2019, when a graduate student/employee accused Lamas of sexual harassment and bullying. Prior to that complaint, reports alleged he had engaged in partying off campus, verbal gender-based misconduct, bullying, staring at a female student-employee and retaliation. There were nine reports in total, seven between mid-2014 to August 2016 and two in 2019. Several reports were anonymous, although at least six known employees experienced or were aware of Lamas\u2019 alleged misconduct during the relevant time period. Some reports involved conduct that, even if true, either was not covered by policies or may not rise to the level of an executive order 1096 violation. Castro\u2019s failure to more aggressively respond to reports of the alleged misconduct allowed it continue, according to the report, because there were no serious repercussions for it. The only actions Castro took as Lamas\u2019 supervisor were to orally counsel him, persuade (rather than order) him to attend a training session in 2016, which he also attended as a show of support and have windows installed in Lamas\u2019 office and division. This story was originally published September 29, 2022 at 1:39 PM. Afternoon Update Afternoon headlines and a look-ahead to the evening. From The Fresno Bee By submitting agree to the Privacy Policy and Terms of Service. Related Stories from Fresno Bee Sa\u00fal Jim\u00e9nez-Sandoval has \u2018ambitious\u2019 plans to put Fresno State on international stage September 09, 2022 4:34 Fresno State exploring new construction, as well as renovation of aging football stadium September 07, 2022 10:54 Robert Kuwada The Fresno Bee 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", "8830_106.pdf": "Fresno State mishandled sexual harassment complaints, lawsuits seeking damages allege Published 5:00 a.m Feb. 28, 2023 Updated 1:38 p.m Feb. 28, 2023 Kenny Jacoby Correction previous version of this article misstated Terry Wilson's employment status. He remains a Fresno State employee but was granted leave from the position to serve as a staff-wide union representative Fresno State student and an employee have sued the California State University system and two former top administrators, alleging campus officials subjected them to undue harm by mishandling their reports of sexual assault and harassment. The lawsuits seek damages for negligence, intentional infliction of emotional distress, and violations of California's Fair Employment and Housing Act and Whistleblower Protection Act, which protect against harassment and retaliation. No dollar amount was specified. The student and the employee were featured as part of a investigation last year into then-Fresno State President Joseph Castro's neglect of the school's Title office and failure to address numerous complaints of sexual harassment, bullying and retaliation against then-vice president of student affairs Frank Lamas. Title is the federal law banning sex discrimination in education. Castro and Lamas are named as defendants in both lawsuits. Title Add Topic \"The Title situation was a problem in and of itself, but you have a systemwide problem that is propagated at the very highest level, all the way down,\" said Stephen Hammers, an attorney representing the student, Stephanie Ocampo, and the employee, Terry Wilson. More: Title IX: Falling short at 50 The lawsuits, filed in December 2022 in Los Angeles Superior Court, are the latest fallout from the news organization's reporting, which prompted Castro's resignation, outside investigations, a legislative audit, and numerous reforms adopted by the nation's largest university system and its 23 campuses across the state statement from Cal State spokesperson Mike Uhlenkamp said the university was recently served and is reviewing both lawsuits. \"We would like to reiterate that a core tenet of the California State University\u2019s mission is to ensure the safety of our respective campus environments and to remain accountable and responsible to all members of our communities,\" the statement said. \"We remain fully committed to the ongoing and transparent accountability and evaluation that both Fresno State and the have undertaken over the past year when many of these allegations first surfaced.\" Castro, now listed as a faculty member in the business school at the CSU's Cal Poly-San Luis Obispo, did not return an email seeking comment. Nor did Lamas, who has denied wrongdoing. Employee cites hostile work environment, retaliation Wilson, who was hired by Fresno State as a student affairs analyst, said in his lawsuit and in interviews with that Lamas made multiple inappropriate comments toward him starting Lamas' first week on the job in 2014. Among them, shortly after they met, Wilson said, was that Lamas asked him if he was gay. Wilson reported that remark and others to Fresno State's then-human resources director and Title coordinator but said little action was taken in response. When Lamas learned Wilson had reported him, Lamas began making his work life miserable, Wilson alleged, bullying, belittling and embarrassing him in front of his colleagues. Lamas also placed him on a Performance Improvement Plan without getting proper approval from HR, Wilson said. Lamas asked Wilson to improperly move money from Fresno State's donor foundation into a different account, according to the lawsuit. When Wilson refused, he said Lamas threatened him and pushed him in the chest. Wilson sought a transfer to a different department but said Lamas blocked it. Wilson later left Fresno State for a job in the Employees Union, telling that Castro's and other officials' failure to address his complaints ruined his career. University officials continued to retaliate against Wilson, he said in the lawsuit, after TODAY's report Feb. 3, 2022, detailed Castro's mishandling of a dozen complaints against Lamas, including Wilson's, over a six-year period. Days after the story, Wilson said Fresno State officials improperly revoked his key card access to campus buildings, which he needed to perform his job duties with the union, according to the lawsuit. Emails Wilson provided to show Fresno State officials first requested his access be removed in January 2021, then again on Feb. 11, 2022 was shocked,\" Wilson told was basically canceled from my place of employment.\" An outside investigation commissioned by the Board of Trustees in response to TODAY's reporting confirmed Castro had a \"blind spot\" for Lamas and failed to \"more rigorously address reports of Lamas' alleged misconduct,\" violating university policies in some instances. The university said it is evaluating the allegations in Wilson's lawsuit and takes them \"very seriously.\" \"As a current employee and a valued member of the campus community, we will not comment on the specifics of his lawsuit at this time,\" the statement said. \"We appreciate his many contributions to the university.\" Wilson said he filed the lawsuit to bring closure to this chapter of his life and the harassment and retaliation he started experiencing nearly a decade ago. In addition, he said his situation with the university had escalated to a \"tipping point.\" \"They completely retaliated against him because he cooperated with the article and exposed what was going on there,\" said Phillip Baker, another attorney representing Wilson. \"Their knee-jerk (reaction) wasn't an investigation. It was, 'Kick Terry out.'\" Student says school failed to protect her after she was groped Ocampo, who goes by \"Jane Doe\" in the lawsuit but previously spoke on the record to and agreed to use her name for this story, started at Fresno State in 2018 as a double major in journalism and political science. In February 2020, Ocampo was walking down a hallway in the journalism school when she said a male student in one of her classes ran up behind her, put her in a chokehold with one arm and used his other arm to fondle her breasts, she told TODAY. Ocampo said she thought in the moment that he was going to kill her. Eventually he let go, leaving a bruise on her neck. Ocampo reported the assault the next day to the campus police department, where she said an officer did not take her report seriously, according to the lawsuit. The officer, she said, asked her a series of victim-blaming questions, including what she was wearing and whether she had \"flirted\" with or done something to \"provoke\" the male student. The officer interviewed him two weeks later and asked if he remembered \"hugging\" Ocampo, a police report shows. No arrest was made. Ocampo reported the incident to the school's Title coordinator, Jamie Pontius-Hogan, who she said urged her to sign a resolution agreement that would provide a \"road map\" to her safety. It forbade Ocampo and the other student from contacting each other and directed them to use different entrances to the journalism school building. Meanwhile, Pontius-Hogan removed Ocampo from the class the two students shared, Ocampo said. She was forced to meet with her professor after hours to catch up on course material, while the male student continued attending classes in person. Ocampo said in the lawsuit that the school failed to enforce the no-contact order. In fall 2021, she said a professor informed her roughly two hours before the start of a new class that the male student was also enrolled in the course, which she needed to take in order to graduate. Pontius-Hogan told Ocampo there was nothing her office could do unless she agreed to undergo a formal Title investigation, Ocampo told TODAY. Ocampo said she had never been informed of that option earlier. Ocampo requested the formal investigation, which lasted nearly a year and concluded the evidence was insufficient to find the male student at fault, according to the lawsuit. The university's statement said the case was \"fully investigated by a neutral outside independent investigator, and after a full evidentiary hearing before a separate neutral outside hearing officer, the conclusion was that there was no violation of university policy and no misconduct.\" Ocampo told that she knew she was \"in trouble\" as soon as the police officer began asking her inappropriate questions. After she reported to the Title office, she said, \"things only got worse.\" \"The whole thing was horrible and stacked against me from the moment met that officer,\" Ocampo said. \"No one should ever have to go through what went through, and hope they change the whole system.\u201d Kenny Jacoby is an investigative reporter for covering Title and campus sexual misconduct. Contact him at [email protected] and follow him on Twitter @kennyjacoby."} |
7,435 | Larry Nassar | Michigan State University | [
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] | {"7435_101.pdf": "Michigan State fires former Gymnastics doctor Mark Alesia, Marisa Kwiatkowski, and Tim Evans IndyStar Published 2:07 p.m Sept. 20, 2016 Updated 9:10 p.m Sept. 20, 2016 Michigan State University announced Tuesday that it has fired Dr. Larry Nassar after an IndyStar investigation revealed accusations of sexual abuse against the longtime Gymnastics team physician. \"Over the past week, the university received additional information that raised serious concerns about Nassar's compliance with certain employment requirements,\" university spokesman Jason Cody said. He would not elaborate but said the requirements were tied to a 2014 investigation into alleged \"abuse during a medical procedure.\" Cody added the university learned during the recent investigation that Nassar \"was not forthcoming when questioned about other previous allegations.\" Cody emphasized the firing was independent of an ongoing criminal investigation. Nassar's former attorney last week denied any wrongdoing by the doctor. His new attorney, Matthew Newburg, declined comment Tuesday. The IndyStar investigation uncovered allegations by two former gymnasts \u2014 one an Olympic medalist \u2014 that Nassar penetrated girls with his finger while treating them for hip and back pain. The former gymnasts came forward independently after IndyStar's Aug. 4 investigation of Gymnastics and its handling of sexual abuse complaints over decades. The women said they were molested during multiple treatments in the 1990s and early 2000s. They also claimed Nassar never used gloves and fondled their breasts. One of the women, Rachael Denhollander, of Louisville, Ky., filed a report Aug. 29 with Michigan State University police and a Title complaint with the university am filled with relief that the silence is ending and the truth is being made known,\" Denhollander said Tuesday have hope that full justice is coming, and am firmly resolved to see that process through. This process has been painful beyond what can express, but as justice is done, his ability to prey on women and children begins to end.\" The other woman has sued Nassar and Gymnastics in California. The former Olympian was identified in court documents only as Jane Doe day after publication of IndyStar's story, a university spokesman said Nassar was the subject of a misconduct complaint filed in 2014 by a recent graduate. The complaint alleged \"abuse during a medical procedure.\" The spokesman said the complaint was investigated and a police report was submitted to then-Prosecutor Stuart Dunnings III, but Nassar was not charged with any crime. Ingham County Prosecutor Gretchen Whitmer said she has received \"a handful\" of allegations against Nassar since IndyStar's story. Cody said the school also had received \"multiple complaints, and we anticipate that we may receive more.\" Larry Nassar timeline Nassar, 53, had been a faculty member at the university's College of Osteopathic Medicine. He was also team doctor at four Olympics and had worked with Gymnastics from 1986 to 2015. The circumstances of Nassar's departure from Gymnastics are in dispute. Nassar said he retired voluntarily last year from his role with Gymnastics, although he previously said he planned to stay on through the 2016 Rio Olympics. The national governing body said it notified law enforcement and relieved the doctor of his duties \"upon learning of athlete concerns Gymnastics would not identify the law enforcement agency to which it made the report. After his departure from Gymnastics, Nassar continued to work at Michigan State before being relieved from clinical and patient duties Aug. 30, a day after Denhollander went to university police. Nassar also continued his affiliation with a prominent local gymnastics club operated by a former U.S. Olympic coach. \"He is our team physician,\" John Geddert, owner of Twistars Gymnastics Club in Lansing, Michigan, told IndyStar two weeks ago. \"He's been affiliated with our club since 1988.\" Geddert did not return a call or respond to an email Tuesday about Nassar's current status. Asked by IndyStar on Tuesday whether it notified Twistars, a Gymnastics member gym, about why Nassar had been fired, a spokeswoman sent a one- sentence statement by email Gymnastics contacted law enforcement with the athlete concerns and cooperated with their request not to interfere with their investigation.\" Last week, Nassar ended his campaign for a school board position in Holt, Michigan, according to the Lansing State Journal. Nassar has been a high-profile figure in gymnastics for decades. During one of the sport\u2019s iconic moments, U.S. Olympic team officials handed over gymnast Kerri Strug to Nassar for medical attention after she performed on the vault with an injured ankle. At the time, it was believed to be the performance necessary to secure the gold medal in the 1996 Olympics Gymnastics President Steve Penny once praised Nassar as being \u201cinstrumental to the success of Gymnastics at many levels, both on and off the field of play.\u201d In that 2014 news release, Penny added that Nassar\u2019s \u201ccontributions over the years are immeasurable and will continue to be so.\u201d Nassar is president of the Gymnastics Doctor Autism Foundation, which helps gymnastics clubs establish programs for special needs children, and his Facebook page is filled with tributes to him. Call IndyStar reporter Mark Alesia at (317) 444-6311. Follow him on Twitter: @markalesia. Call IndyStar reporter Marisa Kwiatkowski at (317) 444-6135. Follow her on Twitter: @IndyMarisaK. Call IndyStar reporter Tim Evans at (317) 444-6204. Follow him on Twitter: @starwatchtim. Share your experiences IndyStar will continue to investigate this topic. If you have information you would like to share, please email [email protected] or call (317) 444-6262. Out of Balance Download the IndyStar Mobile Apps blind eye to sex abuse: How Gymnastics failed to report cases Ex-gymnast speaks out about her sexual abuse Why coaches\u2019 hugs make Becca Seaborn cringe How IndyStar investigated Gymnastics", "7435_102.pdf": "year ago today, Larry Nassar was sentenced to an effective lifetime in prison Kara Berg Lansing State Journal Published 10:28 a.m Jan. 24, 2019 Updated 12:20 p.m Jan. 24, 2019 \u2014 It's been a year since Larry Nassar was sentenced to an effective lifetime in prison after hundreds of women came forward and said he sexually assaulted them under a guise of medical treatment. The Michigan Attorney General's investigation into Michigan State University remains ongoing. Three people, former President Lou Anna Simon, former dean of the College of Osteopathic Medicine William Strampel and former gymnastics coach Kathie Klages all were charged in connection with the Nassar investigation. Although its investigation is not complete, the AG's office released a scathing report detailing its findings in December. The report said the university\u2019s \u201cculture of indifference and institutional protection\u201d contributed to hundreds of women and girls being sexually abused. The report detailed how the AG's office said officials tried to stonewall the office's investigation, and refused to release 177 documents that prosecutors are still fighting in court for. East Lansing District Court Judge Richard Ball will determine whether the documents wants kept private will be released spokesperson Emily Guerrant said. Read the entirety of the LSJ's coverage of the Nassar scandal here. Read more: Special prosecutor actions 'made it virtually impossible to know' truth about Nassar Read more: Here are 11 employees who AG's office said knew of Nassar's abuse, but didn't report it Nassar's appeals Nassar has appealed his sentences in Eaton and Ingham counties, where he was convicted of a combined 10 counts of sexual assault, and in federal court, where he had a 60-year conviction for child pornography. Ingham County The Michigan Court of Appeals has agreed to hear arguments about Nassar's appeal, partially related to Circuit Court Judge Rosemarie Aquilina's conduct during his seven-day sentencing hearing in January 2017. At the end of the hearing, on Jan. 24, she said she had signed his \"death warrant\" before sentencing him to 40 to 175 years in prison. Eaton County Nassar will not be allowed to be resentenced in Eaton County, Circuit Court Judge Janice Cunningham ruled in September. He was sentenced to 40 to 125 years in prison. U.S. District Court In August, a three-judge panel of the U.S. Sixth Circuit Court of Appeals affirmed U.S. District Judge Janet Neff's decision to sentence Nassar to 60 years total in prison for three child pornography convictions. Nassar is serving this sentence first, and will have to complete it before moving on to the two state sentences. What's still pending? Kathie Klages Klages, a former gymnastics coach, is facing two charges of lying to police about her knowledge of Nassar's abuse. Two gymnasts said they told Klages in 1997 about Nassar sexually assaulting them. Klages faces up to four years in prison if convicted. Read more: Kathie Klages criminal case to move forward after judge hears evidence during hearing Lou Anna Simon Simon also is charged with lying to police officers about not knowing about Nassar's abuse prior to 2016. She faces four counts of the charge, two felonies and two misdemeanors. Simon has maintained that she did not know about allegations against Nassar until 2016. Read more: Police: MSU's Lou Anna Simon attended 2014 meeting where Larry Nassar inquiry was discussed Read more to pay for Lou Anna Simon's defense as legal bills for Larry Nassar scandal near $20M William Strampel Strampel is facing a felony misconduct in office charge for using his position to \"harass, discriminate, demean, sexually proposition, and sexually assault female students,\" according to court records. He's also charged with sexual assault and two counts of willful neglect of duty related to actions during and after Nassar's 2014 Title investigation. Read more: Case against ex dean William Strampel will head to trial John Geddert Almost a year after a criminal investigation of former gymnastics coach John Geddert began in the wake of Nassar's sentencing hearing, Eaton County law enforcement has not finished investigating him. The sheriff's office sent its case to the prosecutor's office before Thanksgiving for review, and prosecutors asked for more information. Geddert used to own gymnastics club Twistars timeline of Michigan State leadership Jan. 24, 2017: President Lou Anna Simon resigns amid mounting criticism of MSU's handling of the Nassar case Jan. 31, 2017: Interim President John Engler is appointed Jan. 16, 2018: Engler resigns Jan. 17, 2018: Satish Udpa takes over as acting president If you enjoy reading our journalism, help support it. For as little as $3 for 3 months, you can enjoy complete access to all of our content online, plus extras.", "7435_103.pdf": "Nassar-related information Larry Nassar is a former employee of Michigan State University convicted (nassar- conviction.html)on several counts of criminal sexual conduct. The majority of these assaults happened under the guise of medical treatment. Acting President Satish Udpa delivered an apology (2019-02-15-statement-to-survivors.html) to the survivors in which he acknowledged we were too slow to grasp the enormity of the offenses and failed to treat them with the care and respect they deserved. The university is committed (../index.html) to acting more thoughtfully and working with our community to create solutions for a safer, more secure and more supportive university Board of Trustees waive privilege of Nassar documents, Dec. 15, 2023 ( shared-governance-principles) During their regularly scheduled December meeting, the Michigan State University Board of Trustees authorized ( Document%20Release%20Resolution%20STAMP.pdf) the administration to begin the process of sharing privileged documents related to the attorney general\u2019s investigation into Larry Nassar. Read more ( adopt-shared-governance-principles) Information about calls to waive attorney-client privilege, March 26, 2021 ( 26-bot-letter-to-ag.html) Today the Board of Trustees responded to Attorney General Dana Nessel\u2019s Feb. 24 letter renewing her request that the university take the action of waiving attorney-client privilege regarding specific documents related to Larry Nassar. In our response, we have notified the Attorney General that the Board will not be taking this action and, therefore, will continue to maintain attorney-client privilege. Read more ( 26-bot-letter-to-ag.html) Our Commitment (../index.html) ( Eradicating remains key priority for MSU, Jan. 15, 2021 ( statements/2021_community_letters/2021-01-15-rvsm-letter.html) We all want a campus climate that is safe, inclusive and one we are proud of \u2014 a climate that is vigilant in preventing sexual misconduct, one that better protects survivors and one that is inclusive of all people. We must build a climate in which all members of our campus feel emotionally and physically safe and respected. Read more ( statements/2021_community_letters/2021-01-15-rvsm-letter.html) More than 30 tasks completed in first year of federal review, Sept. 1, 2020 ( Michigan State University has completed 33 tasks required through a review by the U.S. Department of Education\u2019s Office for Civil Rights. ( completed-first-year-federal-review)Read more ( Statement on decision in Lou Anna K. Simon case, May 13, 2020 ( statements/2020-05-13-statement-on-simon-trial.php remains committed to the changes needed that ensure a stronger, safer and more respectful campus community for all students, faculty and staff. Read more ( Lt. Munford awarded for work in Nassar case, April 20, 2020 ( Lt. Andrea Munford was recognized by End Violence Against Women International with the 2020 Professional Impact Award for her victim-centered, trauma-informed approach to investigating Larry Nassar. Read more ( awarded-for-work-in-nassar-case/) Healing fund expanded to cover additional mental health care costs, March 31, 2020 ( mental-health-care-costs/) Based on feedback from the survivor community and recommendations from the Michigan State University Relationship Violence and Sexual Misconduct Expert Advisory Workgroup, the Board of Trustees has expanded the medical services eligible for reimbursement under the Counseling and Mental Health Services Fund. Read more ( mental-health-care-costs/) Statement on verdict in Kathie Klages case, Feb. 14, 2020 ( statements/02-14-20-statement-on-Klages-verdict.php) We appreciate the jury\u2019s careful consideration of this case and respect its decision. Read more ( Statement on status of Nassar investigation, Dec. 24, 2019 ( statements/2019-12-24-AG-Investigation-Statement.php) We appreciate all the time and hard work the Attorney General\u2019s Office has put into their investigation over the past two years has cooperated fully with the inquiry, including handing over all facts associated with the case. Read more ( statements/2019-12-24-AG-Investigation-Statement.php) Statement on Simon trial status, Oct. 28, 2019 ( 10-28-Simon-Trial-Status.php) It is not appropriate to comment on the status or charges against her as this is an active legal case. Read more ( New webpage tracks progress on actions addressing federal reviews, Oct. 10, 2019 ( addressing-federal-reviews/) The Track Our Progress link (../our-progress/index-old.html) on the Our Commitment website (../index.html) contains a visual overview of what actions have been implemented, what is in progress and what actions the university still needs to take. Read more ( addressing-federal-reviews/) Trustee Byrum: Statement on independent investigation, Sept. 6, 2019 ( statements/09062019-independent-investigation.html) Since the June meeting, the board has continued discussing the scope of work for McDermott, Will and Emory. Unfortunately, we are split on defining the scope of work and we have made the decision to not move forward with a letter of engagement at this time. Read more ( statements/09062019-independent-investigation.html) Stanley sets course of action following federal reviews, Sept. 5, 2019 ( reviews/) President Stanley announced several actions today in response to the investigations concluded by the U.S. Department of Education\u2019s Office of Civil Rights and Clery Act Compliance Division including accepting June Youatt\u2019s resignation as provost. Read more ( reviews/) New fund administrator set to begin supporting Nassar survivors, Aug. 22, 2019 ( msu-nassar-survivors/) Starting Sept. 1, survivors of former doctor Larry Nassar seeking reimbursement from for counseling and mental health services will be supported by New Directions Behavioral Health. Read more ( begin-supporting-msu-nassar-survivors/) Stanley appoints advisers on sexual misconduct issues, Aug. 19, 2019 ( misconduct-issues/) Rebecca Campbell, chair of the Expert Advisory Workgroup and psychology professor, and Andrea Munford, a lieutenant with Police Department\u2019s Center for Trauma-Informed Investigative Excellence, will report directly to Stanley to provide guidance and make strategic recommendations. Read more ( presidential-advisers-on-sexual-misconduct-issues/) Statement on agreement with U.S. Department of Health and Human Services, Aug. 12, 2019 ( The agreed-upon revisions recommended by the U.S. Department of Health and Human Services, Office of Civil Rights further enhance the many protection and policy improvements has made since Nassar\u2019s arrest. Read more ( 08-12-agreement-DHHS.php) Trustees make Nassar-related announcements, June 21, 2019 ( The Board of Trustees announced the creation of the Counseling and Mental Health Services Fund as well as their intention to initiate an independent investigation into the facts associated with the Nassar case. Read more ( nassar-related-announcements/) Statement on conviction of William Strampel, June 12, 2019 ( statements/2019-06-12-statement-on-strampel.php) Today\u2019s verdict reinforces the need for Michigan State to continue improving the climate for all faculty, staff and students at the university. Read more ( statements/2019-06-12-statement-on-strampel.php) Intermediate healing fund established for Nassar survivors, Feb. 28, 2019 ( survivors/) Michigan State University Board of Trustees directed the university to re-establish a fund to support counseling and mental health services for the survivors of Larry Nassar. While the details of the new fund are being developed, the university has established an intermediate fund. Read more ( established-for-nassar-survivors/) Udpa apologizes to Nassar survivors, Feb. 15, 2019 (2019-02-15-statement-to- survivors.html want you to know that on behalf of this university love, as acting president and an executive officer, and as a former dean and faculty member realize the need to formally apologize and to effectively atone. Read more (2019-02-15-statement-to-survivors.html) Board Chair: Statment on re-establishing healing fund, Feb. 15, 2019 ( statements/02152019-reestablishing-assistance-fund.html) It is our plan to re-establish the fund that was frozen last summer, under the original parameters initially set forth. Read more ( statements/2019-statements/02152019-reestablishing-assistance-fund.html) Board Chair: Statement on healing fund, Jan. 9, 2019 ( Today, reaffirming the Board\u2019s ongoing commitment to supporting survivors, the Board of Trustees unanimously instructed the university to establish a fund to assist with the cost of counseling and mental health services for former patients of Larry Nassar. Read more ( makes $500 million settlement payment to survivor fund, Dec. 4, 2018 ( survivor-fund/)Interim President John Engler and the Michigan State University Board of Trustees announced completion of the university\u2019s financial transfer into a court-created settlement fund, fulfilling its agreement with sexual assault survivors of Larry Nassar. Read more ( payment-to-survivor-fund/) Statement on charges filed against former president, Nov. 20, 2018 (2018-11-20-Simon-Charges-Statement.html)We are aware of the charges brought today against former President Lou Anna K. Simon. Read more (2018-11-20-Simon-Charges- Statement.html) Statement on investigation of Healing Assistance Fund, Oct. 19, 2018 (2018-10-19-Fund-Investigation-Statement.html)We want to ensure these funds were being distributed appropriately so it is important to allow the Police Department time to complete a thorough investigation. Read more (2018-10-19-Fund-Investigation- Statement.html) Statement on new lawsuit allegations, Sept. 11, 2018 (2018-09-11-statement-on-new-lawsuit-allegations.html)We are deeply sorry for the abuses Larry Nassar has committed, and for the trauma experienced by all sexual assault survivors. Read more (2018-09-11-statement-on-new-lawsuit-allegations.html) Statement on charges filed against Kathie Klages, Aug. 23, 2018 (2018-08-23-Klages- Charges-Statement.html) The university was not present when she gave statements to the Michigan State Police, so we have no comment on what she told investigators or the charges announced today. Read more (2018-08-23-Klages-Charges-Statement.html) New police initiative focuses on trauma-informed investigative support services, Aug. 2, 2018 ( on-relationship-violence-and-sexual-assault-support-services Interim President John Engler and Police Chief Jim Dunlap announced that Lt. Andrea Munford has recently been assigned to develop a comprehensive program on law enforcement investigations into relationship violence and sexual assault on a trauma-informed and victim- centered basis. Read more ( new-initiative-to-focus-on-relationship-violence-and-sexual-assault-support-services/) Robert Young: Statement on insurance carriers, July 26, 2018 (2018-07-26-Insruance- Suit-Statement.html) We are suing our carriers, including our largest carrier United Educators, for failing to honor their policies. Read more (2018-07-26-Insruance-Suit-Statement.html) Statement on Status of Healing Assistance Fund, July 26, 2018 (2018-07-26-Fund- Statement.html) It was brought to our attention earlier this week by the firm that manages the Healing Assistance Fund that there are possible fraudulent claims being made. Read more (2018-07- 26-Fund-Statement.html) Survivors and parents join Museum to preserve teal ribbons, July 25, 2018 ( preserve-teal-ribbons/) Survivors of Larry Nassar\u2019s sexual abuse, their parents and community members have joined curators from Museum to begin the process of preserving the more than 200 teal mesh bows wrapped around trees across MSU\u2019s campus. Read more ( preserve-teal-ribbons/) Newly signed agreement means Strampel is gone from MSU, July 6, 2018 ( gone-from-msu/) William Strampel, former dean of the Michigan State University College of Osteopathic Medicine, retired from effective June 30, 2018 under an agreement signed July 5. His retirement means the university will not continue with the tenure revocation process, which Interim President John Engler called for in February. Read more ( gone-from-msu/) Robert Young: Statement on Attorney General search warrant, June 29, 2018 (2018-06- 29-AG-search-warrant.html) We stand behind our previous position on this issue, that the Attorney General's Office is not entitled to examine our lawyer\u2019s communication and legal advice to the university. We have been cooperating with the Attorney General\u2019s investigation, and will continue to do so. Read more (2018-06-29-AG-search-warrant.html) Board Chair: Statement regarding Interim President John Engler, June 21, 2018 ( statements/06212018-statement-regarding-john-engler.html majority of the Board of Trustees appreciates the statement issued today by the Interim President John Engler. Engler\u2019s apology for the comments contained in an April email that was released last week is appropriate and appreciated by a majority of the Board. Read more ( statements/06212018-statement-regarding-john-engler.html) Interim President Engler: Statement on apology to survivors, June 21, 2018 (2018-06-21- Engler-Statement.html) Last week while was on my way to Texas, a private email conversation of mine from April was made public didn\u2019t give it the consideration it warranted. That was a big mistake was wrong apologize. Read more (2018-06-21-Engler-Statement.html) Interim President Engler: Statement on settlement, May 16, 2018 (2018-05-16-Engler- Settlement-Statement.html successful mediation has a been a priority for the university and for me since arrived on campus in February. The entire community has worked hard at changes to make sure a monster like Larry Nassar could never hide again on our campus. Read more (2018-05-16- Engler-Settlement-Statement.html) Board Chair: Statement on settlement, May 16, 2018 ( statements/05162018-statement-on-settlement.html) We recognize the need for change on our campus and in our community around sexual assault awareness and prevention successful resolution to the litigation is a positive step in moving us all forward. Read more ( statements/2018-statements/05162018-statement-on-settlement.html and Nassar survivors agree in principle to settlement, May 16, 2018 ( university-announce-they-have-successfully-resolved-e/) Attorneys representing 332 survivors of former Michigan State University doctor Larry Nassar in lawsuits against and attorneys for the university announced a global settlement in principle totaling $500 million. ( michigan-state-university-announce-they-have-successfully-resolved-e/)Read more ( university-announce-they-have-successfully-resolved-e/) Provost Youatt: Statement on reviews of former Dean Strampel, May 1, 2018 (2018-05-01- Provost-Statement.html find the descriptions of Strampel\u2019s behavior that continue to come to light shocking and appalling. For all we have accomplished around student success, we have not yet created the kind of environment where our community feels safe and supported. Read more (2018-05-01- Provost-Statement.html) Interim President Engler: Statement on conduct of former Dean Strampel, April 26, 2018 (2018-04-26-Strampel-Statement.html) What continue to learn about Bill Strampel disgusts me. Anytime concerns are raised about faculty and staff behavior, we take those concerns seriously and investigate. Read more (2018- 04-26-Strampel-Statement.html) Statement from Carol Viventi, April 18, 2018 (2018-04-18-Viventi-Statement.html offer my sincerest and most heartfelt apology for the letter sent to leaders after the Board meeting. Read more (2018-04-18-Viventi-Statement.html) Interim President Engler: Statement on survivor discussion, April 13, 2018 (2018-04-13- Engler-survivor-statement.html met with Kaylee and Lisa Lorincz\u2019s on March 28. Also in the meeting were Carol Viventi and Emily Guerrant. Read more (2018-04-13-Engler-survivor-statement.html) Statement from former Supreme Court Chief Justice Bob Young, special counsel for MSU, March 28, 2018 (2018-03-28-Young-Statement.html) As a result of new plaintiffs and new claims being filed in federal court, the court ordered to respond to these filings by today. Read more (2018-03-28-Young-Statement.html) Interim President Engler: Statement on mediation, March 28, 2018 ( came to with the intention of concluding the lawsuits as soon as possible in a fair and just manner. The survivors should not have to endure years of litigation. Read more ( Interim President Engler: Statement on arrest of former Dean Strampel, March 27, 2018 ( arrest.php) One of the first actions took upon my appointment as interim president of Michigan State University in early February was to pursue revocation of tenure and removal of former Dean William Strampel. Read more ( statements/2018-03-27-Strampel-arrest.php) Interim President Engler: Letter to community, Feb. 13, 2018 ( Letter.php)On this second day of my second week as interim president think it is important to address several matters many of you have raised with me. Read more ( Statement on Nassar's Eaton County sentencing, Feb. 5, 2018 (2018-02-05-Eaton-Sentencing-Statement.html)Larry Nassar\u2019s final sentencing today on state criminal sexual conduct charges brings the criminal proceedings to a close. Read more (2018-02-05-Eaton-Sentencing-Statement.html) Interim President Engler: Statement on accepting responsibility as interim president, Jan. 31, 2018 ( is humbling to accept this interim president position in these difficult times for my beloved alma mater MSU. Read more ( interim-president/) Board Chair: Letter to community, Jan. 26, 2018 ( statements/01262018-letter-to-msu-community.html)Today, the Board of Trustees met to take important actions to begin a new day at MSU. Read more ( to-msu-community.html) Statement on Nassar's Ingham County sentencing, Jan. 24, 2018 (2018-01-24-Ingham-Sentencing-Statement.html)Larry Nassar\u2019s sentencing today on state criminal sexual conduct charges represents another important step toward justice. Read more (2018-01-24-Ingham-Sentencing-Statement.html) President Simon: Letter to community, Jan. 19, 2018 (2018-01-19-Simon-Letter.html)With several events related to the terrible crimes committed by former physician Larry Nassar in the news want to describe what we are doing to address the issues arising from this matter and, more importantly, the steps we are taking to support his victims, create the safest campus environment possible, and do our utmost to prevent something such as this from ever happening again. Read more (2018-01-19-Simon- Letter.html) President Simon: Statement on letter to Attorney General, Jan. 19, 2018 (2018-01-19-Statement-LAKS.html)The testimony of Nassar\u2019s victims this week made many of us, including me, listen to the survivors and the community in a different way. Read more (2018- 01-19-Statement-LAKS.html) Statement on victim impact statements in Ingham County, Jan. 16, 2018 (2018-01-16-Ingham-Victim-Statement.html)Many at MSU, including President Simon and Board of Trustee Chairperson Brian Breslin, have been viewing the brave women who have come forward to tell their stories at Larry Nassar\u2019s sentencing hearing. Words cannot express the sorrow we feel for Nassar\u2019s victims. Read more (2018-01-16-Ingham-Victim-Statement.html) National organizations selected to oversee Healing Assistance Fund, Jan. 11, 2018 ( healing-assistance-fund/)Michigan State University has selected the Commonwealth Mediation and Conciliation Inc. (CMCI) and the Minnesota Coalition Against Sexual Assault (MNCASA) to help facilitate access to counseling and mental health services for the victims of former physician Larry Nassar under the Healing Assistance Fund. Read more (2018-01-11- Healing-Assistance-Fund.html) President Simon: Letter to the community, Dec. 15, 2017 (2017-12-15-Simon-Letter.html)Last week, former physician Larry Nassar was sentenced to 60 years in federal prison; he will spend the rest of his life behind bars. The sentence for possession of child pornography is the first of what hope will be many lengthy prison sentences. Read more (2017-12-15-Simon-Letter.html) President Simon: Remarks to Board of Trustees, Dec. 15, 2017 (2017-12-15-President-Statement.html am truly sorry for the abuse you suffered, the pain it caused, and the pain it continues to cause today am sorry a physician who called himself a Spartan so utterly betrayed your trust and everything this university stands for. Read more (2017-12-15-President-Statement.html) Message from Board of Trustees on Dec. 15, 2017 (2017-12-15-Board-Message.html) We are deeply saddened by the stories of abuse that led to this moment and grateful for the courage the victims showed in coming forward. Read more (2017-12-15-Board-Message.html) Statement on Nassar's federal sentencing, Dec. 7, 2017 (2017-12-07-Statements federal sentencing.html) Nassar\u2019s behavior was deeply disturbing and repugnant, as the state and federal criminal charges that he has been convicted of show. Read more (2017-12-07-Statements federal sentencing.html) Statement on Nassar\u2019s convictions in Ingham and Eaton counties, Nov. 29, 2017 (2017-11-22-plea-statement-Ingham.html)The convictions of Larry Nassar on Nov. 22 in Ingham County and Nov. 29 in Eaton County on state criminal sexual conduct charges represent another important step toward justice for the victims. Read more (2017-11-22-plea-statement- Ingham.html) Response to plaintiffs\u2019 Nov. 22 press conference, Nov. 22, 2017 (2017-11-22-response- plaintiff-press-conference.html) As they have done before, today the plaintiffs\u2019 attorneys have made accusations against the university claiming it is engaged in a \u2018cover up of misconduct by university administrators.\u2019 The university unequivocally denies this accusation. Read more (2017-11-22-response-plaintiff-press- conference.html) Statements on Nassar\u2019s federal plea deal, July 11, 2017 (2017-07-11-plea-statement.html) As the plea agreement reached July 11 on the federal charges facing former doctor Larry Nassar shows, his behavior was deeply disturbing and repugnant. Read more (2017-07-11-plea- statement.html) President Simon: Letter to the community on sexual assault, April 26, 2017 (2017- 04-26-letter-to-spartan-community.html) Dear community member: As we approach the end of the school year, you likely are continuing to see media stories or comments related to the issue of sexual assault at MSU, either surrounding former doctor Larry Nassar or allegations made against members of the football program. Read more (2017-04-26-letter-to-spartan-community.html) President Simon: Remarks to Board of Trustees on Larry Nassar investigation, April 13, 2017 (2017-04-13.html) As victims continue to come forward to police regarding former doctor Larry Nassar want to provide an update on our response to this critical situation. Read more (2017-04- 13.html) Message from Board of Trustees on April 13, 2017 (2017-04-13-message-from- bot.html) The Michigan State University Board of Trustees is being regularly briefed on the allegations of sexual assault concerning former doctor Larry Nassar. Read more (2017-04-13- message-from-bot.html) President Simon: Message to community on Larry Nassar investigation, Feb. 22, 2017 (2017-02-22.html) Our hearts continue to go out to those most directly affected as additional state charges are announced against former employee Larry Nassar. Read more (2017-02-22.html Police Chief James Dunlap: Remarks from press conference, Feb. 22, 2017 (2017-02- 22-dunlap.html want to sincerely thank the Attorney General, Assistant Attorneys General Angela Povilaitis and Robyn Liddell and Police D/Sgt. Andrea Munford for their dedication and countless hours in investigating and preparing the Larry Nassar cases for prosecution. Read more (2017- 02-22-dunlap.html) President Simon: Remarks to Board of Trustees on sexual assault, Feb. 17, 2017 (2017-02- 17-remarks-bot-on-sexual-assault.html is currently dealing with several unrelated issues of sexual assault or harassment that people might associate together, because they\u2019ve come to light at about the same time. Read more (2017-02-17-remarks-bot-on-sexual-assault.html) Message from Board of Trustees on Feb. 17, 2017 (2017-02-17-statement-bot.html)The Michigan State University Board of Trustees is deeply concerned about the allegations of sexual assault against former doctor Larry Nassar connected to his work at MSU. Read more (2017-02-17-statement-bot.html) President Simon: Letter to the community on Larry Nassar investigation, Feb. 3, 2017 (2017-02-03-letter-to-spartan-community.html)Dear community member: You may have read media stories or comments related to former doctor Larry Nassar, the sexual assault allegations against him, and his work at and other organizations. You will undoubtedly see more. This situation is still unfolding as allegations continue to emerge regarding Nasser\u2019s criminal and repugnant behavior. Read more (2017-02-03-letter-to-spartan- community.html) (", "7435_104.pdf": "Gymnastics logo Gymnastics sex abuse scandal The Gymnastics sex abuse scandal relates to the sexual abuse of hundreds of gymnasts\u2014primarily minors\u2014over two decades in the United States, starting in the 1990s. It is considered the largest sexual abuse scandal in sports history.[1][2][3][4] More than 500 athletes alleged that they were sexually assaulted by gym owners, coaches, and staff working for gymnastics programs across the country, including Gymnastics (USAG) and Michigan State University (MSU).[5][6][7] Hundreds of them sued USAG, MSU, and the United States Olympic Committee (USOC, later USOPC), which settled the suits in 2018 and 2021 for a total of nearly $900 million.[8][9][10][5] The breadth of the abuses was first revealed by The Indianapolis Star, which reported in September 2016 that \"predatory coaches were allowed to move from gym to gym, undetected by a lax system of oversight, or dangerously passed on by Gymnastics-certified gyms\".[11] Coaches and officials perpetrated, facilitated, or worked to conceal abuse in Michigan, Pennsylvania, California, Rhode Island, Indiana, and elsewhere.[11 agents declined to investigate early allegations of abuse, then lied about it, according to a U.S. Justice Department report. Dozens of officials at USAG, MSU, and the United States Olympic Committee (USOC, later USOPC) ultimately resigned under pressure or were fired. Several coaches and officials faced criminal charges, though few were convicted.[12 central figure was Larry Nassar, a national-team doctor for and osteopathic physician in MSU's athletic department. More than 265 women said Nassar had sexually abused them under the pretense of providing medical treatment,[13] including former national team members Jessica Howard, Jamie Dantzscher, Morgan White, Jeanette Antolin, McKayla Maroney, Aly Raisman, Maggie Nichols, Gabby Douglas, Simone Biles, Jordyn Wieber, Sabrina Vega, Ashton Locklear, Kyla Ross, Madison Kocian, Amanda Jetter, Tasha Schwikert, Mattie Larson, Bailie Key, Kennedy Baker, Alyssa Baumann, and Terin Humphrey. In 2017 and 2018, Nassar pleaded guilty to federal charges of child pornography and state charges of first-degree sexual assault; he received sentences of 60 years in prison plus another 80 to 300 years. The scandal led to the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017, which directed the creation of the U.S. Center for SafeSport. Since 1990 Gymnastics has kept a list of people permanently banned from coaching for sexual abuse and other reasons. The list includes Robert Dean Head, a coach in Kentucky who in 1992 pled guilty to raping a 12-year-old, and Don Peters, the national coach for the 1984 Olympic team, who was banned in 2011 after two former gymnasts accused him of sexual abuse. In 2007 began requiring background checks for coaches.[14] Yet leaders also routinely dismissed warnings about coaches. For example received complaints about coach Mark Schiefelbein long before he was convicted in 2003 of molesting a 10- year-old girl.[15] Similarly received complaints about coach James Bell at least five years before he was jailed in 2003 for molesting three young gymnasts.[16][17] In a 2013 lawsuit officials admitted under oath that allegations of sexual abuse were routinely dismissed as hearsay unless they came directly from a victim or victim's parent. Even when leaders believed the accusers, they sometimes allowed coaches to continue coaching for years. For example leaders waited four years before telling the police that they had received credible allegations of sexual assault by Marvin Sharp, who became a coach in 2010. Sharp was charged in 2015 with three counts of child molestation and four counts of sexual misconduct with a minor; he died by suicide in prison received at least four complaints against Georgia coach William McCabe, but did not report the allegations to the police. One gym owner had warned that McCabe \"should be locked in a cage before someone is raped\".[16] McCabe continued coaching for seven years until one gymnast's mother went to the Federal Bureau of Investigation (FBI) with emails that he sent to her 11-year-old daughter. McCabe was charged with molesting gymnasts, secretly videotaping girls changing clothes, and posting their nude images on the Internet. He pleaded guilty and is serving a 30-year sentence.[16] In the years between 1996 and 2006 received sexual abuse complaints filed against 54 coaches. The organization banned 37 of them from gymnastics, but allowed others\u2014including some convicted of crimes\u2014to continue coaching. One regional chair spoke to the organization's president, arguing that a convicted sex offender should be allowed to keep his membership.[18] In a 2015 deposition in a lawsuit against President Steve Penny said, \"To the best of my knowledge, there's no duty to report if you are\u2014if you are a third-party to some allegation...You know, that lies with the person who has first-hand knowledge.\"[16] Penny would resign under pressure in March 2017.[19] Also in 2015 quietly fired its longtime Olympic team doctor Larry Nassar \"after learning of athlete concerns\".[20] Nassar was a licensed osteopathic physician and the national team sports- medicine doctor for USAG.[21][22] But Nassar continued to run a clinic and gymnastics club at MSU,[21] where he was a faculty member.[9] Origins Several of the accusers in 2021, including Jessica Howard, Simone Biles, Aly Raisman, McKayla Maroney, and Maggie Nichols Despite these and other occasional revelations about the sexual abuse of gymnasts, the general public was unaware of the scope of abuse and the efforts to cover it up until September 2016, when The Indianapolis Star began running a series of articles based on its eight-month investigation of the abuse.[23] The investigation drew on interviews and more than 5,600 pages of court records from the McCabe case, released after the Star's Marisa Kwiatkowski requested the documents.[24][18] In September 2016, The Indianapolis Star reported that Rachael Denhollander[25] was one of two former gymnasts who had made accusations of sexual abuse against Nassar. Following those criminal complaints reassigned Nassar from his clinical and teaching duties and fired him later that month.[20] Since then, over 250 women and girls have accused Nassar of sexually abusing them; many of them were minors at the time of the crimes.[13][26][27][28] According to those reports, Nassar committed sexual assaults during medical examinations and purported treatments. The molestations ranged from his inserting a finger into the gymnasts' vaginas and anuses to fondling their breasts and genitalia. These were criminal acts regardless of consent since the victims were minors. Nassar initially denied the charges, claiming that he was performing legitimate medical procedures.[9] In February 2017, three former gymnasts\u2014Jeanette Antolin, Jessica Howard, and Jamie Dantzscher\u2014gave an interview with 60 Minutes in which they accused Nassar of sexually abusing them. The gymnasts also alleged that the \"emotionally abusive environment\" at the national team training camps run by B\u00e9la and M\u00e1rta K\u00e1rolyi at the Karolyi Ranch near Huntsville, Texas, gave Nassar an opportunity to take advantage of the gymnasts and made them afraid to speak up about the abuse.[29] Rachael Denhollander, one of the first women to publicly accuse Nassar,[28] said in court in May 2017 that Nassar sexually abused her on five doctor's visits in 2000 when she was 15 years old.[30] Olympic gold medalist McKayla Maroney, using the #MeToo hashtag on Twitter, stated that Nassar repeatedly molested her, starting in 2008 when she was 13 years old and continuing until she retired from the sport in 2016.[22] Maroney filed a lawsuit against Nassar, MSU, the U.S. Olympic Committee (USOC), and USAG.[31] The lawsuit accused of covering up the sexual abuse by paying Maroney a $1.25-million settlement that required her to sign a non-disclosure agreement.[32] During a 60 Minutes interview, Olympic gold medalist Aly Raisman also accused Nassar of sexually abusing her when she was 15 years old.[33][34] Gabby Douglas subsequently drew criticism from her Olympic teammate Simone Biles and others for sending a tweet (\"...dressing in a provocative/sexual way incites the wrong crowd...\") that they interpreted as criticizing Raisman and of \"victim- shaming\".[35][34] Douglas later apologized for the tweet[36] and said she was also a victim of Nassar's abuse.[37] 2016 revelations Nassar in 2018 Voice of America report on Nassar's sentencing in 2018 Former national team member Maggie Nichols accused Nassar of abusing her and documented the ways he groomed her by connecting with her on Facebook and complimenting her appearance on numerous occasions.[38] It was also reported that it was Nichols' coach, Sarah Jantzi, who first reported Nassar to on June 17, 2015, after overhearing Nichols talk to other gymnasts, later revealed to be Raisman and Alyssa Baumann,[39] about Nassar's behavior.[40] Simone Biles came forward shortly after with firsthand accounts of how she too had been sexually abused by Nassar.[41] Jordyn Wieber made a statement at Nassar's court sentencing in which she also accused Nassar of sexually abusing her during her time at USAG.[42][43] On May 1, 2018, former national team member Sabrina Vega also accused Nassar of sexual abuse, claiming she was abused hundreds of times, beginning when she was 12.[44] In August 2018 gymnasts and 2012 and 2016 Olympians Kyla Ross and Madison Kocian came forward as victims of Nassar.[45] The following month, Alabama Crimson Tide gymnasts Bailie Key and Amanda Jetter also came forward with accusations against Nassar.[46] In October, Tasha Schwikert, a member of the 2000 Olympics team, came forward as a victim and claimed that Steve Penny pressed her to publicly support at the height of the Nassar scandal.[47] In November, Florida Gators gymnasts Kennedy Baker[48] and Alyssa Baumann[49] made public allegations against Nassar; Baker said she was abused during the 2012 Olympic Trials. In November 2016, Nassar was charged with sexual assault of a child.[50] Michigan attorney general Bill Schuette stated that the assaults began when the victim was 6 years old in 1998 and lasted until 2005.[51] He pleaded not guilty to three charges of first- degree criminal sexual conduct against a minor during his first court appearance. The following month, Nassar was indicted on federal child pornography charges. According to the FBI, over 37,000 images and videos of child pornography were seized from Nassar's home, including a GoPro video of Nassar allegedly molesting girls in a swimming pool. Some of the material was found on a hard drive and disks that Nassar discarded in his trash bin outside his home.[52] Nassar pleaded guilty to three federal child pornography charges on July 11, 2017,[53] and was given three consecutive 20- year prison sentences by U.S. District Judge Janet T. Neff on December 7, 2017.[54] On November 15, 2017, it was reported that Nassar pleaded guilty to counts of sexual assault in Ingham County (which contains most of East Lansing, the home city for Michigan State) and Eaton County in Michigan.[55] At the time, he faced a total of 22 charges, 15 in Ingham County and 7 in Eaton County. Among the Criminal proceedings Larry Nassar allegations was that under the guise of providing legitimate treatment, he molested 7 girls at his home and at a clinic on the campus.[56] It also stated that Nassar would enter a guilty plea in Ingham County on November 22 and would then plead guilty in Eaton County on November 29 and would serve at least 25 years in prison for these crimes.[55][56] Others who reported assaults by Nassar to the police were permitted to make victim impact statements during his sentencing hearing.[34] During his appearance before Judge Rosemarie Aquilina in Ingham County Circuit Court,[57] and under the terms of his plea agreement, Nassar pleaded guilty to seven counts of criminal sexual conduct charges with a minimum sentence of 25 to 40 years in prison.[58] Three of the victims were under the age of 13 and three ranged in age from 13 to 15.[34] More than 150 women made impact statements during Nassar's week-long sentencing hearing before the former doctor was sentenced on January 24, 2018, to state prison for 40 to 175 years. During his federal sentencing, Judge Neff had previously ordered that any state prison term run consecutive with Nassar's federal sentence.[59] Judge Aquilina quoted a letter that Nassar had sent her before sentencing, in which he blamed his accusers. She described him as a dangerous individual who showed little remorse and said that she \"signed [his] death warrant\".[60] During his Eaton County Circuit Court appearance, Nassar pleaded guilty to engaging in sexual misconduct with three children under the age of 16.[61] On February 5, 2018, Judge Janet Cunningham sentenced Nassar to an additional 40 to 125 years in state prison. This sentence will run consecutive to Nassar's federal sentence but concurrent to his previous state sentence from Ingham County.[62][63] It was reported in January 2018 that one of Nassar's victims filed a police report to the Meridian Township Police Department in 2004 but the police decided to not press charges against Nassar because of a PowerPoint presentation he gave to them that claimed that he was doing legitimate medical treatment.[64] Nassar's boss at was William Strampel, dean of the College of Osteopathic Medicine. Strampel was arrested on March 26, 2018,[65] some weeks after had announced they were taking steps to fire him due to his \"personal conduct\". On June 10, 2019, he was convicted in Michigan state court of two misdemeanor counts of willful neglect of duty and one felony count of misconduct in office. He was acquitted of a charge of criminal sexual conduct in the second degree.[66] On August 7, 2019, Judge Joyce Draganchuk sentenced Strampel to one year in jail.[67] On December 5, 2019, he permanently surrendered his license to practice as a physician and agreed to pay a fine of $35,000.[68] Strampel was scheduled to be released early for good behavior on April 3, 2020, after serving about eight months in jail, but was released even earlier: on March 19, 2020, in response to the COVID-19 pandemic.[69] On January 15, 2021, the Michigan Court of Appeals issued a per curiam opinion rejecting his appeal and affirming Judge Draganchuk's rulings. On August 4, 2021, the Michigan Supreme Court declined to hear the case.[70] Strampel and Nassar were the only two employees incarcerated for their role in the scandal former coach, Kathie Klegas, served 90 days plus probation; her conviction was overturned on appeal. William Strampel Steve Penny in 2016 Lou Anna Simon in 2014 On October 17, 2018, former Steve Penny was arrested on charges of evidence tampering in the Nassar case\u2014specifically, of removing related documents from the Karolyi Ranch gymnastics training facility in Texas.[71][72] On October 29, 2018, Penny entered a plea of not guilty.[73] In April 2022, prosecutors dropped the charges against Penny.[74] On November 20, 2018, former president Lou Anna Simon was charged with two felonies and two misdemeanor counts for lying to the police. She was accused of falsely telling investigators she did not know the nature of a Title complaint against Nassar in 2014. Each felony charge carried a possible sentence of four years in prison.[75] On October 29, 2019, Eaton County District Court Judge Julie Reincke ruled there was sufficient evidence to bind Simon over for trial in Eaton County circuit court.[76] On May 13, 2020, Eaton County Judge John Maurer dismissed the charges against Simon. The Michigan attorney general's office appealed[77] but their argument was rejected on December 21, 2021, by the Michigan Court of Appeals in a scathing ruling, which described the investigation into Simon's alleged crimes as a \"sham\".[78] In August 2018, Kathie Klages, a former gymnastics coach, was charged with one felony count and one misdemeanor count of lying to the police about her early knowledge of sexual abuse allegations against Nassar.[79][80] Her trial began in February 2020.[81] She was found guilty on two counts of lying to the police and faced up to four years in prison. Her sentencing was set for April 18, 2020,[82] then rescheduled to July 15, then once again delayed by a water main break near the courthouse.[83] On August 4, Klages was sentenced to 90 days in jail and 18 months of probation.[84] On December 21, 2021, the Michigan Court of Appeals overturned Klages' conviction after determining that her false statement was \"inconsequential, rather than material\" to the criminal investigation of whether a employee was complicit or not in allowing Nassar to prey on young athletes. Her case was dismissed in November 2022, legally clearing her after she served 90 days in jail and eight months of probation.[85][86][87] Steve Penny Lou Anna Simon Kathie Klages On February 25, 2021, John Geddert, the head coach of the 2012 Women's Olympic Gymnastics Team, was charged with multiple felonies including 20 counts of human trafficking and forced labor, one count of first-degree sexual assault, one count of second-degree sexual assault, racketeering, and lying to a police officer.[88] Geddert died by suicide shortly after his charges were announced.[89] As the Indianapolis Star was preparing to publish its 2016 investigation, the organization issued a statement: \"Nothing is more important to Gymnastics, the Board of Directors and Steve Penny than protecting athletes, which requires sustained vigilance by everyone\u2014coaches, athletes, parents, administrators and officials. We are saddened when any athlete has been harmed in the course of his or her gymnastics career\".[11] The also said that it required criminal background checks for all of its coaches.[11] The Star's investigation, however, found that \"some coaches are fired at gym after gym without being tracked or flagged by Gymnastics, or losing their membership with the organization\".[11] It also found that top executives at had routinely dismissed sexual abuse allegations against coaches and failed to alert authorities.[16][90] Asked about Nassar in February 2017 said that its executives first learned of an athlete's concern about him in June 2015. They said they conducted an internal investigation, and the following month fired Nassar and reported him to the FBI.[91] Many criticized USAG's leaders for their handling of the allegations against Nassar,[92][93] including U.S. senators who said the organization should have reported him to law enforcement more quickly.[94] In March 2017, Juliet Macur of The New York Times criticized executives for skipping the 2017 congressional hearing on protecting young athletes from sexual abuse, and noted that the organization had not apologized for its role in the scandal.[95] In March 2017 president Steve Penny resigned amid accusations of negligence[10] and calls for his dismissal.[96] Two-time Olympian Aly Raisman said the severance package given to Penny, reportedly $1 million, could have been used to help the affected athletes.[97] In June 2017, an investigator hired by to review its policies and practices issued a report subsequently announced various changes, including a requirement that all members report any suspected sexual misconduct to appropriate authorities and the Center for SafeSport.[98] By year's end, the scandal had cost several of its largest corporate sponsors,[99] including Procter & Gamble, Kellogg's, Under Armour, The Hershey Company,[100][101] and AT&T.[102] Procter & Gamble was the name sponsor of the National Championships for five seasons had sponsored the American Cup since 2011, and Kellogg's sponsored a series of nationwide tours. Marketing revenues that year had accounted for about 35 percent of annual revenues, or about $9.4 million.[103] John Geddert Response and impact and In January 2018 cut ties with several coaches and gyms that had employed Nassar. One was John Geddert, team coach of the 2012 London Olympic team and personal coach of Jordyn Wieber. Geddert operated two gyms that employed Nassar, including Twistars,[104][105] one of the locations where gymnasts reported being abused by Nassar.[106] Gymnasts had also accused Geddert of being abusive and dismissive of their injuries. One gymnast said Geddert had thrown her onto the low bar hard enough to tear the muscles in her stomach and end her career. They have said that Geddert's abuse left them vulnerable to Nassar's manipulation.[107] Geddart retired soon after his suspension.[105] That same month officially cut ties with Karolyi Ranch, the former national training center for the national team and a site where Nassar sexually assaulted many gymnasts.[108] Within weeks, the Karolyi Ranch website announced that the facility had closed.[109] On January 22, 2018, three members of the board of directors resigned.[110][111] After Nassar's sentencing on January 24, 2018, the published an open letter calling for the resignations of the other members of the board, lest the decertify the USAG. The also announced that it was launching an investigation into the scandal.[112] All remaining board members resigned on January 31.[113] Two days later, the Wall Street Journal reported that leaders, who had previously claimed that they had learned of abuse claims in 2016, had actually heard the allegations the previous year.[114] The Journal reported that in July 2015 Chief Executive Scott Blackmun had been told by Penny that an investigation uncovered possible criminal behavior by Nassar against Olympic athletes, and that two months later, Penny had detailed the allegations against Nassar to USOC's head of security.[115][116] Blackmun resigned on February 28, 2018.[117] On February 2, Valeri Liukin resigned as national team coordinator.[118][119][120] On February 28, Raisman filed a lawsuit against and the USOC, claiming both organizations \"knew or should have known\" about the ongoing abuse.[121][122] On May 1, former national team member Sabrina Vega sued USAG, the USOC, and B\u00e9la and M\u00e1rta K\u00e1rolyi, claiming they ignored signs about Nassar's behavior or should have known he posed a risk to the gymnasts he treated.[123] On September 4 and President Kerry Perry resigned[124] after USOC's new Sarah Hirshland called for a change in leadership[125] and the Elite Coaches Association called for a vote of no confidence in Perry.[126] On October 12, Mary Bono was appointed USAG's interim president and CEO.[127] Bono resigned four days later after many people, including Raisman and Biles, criticized her ties to her former law firm, Faegre Baker Daniels, which had helped cover up Nassar's crimes.[128] On November 5, 2018, the announced that it was starting the process to decertify as the national governing body for gymnastics in the United States.[129] One month later filed for bankruptcy.[130][131][132] On January 30, the U.S. Olympic & Paralympic Committee became in June 2019) proposed to settle all claims related to its cover-up of sexual assaults by paying claimants a total of $215 million,[133] about half of what Michigan State University had paid to settle similar lawsuits. The proposal would have barred future lawsuits and prevented further investigation into the cover-up.[134] On February 29, 2020, gymnasts Biles and Raisman expressed anger over the proposal.[134] On December 13, 2021, it was reported that the USOPC, USAG, and Nassar's victims had reached a $380-million settlement. The number of victims abused by Nassar was confirmed to be more than 500. This was the first time that the admitted direct responsibility for the scandal. Its leaders agreed to share the costs and responsibility with in order to help the gymnastics organization emerge from bankruptcy and preserve its certification atop U.S. gymnastics. While insurers of and the would pay for most of the damages, the agreed to directly pay $34 million and lend $6 million to so they could pay damages.[5 said that it first received a complaint against Nassar in 2014 Title investigation into the complaint found no violation of policy and Nassar was allowed to continue treating patients under certain agreed-upon restrictions, as stipulated by College of Osteopathic Medicine dean William Strampel. However, no monitoring was instituted.[135] After allegations against Nassar were reported by The Indianapolis Star in September 2016, Nassar was fired by Michigan State for violating the 2014 agreement.[52] By 2017, the university faced lawsuits from 144 local and athletes who said they were sexually assaulted by Larry Nassar.[136 gymnastics coach Kathie Klages was suspended on February 13, 2017, and retired the next day.[137] According to court documents, Klages was reportedly aware of allegations against Nassar as early as 1997.[137] She was accused of dismissing the complaints and pressuring gymnasts to stay silent about them.[136] On December 12, 2017, Strampel resigned as dean and went on medical leave as faculty. After mediation ended in the civil lawsuits, MSU's board of trustees voted to establish a $10-million fund to reimburse Nassar's victims for counseling services President Lou Anna Simon also apologized to the Nassar victims and donated her just-approved raise to the Roy J. and Lou Anna K. Simon Scholarship fund.[135] During Nassar's sentencing in January 2018, eight former athletes, including those from the gymnastics, softball, volleyball, rowing, and track and field programs, accused staff of dismissing their sexual abuse complaints against Nassar.[138][139] On January 23, 2018, the National Collegiate Athletic Association opened an investigation into the university's handling of sexual abuse allegations against Nassar.[140] On January 24, 2018, the Michigan House of Representatives voted overwhelmingly for a non-binding resolution sponsored by Rep. Adam Zemke that called for the university's board of trustees to fire President Lou Anna Simon if she did not resign. Simon resigned later that day.[141][142] Two days later athletic director Mark Hollis retired.[143] In 2018, several other state and federal agencies investigated Michigan State's involvement, including the Michigan Attorney General's office[144] and the Department of Education.[145 As a result of the Michigan Attorney General's investigation, in March 2018, Strampel, who oversaw Nassar's clinic while dean of the College of Osteopathic Medicine, was arrested and charged with felony misconduct in office and criminal sexual conduct for allegedly groping a student and storing nude photos on his computer. Strampel also possessed a video of the pelvic floor manipulation procedure that Larry Nassar had created as a training video. The video may constitute evidence of an assault, and the investigation is continuing.[146] On June 9, 2018, six current or former Michigan State employees linked to Nassar became the subjects of an investigation by Michigan's Department of Licensing and Regulatory Affairs.[147] On May 16, 2018 and Nassar's victims reached a $500-million settlement.[148] On September 5, 2019, Secretary of Education Betsy DeVos announced that would be fined $4.5 million for violating the Clery Act, which involves accurate disclosure and open access to crime statistics and crime prevention policies in colleges and universities that receive federal dollars, after two separate investigations from the Education Department's office of Federal Student Aid (FSA) and Office for Civil Rights (OCR). This was the largest Clery Act fine ever.[149] Congress responded to the sexual abuse claims made against Nassar and also to claims made against personnel who were involved with Swimming and Taekwondo. On March 28, 2017, the Senate Judiciary Committee held a hearing about the bill. Former gymnasts Dominique Moceanu, Jamie Dantzscher, and Jessica Howard testified.[150][95] Rick Adams, chief of Paralympic sports for the and head of organizational development for the NGBs, said at the hearing, \"We do take responsibility, and we apologize to any young athlete who has ever faced abuse officials declined requests to testify at the hearing.[95] Later that year, a bipartisan group of U.S. senators, including Sens. Dianne Feinstein, John Thune, and others, introduced a bill to require national governing body members overseeing Olympic sports to immediately report sexual assault allegations to law enforcement or to child-welfare agencies designated by the U.S. Department of Justice.[151] The bill amended the Ted Stevens Olympic and Amateur Sports Act, under the Commerce Committee's jurisdiction, to expand the purposes of to promote a safe environment in sports that is free from abuse.[152] Dubbed the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017, a bipartisan bill sponsored by Senators Feinstein and John Thune and others, it was agreed to in the House of Representatives on January 29, 2018,[153] in the Senate on January 30, 2018, and became law on February 14, 2018, when it was signed by President Donald J. Trump.[154] Among other things, the law directs the creation of a body to ensure that aspiring U.S. Olympic athletes can report allegations of abuse to an independent and non-conflicted entity for investigation and resolution, and to make sure that all national governing bodies follow the strictest standards for child abuse prevention and detection. The U.S. Center for SafeSport was duly created in 2017.[155][156][157] It has exclusive jurisdiction over allegations of sexual misconduct and can impose sanctions up to lifetime banning of a person from involvement in all Olympic sports.[158] It also collates a central database of disciplinary cases across all sporting disciplines.[159] Congress The failed to launch formal investigations into allegations that Nassar was abusing gymnasts; when asked about this, certain officials lied and tried to cover up their failures, according to a report released in July 2021 by the Office of the Inspector General of the U.S. Department of Justice IG).[160] As Today put it, \"For more than a year, complaints to the went unanswered and Nassar continued treating\u2014and raping\u2014gymnasts at MSU, a high school in Michigan, and a gymnastics club in Michigan.\"[161] In 2015 president Stephen Penny told local agents in Indianapolis that three gymnasts said they were assaulted by Nassar. The did not open a formal investigation or inform federal or state authorities in Michigan. In 2016 agents in Los Angeles began a sexual tourism investigation against Nassar and interviewed several victims but also didn't alert Michigan authorities.[162] Between the time the was told of Nassar's abuses and his arrest by police in fall 2016, he abused more athletes\u2014estimates range from at least 70, according to the report; and 120, according to Nassar's victims.[163][164][165] The report said that agent William Jay Abbott had failed to act on the gymnasts' allegations, and later lied about doing so. The report further alleged that USAG's Penny had discussed finding Abbott a job at Gymnastics, while telling Abbott his concerns about the bad publicity that would be generated by the scandal.[166][167] Two months after the report was released in July 2021, gymnasts Maroney, Biles, Nichols, and Raisman testified to the U.S. Senate that agents had mishandled their allegations against Nassar, that the agents had lied about their reports, and that they had spread misinformation about the botched investigation. Maroney testified that she was met with silence by an agent after telling the agent of Nassar's \"molestations in extreme detail\". She said that the falsified her statement and that the agents involved should be indicted; she also criticized Deputy Attorney General Lisa Monaco for not appearing at the hearing. Raisman testified that the made her feel her \"abuse didn't count\" and \"[I]t was like serving innocent children up to a pedophile on a silver platter Director Christopher Wray testified after the gymnasts, telling them that he was \"deeply and profoundly sorry that so many people let you down over and over again\". In April and June 2022, 103 victims of Nassar sued the for a total of $1.13 billion under the Federal Tort Claims Act for the FBI's false statements and inaction. In May 2022, the Department of Justice refused to arrest any agent that was involved in the failure to investigate for 14 months.[168][169] The victims received ESPN's Arthur Ashe Courage Award in 2018.[170] Maggie Nichols, the first to have reported Nassar, received the National Collegiate Athletic Association (NCAA) Inspiration Award for 2019.[171 failure to investigate and false statements Other Athlete and At the Heart of Gold \u2013 two documentaries about the Larry Nassar scandal. Penn State child sex abuse scandal Baylor University sexual assault scandal 2015 University of Louisville basketball sex scandal Ohio State University abuse scandal Sexual abuse in primary and secondary schools Abuse in gymnastics Report ( SOC/ropes-gray-full-report.pdf): \"Report of the Independent Investigation: The Constellation of Factors Underlying Larry Nassar\u2019s Abuse of Athletes\", Joan McPhee and James P. Dowden of Ropes & Gray (December 10, 2018) Report ( \"Investigation and Review of the Federal Bureau of Investigation\u2019s Handling of Allegations of Sexual Abuse by Former Gymnastics Physician Lawrence Gerard Nassar\", Inspector General of the U.S. Department of Justice (July 2021) 1. Macur, Juliet (January 19, 2018). \"Who Has U.S.A. Gymnastics' Back at This Point? The U.S.O.C., for Some Reason\" ( stics-raisman.html). The New York Times. Archived ( 1/ from the original on April 7, 2023. 2. Park, Alice (January 22, 2018 Gymnastics Board Members Resign Amid Larry Nassar Sexual Abuse Scandal\" ( ry-nassar/). Time. Archived ( 1/usa-gymnastics-board-members-resignation-larry-nassar/) from the original on May 2, 2018. Retrieved January 23, 2018. 3. Graham, Bryan Armen (December 16, 2017). \"Why don't we care about the biggest sex abuse scandal in sports history?\" ( ar-sexual-abuse). The Guardian. Archived ( ww.theguardian.com/sport/2017/dec/16/gymnastics-larry-nassar-sexual-abuse) from the original on May 3, 2021. Retrieved January 23, 2018. 4. Parke, Caleb (November 30, 2017). \"Michigan State accused of covering up worst sex abuse scandal in sports\" ( sex-abuse-scandal-in-us-sports/). Fox News. Archived ( 706/ -scandal-in-us-sports.html) from the original on July 11, 2018. Retrieved January 23, 2018. See also External links References 5. Macur, Juliet (December 13, 2021). \"Nassar Abuse Survivors Reach a $380 Million Settlement\" (ht tps:// The New York Times 0362-4331 ( Archived (https:// web.archive.org/web/20230714111148/ ar-abuse-gymnasts-settlement.html) from the original on July 14, 2023. Retrieved July 13, 2023. 6. Messman, Lauren (December 15, 2016). \"New Report Reveals 20-Year Sex Abuse Scandal Across Gymnastics Programs\" ( oj-gimnastici-deca-zlostavljana-20-godina). Vice. Archived ( 142002/ ana-20-godina) from the original on March 30, 2019. Retrieved February 17, 2018. \"At least 368 child gymnasts have alleged sexual assault by gym owners, coaches, and staff working for top gymnastics programs across the country over the last 20 years.\" 7. Evans, Tim; Alesia, Mark; Kwiatkowski, Marisa (December 15, 2016 20-year toll: 368 gymnasts allege sexual exploitation\" ( -368-gymnasts-allege-sexual-exploitation/95198724/). The Indianapolis Star. Archived ( b.archive.org/web/20210417230136/ 368-gymnasts-allege-sexual-exploitation/95198724/) from the original on April 17, 2021. Retrieved February 17, 2018. \"At least 368 gymnasts have alleged some form of sexual abuse at the hands of their coaches, gym owners and other adults working in gymnastics. That's a rate of one every 20 days. And it's likely an undercount.\" 8. Smith, Mitch; Hartocollis, Anemona (May 16, 2018). \"Michigan State's $500 Million for Nassar Victims Dwarfs Other Settlements\" ( -state-settlement.html). The New York Times 0362-4331 ( 62-4331). Retrieved February 13, 2024. 9. Maese, Rick; Hobson, Will (February 16, 2017 Gymnastics alerted in 2015 to doctor accused of abuse\" ( tor-abuse-20170216-story.html). Chicago Tribune. Archived ( 6220738/ 0170216-story.html) from the original on January 26, 2018. Retrieved April 17, 2020. 10. Branch, John (March 16, 2017). \"Steve Penny Resigns as U.S.A. Gymnastics President\" ( ww.nytimes.com/2017/03/16/sports/steve-penny-resigns-as-usa-gymnastics-president.html). The New York Times. Archived ( m/2017/03/16/sports/steve-penny-resigns-as-usa-gymnastics-president.html) from the original on April 6, 2023. 11. Evans, Tim; Alesia, Mark; Kwiatkowski, Marisa (December 15, 2016 20-year toll: 368 gymnasts allege sexual exploitation\" ( -368-gymnasts-allege-sexual-exploitation/95198724/). The Indianapolis Star. Archived ( b.archive.org/web/20210417230136/ 368-gymnasts-allege-sexual-exploitation/95198724/) from the original on April 17, 2021. Retrieved February 17, 2018. 12. Hauser, Christine; Zraick, Karen (July 30, 2019). \"Larry Nassar Sexual Abuse Scandal: Dozens of Officials Have Been Ousted or Charged\" ( -case-scandal.html?action=click&module=RelatedCoverage&pgtype=Article®ion=Footer). The New York Times. Archived ( m/2018/10/22/sports/larry-nassar-case-scandal.html?action=click&module=RelatedCoverage&pgt ype=Article®ion=Footer) from the original on November 14, 2023. Retrieved November 14, 2023. 13. \"Larry Nassar case Gymnastics doctor 'abused 265 girls' \" ( d-us-canada-42894833 News. January 31, 2018. Archived ( 10317225915/ from the original on March 17, 2021. Retrieved July 21, 2018. 14 Gymnastics | Permanently Ineligible Members and Participants\" ( boutus/pages/permanently_ineligible_members.html). usagym.org. Archived ( rg/web/20210505225058/ ers.html) from the original on May 5, 2021. Retrieved May 8, 2021. 15. \"Former gymnastics coach receives 96-year sentence - The Associated Press\". The Oak Ridger (TN). October 2, 2003. 16. Kwiatkowski, Marisa; Alesia, Mark; Star, Evans (August 4, 2016 Blind Eye to Sex Abuse \u2013 How Gymnastics Protected Coaches over Kids by Failing to Report Allegations of Misconduct\" ( nvestigations/2016/08/04/usa-gymnastics-sex-abuse-protected-coaches/85829732/). Indianapolis Star. Archived from the original ( a-gymnastics-sex-abuse-protected-coaches/85829732/) on April 6, 2023. Retrieved February 4, 2018. 17. Rapp, Timothy (August 4, 2016 Gymnastics Allegedly Failed to Alert Authorities to Sexual Abuse Allegations\" ( o-alert-authorities-to-sexual-abuse-allegations). Bleacher Report. Archived ( g/web/20230712203419/ ed-to-alert-authorities-to-sexual-abuse-allegations) from the original on July 12, 2023. Retrieved July 12, 2023. 18. Kwiatkowski, Marisa; Evans, Tim; Alesia, Mark (March 5, 2017). \"Judge Releases Gymnastics Sex Abuse Files\" ( y.com/story/news/nation-now/2017/03/03/judge-releases-usa-gymnastics-sex-abuse-files/9871534 4/). The Indianapolis Star. Archived from the original ( -now/2017/03/03/judge-releases-usa-gymnastics-sex-abuse-files/98715344/) on March 9, 2018. Retrieved February 4, 2018. 19. Kwiatkowski, Mark Alesia, Tim Evans, and Marisa Gymnastics President Steve Penny resigns\" ( resigns/99251344/). The Indianapolis Star. Archived ( 3/ 99251344/) from the original on November 11, 2023. Retrieved November 11, 2023. 20. Connor, Tracy (September 20, 2016). \"Dr. Larry Nassar, Accused of Abuse by Olympic Gymnast, Is Fired\" ( st-fired-n651461 News. Archived ( w.nbcnews.com/news/us-news/dr-larry-nassar-accused-abuse-olympic-gymnast-fired-n651461) from the original on February 27, 2021. Retrieved October 19, 2017. 21. Mather, Victor (February 22, 2017). \"Former Gymnastics Doctor Faces New Sexual Assault Charges\" ( ar-sexual-assault-charges.html). The New York Times. Archived ( 0708084612/ ssar-sexual-assault-charges.html) from the original on July 8, 2022. 22. Park, Alice (October 18, 2017). \"Who Is Larry Nassar, the Former Gymnastics Doctor McKayla Maroney Accused of Sexual Abuse?\" ( roney-sexual-abuse-doctor-usa-gymnastics/). Time. Archived ( 22043825/ nastics/) from the original on December 22, 2020. Retrieved October 19, 2017. 23 Legacy of Inaction\" ( doc/1P2-40467147.html). The Washington Post. February 15, 2017. Archived from the original (htt ps:// on February 5, 2018. Retrieved February 4, 2018. 24. Duberman, Amanda (January 21, 2019). \"Meet The Journalist Who Helped Expose Larry Nassar\" ( 54063b1). HuffPost. Archived ( com/entry/marisa-kwiatkowski-indy-star-larry-nassar_n_5c3d4178e4b0e0baf54063b1) from the original on October 16, 2020. Retrieved October 15, 2020. 25. Sheer, Robert. \"Gymnast accuses former doctor of abuse\" ( s/news/2016/09/12/90274492/). Indianapolis Star. Archived ( 0004745/ from the original on October 20, 2020. Retrieved May 2, 2018. 26. Evans, Tim (October 18, 2017). \"Former Gymnastics doctor accused of abuse\" ( ndystar.com/story/news/2016/09/12/former-usa-gymnastics-doctor-accused-abuse/89995734/). The Indianapolis Star. Archived ( r.com/story/news/2016/09/12/former-usa-gymnastics-doctor-accused-abuse/89995734/) from the original on August 29, 2017. Retrieved October 20, 2017. 27. Levenson, Eric (January 24, 2018). \"Larry Nassar sentenced to up to 175 years in prison for decades of sexual abuse\" ( ml). CNN. Archived ( 1/24/us/larry-nassar-sentencing/index.html) from the original on January 26, 2018. Retrieved January 26, 2018. 28. Cacciola, Scott; Mather, Victor (January 24, 2018). \"Larry Nassar Sentencing Just Signed Your Death Warrant' \" ( The New York Times. Archived ( m/2018/01/24/sports/larry-nassar-sentencing.html) from the original on February 29, 2020. 29. McCandless, Brit (February 19, 2017). \"On 60 Minutes, former gymnasts allege sexual abuse\" (htt ps:// News. Archived ( nutes-former-gymnasts-allege-sexual-abuse/) from the original on October 21, 2017. Retrieved October 20, 2017. 30. Steve Almasy; Anne Woolsey (May 14, 2017). \"Doctor's accuser froze, because knew it was sexual abuse' \" ( gations/index.html). CNN. Archived ( n.com/2017/05/13/us/michigan-gymnastics-doctor-sexual-abuse-allegations/index.html) from the original on December 19, 2019. Retrieved December 4, 2017. 31. Winton, Richard; Wharton, David; Garcia-Roberts, Gus (December 20, 2017). \"McKayla Maroney accuses and Gymnastics of covering up sexual abuse with secret settlement\" (https:// Times. 32. Barr, John (December 20, 2017). \"Confidentiality agreement kept McKayla Maroney from revealing abuse\" ( struck-agreement-mckayla-maroney-keep-larry-nassar-abuse-quiet-lawyer-says). ESPN. Archived ( _/id/21825575/usa-gymnastics-struck-agreement-mckayla-maroney-keep-larry-nassar-abuse-quie t-lawyer-says) from the original on February 22, 2021. Retrieved December 20, 2017. 33. \"Aly Raisman says she was sexually abused by U.S. national team doctor\" ( com/news/aly-raisman-says-she-was-sexually-abused-by-u-s-national-team-doctor News. November 10, 2017. Archived ( s.com/news/aly-raisman-says-she-was-sexually-abused-by-u-s-national-team-doctor/) from the original on December 7, 2018. Retrieved November 10, 2017. 34. Chavez, Nicole; Levenson, Eric (November 23, 2017). \"Ex Gymnastics doctor pleads guilty to criminal sexual conduct\" ( g/index.html). CNN. Archived ( 017/11/22/us/us-gymnastics-doctor-plea-hearing/index.html) from the original on December 3, 2017. Retrieved December 4, 2017. 35. \"Gabby Douglas apologizes after Simone Biles calls out victim shaming tweet\" ( ardian.com/sport/2017/nov/18/gabby-douglas-sorry-simone-biles-modest-dress). The Guardian. November 19, 2017. Archived ( dian.com/sport/2017/nov/18/gabby-douglas-sorry-simone-biles-modest-dress) from the original on December 1, 2017. Retrieved December 4, 2017. 36. Withiam, Hannah (November 22, 2017). \"Gabby Douglas opens up in Aly Raisman apology was abused, too\" ( s-abused-too/). New York Post. Archived ( post.com/2017/11/21/gabby-douglas-opens-up-in-aly-raisman-apology-i-was-abused-too/) from the original on November 9, 2020. Retrieved December 4, 2017. 37. Stevens, Matt (November 21, 2017). \"Gabby Douglas Says She Also Was Abused by Gymnastics Team Doctor\" ( The New York Times 0362-4331 ( Archived (https:// web.archive.org/web/20200516151223/ s-sex-abuse.html) from the original on May 16, 2020. Retrieved November 22, 2017. 38. Barr, John (January 10, 2018). \"Gymnast Maggie Nichols writes in letter she was first to alert to abuse by Larry Nassar\" ( ggie-nichols-says-was-first-alert-usa-gymnastics-abuse-larry-nassar). ESPN. Archived ( b.archive.org/web/20210317224414/ maggie-nichols-says-was-first-alert-usa-gymnastics-abuse-larry-nassar) from the original on March 17, 2021. Retrieved January 9, 2018. 39. Tarrant, David (November 29, 2018). \"Elite gymnast Alyssa Baumann of Plano details allegations of 'horrific abuse' by Larry Nassar\" ( nast-alyssa-baumann-plano-details-horrific-abuseby-larry-nassar). Dallas News. Archived (https:// web.archive.org/web/20181130202531/ ymnast-alyssa-baumann-plano-details-horrific-abuseby-larry-nassar) from the original on November 30, 2018. Retrieved November 30, 2018. 40. Green, Lauren (January 9, 2018). \"U.S. Gymnast Maggie Nichols Says She Was Abused By Larry Nassar, Dissuaded From Coming Forward By Gymnastics\" ( 8/01/09/maggie-nichols-larry-nassar-sexual-abuse-usa-gymnastics). Sports Illustrated. Archived (h ttps://web.archive.org/web/20201029180052/ ols-larry-nassar-sexual-abuse-usa-gymnastics) from the original on October 29, 2020. Retrieved January 17, 2018. 41. Alexander, Harriet (January 15, 2018). \"Simone Biles says she too was sexually abused by gymnast doctor Larry Nassar\" ( exually-abused-us-gymnast-doctor-larry-nassar/). The Daily Telegraph. Archived ( ive.org/archive/20220112/ y-abused-us-gymnast-doctor-larry-nassar/) from the original on January 12, 2022. Retrieved April 6, 2018. 42. Levenson, Eric (January 19, 2018). \"Jordyn Wieber says Larry Nassar also abused her\" ( ion.cnn.com/2018/01/19/us/larry-nassar-sentencing/index.html). CNN. Archived ( e.org/web/20211027020918/ tml) from the original on October 27, 2021. Retrieved January 19, 2018. 43. Barr, John (January 24, 2018). \"Olympian Jordyn Wieber tells court am a victim of Larry Nassar' \" ( n-wieber-give-impact-statements-larry-nassar-sentencing-hearing). ESPN. Archived ( rchive.org/web/20211026191509/ mnasts-aly-raisman-jordyn-wieber-give-impact-statements-larry-nassar-sentencing-hearing) from the original on October 26, 2021. Retrieved January 19, 2018. 44. Lozano, Juan (May 1, 2018). \"Gymnast sues Karolyis, other groups over team doctor's abuse\" (htt ps://web.archive.org/web/20190330234414/ -karolyis-other-groups-over-team-doctors-abuse/2018/05/01/c06b2c1c-4d63-11e8-85c1-9326c451 1033_story.html?noredirect=on). The Washington Post. Archived from the original ( shingtonpost.com/sports/gymnast-sues-karolyis-other-groups-over-team-doctors-abuse/2018/05/0 1/c06b2c1c-4d63-11e8-85c1-9326c4511033_story.html?noredirect=on) on March 30, 2019. 45. Park, Alice (August 16, 2018). \"Olympic Gymnasts Kyla Ross and Madison Kocian Say They Were Sexually Abused by Larry Nassar\" ( abused-larry-nassar/). Time. Archived ( m/5368423/gymnasts-kyla-ross-madison-kocian-abused-larry-nassar/) from the original on August 19, 2018. Retrieved August 27, 2018. 46. James, Jordan (September 4, 2018). \"Alabama gymnasts say they were sexually abused by Larry Nassar\" ( 7/). 247Sports.com. Archived ( m/Article/Larry-Nassar-Alabama-gymnasts-join-accusers-121457067/) from the original on September 5, 2018. Retrieved September 5, 2018. 47. \"Olympian Tasha Schwikert says she is a Larry Nassar survivor, speaks out on Steve Penny\" (http s://olympics.nbcsports.com/2018/10/18/tasha-schwikert-larry-nassar-survivor-gymnastics Sports. October 18, 2018. Archived ( s.nbcsports.com/2018/10/18/tasha-schwikert-larry-nassar-survivor-gymnastics/) from the original on October 19, 2018. Retrieved October 19, 2018. 48. Tarrant, David (November 15, 2018). \"Dallas gymnast's lawsuit says Larry Nassar sexually abused her six times, including at 2012 Olympic Trials\" ( 14/dallas-gymnasts-lawsuit-says-larry-nassar-sexually-abused-six-times-including-2012-olympic-tr ials). Dallas News. Archived ( s.com/news/news/2018/11/14/dallas-gymnasts-lawsuit-says-larry-nassar-sexually-abused-six-time s-including-2012-olympic-trials) from the original on November 15, 2018. Retrieved November 15, 2018. 49. Evans, Tim. \"Nassar survivor Gymnastics told us 'you have to go to treatment every single day' \" ( ymnastics-international-federation-gymnastics/2011275002/). The Indianapolis Star. Archived (http s://web.archive.org/web/20181116043340/ assar-alyssa-baumann-florida-usa-gymnastics-international-federation-gymnastics/2011275002/) from the original on November 16, 2018. Retrieved November 16, 2018. 50. Chowdhury, Saj (December 16, 2016 Gymnastics: How the sport has become beset by allegations of sex abuse\" ( Sport. Archived ( 8266205) from the original on June 14, 2018. Retrieved January 25, 2018. 51. \"Ex Gymnastics doctor pleads not guilty to child sex charges\" ( ws/larry-nassar-ex-usa-gymnastics-doctor-pleads-not-guilty-to-child-sex-charges News. November 22, 2016. Archived ( s.com/news/larry-nassar-ex-usa-gymnastics-doctor-pleads-not-guilty-to-child-sex-charges/) from the original on January 25, 2018. Retrieved January 25, 2018. 52. Connor, Tracy (December 21, 2016 Says Gymnastics Doctor Larry Nassar Recorded Abuse on Go Pro\" ( abuse-claim-n698741 News. Archived ( s:// 98741) from the original on October 19, 2017. Retrieved October 19, 2017. 53. Mencarini, Matt (July 11, 2017). \"Nassar pleads guilty to federal child porn charges\" ( nsingstatejournal.com/story/news/local/2017/07/11/larry-nassar-child-porn-guilty-plea/46379600 1/). Lansing State Journal. 54. Hinkley, Justin A.; LeBlanc, Beth (December 7, 2017). \"Larry Nassar sentenced to 60 years in federal child pornography case\" ( arry-nassar-sentenced-60-years-federal-child-pornography-case/908838001/). Lansing State Journal. Retrieved January 3, 2018. 55. Mencarini, Matt (November 15, 2017). \"Nassar to plead guilty in Ingham, Eaton sex assault cases\" ( ault-case/865934001/). The Indianapolis Star. Archived ( 4335/ x-assault-case/865934001/) from the original on February 27, 2021. Retrieved December 4, 2017. 56. Tucker, Heather (November 21, 2017). \"AP: Larry Nassar expected to plead guilty, faces at least 25 years in prison\" ( gymnastics-expected-plead-guilty-sexual-assault/886906001 Today. Archived ( archive.org/web/20190802145302/ y-nassar-usa-gymnastics-expected-plead-guilty-sexual-assault/886906001/) from the original on August 2, 2019. Retrieved December 4, 2017. 57. Mencarini, Matt (November 22, 2017). \"Recap: Larry Nassar in court for plea hearing\" ( ansingstatejournal.com/story/news/local/2017/11/22/larry-nassar-plea-hearing-live/885846001/). Lansing State Journal. Archived ( gstatejournal.com/story/news/local/2017/11/22/larry-nassar-plea-hearing-live/885846001/) from the original on February 8, 2024. Retrieved December 4, 2017. 58. Connor, Tracy (November 22, 2017). \"Ex-Olympics doctor Larry Nassar pleads guilty to sex charges\" ( sex-charges-n823276 News. Archived ( s:// 823276) from the original on December 4, 2017. Retrieved December 4, 2017. 59. \"Ex-Olympics doctor Larry Nassar sentenced to 60 years on child porn\" ( ws/grand-rapids/index.ssf/2017/12/ex-msu_olympics_doctor_larry_n.html). December 7, 2017. Archived ( ndex.ssf/2017/12/ex-msu_olympics_doctor_larry_n.html) from the original on February 13, 2018. Retrieved February 12, 2018. 60. Cacciola, Scott; Mather, Victor (January 24, 2018). \"Dr. Larry Nassar Sentenced to 40 to 175 Years for Sexual Abuse\" ( l). The New York Times. Archived ( mes.com/2018/01/24/sports/larry-nassar-sentencing.html) from the original on February 29, 2020. Retrieved January 24, 2018. 61. Rosenblatt, Kalhan (November 29, 2017). \"Ex-gymnastics doctor Nassar pleads guilty to additional sex charges\" ( sar-pleads-guilty-3-more-criminal-n824861 News. Archived ( 210227214341/ s-guilty-3-more-criminal-n824861) from the original on February 27, 2021. Retrieved December 4, 2017. 62. Ceneviva, Alex (February 5, 2018). \"Former sports doctor sentenced to 40 to 125 years in prison\" ( WTNH.com. Archived ( ormer-sports-doctor-sentenced-to-40-to-125-years-in-prison/) from the original on June 28, 2023. Retrieved June 28, 2023. 63. Murphy, Dan (February 5, 2018). \"Larry Nassar sentenced to 40 to 125 years in Eaton County\" (htt ps:// s-eaton-county). ESPN.com. Archived ( espn.com/olympics/gymnastics/story/_/id/22331187/larry-nassar-sentenced-40-125-years-eaton-c ounty) from the original on June 28, 2023. Retrieved June 28, 2023. 64. \"2004 Larry Nassar investigation dropped after doctor's PowerPoint presentation\" ( guardian.com/us-news/2018/jan/31/larry-nassar-sexual-abuse-sentencing-hearing). The Guardian. January 31, 2018 0261-3077 ( Archived (https:// web.archive.org/web/20230712161749/ assar-sexual-abuse-sentencing-hearing) from the original on July 12, 2023. Retrieved July 13, 2023. 65. Connor, Tracey (March 26, 2018). \"Police Arrest Larry Nassar's Boss Dean William Strampel\" ( william-strampel-n860246 News. Retrieved October 4, 2024. 66. Roth, Cheyna (June 10, 2019). \"Ex Dean Who Oversaw Larry Nassar's Is Found Guilty Of Multiple Charges\" ( assar-is-found-guilty-of-multiple-charges). NPR. Retrieved October 4, 2024. 67. Joseph, Elizabeth (August 7, 2019). \"Larry Nassar's's Former Boss Gets Year In Jail For Misconduct And Neglect of Duty\" ( assar/index.html). CNN. Retrieved October 4, 2024. 68. Rossman-McKinney, Kelly (December 5, 2019). \"Strampel Permanently Syrrendees License to Practice Medicine; Ordered to Pay $35,000 fine\" ( es/2019/12/05/strampel-permanently-surrenders-license-to-practice-medicine). Attorney General Press Release. Retrieved October 4, 2024. 69. Banta, Megan (March 23, 2020). \"Former Dean William Strampel Out of jail 2 weeks early\" ( mpel-jail-released/289735001/). Lansing State Journal. Retrieved October 4, 2024. 70. \"Michigan Court Of Appeals Case Details\" ( 27). Michigan Court of Appeals. August 3, 2021. Retrieved October 4, 2024. 71. Chavez, Nicole; Sutton, Joe (October 18, 2018). \"Former Gymnastics president arrested on charge of evidence tampering in Larry Nassar case\" ( nastics-former-president-steve-penny-arrest/index.html). CNN. Archived ( eb/20181019092345/ penny-arrest/index.html) from the original on October 19, 2018. Retrieved October 19, 2018. 72. Armour, Nancy; Axon, Rachel (October 18, 2018). \"Former Gymnastics Steve Penny arrested, indicted for tampering with evidence\" ( 8/former-usa-gymnastics-ceo-accused-removing-files-karolyi-ranch/1680089002 Today. Archived ( 18/10/18/former-usa-gymnastics-ceo-accused-removing-files-karolyi-ranch/1680089002/) from the original on October 19, 2018. Retrieved October 19, 2018. 73. Lozano, Juan A. (October 29, 2018). \"Ex Gymnastics head pleads not guilty\" ( roitnews.com/story/news/local/michigan/2018/10/29/steve-penny-usa-gymnastics-guilty-plea/3832 3681/). The Detroit News. Archived ( roitnews.com/story/news/local/michigan/2018/10/29/steve-penny-usa-gymnastics-guilty-plea/3832 3681/) from the original on March 30, 2019. Retrieved October 30, 2018. 74. Barr, John; Murphy, Dan (April 26, 2022). \"Evidence-tampering charges dismissed against former Gymnastics Steve Penny\" ( 363/evidence-tampering-charges-dismissed-former-usa-gymnastics-ceo-steve-penny). ESPN. Archived ( cs/story/_/id/33811363/evidence-tampering-charges-dismissed-former-usa-gymnastics-ceo-steve- penny) from the original on July 12, 2022. Retrieved July 12, 2022. 75. Smith, Mitch; Davey, Monica (November 20, 2018). \"Ex-President of Michigan State Charged With Lying About Nassar Case\" ( e-nassar.html). New York Times. Archived ( ww.nytimes.com/2018/11/20/us/lou-anna-simon-michigan-state-nassar.html) from the original on May 12, 2020. 76. LeBlanc, Beth (October 28, 2019). \"Former President Lou Anna Simon to be tried on Nassar-related charges\" ( er-michigan-state-president-lou-anna-simon-to-be-tried-nassar-charges/2485600001/). The Detroit News. Archived ( news/local/michigan/2019/10/28/former-michigan-state-president-lou-anna-simon-to-be-tried-nass ar-charges/2485600001/) from the original on March 27, 2020. Retrieved March 14, 2020. 77. Kozlowski, Kim (May 13, 2020). \"Judge dismisses charges against former president Simon in Nassar case\" ( ses-charges-against-former-msu-president-simon-nassar-case/5183418002/). The Detroit News. Archived ( ocal/michigan/2020/05/13/judge-dismisses-charges-against-former-msu-president-simon-nassar-c ase/5183418002/) from the original on February 27, 2021. Retrieved February 25, 2021. 78. Borrello, Stephen L. (December 21, 2021). \"People of Michigan v. Lou-Anna K. Simon\" ( w.courts.michigan.gov/49f21c/siteassets/case-documents/uploads/opinions/final/coa/202339_c35 4013(39)_rptr_152o-354013-asv.pdf) (PDF). 79. Levenson, Eric; Sgueglia, Kristina (August 30, 2018). \"Ex-Michigan State gymnastics coach turns herself in on charges related to Nassar case\" ( coach-kathie-klages-nassar/index.html). CNN. Archived ( 2214/ from the original on November 29, 2019. Retrieved February 12, 2020. 80. Banta, Megan (August 7, 2019). \"Judge declines to dismiss felony charge against former coach Kathie Klages\" ( ges-larry-nassar-msu-michigan-state-gymnastics/1933902001/). Lansing State Journal. Archived ( al/2019/08/07/kathie-klages-larry-nassar-msu-michigan-state-gymnastics/1933902001/) from the original on February 8, 2024. Retrieved February 12, 2020. 81. Banta, Megan (February 9, 2020). \"What to expect: Former gymnastics coach Kathie Klages' trial on charges of lying to police\" ( 0/msu-kathie-klages-larry-nassar-lying-police/4600830002/). Lansing State Journal. Archived (http s://web.archive.org/web/20240208040536/ 20/02/10/msu-kathie-klages-larry-nassar-lying-police/4600830002/) from the original on February 8, 2024. Retrieved February 12, 2020. 82. Barr, John; Murphy, Dan (February 14, 2020). \"Former Michigan State gymnastics coach Kathie Klages found guilty of lying to police\" ( rmer-michigan-state-gymnastics-coach-kathie-klages-guilty-lying-police%3fplatform=amp). ESPN. Archived ( y/_/id/28703239/former-michigan-state-gymnastics-coach-kathie-klages-guilty-lying-police%3Fplat form=amp) from the original on June 2, 2021. Retrieved February 14, 2020. 83. Banta, Megan (July 15, 2020 gymnastics coach Kathie Klages' sentencing delayed after water main break\" ( cing-former-msu-gymnastics-coach-kathie-klages/5441789002/). Lansing State Journal. Archived ( al/2020/07/15/delay-sentencing-former-msu-gymnastics-coach-kathie-klages/5441789002/) from the original on February 8, 2024. Retrieved July 16, 2020. 84. Kozlowski, Kim (August 4, 2020). \"Former gymnastics coach Klages gets 90-day sentence, probation\" ( abuse-msu-michigan-state-sentenced/5577341002/). The Detroit News. Archived ( ive.org/web/20200806145448/ klages-nassar-sex-abuse-msu-michigan-state-sentenced/5577341002/) from the original on August 6, 2020. Retrieved August 4, 2020. 85. \"Appeals court overturns Kathie Klages' conviction over knowledge of Nassar's abuse\" ( w.michiganradio.org/criminal-justice-legal-system/2021-12-21/appeals-court-overturns-kathie-klag es-conviction-over-knowledge-of-nassars-abuse). Michigan Radio. December 21, 2021. Archived ( -system/2021-12-21/appeals-court-overturns-kathie-klages-conviction-over-knowledge-of-nassars- abuse) from the original on July 14, 2023. Retrieved July 17, 2023. 86. \"Kathie Klages - National Registry of Exonerations\" ( n/Pages/casedetail.aspx?caseid=6558). Archived ( b/20230714061114/ =6558) from the original on July 14, 2023. Retrieved July 17, 2023. 87. \"Former coach Kathie Klages earns early release from probation\" ( urnal.com/story/news/local/2021/06/29/former-msu-coach-kathie-klages-earns-early-release-proba tion/7787012002/). Lansing State Journal. Archived ( 0/ s-earns-early-release-probation/7787012002/) from the original on February 8, 2024. Retrieved July 17, 2023. 88. Murphy, Dan; Barr, John (February 25, 2021). \"Ex Olympic gymnastics coach John Geddert faces 24 felony charges, including human trafficking, sexual assault\" ( ics/gymnastics/story/_/id/30962773/former-usa-olympics-gymnastics-coach-john-geddert-charge d). ESPN. Archived ( s/gymnastics/story/_/id/30962773/former-usa-olympics-gymnastics-coach-john-geddert-charged) from the original on February 25, 2021. Retrieved February 25, 2021. 89. Nichols, Anna (February 25, 2021). \"AG: Olympics gymnastics coach kills himself after charges\" (h ttps://apnews.com/article/john-geddert-suicide-after-charges-147800b76ba2f86f1314e85326dfd19 7). Associated Press. Archived ( m/article/john-geddert-suicide-after-charges-147800b76ba2f86f1314e85326dfd197) from the original on February 26, 2021. Retrieved February 25, 2021. 90. Hawkins, Derek (September 13, 2016). \"U.S. gymnasts accuse ex-team doctor of sexual abuse\" ( mnastics-doctor-of-sexual-abuse/). The Washington Post. Archived ( 0210227214336/ cuse-ex-usa-gymnastics-doctor-of-sexual-abuse/) from the original on February 27, 2021. 91. Maese, Rick; Hobson, Will (February 16, 2017 Gymnastics says it alerted to doctor accused of sex abuse in 2015\" ( 9-11e6-a9b0-ecee7ce475fc_story.html). The Washington Post. Archived ( eb/20170217020759/ 0-ecee7ce475fc_story.html) from the original on February 17, 2017. 92 Gymnastics head resigns amid pressure over handling of abuse cases\" ( dian.com/sport/2017/mar/16/usa-gymnastics-president-steve-penny-resigns). The Guardian. March 16, 2017. Archived ( com/sport/2017/mar/16/usa-gymnastics-president-steve-penny-resigns) from the original on October 21, 2017. Retrieved October 20, 2017. 93. Cook, Bob (October 18, 2017). \"#MeToo: McKayla Maroney Says She Was Among the Many Molested by Gymnastics Team Doctor\" ( etoo-mckayla-maroney-says-she-was-among-the-many-molested-by-usa-gymnastics-team-doctor/ #676c86213418). Forbes. Archived ( bes.com/sites/bobcook/2017/10/18/metoo-mckayla-maroney-says-she-was-among-the-many-mol ested-by-usa-gymnastics-team-doctor/#676c86213418) from the original on October 21, 2017. Retrieved October 20, 2017. 94. Hobson, Will (April 25, 2017). \"Doctor at center of Gymnastics scandal left warning signs at Michigan State\" ( stics-scandal-left-warning-signs-at-michigan-state/2017/04/25/eed48834-2530-11e7-a1b3-faff0034 e2de_story.html). The Washington Post. Archived ( ttps:// arning-signs-at-michigan-state/2017/04/25/eed48834-2530-11e7-a1b3-faff0034e2de_story.html) from the original on January 19, 2018. 95. Macur, Juliet (March 29, 2017). \"Facing Congress, Some Sports Officials (Not All) Begin to Confront Sexual Abuse\" ( s-officials-not-all-begin-to-confront-sex-abuse.html). The New York Times. Archived ( chive.org/web/20210603012710/ e-sports-officials-not-all-begin-to-confront-sex-abuse.html) from the original on June 3, 2021. 96. Wharton, David (March 16, 2017 Gymnastics President Steve Penny resigns amid abuse scandal\" ( tml). Los Angeles Times. Archived ( mes.com/nation/nationnow/la-na-gymnastics-president-20170316-story.html) from the original on March 9, 2020. Retrieved April 17, 2020. 97. \"Olympic champion Aly Raisman attacks over sexual abuse case\" ( n.com/sport/2017/aug/20/aly-raisman-usa-gymnastics-larry-nassar-sexual-abuse-allegations). The Guardian. August 20, 2017. Archived ( heguardian.com/sport/2017/aug/20/aly-raisman-usa-gymnastics-larry-nassar-sexual-abuse-allegat ions) from the original on October 21, 2017. Retrieved October 20, 2017. 98. Yan, Holly (June 27, 2017 Gymnastics agrees to dozens of changes amid sex abuse scandal\" ( CNN. Archived ( ealth/usa-gymnastics-policy-changes/index.html) from the original on November 12, 2017. Retrieved November 12, 2017. 99. Reid, Scott (December 14, 2017). \"Procter & Gamble, Kellogg's Drop Gymnastics Sponsorship after Sex Abuse Scandal\" ( w.highbeam.com/doc/1P4-1977187666.html). Redlands Daily Facts. Archived from the original (htt ps:// on February 5, 2018. Retrieved February 4, 2018. 100. Bieler, Des (December 14, 2017). \"Amid sexual assault scandal Gymnastics loses major corporate sponsors\" ( al-assault-scandal-usa-gymnastics-loses-major-corporate-sponsors). The Washington Post. Archived ( rly-lead/wp/2017/12/14/amid-sexual-assault-scandal-usa-gymnastics-loses-major-corporate-spons ors/) from the original on January 19, 2021. 101. Rovell, Darren (December 16, 2017). \"Under Armour, Hershey's, Procter & Gamble ending sponsorships of Gymnastics\" ( 6/under-armour-hersheys-procter-gamble-ending-sponsorship-contracts-usa-gymnastics). ESPN. Archived ( s/story/_/id/21778336/under-armour-hersheys-procter-gamble-ending-sponsorship-contracts-usa- gymnastics) from the original on December 16, 2017. Retrieved December 17, 2017. 102. Axon, Rachel; Armour, Nancy (January 23, 2018 suspends Gymnastics sponsorship, cites sexual abuse scandal\" ( ends-usa-gymnastics-sponsorship-sexual-abuse-scandal-nassar/1057136001 Today. Archived ( ympics/2018/01/23/att-suspends-usa-gymnastics-sponsorship-sexual-abuse-scandal-nassar/1057 136001/) from the original on January 23, 2018. Retrieved January 23, 2018. 103. \"Sponsors flee scandal-plagued Gymnastics; future cloudy\" ( sports/olympics/ct-larry-nassar-sponsors-flee-usa-gymnastics-20180125-story.html). Chicago Tribune. Associated Press. January 25, 2018. Archived ( 152/ -20180125-story.html) from the original on March 5, 2021. Retrieved February 27, 2021. 104. Barr, John (January 23, 2018 Gymnastics suspends former Olympics coach with ties to Larry Nassar\" ( y-nassar/story?id=52548744 News. Archived ( 6/ y?id=52548744) from the original on February 4, 2018. Retrieved February 4, 2018. 105. Eggert, David (February 2, 2018). \"Abuse victims say they were required by owner of Michigan gymnastics club to see Larry Nassar\" ( -nassar-john-geddert-twistars-20180202-story.html). Chicago Tribune. Archived ( e.org/web/20180203223438/ n-geddert-twistars-20180202-story.html) from the original on February 3, 2018. Retrieved February 4, 2018. 106. Eggert, David (February 1, 2018). \"Molested gymnasts blast coach who sent them to Larry Nassar\" ( ho-sent-them-to-doctor-20180201-story.html). Chicago Tribune. Archived ( web/20180204071523/ last-coach-who-sent-them-to-doctor-20180201-story.html) from the original on February 4, 2018. Retrieved February 4, 2018. 107. Murphy, Dan (January 24, 2018). \"Former gymnast Lindsey Lemke says John Geddert belongs in jail with Larry Nassar\" ( ESPN. Archived (http s://web.archive.org/web/20180204182446/ from the original on February 4, 2018. Retrieved February 4, 2018. 108. Murphy, Dan; Barr, John (January 18, 2018 Gymnastics cuts ties with Karolyi Ranch training facility\" ( lyi-ranch-training-facility). ESPN. Archived ( w.espn.com/olympics/story/_/id/22145103/usa-gymnastics-cuts-ties-karolyi-ranch-training-facility) from the original on January 19, 2018. Retrieved January 18, 2018. 109. Dougherty, Matt (January 25, 2018). \"Karolyi Ranch closes, remains under investigation after sex abuse allegations\" ( l/texas/karolyi-ranch-closes-remains-under-investigation-after-sex-abuse-allegations/511605072). KHOU, Houston, Texas. Tegna, Inc. Archived from the original ( xas/karolyi-ranch-closes-remains-under-investigation-after-sex-abuse-allegations/511605072) on January 26, 2018. Retrieved January 26, 2018. 110 Gymnastics statement regarding Board of Directors Executive Leadership\" ( ve.org/web/20180122235402/ Gymnastics. January 22, 2018. Archived from the original ( stID=21213&prog=h) on January 22, 2018. Retrieved January 22, 2018. 111. Armour, Nancy (January 22, 2018 Gymnastics top leadership resigns amid sexual abuse scandal\" ( hip-resigns-amid-sexual-abuse-scandal/1054233001 Today. Archived ( org/web/20180122235116/ stics-top-leadership-resigns-amid-sexual-abuse-scandal/1054233001/) from the original on January 22, 2018. Retrieved January 22, 2018. 112. Blackburn, Pete (January 24, 2018). \"USOC: Entire Gymnastics board must resign over Larry Nassar sex abuse scandal\" ( nastics-board-must-resign-over-larry-nassar-sex-abuse-scandal Sports. Archived ( eb.archive.org/web/20180125101025/ ymnastics-board-must-resign-over-larry-nassar-sex-abuse-scandal/) from the original on January 25, 2018. Retrieved January 25, 2018. 113 Gymnastics statement regarding Board resignations\" ( 075306/ Gymnastics. January 31, 2018. Archived from the original ( on February 1, 2018. Retrieved January 31, 2018. 114. Axson, Scooby (February 1, 2018). \"Report Didn't Act on Gymnasts' Abuse Claims in 2015\" ( Sports Illustrated. Archived ( 018/02/01/usoc-gymnasts-abuse-allegations) from the original on February 1, 2018. Retrieved February 1, 2018. 115. O\u2019Brien, Rebecca Davis (February 1, 2018). \"Olympics Committee Failed to Act on Nassar's Alleged Abuse for a Full Year\" ( sts-abuse-allegations-in-2015-1517484720). Wall Street Journal. Archived ( g/web/20180201163317/ se-allegations-in-2015-1517484720) from the original on February 1, 2018. Retrieved February 1, 2018. 116. Axson, Scooby (February 1, 2018 reportedly didn't act on abuse allegations\" ( w.si.com/olympics/2018/02/01/usoc-gymnasts-abuse-allegations). Sports Illustrated. Archived (http s://web.archive.org/web/20180201153611/ -abuse-allegations) from the original on February 1, 2018. Retrieved June 28, 2023. 117. Hobson, Will (February 28, 2018). \"Scott Blackmun steps down as U.S. Olympic Committee chief executive\" ( ympic-committee-chief-executive/2018/02/28/742775b2-1cc2-11e8-9de1-147dd2df3829_story.htm l). Washington Post. Archived ( onpost.com/sports/olympics/scott-blackmun-steps-down-as-us-olympic-committee-chief-executive/ 2018/02/28/742775b2-1cc2-11e8-9de1-147dd2df3829_story.html) from the original on March 30, 2019. 118. Graves, Will (February 2, 2018). \"Valeri Liukin steps down as U.S. women's gymnastics team coordinator\" ( cs-team-coordinator-20180202-story.html). Chicago Tribune. Archived ( b/20230628035810/ mnastics-team-coordinator-20180202-story.html) from the original on June 28, 2023. Retrieved June 28, 2023. 119. Fitzpatrick, Sarah; Distler, Katie; Connor, Tracy (February 3, 2018). \"New gymnastics shakeup: Valeri Liukin quits as U.S. team coordinator\" ( -quits-coordinator-u-s-women-s-gymnastics-team-n844141 News. Archived ( hive.org/web/20230628035810/ ator-u-s-women-s-gymnastics-team-n844141) from the original on June 28, 2023. Retrieved June 28, 2023. 120. Redford, Patrick (February 2, 2018). \"U.S. Women's Gymnastics Coordinator Valeri Liukin Suddenly Resigns\" ( n-1822669851). Deadspin. Archived ( in.com/u-s-womens-gymnastics-coordinator-valeri-liukin-sudden-1822669851) from the original on February 2, 2018. Retrieved February 2, 2018. 121. Connor, Tracy; Fitzpatrick, Sarah (March 2, 2018). \"Gymnast Aly Raisman sues U.S. Olympic Committee over Nassar abuse\" ( ues-u-s-olympic-committee-over-nassar-n852541). NBC. Archived ( 180302140515/ ommittee-over-nassar-n852541) from the original on March 2, 2018. Retrieved March 2, 2018. 122. Reynolds, Darren (March 3, 2018). \"Aly Raisman files lawsuit against Gymnastics over handling of Larry Nassar\" ( mnastics-handling/story?id=53453469 News. Archived ( 28035811/ ry?id=53453469) from the original on June 28, 2023. Retrieved June 28, 2023. 123. \"World champion gymnast sues Karolyis, others over Larry Nassar abuse\" ( orts.com/2018/05/01/sabrina-vega-sues-usa-gymnastics-larry-nassar-karolyi Sports. May 1, 2018. Archived ( 018/05/01/sabrina-vega-sues-usa-gymnastics-larry-nassar-karolyi/) from the original on June 3, 2023. Retrieved June 28, 2023. 124. \"Letter to Membership from Gymnastics Board Chair Karen Golz\" ( b/20180905093616/ Gymnastics. September 4, 2018. Archived from the original ( &prog=) on September 5, 2018. Retrieved September 4, 2018. 125. Brennan, Christine (August 31, 2018 chief says it's time to consider Gymnastics change as controversy continues\" ( 31/usoc-leader-sarah-hirshland-calls-ouster-usa-gymnastics-ceo-kerry-perry/1164309002 Today. Archived ( orts/olympics/2018/08/31/usoc-leader-sarah-hirshland-calls-ouster-usa-gymnastics-ceo-kerry-perr y/1164309002/) from the original on September 4, 2018. Retrieved September 4, 2018. 126. Meyers, Dvora (September 1, 2018 Gymnastics Is Imploding\" ( mnastics-is-imploding-1828764997). Deadspin. Archived ( 53956/ from the original on September 4, 2018. Retrieved September 4, 2018. 127. \"The Honorable Mary Bono has been named interim president and chief executive officer of Gymnastics\" ( ostID=22720 Gymnastics. October 12, 2018. Archived from the original ( pages/post.html?PostID=22720) on October 15, 2018. Retrieved October 26, 2018. 128. Romo, Vanessa (October 16, 2018). \"After Barrage Of Criticism Gymnastics Interim President And Resigns\" ( m-usa-gymnastics-interim-president-and-ceo-resigns). NPR. Archived ( b/20181026222734/ nastics-interim-president-and-ceo-resigns) from the original on October 26, 2018. Retrieved October 26, 2018. 129. Dotson, Kevin; Simon, Darran (November 6, 2018 Olympic Committee moves to revoke Gymnastics' status\" ( mittee/index.html). CNN. Archived ( n.com/2018/11/05/us/usa-gymnastics-us-olympic-committee/index.html) from the original on November 6, 2018. Retrieved November 6, 2018. 130 Gymnastics files for reorganization under Chapter 11 of Bankruptcy Code\" ( ve.org/web/20181206092334/ Gymnastics. December 5, 2018. Archived from the original ( ostID=23016) on December 6, 2018. Retrieved December 6, 2018. 131. Zwirz, Elizabeth (December 5, 2018 Gymnastics announces petition filed for Chapter 11 bankruptcy\" ( apter-11-bankruptcy). Fox News. Archived ( ww.foxnews.com/sports/usa-gymnastics-announces-they-filed-petition-for-chapter-11-bankruptcy) from the original on December 6, 2018. Retrieved December 6, 2018. 132. Murphy, Dan (December 5, 2018 Gymnastics files for bankruptcy as part of 'reorganization' \" ( -11-bankruptcy-petition). ESPN. Archived ( w.espn.com/olympics/story/_/id/25461239/usa-gymnastics-files-chapter-11-bankruptcy-petition) from the original on December 6, 2018. Retrieved December 6, 2018. 133. Clarke, Liz (March 1, 2020). \"Simone Biles blasts Gymnastics' settlement proposal; Aly Raisman assails 'massive cover up' \" ( biles-aly-raisman-blast-usa-gymnastics-settlement-proposal/). Washington Post 0190-8286 ( Archived ( 834/ astics-settlement-proposal/) from the original on March 29, 2023. Retrieved October 14, 2023. 134. Pitofsky, Marina (March 1, 2020). \"Simone Biles, Aly Raisman express anger over Gymnastics's settlement proposal\" ( ne-biles-aly-raisman-express-anger-over-usa/). The Hill. Archived ( 230628041312/ -express-anger-over-usa/) from the original on June 28, 2023. Retrieved June 28, 2023. 135. Wolcott (December 15, 2017 president apologizes to Nassar victims; university creates $10 million counseling fund\" ( 2/15/msu-board-trustees-sexual-assault-simon-nassar-students/954984001/). Lansing State Journal. Archived ( om/story/news/local/2017/12/15/msu-board-trustees-sexual-assault-simon-nassar-students/95498 4001/) from the original on February 8, 2024. Retrieved February 8, 2018. 136. Finley, Nolan (December 2, 2017). \"Finley cost in gymnast abuse scandal could top $1B\" (ht tp:// ndal/108247652/). The Detroit News. Archived ( p:// ndal/108247652/) from the original on December 5, 2017. Retrieved December 4, 2017. 137. O'Connor, Madison (August 27, 2017). \"Former gymnastics coach Klages working at gymnastics club\" ( 08/klages-twistars). The State News. Archived from the original ( 08/klages-twistars) on January 28, 2018. Retrieved December 4, 2017. 138. Solari, Chris (January 25, 2018). \"Who'll be key figures at center of investigation at Michigan State?\" ( nvestigation-michigan-state-larry-nassar/1064105001/). Lansing State Journal. Archived ( eb.archive.org/web/20240208040547/ u/2018/01/25/ncaa-investigation-michigan-state-larry-nassar/1064105001/) from the original on February 8, 2024. Retrieved January 26, 2018. 139. Chavez, Nicole (January 25, 2018). \"What others knew: Culture of denial protected Nassar for years\" ( CNN. Archived ( sar-sexual-abuse-who-knew/index.html) from the original on January 26, 2018. Retrieved January 26, 2018. 140. Tracy, Marc (January 23, 2018). \"N.C.A.A. Opens Investigation of Michigan State Over Nassar Case\" ( The New York Times. Archived ( m/2018/01/23/sports/michigan-state-ncaa-investigation.html) from the original on March 29, 2020. 141. Oosting, Jonathan (January 24, 2018 President Lou Anna Simon resigns\" ( oitnews.com/story/news/politics/2018/01/24/michigan-house-resolution-simon-resign/109777330/). The Detroit News. Archived ( com/story/news/politics/2018/01/24/michigan-house-resolution-simon-resign/109777330/) from the original on January 27, 2018. Retrieved January 25, 2018. 142. Lee, Michael (January 24, 2018 President Lou Anna Simon resigns in wake of Nassar case\" ( on-resigns-in-wake-of-nassar-case). Crain's Detroit Business. Archived ( eb/20180125080409/ t-lou-anna-simon-resigns-in-wake-of-nassar-case) from the original on January 25, 2018. Retrieved January 25, 2018. 143. Tracy, Marc (January 26, 2018). \"Michigan State Athletic Director Mark Hollis Resigns\" ( w.nytimes.com/2018/01/26/sports/michigan-state-mark-hollis.html). The New York Times. Archived ( an-state-mark-hollis.html) from the original on May 22, 2020. 144. \"7 questions Bill Schuette needs to answer about his Michigan State investigation\" ( mlive.com/news/index.ssf/2018/01/6_questions_schuette_didnt_ans.html). January 28, 2018. Archived ( 8/01/6_questions_schuette_didnt_ans.html) from the original on March 17, 2018. Retrieved March 16, 2018. 145. Wermund, Benjamin (February 26, 2018). \"DeVos announces new Title probe at Michigan State\" ( POLITICO. Archived ( 59/ from the original on February 8, 2024. Retrieved July 1, 2021. 146. \"William Strampel, former Michigan State University Dean, accused of storing nude photos\" (http s:// -probe-arraignment-today News. March 27, 2018. Archived ( 180327174651/ rrested-larry-nassar-probe-arraignment-today/) from the original on March 27, 2018. Retrieved March 27, 2018. 147. Mencarini, Matt (June 8, 2018). \"6 current, former employees with ties to Nassar scandal under state licensing inquiries\" ( arry-nassar-michigan-state-licensing-inquiries-strampel-hadden-teachnor-hauk-dietzel-stollak-ms u/684359002/). Lansing State Journal. Archived ( ps:// g-inquiries-strampel-hadden-teachnor-hauk-dietzel-stollak-msu/684359002/) from the original on February 8, 2024. Retrieved June 10, 2018. 148. Weaver, Hilary (May 16, 2018). \"Michigan State University Reaches $500 Million Settlement with Larry Nassar Victims\" ( settlement-with-larry-nassar-victims). Vanity Fair. Archived ( 225354/ h-larry-nassar-victims) from the original on September 28, 2022. Retrieved June 28, 2023. 149. Green, Erica L. (September 5, 2019). \"Education Department Hits Michigan State With Record Fine Over Nassar Scandal\" ( nassar.html). The New York Times 0362-4331 ( Archived ( olitics/michigan-state-larry-nassar.html) from the original on July 14, 2023. Retrieved July 17, 2023. 150. \"Olympic stars testify to Congress about sex abuse at Gymnastics program\" ( news.com/news/former-usa-gymnasts-address-senators-at-hearing-on-young-athletes-and-abus e News. March 28, 2017. Archived ( ww.cbsnews.com/news/former-usa-gymnasts-address-senators-at-hearing-on-young-athletes-and -abuse/) from the original on October 21, 2017. Retrieved October 20, 2017. 151. \"Senators Introduce Bill Requiring U.S. Amateur Athletic Organizations, Members to Report Sexual Abuse\" ( AB09-4176-8D74-B9D803CFAB2B). feinstein.senate.gov. March 6, 2017. Archived ( chive.org/web/20171021060240/ s?id=DFAC8B0E-AB09-4176-8D74-B9D803CFAB2B) from the original on October 21, 2017. Retrieved October 20, 2017. 152. \"Thune and Nelson Statements on Passage of Safe Sport Authorization\" ( enate.gov/public/index.cfm/2018/1/thune-and-nelson-statements-on-passage-of-safe-sport-authori zation). Senate Commerce Committee Press Release. January 20, 2018. Archived ( chive.org/web/20181106212246/ -and-nelson-statements-on-passage-of-safe-sport-authorization) from the original on November 6, 2018. Retrieved November 6, 2018. 153. 2018 Congressional Record, Vol. 164, Page H640 ( \"29 January 2018 Comments on S. 534 as amended\" ( -2018-01-29/pdf/CREC-2018-01-29.pdf#page=11) (PDF). January 29, 2018. pp. H636 ( w.govinfo.gov/content/pkg/CREC-2018-01-29/pdf/CREC-2018-01-29.pdf#page=11)\u2014H643. Archived ( C-2018-01-29/pdf/CREC-2018-01-29.pdf) (PDF) from the original on December 22, 2020. Retrieved March 27, 2020. \"Ms LEE...However must note a concern with a change the bill before us would make to the Senate-passed version of S. 534. The bill unanimously passed by the Senate would authorize funding to be provided to the U.S. Center for Safe Sport in the amount of $1 million for each of the next 4 years. Unfortunately, the version of the bill before us strips this funding authorization. ... Mr. Speaker want to read one last statement, and include in the the 133 written statements that have, subject to length limitation in the 133 Kyle Stephens: Little girls don't stay little forever, they grow into strong women that return to destroy your world. ...\" 154. \"Actions - S.534 - 115th Congress (2017\u20132018): Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017\" ( 4/actions). February 14, 2018. Archived ( 7010218/ from the original on November 7, 2018. Retrieved November 6, 2018. 155. Mitten, Matthew J.; Davis, Timothy; Smith, Rodney K.; Shropshire, Kenneth L. (November 13, 2019). Sports Law and Regulation: Cases, Materials, and Problems ( ks?id=BmrBDwAAQBAJ&dq=United+States+Center+for+SafeSport&pg=PA841). Aspen Publishing 978-1-5438-1713-3. Archived ( ps://books.google.com/books?id=BmrBDwAAQBAJ&dq=United+States+Center+for+SafeSport&p g=PA841) from the original on April 3, 2023. Retrieved March 16, 2023. 156. Pitts, Brenda G.; Zhang, James Jianhui (October 11, 2020). Sport Business in the United States: Contemporary Perspectives ( t). Routledge 978-1-000-20325-7. Archived ( from the original on April 3, 2023. Retrieved March 16, 2023. 157. \"The U.S. Center for SafeSport Opens\" ( w.teamusa.org/USA-Taekwondo/Features/2017/March/24/The-US-Center-for-SafeSport-Opens). Team USA. Denver, Colorado: United States Olympic & Paralympic Committee. March 24, 2017. Archived from the original ( e-US-Center-for-SafeSport-Opens) on March 1, 2018. Retrieved March 27, 2020. \" \"There is a critical need to address abuse in sports and we want to do everything we can to provide athletes with a positive, safe and secure environment,\" said U.S. Olympic Committee Scott Blackmun. \"Violence, abuse and misconduct in sport not only threatens athletes, but also undermines the fundamental values that sport is based on.\" \"The launch of the U.S. Center for SafeSport is an essential step in protecting athletes from abuse,\" said Han Xiao, Chairman of the USOC's Athletes' Advisory Council. \"We look forward to working together to create a safe environment for our youth and athletes.\" \" 158. Brown, Nadia (June 9, 2020). Me Too Political Science ( DwAAQBAJ&dq=%22SafeSport%22&pg=PT58). Routledge 978-1-000-05440-8. Archived ( BAJ&dq=%22SafeSport%22&pg=PT58) from the original on April 3, 2023. Retrieved March 16, 2023. 159. Branch, John (September 25, 2018). \"Sports Officials Are Making Lists of People Barred for Sexual Misconduct. Big Lists\" ( nduct-safesport.html). The New York Times 0362-4331 ( 2-4331). Archived ( 9/25/sports/olympics-sexual-misconduct-safesport.html) from the original on March 1, 2019. Retrieved August 4, 2019. 160. \"Investigation and Review of the Federal Bureau of Investigation's Handling of Allegations of Sexual Abuse by Former Gymnastics Physician Lawrence Gerard Nassar\" ( gov/sites/default/files/reports/21-093.pdf) (PDF). U.S. Department of Justice. July 2021. Archived ( 93.pdf) (PDF) from the original on September 29, 2023. Retrieved October 25, 2023. 161. Hackney, Suzette (July 14, 2021 allows sexual predator Nassar to go unchecked. His survivors must process another painful betrayal\" ( 7/14/fbi-larry-nassar-victims-women-failed-investigation/7972155002 TODAY. Archived (htt ps://web.archive.org/web/20210916032011/ -larry-nassar-victims-women-failed-investigation/7972155002/) from the original on September 16, 2021. Retrieved September 16, 2021. 162 director addresses failures in Nassar case during Indianapolis stop\" ( icle/news/crime/fbi-director-addresses-failures-larry-nassar-case-during-indianapolis-stop-usa-gym nastics-biles-raisman-maroney-sue-settlement/531-60daed07-20dd-41a3-9e31-9c3892a0d432). wthr.com. March 30, 2023. Archived ( hr.com/article/news/crime/fbi-director-addresses-failures-larry-nassar-case-during-indianapolis-sto p-usa-gymnastics-biles-raisman-maroney-sue-settlement/531-60daed07-20dd-41a3-9e31-9c3892 a0d432) from the original on October 25, 2023. Retrieved October 25, 2023. 163. Sneed, Tierney (September 15, 2021). \"McKayla Maroney made 'entirely false claims about what said' \" ( nassar-hearing/index.html). CNN. Archived ( x.html) from the original on September 16, 2021. Retrieved September 16, 2021. 164. Naylor, Brian (September 15, 2021). \"Gymnasts Blast The FBI's Mishandling Of Their Allegations About Larry Nassar\" ( aring-simone-biles-aly-raisman-wray). NPR. Archived ( 13/ -aly-raisman-wray) from the original on September 16, 2021. Retrieved September 16, 2021. 165. Barrett, Devlin (September 16, 2021). \"Simone Biles to Congress blame Larry Nassar, and also blame an entire system' \" ( r-fbi-investigation-hearing/2021/09/14/de4832cc-159f-11ec-9589-31ac3173c2e5_story.html). The Washington Post. Archived ( post.com/national-security/gymnasts-nassar-fbi-investigation-hearing/2021/09/14/de4832cc-159f-1 1ec-9589-31ac3173c2e5_story.html) from the original on January 20, 2022. Retrieved September 16, 2021. 166. Evans, Tim (July 16, 2021). \"Indianapolis leader eyed head Gymnastics job after sitting on Nassar allegations\" ( r-usa-gymnastics-fbi-investigation-doj-job-report/7977052002/). The Indianapolis Star. Archived (ht tps://web.archive.org/web/20230404170949/ 21/07/16/larry-nassar-usa-gymnastics-fbi-investigation-doj-job-report/7977052002/) from the original on April 4, 2023. 167. Brock, Kevin (September 17, 2021). \"Did the ignore crimes against young Olympic gymnasts on purpose?\" ( young-olympic-gymnasts-on-purpose/). The Hill. Archived ( 53015/ lympic-gymnasts-on-purpose/) from the original on January 24, 2023. 168. Bieler, Des (April 22, 2022). \"Larry Nassar victims seek $130 million from for mishandling case\" ( Washington Post 0190-8286 ( Archived ( org/web/20230220224259/ ms/) from the original on February 20, 2023. Retrieved July 17, 2023. 169. \"Gymnasts sue for $1 billion over mishandling of Larry Nassar case\" ( post.com/sports/olympics/2022/06/08/larry-nassar-victims-fbi-lawsuit/). The Washington Post. Archived ( lympics/2022/06/08/larry-nassar-victims-fbi-lawsuit/) from the original on May 4, 2023. Retrieved July 17, 2023. 170. Axson, Scooby (May 16, 2018). \"Larry Nassar Sexual Assault Survivors to Receive Arthur Ashe Award For Courage At ESPYs\" ( ur-ashe-award-espy). Sports Illustrated. Archived ( ttps:// from the original on November 9, 2020. Retrieved May 17, 2018. 171. \"2019 Inspiration Award: Maggie Nichols\" ( nter/news/2019-ncaa-inspiration-award-maggie-nichols) (Press release). NCAA. December 13, 2018. Archived ( s/media-center/news/2019-ncaa-inspiration-award-maggie-nichols) from the original on January 17, 2021. Retrieved December 13, 2018. Retrieved from \"", "7435_105.pdf": "Report of Employee Review Michigan State University 2019 Resolution Agreement, Section Date: September 1, 2020 RE: Employee Action Review Regarding Lawrence Nassar United States Department of Education, Office for Civil Rights Resolution Agreement Docket No. 15-18-6901 Introduction Michigan State University (\u201cMSU\u201d) recognizes that former physician Larry Nassar purposely abused hundreds of patients under the guise of medical treatment throughout his career. Since Reporter 1\u2019s report to the Michigan State University Police Department (\u201cMSUPD\u201d) in August 2016 and the Indianapolis Star article in September 2016 has taken many steps and actions to apologize to the survivors, to be accountable, and to invest in education and training to prevent abuse and protect the safety of our communities again apologizes to the survivors. As the United States Department of Education, Office for Civil Rights (\u201cOCR\u201d) is aware, after Nassar\u2019s abuse was revealed, MSU, as well as certain of its former or current employees, went through numerous independent investigations, inquiries, and reviews, including \u2022 United States Department of Education, Federal Student Aid \u2022 United States Department of Health and Human Services, Office for Civil Rights \u2022 United States Senate; Committee on Commerce, Science, and Transportation; Subcommittee on Consumer Protection, Product Safety, Insurance, and Data Security \u2022 United States House of Representatives; Committee on Energy and Commerce; Subcommittee on Oversight and Investigations \u2022 United States House of Representatives; Committee on Oversight and Government Reform \u2022 Michigan Attorney General \u2022 Michigan Department of Licensing and Regulatory Affairs \u2022 Michigan House of Representatives, Law and Justice Committee and the Appropriations Subcommittee on Higher Education \u2022 National Athletic Trainers Association With each independent investigation or inquiry sought to learn and improve. Indeed, on September 5, 2019 and entered into a Resolution Agreement. As a result of the Resolution Agreement and outlined numerous actions and requirements that must take. This employee review is one of those requirements. Specifically, under Section of the Resolution Agreement is required to: [R]eview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by either [Lawrence Nassar] or [William Strampel] and failed to take appropriate action in regard thereto. If the University\u2019s review determines that such person did receive a complaint of sex discrimination, the University will review whether that person failed to adequately respond in accordance with then- applicable law and University policies. If so, the University will then determine what further responsive steps, if any, must be taken with regard to that person. Accordingly, MSU\u2019s review here is limited to Section of the Resolution Agreement. Even though this review is expressly focused on Section III, the Resolution Agreement itself contains many more actions that must take to improve and strengthen the university\u2019s Title related policies and procedures. Further is constantly working to improve and has already taken many actions in response to Nassar\u2019s abuse beyond bolstering policies to prevent sexual assault, including: \u2022 Settled civil litigation financially with more than 530 plaintiff-survivors \u2022 Created a Counseling and Mental Health Services Fund to help with the counseling of many survivors and their families so they can continue their recovery and healing \u2022 Improved Relationship Violence and Sexual Misconduct (\u201cRVSM\u201d) and health care policies and procedures at \u2022 Formed the Expert Advisory Workgroup \u2022 Doubled staff in MSU\u2019s Office for Civil Rights and Title Education and Compliance \u2022 Created the Prevention Outreach and Education office to promote safety and improve quality of life by educating members of the campus community on sexual assault and relationship violence, eliminating violence on campus, empowering staff, faculty and students to become advocates for a non-violent community and positively affecting social change \u2022 Added more counselors at MSU\u2019s Center for Survivors \u2022 Created a trauma-informed investigation program through \u2022 Created a Sexual Assault Nurse Examiner program (opening delayed due to COVID-19) \u2022 Reorganized and increased the scope of MSU\u2019s Office of Audit, Risk and Compliance \u2022 Created a Youth Programs Director to implement and strengthen youth protection policies and training \u2022 Engaged external experts to conduct climate assessments of specific units to identify concerns and make recommendations to inform positive change \u2022 Hired a Climate Response Specialist to assist with ongoing workplace improvement, including training on reporting and processes \u2022 Administered a campus-wide Know More survey, which focused on the culture, perceptions and policies associated with sexual misconduct among undergraduate students, graduate/professional students, faculty and staff 2 \u2022 Created a Framework for Professional Conduct at College of Osteopathic Medicine \u2022 Developed a Code of Professional Standards and Behaviors for Faculty and Academic Staff across (approval and implementation expected Fall 2020) \u2022 Changed the process for reviewing deans by creating a standard survey which must be used in all dean reviews; providing an option for faculty, staff, or students to communicate confidentially with an individual outside of MSU, who will then provide anonymized information to the provost for consideration; instituting first year \u201clanding\u201d surveys for new deans, to be completed by faculty and academic staff after the dean has completed the first year of service \u2022 Amended the Discipline and Dismissal of Tenured Faculty for Cause Policy to: 1) afford the President the discretion to determine whether to place a faculty member on unpaid or paid leave during dismissal for cause proceedings; 2) provide that once written charges have been filed against the faculty member, the faculty member may not obtain official retiree status from the University during the dismissal for cause proceedings; and 3) provide that a faculty member who is dismissed for cause at the conclusion of the process is not eligible for official retiree status \u2022 Revised the Emeritus policy to provide a process for revoking emeritus status. \u2022 Implemented a Consensual Amorous or Sexual Relationships with Students policy to prohibit relationships between faculty/academic staff and undergraduate students \u2022 Implemented a Travel Lodging policy to prohibit supervisors and employees to lodge with students \u2022 Revised the Criminal Background Checks for Faculty and Academic Staff policy to require self-disclosure of criminal events while currently an employee acknowledges that more work needs to be \u2013 and will be \u2013 done. Michigan State University Policy and the Law Section of the Resolution Agreement requires that if determines that a former or current employee did receive a complaint of sex discrimination regarding Nassar must then determine whether that employee failed to adequately respond in accordance with then-applicable law and University policies. The following is an examination of then-applicable law and policy. Title of the Education Amendments of 1972 (\u201cTitle IX\u201d) prohibits discrimination on the basis of sex in education programs and activities that receive federal financial assistance. In 1975, the Department of Health, Education, and Welfare promulgated regulations requiring Universities to, among other things, publish a non-discrimination statement; designate an employee to coordinate efforts to comply with Title IX; and adopt and publish grievance procedures providing for prompt and equitable resolution of complaints. In the years following, no additional Title regulations were promulgated to address sexual harassment as a form of sex discrimination until the Department of Education\u2019s Final Rule, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, was published this year on May 19, 2020. 3 Neither Title nor legally binding regulations set forth a legal requirement that a university\u2019s employees must report sex discrimination or sexual harassment of which they are aware to the university. Case law, including the Supreme Court\u2019s Gebser and Davis cases, have provided a framework for evaluating when a university\u2019s response to sexual harassment may subject the university to money damages in a private lawsuit under Title IX,1 but has not established that university employees are legally obligated to report conduct that may constitute sexual harassment. However, in order to ensure university compliance with Title IX, and in accordance with Department of Education guidance, universities have often and appropriately imposed reporting expectations or requirements on their employees. For example, prior to 2011, MSU\u2019s Sexual Harassment Policy did not include a reporting requirement for employees. In January 2011, however, MSU\u2019s Sexual Harassment Policy was revised to address reporting, stating: University employees who become aware of specific and credible allegations of sexual harassment, whether through the report of a complainant or otherwise, should report the allegations promptly to the Title Coordinator. \u2026 To assure University-wide compliance with this policy and with federal and state law, the Office for Inclusion and Intercultural Initiatives must be advised of all reported incidents of sexual harassment and their resolution. (Sexual Harassment Policy, Revision January 2011.) Further, in May 2011, MSU\u2019s Sexual Harassment Policy was revised again to add that \u201csupervisors, managers, and other designated employees are expected to promptly report all allegations of sexual harassment to the Title Coordinator.\u201d (Sexual Harassment Policy, Revision May 2011) (emphasis added.) Subsequently, on April 6, 2012, MSU\u2019s then-President issued a memorandum to all employees reminding them of the University\u2019s reporting protocols for \u201csuspected child abuse, child pornography, and allegations of sexual assault.\u201d The memorandum provided in part: \u201cIf in your position with MSU, you suspect that a child may be abused or neglected, you must contact the police department immediately.\u201d The memorandum also provided: \u201cIf you receive an allegation of sexual assault related to a member of the University community (faculty, staff or student) you must report the alleged assault to the Police Department and [the Title 1 In Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (1998), the Supreme Court held that where a school has \u201cactual knowledge\u201d of an employee sexually harassing a student but responds with \u201cdeliberate indifference\u201d to such knowledge, the school itself has engaged in discrimination. In Davis v. Monroe County Board of Education, 526 U.S. 629 (1999), the Supreme Court held that the same standards of actual knowledge and deliberate indifference apply where the sexual harassment is committed by a fellow student rather than an employee. 4 office]. This would include an allegation that an community member has sexually assaulted a child.\u201d (Id.) As is aware, on January 1, 2015 implemented its Relationship Violence and Sexual Misconduct Policy Policy\u201d), which replaced the Sexual Harassment Policy. The Policy designated most employees as mandatory reporters, providing: All University Employees, other than those appointed in the offices listed above [as confidential resources] have the following reporting obligation when the employee becomes aware of relationship violence or sexual misconduct allegedly perpetrated by a member of the University community (faculty, staff, or student) or occurring at a University event or on University property. \u2026 Employees are only required to report relationship violence or sexual misconduct of which they become aware in their capacity as a University employee, not in their personal capacity. \u2026 The employee must report all relevant details about the alleged relationship violence or sexual misconduct that occurred on campus or at a campus-sponsored event, including the name of the victim, the accused, any witnesses, and any other relevant facts, including the date, time, and specific location of the incident Policy, January 1, 2015 Revision) (internal references omitted.) In September 2015, the Policy was amended slightly to provide that all employees were \u201cexpected to promptly report\u201d: All University employees, other than those appointed in the offices listed above, are expected to promptly report sexual misconduct or relationship violence that they observe or learn about and that involves a member of the University community (faculty, staff, or student) or occurred at a University event or on University property Policy, September 2015 Revision) (internal references omitted.) MSU\u2019s Office of Institutional Equity (\u201cOIE\u201d) was also established in late 2015, replacing the Office of Inclusion and Intercultural Initiatives (\u201cI3\u201d) as the office responsible for institutional compliance with Title IX, including receiving and investigating reports of sexual harassment. These employee reporting obligations remained in the Policy, and employees were subject to discipline for failure to report Policy, revision January 3, 2020.) Recently issued its and Title Policy to comply with the U.S. Department of Education\u2019s May 19, 2020 Title Final Rule. 5 copy of all relevant Sexual Harassment and policies are attached to this report employees are also guided by reporting protocols for suspected child abuse, which has also evolved over time. Certain employees are legally required to report reasonable suspicion of child abuse to authorities, as set forth under 722.623. On January 28, 2013 issued its University Reporting Protocols: Child Abuse, Sexual Assault, and Child Pornography. This policy required that all employees or volunteers who are mandated reporters and who suspect child abuse or neglect must make an immediate verbal report to Child Protective Services and file a written report with Child Protective Services within 72 hours. Mandated reporters included: physicians, dentists, physician\u2019s assistants, registered dental hygienists, medical examiners, nurses, licensed emergency medical care providers; audiologists; psychologists; marriage and family therapists; licensed professional counselors; social workers; licensed master\u2019s social workers; licensed bachelor\u2019s social workers; registered social service technicians; social service technicians; any person employed in a professional capacity in any office of the Friend of the Court; law enforcement officers; members of the clergy; regulated child care providers; school administrators; school teachers; and school counselors. Further, all employees or volunteers who suspected a child may be abused or neglected were required to contact MSUPD. Employees or volunteers who received an allegation of sexual assault related to a member of the University Community (faculty, staff, students) were required to report the alleged sexual assault to and OIE. The reporting protocols policy was minimally amended on July 1, 2016, but all reporting obligations remained the same for purposes of this review also has legally mandated reporting obligations under the Clery Act. 20 U.S.C. \u00a71092(f) et seq. The Clery Act requires colleges and universities that receive federal funding to annually disseminate a public annual security and fire safety report (\u201cASFSR\u201d) to employees and students. This must include statistics of campus crime for the preceding three calendar years as well as details about efforts taken to improve campus safety. The must also provide campus policies concerning, but not limited to, crime reporting, campus facility security and access, law enforcement authority, incidence of alcohol and drug use, and the prevention of/response to sexual assault, domestic or dating violence, and stalking. Background of Employee Review When conducting its review under Section of the Resolution Agreement must review the actions of the following individuals: \u2022 Former President Lou Anna Simon;2 \u2022 Former Provost June Youatt;3 2 Simon resigned her administrative role of President on January 24, 2018, and she retired from effective August 31, 2019. 3 Youatt is a tenured faculty member. She resigned her administrative role of Provost on September 5, 2019. Pursuant to her March 18, 2014 offer letter, Youatt completed a six-month sabbatical leave and is currently completing a six- month research leave that ends November 15, 2020. Consistent with MSU\u2019s Retirement Eligibility Requirements for Faculty and Academic Staff, from January 21, 2021 to December 31, 2021, Youatt will serve a one-year terminal consultantship with such duties determined by International Studies and Programs. Youatt will retire from effective December 31, 2021 was not able to identify any record or allegation that Youatt had or received notice of complaint or concern of sex discrimination committed by Nassar. 6 \u2022 Former Associate Provost and Associate Vice President for Academic Human Resources Terry Curry;4 \u2022 Unidentified employees of the Office of the General Counsel; and \u2022 Former head coach of the women\u2019s gymnastics team, Kathie Klages.5 In addition must review \u201ccurrent or former responsible employees who have been identified by name, title, or position in University memoranda, Title reports, or police reports as having received notice of complaints or concerns of sex discrimination committed by either [Nassar] or [Strampel], and failed to take appropriate action in regard thereto.\u201d The Resolution Agreement acknowledges that may be limited in its ability to review based on the availability of evidence or witnesses identified the following current and former employees as potentially having received notice of a complaint of concern of sex discrimination by Nassar: \u2022 Former Assistant Track Coach Kelli Bert;6 \u2022 Athletic Trainer Lianna Hadden; \u2022 Faculty Member Dr. Christopher Hannasch; \u2022 Former Athletic Trainer David Jager;7 \u2022 Former Gymnastics Coach Klages; \u2022 Associate Professor Dr. Jeffrey Kovan; \u2022 Former Physician Dr. Brooke Lemmen;8 \u2022 Former Athletic Trainer Tory Lindley;9 \u2022 Former Resident Dr. Christine Liszewski;10 \u2022 Athletic Trainer Thomas Mackowiak; \u2022 Former Intern Athletic Trainer Zach Mouaikel;11 \u2022 Former Department Chair, Radiology, Dr. Suresh Mukherji;12 4 Curry is a tenured faculty member. He resigned his administrative role of Associate Provost and Associate Vice President for Academic Human Resources on July 5, 2020. Consistent with MSU\u2019s Retirement Eligibility Requirements for Faculty and Academic Staff, from July 5, 2020 to July 4, 2021, Curry will serve a one-year terminal consultantship with such duties determined by the Provost. Pursuant to his March 26, 2007 offer letter, Curry will begin a six-month research assignment effective July 5, 2021. Curry will retire from effective January 4, 2022. 5 Klages retired from on February 14, 2017. 6 Bert\u2019s last day of employment with was August 30, 1999. 7 Jager was terminated on July 6, 2020. 8 Lemmen resigned from in January 2017. 9 Lindley last worked for in 2000. 10 Liszewski\u2019s last day of employment with was June 30, 2017. 11 Mouaikel received his undergraduate degrees from in 2016 and 2017 in athletic training and kinesiology, respectively. During the 2016-2017 school year, he served as a student athletic trainer. Mouaikel\u2019s last day of employment with was June 16, 2017. 12 Mukherji resigned from MSU, and his last day of employment with was in September 2019. 7 8 \u2022 Former Post-Graduate Intern Nancy Naradzay;13 \u2022 Former Athletic Trainer Anthony Robles;14 \u2022 Professor Dr. Lionel Rosen; \u2022 Former Professor Dr. Gary Stollak;15 \u2022 Athletic Trainer Destiny Teachnor-Hauk; \u2022 Former Graduate Student Athletic Trainer Henna Shah Trivedi;16 \u2022 Vanessa (last name unknown).17 Certain additional employees were on notice of a complaint of sex discrimination by Nassar within the context of a 2014 formal investigation initiated by a report from Reporter 1118 (\u201c2014 Investigation\u201d), but are not otherwise alleged to have independent notice of a complaint or concern of sex discrimination by Nassar that would trigger a reporting obligation. Nonetheless also reviewed whether current and former employees followed obligations under applicable law and then-applicable policies based on their knowledge of, or involvement with, the 2014 Investigation. The employees included: \u2022 Dr. Lisa DeStefano; \u2022 Dr. Jennifer Gilmore; \u2022 Kristine Moore; \u2022 Mukherji Detective Valerie O\u2019Brien; and \u2022 Strampel. With respect to the 2014 Investigation, on January 30, 2018 sent results of MSU\u2019s internal review of all sexual harassment complaints filed in the 2014-2015 school years, including the 2014 Investigation Findings, p. 17 concluded that the 2014 Investigation was handled properly at that time and that no additional actions or remedies were warranted regarding the 2014 Investigation. Accordingly, pursuant to Section of the Resolution 13 Naradzay is a former post-graduate intern in Athletic Training, and her last day of employment with was April 21, 2014. 14 Robles\u2019s last day of employment with was May 20, 2005. 15 Stollak retired from in 2010. 16 Shah Trivedi\u2019s last day of employment with was on or about May 5, 2000. 17 records reflect that a Vanessa Gomez was a post-graduate intern with the Athletic Training Department in 2012-2013, but, as explained below, the reporter did not provide a last name for Vanessa, Nassar\u2019s abuse occurred in the 2009-2010 timeframe, and has not been able to confirm the trainer\u2019s identity. 18 The Reporters identified by number are identified in the same manner as they are in the Letter of Findings Findings\u201d). 9 Agreement, a review of the 2014 Investigation, its findings, and later reviews of the 2014 Investigation are outside the scope of this employee review.19 Evidence Reviewed reviewed memoranda, Title reports reports, public documents, and other evidentiary documents, including the following: \u2022 September 5, 2019 Findings Investigation Materials and Exhibits attached thereto. (See 02.05.2018 8-01282 to 8-02512 03.09.2018 0004748 to 0005132 04.16.2018 0010719 to 0010838 04.16.2018 0017195 to 0017211 04.16.2018 0017901 to 0017966 05.30.2018 0018217 to 0018231 07.09.2018 0018417 to 0018452 07.16.2018 0018951 to 0018953 09.14.2018 0019001 to 0019297 09.28.2018 0020043 to 0020061, and 08.01.2020.) \u2022 Nassar\u2019s Personnel File 03.09.2018 0002159 to 0004348 04.16.2018 0014395 to 0014555.) \u2022 Personnel File of individuals reported to have received notice of a concern or complaint of sex discrimination by Nassar. \u2022 People v. Strampel, No. 18-479-FH-C30 trial transcript. \u2022 People v. Simon, No. 18-2261 preliminary examination transcript. \u2022 People v. Klages, No. 18-825 trial transcript. \u2022 People v. Nassar, 17-020217 (Eaton County), 17-143 (Ingham County) observation of preliminary examination, plea hearing, and victim impact statements. \u2022 Complaints filed in civil Nassar lawsuits. \u2022 State of Michigan Department of Licensing and Regulatory Affairs (\u201cLARA\u201d) Hearing Transcript in the Matter of Teachnor-Hauk and Hadden, Complaint No. 26-18-149885 and 26-18-149886, and other correspondence concerning its administrative complaints against Stollak, Kovan, Lemmen, Nassar, Dr. Douglas Dietzel, and Strampel. 19 As is aware, this is not to say that has not addressed the 2014 Investigation. Working with OCR, for example, the Resolution Agreement provides that will (a) continue to ensure that medical or scientific experts called upon in a Title investigation do not have a conflict of interest or bias (Sections I.B. and II.E.); (b) provide the same investigative reports to the parties (Section II.F.); and (c) provide a process for determining when it must reopen a previously completed matter due to newly discovered evidence (Section II,G.). 10 \u2022 Depositions and Recorded Interviews of Employees reported to have received notice of a concern or complaint of sex discrimination by Nassar including Moore, Lemmen, Kovan, Hadden, and Teachnor-Hauk Department Reports. (See 02.02.2018 8-00001 to 8-01261 02.02.2018 8-02513 to 8-02516 03.09.2018 0004349 to 0004747 04.16.2018 0010862 to 0010937 04.16.2018 0014711 to 0017183 04.16.2018 0018008 to 0018091 07.09.2018 0018453 to 0018524 07.16.2018 0018971 to 0019000 09.28.2018 0020202 to 0020208 11.27.2018 0023417 to 0023503.) \u2022 Department of Michigan Attorney General, December 21, 2018, Status of Independent Counsel\u2019s Investigation into [MSU]\u2019s Handling of Larry Nassar Matter Update also considered information that was provided during interviews by when it was on-campus and by the Michigan State Police. Evidentiary Standard In investigations concerning a potential violation of the Sexual Harassment or policies has utilized the preponderance of the evidence standard. The same standard is utilized when analyzing whether an employee failed to follow mandatory reporting protocols in violation of those policies. Under the standard, a person is presumed not to have violated the policy unless a preponderance of the evidence establishes a policy violation preponderance of the evidence is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on a particular allegation is equally balanced, it has not been proven by a preponderance of the evidence. Analysis Pursuant to Section By way of background, Nassar is a former osteopathic physician and associate professor of MSU\u2019s College of Osteopathic Medicine (\u201cMSUCOM\u201d). On September 16, 2016, Nassar\u2019s employment was suspended, and on September 20, 2016 terminated Nassar. Nassar was indicted in state court in November 2016, on multiple state charges of \u201csexual assault of a child\u201d that spanned from 1998 to 2005. He was charged with 22 counts of first-degree criminal sexual conduct with minors in two counties in Michigan. The allegations asserted that Nassar had molested minors at his home, MSU\u2019s Sports Medicine Clinic, and elsewhere, including under the guise of medical treatment. In December 2016, Nassar was arrested and indicted by a federal grand jury on child pornography charges. On July 11, 2017, Nassar pled guilty in federal court to (a) receiving child pornography in 2004, (b) possession of pornographic images of children dating from 2004 to 2016, and (c) tampering with evidence by destroying and concealing the images. On November 22, 2017, Nassar pled guilty in state court to seven counts of first-degree criminal sexual conduct with minors under 11 the age of sixteen. On November 29, 2017, he pled guilty in state court to three additional counts of first-degree criminal sexual conduct. On December 7, 2017, the United States District Court for the Western District of Michigan sentenced Nassar to 60 years in federal prison for the pornography charges. On January 24, 2018, the Ingham County Circuit Court sentenced Nassar to 40 to 175 years in prison for the sexual assault of minors. On February 5, 2018, the Eaton County Circuit Court sentenced Nassar to 40 to 125 years in prison for three additional counts of criminal sexual assault. The state sentences will run concurrently, but the federal and state sentences are to run consecutively. Starting in December 2016, various state and federal lawsuits arising from Nassar\u2019s conduct have been filed in state and federal court against Nassar, MSU, current and former employees of Gymnastics, Twistars Gymnastics Club, and the United States Olympic Committee. On May 16, 2018 settled lawsuits filed against brought by 332 Nassar survivors. Subsequently, lawsuits against and/or certain employees or former employees of have also been filed by other Nassar survivors, and remain pending in the Michigan Court of Claims, Ingham County (Mich.) Circuit Court, and the United States District Court for the Western District of Michigan. A. Relevant Documents i Findings On September 5, 2019 issued its Letter of Findings following its directed investigation of MSU\u2019s Title compliance regarding the employment and conduct of Nassar. As such is guided by OCR\u2019s Findings and the employees identified therein identified the following employees as receiving a report of potential sex discrimination by Nassar: \u2022 Former Assistant Coach Bert Findings, p. 7) \u2022 Athletic Trainer Hadden (Id.) \u2022 Former Head Women\u2019s Gymnastics Coach Klages (Id.) \u2022 Former Physician Lemmen (Id.) \u2022 Former Athletic Trainer Lindley (Id.) \u2022 Former Athletic Trainer Robles (Id.) \u2022 Athletic Trainer Teachnor-Hauk (Id. pp. 7-8 Physician Hannasch (Id. p. 8) \u2022 Athletic Trainer Mackowiak (Id.) \u2022 Former Athletic Trainer Mouaikel (Id Physician Kovan (Id., p. 12)20 As part of its investigation interviewed numerous employees. All employees interviewed denied or could not recall receiving any reports or concerns about Nassar\u2019s 20 As set forth above also reviewed the 2014 Investigation and identified various current and former employees in the context of their role in the investigation. OCR\u2019s Findings does not allege that any of these employees received a report of sex discrimination by Nassar except through their involvement in the 2014 Investigation. 12 conduct or behavior at any time before allegations against Nassar became public in September 2016. ii Investigation Reports reviewed all files and reports regarding Nassar\u2019s conduct received its first report regarding Nassar in April 2014: the 2014 Investigation. MSU\u2019s I3 conducted a formal investigation in response to the complaint. The next report regarding Nassar was in August 2016, and as survivors came forward publicly, spoke with MSUPD, and filed civil lawsuits received hundreds more reports. Upon receipt of a report, it is OIE\u2019s practice to reach out to the potential claimant to provide information regarding the availability of supportive and confidential resources as well as investigation options completed five full investigations into 2016 complaints regarding Nassar, finding that Nassar had violated policies by a preponderance of the evidence. Some potential claimants provided a statement to but decided not to move forward with a formal investigation; some did not respond to MSU\u2019s outreach; and some chose to pursue legal action instead of remedies through the process. Pursuant to Section VI(A) of the Resolution Agreement, on June 1, 2020 provided with additional, detailed information regarding its response to allegations regarding Nassar, including remedial measures provided review of all documents that report a current or former employee received notice of potential sex discrimination by Nassar is set forth below. i. 2014 Investigation received its first report regarding Nassar in April 2014 from Reporter 11, which was immediately referred to MSU\u2019s I3 for investigation. Reporter 1121 did not report that any current or former employee had notice of a complaint or concern of sex discrimination by Nassar and failed to take appropriate action. Nonetheless has reviewed the actions of employees involved with the 2014 Investigation, but only \u2013 pursuant to Section of the Resolution Agreement \u2013 to the extent their role in the investigation created a reporting obligation under then- applicable law or policies. As noted above, on January 30, 2018 sent results of its internal review of all sexual harassment complaints filed in the 2014-2015 school years, including the 2014 Investigation Findings, p. 17.) On April 18, 2014, Reporter 11 reported concerns about Nassar\u2019s conduct during a March 24, 2014 appointment to Kovan. Kovan met with Reporter 11 on April 21, 2014 and, upon hearing that the concerns were potentially sexual in nature, promptly reported Reporter 11\u2019s concerns to MSU\u2019s I3 02.05.2018 8-02354.) Moore, an investigator for MSU\u2019s I3 at the time and currently an attorney in the Office of the General Counsel, conducted the 2014 Investigation. Moore first contacted Reporter 11 on May 15, 2014 via telephone to schedule an interview. On May 15, 2014, upon realization that Reporter 21 Again, the Reporters identified by number are identified in the same manner as they are in the Findings. 13 11 was making a complaint of not only harassing or discriminatory conduct, but of sexual assault, Moore promptly reported the matter to 04.16.2018 0015250.) On May 29, 2014, Moore and Detective O\u2019Brien co-interviewed Reporter 11. Reporter 11 reported that she had an appointment with Nassar for hip pain and that after requesting that the female resident in the examination room leave, Nassar inappropriately touched and massaged near her vagina, on her breast, and on her buttocks. Further, Reporter 11 stated that she told Nassar to stop and that he was hurting her and that toward the end of the appointment, Nassar made a comment that he could continue to treat her, even if she was on her period. The day after the appointment, Reporter 11 called Nassar\u2019s office and cancelled her next appointment, advising the desk receptionist that she was cancelling \u201cbecause she felt violated 02.05.2018 8- 02356-58.) On June 9, 2014, Moore interviewed Nassar, and he stated he did not recall the specific appointment. However, Nassar did not dispute it was possible he manipulated Reporter 11\u2019s breasts during his examination of her shoulder, as it was medically necessary. Nassar also did not dispute touching near Reporter 11\u2019s vaginal area, stating that if a patient presented with hip pain, he would have manipulated in the pelvic floor area, including the sacrotuberous ligament (\u201cSTL\u201d), a ligament very closely connected to the pelvic floor area and, thus, close to the vagina. Nassar reported that touching near the vaginal area to work on the is common. Nassar generally confirmed that a patient may have stated that he was hurting them, and Nassar stated that he would understand that to mean that the specific touch was hurting, not that he should stop the entire manipulative medicine examination. Nassar also stated that he would have advised a female patient that her menstrual cycle would not be problematic in providing treatment, as young women sometimes become embarrassed about such an issue 02.05.2018 8-02361-63.) Consistent with then-standard operating protocols, and because Nassar did not dispute the possible or alleged medical manipulation, claiming it was medically necessary, MSU\u2019s I3 also interviewed four professionals. Moore interviewed osteopathic doctors Lemmen, DeStefano, and Gilmore, and athletic trainer Teachnor-Hauk 02.05.2018 8-02365- 70.) Nassar, as a respondent in the investigation, identified Lemmen and Teachnor-Hauk as individuals who may be able to provide relevant information. Strampel identified to I3 Drs. DeStefano and Gilmore as being able to explain whether the manipulation was medically necessary. Based in part on the statements of all four of these medical professionals, I3 concluded that Nassar\u2019s touching was medically appropriate and not sexual in nature 02.05.2018 8- 02375 issued the final report to the parties on July 18, 2014, inviting Reporter 11 to respond. Neither Reporter 11 nor Nassar provided a response to the report and the file was closed at that time. MSU\u2019s report, with recommendations, was forwarded to MSUCOM\u2019s Dean, Strampel, as the unit administrator, to consider any next steps or procedures for the department and any additional response required as to Nassar. ii. Other Investigation Reports 14 On August 25, 2016, Reporter 1 contacted to report that from February to April of 2000, Nassar sexually assaulted her when she was fifteen years old under the guise of medical treatment. The matter was also referred to 02.05.2018 8-01897 immediately suspended Nassar. On September 8, 2016 interviewed Nassar, who denied Reporter 1\u2019s allegations, disputed her account of what occurred, and stated that he would have been providing legitimate medical treatment. Subsequently, on March 17, 2017 determined that the preponderance of the evidence supported that Nassar had violated MSU\u2019s policies prohibiting sexual harassment and that Nassar\u2019s conduct was sexual in nature, regardless of whether it was allegedly done for a medical purpose Findings, p. 17 continued to receive numerous sexual misconduct complaints regarding Nassar Findings, p. 6 conducted five formal investigations into Nassar, each of which determined that he had violated policies by a preponderance of the evidence Findings, p. 18.) ii. Statements By Claimants in Lieu of Investigation During the 2016-2017 academic year decided, out of respect for survivors, that claimants with a report of violations of the Policy by Nassar would be offered the option to provide a statement in lieu of participation in a formal investigation, at the claimant\u2019s discretion Findings, p. 18 considered all of the statements and utilized them to review internal policies and procedures, even if did not conduct a formal investigation. The following claimants reported that an employee may have been on notice of sex discrimination by Nassar. On September 28, 2016 interviewed Reporter 9. Reporter 9 stated that her athletic trainer, Mackowiak, may have recommended that she treat with Nassar for lower back pain. After her appointment, Mackowiak scheduled another appointment with Nassar for Reporter 9, but Reporter 9 informed Mackowiak that \u201cthe doctor made [her] uncomfortable\u201d and she \u201cdidn\u2019t want to see him anymore.\u201d Reporter 9 stated that she did not give Mackowiak any further details 02.05.2018 8-01509.) On December 6, 2016, Reporter P22 reported to that she was hired by Nassar as a simulated patient in 2008 or 2009. Upon receiving a pelvic examination by Nassar, Reporter stated she was very uncomfortable and told her supervisor \u201cRebecca\u201d (later identified as Rebecca Cass) within MSUCOM. Specifically, Reporter stated that she was uncomfortable that Nassar had instructed students to speak to lower income patients differently than affluent patients. Reporter also stated, however, that she was not uncomfortable with Nassar with regard to his medical examination on her and she understood what the role of simulated patient entailed. Accordingly has determined this report is outside of the scope of the review contemplated by Section of the Resolution Agreement because it is not a complaint or concern of sex discrimination by Nassar 02.05.2018 8-01751.) 22 The Reporters identified by letter were not identified in the Findings. 15 On February 22, 2017, Reporter was interviewed by and stated that in 2009-2010, she was treated by Nassar and an athletic trainer, Nancy (later identified as Nancy Naradzay), \u201cwouldn\u2019t let me go in the doctor\u2019s office without her.\u201d Another trainer, Vanessa, also would not let her go in the room alone with Nassar. Reporter stated that Nancy appeared taken aback when she witnessed Nassar touch Reporter F\u2019s breast, but that Nassar explained what he was doing and that it was to help Reporter F\u2019s ribs. Nancy did not question the procedure moving forward. Reporter stated she continued to treat with Nassar as he was \u201cthe only doctor who has positively affected her pain.\u201d Reporter also stated that another teammate told her that Nassar put his fingers in the teammate\u2019s vagina. Reporter remembered being extremely shocked and the teammates talked to a trainer about the issue and the trainer appeared to brush it off. Reporter said \u201cwe just seemed to move on and we never talked about it again 02.05.2018 8-02488.) Reporter did not provide a trainer\u2019s name and did not provide any additional detail as to what was stated to that trainer. On March 21, 2017, Reporter was interviewed by and stated that on one occasion, a medical student was shadowing Nassar. Reporter stated that when the medical student left the room, Nassar vaginally penetrated her. She stated that this was the only occasion in which another individual was in the exam room at any time 02.05.2018 8-01621.) Reporter did not identify the medical student and, importantly for Section of the Resolution Agreement, did not report that the student had any notice of a concern or complaint of sex discrimination. On March 21, 2017, Reporter was interviewed by OIE. Reporter treated with Nassar at his office and stated that she believed there was a female nurse in the room to record Nassar\u2019s notes at every appointment. Reporter further stated that she believed the nurse was in the room during the whole appointment. Reporter stated that Nassar did not at any time fully penetrate her, but Nassar would massage her groin area underneath her gown 02.05.2018 8-01613.) Reporter did not identify the female nurse and, importantly for Section of the Resolution Agreement, did not report that the nurse had any notice of a concern or complaint of sex discrimination. On January 30, 2018, Reporter 14 stated that during the 2015-2016 school year, Mouaikel was present at one of her appointments with Nassar where Nassar \u201chad his hands all over [her] butt\u201d and \u201cin her inner thighs Findings, p. 8.) Reporter 14, however, stated that Mouaikel would not have been in a position in the treatment room to see what Nassar was doing. Reporter 14 reported to that she walked out of the appointment and told Mouaikel \u201cthat was weird 03.09.2018 0004787.) iii Reports received and investigated Reporter 11\u2019s 2014 complaint regarding Nassar, as well as hundreds of additional complaints beginning with Reporter 1\u2019s in August 2016. According to protocol and each referred reports to the other as they came in also carried out a search warrant at Nassar\u2019s residence and worked jointly with the Office of the Michigan Attorney General to secure Nassar\u2019s state criminal convictions. 16 Several reports indicate that current or former employees may have been made aware of concerns of sex discrimination by Nassar prior to August 2016. First investigated the complaint of misconduct by Reporter 11 alongside OIE. O\u2019Brien was the lead investigator. On May 29, 2014, O\u2019Brien and Moore interviewed Reporter 11 together and O\u2019Brien interviewed Nassar later the same day. On July 1, 2015 forwarded its report to the Ingham County Prosecutor\u2019s Office, requesting a warrant for Nassar\u2019s arrest. On December 15, 2015, the Ingham County Prosecutor\u2019s Office declined to authorize criminal charges against Nassar because \u201cafter careful review of the Victim\u2019s statement, the Defendant\u2019s statement and the videos of medical procedures submitted, it appears that what the Dr. is doing is actually a very innovative and helpful manipulation of a ligament located in the butt cheek and lateral to the vaginal opening called Det. Johsnon [sic] and let her know she should make contact with the Dr. and explain that he should have a witness and do a better job explaining his techniques as he sees patients 04.16.2018 0015263.) On February 8, 2017, Reporter reported to that in June 2015 she reported a concern regarding Nassar\u2019s treatment to her then-boyfriend and athletic trainer, Jager. Specifically, she reported that Nassar groped her breasts, that she told Jager, and that he stated it was a proper medical procedure 02.02.2016 8-00875.) On November 1, 2016, Reporter 12 reported to that in October 2015 she informed the referring doctor, Hannasch, that Nassar had \u201ctouched areas of [her daughter] that she was not comfortable with 02.02.2018 8-00123.) Hannasch was reported to have replied that he worked with Nassar and was aware that he does \u201cneed to get into private areas.\u201d (Id.) Reporter 12 did not state that she communicated with Hannasch about her concerns in any greater detail. On February 8, 2017, Reporter 2 told that sometime in 1997, when she was about 16 years old and participating in a program called Spartan Youth Gymnastics, she reported to Klages that Nassar touched her inappropriately Findings, p. 9 04.16.2018 0016030-35.) Reporter 2 stated that Klages responded that she could not imagine Nassar doing anything inappropriate. Klages, according to Reporter 2, then called Reporter 2\u2019s teammates into her office to ask each if they had any similar concerns about Nassar. Reporter 2 stated one teammate confirmed that she too had been touched inappropriately by Nassar. Reporter 2 stated that Klages provided her with complaint papers to consider, but said, \u201cWell could file this but there\u2019s going to be very serious consequences for you and Dr. Nassar 04.16.2018 0016033.) Reporter 2 stated she assumed she was incorrect and, therefore, did not file a complaint at that time and instead was treated by Nassar again thereafter. Reporter 2 stated that Nassar confronted her about her concerns she raised with Klages. On February 22, 2017, Reporter reported to that in 2010, she was aware that athletic trainers Teachnor-Hauk and Naradzay knew that Nassar utilized penetration techniques. Further, she reported that she told her sports psychologist, Rosen, that Nassar used penetration in his medical examinations, and Rosen did not tell her it was wrong or improper 04.16.2018 0016137.) 17 On April 3, 2017, Reporter reported to that she reported Nassar\u2019s intervaginal treatment to Rosen\u2019s understudy named \u201cKristina\u201d (later identified as Christine Liszewski) during a sports psychology counseling session. Reporter stated that she told Liszewski that when Nassar penetrated her it reminded her of another assault 04.16.2018 0016323.) On April 10, 2017, Reporter 6 reported to that she played volleyball at from 2000-2003 04.16.2018 0016337.) In 2000, Reporter 6 treated with Nassar. Prior to the treatment, Reporter 6 stated that she was aware that Nassar\u2019s treatments were \u201cuncomfortable\u201d because \u201cword got around\u201d with teammates that Nassar applied pressure to private areas. However, when Nassar vaginally penetrated her, she was concerned. Reporter 6 advised her athletic trainer, Hadden, that Nassar made her feel very uncomfortable, but did not tell Hadden that he vaginally penetrated her with his fingers. (Id.) Reporter 6 stated that Hadden \u201cwas very supportive and told her if she felt uncomfortable she should report it.\u201d On May 1, 2017, Reporter 6 provided with a written statement. In the statement, Reporter 6 stated that she decided to go to Hadden to learn how to file a general complaint about an uncomfortable doctor\u2019s visit. As to Hadden, Reporter 6\u2019s statement provided: My trainer, Lianna or \u201cLee-Lee,\u201d was one of the most caring, concerned, and wonderful people you could meet don\u2019t remember all the details of our conversation, but remember her being very patient, appropriately concerned, but also sober minded (and understandably so say sober minded because she knew was young and immature. (emphasis in original.) For example: One time remember running into the training room sobbing one day because was regretful of a kissing encounter had with my boyfriend. From her perspective \u2026. [ellipses in passage] She sees me clearly upset, learns it\u2019s over a physical encounter with my boyfriend, and in light of such a reaction she\u2019s fearful of the possibility I\u2019ve been physically assaulted \u2026 [ellipses in passage] only to find out her young athlete (ME) was a baby Christian wrestling with her own personal conviction and disappointment that she had crossed a self-imposed boundary line . . . . All this to say, she knew me well. So when came to her asking if could file a general complaint, yes\u2026 [ellipses in passage] she treated the situation with both seriousness and sober-mindedness. Lianna tried to walk me through the process the best was she knew how. She asked me all sorts of questions (\u201cDid Dr. Nassar do something you thought was criminally wrong?\u201d \u201cDid he hurt you remember trying to answer the questions as truthfully as possible, but was so scared of revealing shameful details that didn\u2019t give her much to go on 04.16.2018 0016342.) Reporter 6 further stated that Hadden provided her with an understanding of the reporting process and that it would entail an investigation into the accusations. Reporter 6 decided not to file a complaint. On October 27, 2017, Reporter 7 reported that in or around 2002, she told her teammate something to the effect of she was about to get \u201cfingered\u201d by Nassar. According to Reporter 7, an 18 athletic trainer, Robles, overheard the conversation and \u201cpulled her aside away from the others [sic] rowers and seemed concerned 04.16.2018 0016417.) Reporter 7 told that Robles asked her whether or not she was serious and she stated \u201cno and that everything was fine.\u201d (Id.) On January 8, 2018, Reporter 8 reported that she cried in front of her mother after an appointment with Nassar. Her mother was surprised by her distress. Reporter 8 stated that her mother asked Lemmon that she be seen by a female doctor moving forward because Reporter 8 was \u201cuncomfortable\u201d with Nassar. Lemmen, then-another doctor at the Sports Medicine Clinic, stated \u201cwe get a lot of that.\u201d Lemmen did not ask any additional questions and did not seem suspicious of Reporter 8\u2019s mother\u2019s statement 04.16.2018 0016497.) On January 27, 2018, Reporter reported that her teammate had informed sports psychologists Rosen and Liszewski that Nassar vaginally penetrated them. Reporter does not report that her teammate informed her of this information contemporaneously. This report is generally consistent with the reports of her teammates, Reporter and Reporter 04.16.2018 0016323.) On January 28, 2018 Reporter 10 reported that on a variety of occasions, she asked Nassar what he was doing during treatment. Reporter 10 stated that her trainer, Teachnor-Hauk, was always in the room when she was treated by Nassar and every time she asked Nassar what he was doing, Teachnor-Hauk would state \u201cit\u2019s fine\u2026he\u2019s just doing\u2026.\u201d (ellipses in original and quotation 03.09.2018 0004482.) On February 21, 2018, Reporter 3 reported that an athletic trainer, Lindley, would have heard her and her teammates \u201cjoking about Nassar\u2019s treatments and calling him \u2018Happy Fingers 03.09.2018 0004721.) Reporter 3 also remembered she would see another physician, Gilmore, for manipulations and did not report any misconduct by Gilmore. However, Reporter 3 stated that she and her fellow teammates would also call Gilmore \u201cHappy Fingers\u201d and \u201cHappy Gillmore\u201d [sic]. (Id.) On September 6, 2018, Reporter reported to that starting in 1998, when she was a minor, Nassar molested her and that she later informed an psychologist, Stollak, about her concerns as a sixth grader 04.16.2018 0015189-95.) Reporter also testified under oath regarding this report during a preliminary examination in Nassar\u2019s criminal proceedings. iv. Civil Litigation remains a defendant in pending litigation in both state and federal court has reviewed allegations in civil complaints against Nassar and/or for any assertions that a current or former employee received notice of a concern or complaint of sexual discrimination by Nassar. The assertions in the lawsuits largely mirror reports gleaned from and files and, therefore, are not duplicated here. (See e.g., Nagle v. Michigan State University, Court of Claims Case No. 18-156-MZ, member case No. 18-163 allegations as they appear in the complaint regarding Klages, Bert, Hadden, Teachnor-Hauk, Stollak, Kovan, 19 Cass, Lemmen, Moore, DeStefano, Gilmore, Strampel, and Dietzel; see also Denhollander, et al v. Michigan State University, et al, W.D. Mich. Case No. 1:17-cv-00029.) On December 21, 2016, Reporter 5 filed a now-dismissed complaint against Nassar and in Los Angeles Superior Court. (Thomas Lopez v. Dr. Larry Nassar and Michigan State University, Docket No. BC644417.) In her complaint, Reporter 5 alleged that in 1999 or 2000 she complained to three athletic trainers after being treated by Nassar, without any detail as to what she reported to the trainers. The trainers were later identified as Shah Trivedi, Hadden, and Teachnor-Hauk. Further, Reporter 5\u2019s complaint alleges that Teachnor-Hauk told Reporter 5 that what happened to her was not sexual abuse, Nassar was a world-renowned doctor, and that Reporter 5 was to continue to treat with Nassar. In February 2018, Reporter 4 reported that in 1999, while a student-athlete at MSU, she complained to athletic trainers and her track coach, Bert, that Nassar touched her in her vaginal area when she sought treatment for an injured hamstring. (See Denhollander, et al v. Michigan State University, et al, W.D. Mich. Case No. 1:17-cv-00029.) She did not provide names of the athletic trainers. Reporter 13, a former associate professor at MSU, claimed that in 2015, she reported to staff at MSU\u2019s Sports Medicine Clinic that Nassar acted inappropriately during a medical examination. Reporter 13 was interviewed by and OIE, but Reporter 13 did not report that she informed a staff member of her concerns to any University department. Reporter 13\u2019s allegations were set forth in the Larissa Boyce et al v Michigan State University et al, matter before the United States District Court, Western District of Michigan, Lead Case No. 1:17-cv-00029. Reporter 13 has not identified any employees who had notice of sex discrimination by Nassar. v. Victim Impact Statements During Nassar\u2019s criminal sentencing hearing in Ingham County, 204 individuals provided impact statements. Of these statements, three individuals stated that a current or former employee may have been on notice of sex discrimination by Nassar. On January 16, 2018, as set forth above, Reporter 6 stated she went to her trainer, Hadden, to ask how to file a general complaint about a doctor\u2019s visit being uncomfortable. Reporter 6 stated that Hadden treated the complaint with seriousness and asked her about the procedure in detail. In the end, Hadden told Reporter 6 that if she did file a complaint, it would involve an investigation. Reporter 6 decided not to report it. Reporter 6 did not state she provided Hadden with any detail about what made the visit uncomfortable. On January 17, 2018, Reporter 11 stated that she reported a concern to Kovan and interviewed with Moore during I3\u2019s investigation. On January 19, 2018, Reporter 2 stated that she and a teammate reported their concerns to Klages in 1997. 20 vi. Criminal Trial Transcripts reviewed the preliminary examination and trial transcripts of the criminal trial of Klages, People v Klages, No. 18-825-FH, and Strampel, People v Strampel, No. 18-479-FH-C30.23 At the Klages preliminary examination hearing and trial, Reporter 2 and Reporter testified that in 1997, they met with Klages and told her that Nassar had abused them Tr., pp. 20-24; 58-61.) Klages reported to police that she could not remember such a meeting. On February 14, 2020, Klages was convicted by a jury of one felony and one misdemeanor for lying to the police. vii. Michigan Department of Licensing and Regulatory Affairs (\u201cLARA\u201d) Hearings has opened seven investigations into current and former employees regarding alleged notice of a complaint or concern regarding Nassar. These investigations focused on the license of a health professional to determine whether or not the licensee violated the Public Health Code. The current or former employees investigated include: \u2022 Kovan (case closed July 10, 2018, no finding); \u2022 Lemmen (case closed November 27, 2018, no finding); \u2022 Dietzel (case closed July 27, 2018, no finding); \u2022 Stollak (license surrendered); \u2022 Strampel (license surrendered); \u2022 Hadden and Teachnor-Hauk (consolidated hearing held on January 21, 22, and 23, 2020; final determination pending.) During the Hadden and Teachnor-Hauk hearing, Reporter 6 testified that she expressed discomfort about her examination with Nassar to Hadden. Reporter 6 stated that: she did not provide specifics and her only recollection is that Hadden was comforting Transcript, January 21, 2020, p. 36); she told Hadden she was uncomfortable and simply was requesting guidance about how to file a report of her discomfort, (Id. p. 37); she was scared and did not provide any specific details to Hadden about her discomfort, (Id. p. 39); Hadden told her that if she feels something criminally wrong occurred she needed to say something to her, and Reporter 6 did not provide Hadden with additional detail, (Id. p. 42-43.); and she never told Hadden that Nassar penetrated her during treatment, (Id. pp. 88). Reporter 6 further stated feel like if had the same clarity then about what happened as do now and really opened up to her, she would have waged war on Nassar on my behalf.\u201d (Id. pp. 88; 98.) Reporter 5 also testified at the hearing, stating can\u2019t tell my story about Nassar without you two, you were there for me. You saved me from having to go and see the doctor when didn\u2019t want to. . . . It\u2019s hard for me to sit here and say these things because feel like I\u2019m making you out to be a super bad person, but you were there for me Transcript, January 23, 2020 pp. 23 The Strampel criminal trial does not provide any additional allegation that a current or former employee was on notice of a complaint or concern of sex discrimination by Nassar. The trial did include testimony concerning the 2014 Investigation, which is consistent with other materials reviewed by MSU. 21 14-15.) Further, Reporter 5 testified that Hadden and Teachnor-Hauk together explained treatments that may be beneficial for her injuries, showed her treatments on a model, and provided her with literature. (Id. p. 18.) Reporter 5 also testified that she showed Nassar\u2019s technique to Hadden, but Reporter 5 did not penetrate herself when she provided Hadden with her understanding of the treatment. (Id. p. 28.) She stated that she perceived that Hadden turned red and started to cry and then told Reporter 5 to talk to Teachnor-Hauk. Reporter 5 testified that when she spoke to Teachnor-Hauk about her concerns, Reporter 5 did not state that Nassar vaginally penetrated her when they were discussing the procedure, but Reporter 5 was apparently under the impression that Teachnor-Hauk was aware. (Id. p. 68.) Reporter 5 also stated that Teachnor-Hauk provided her guidance on filing a complaint and that at the time reporter 5 did not feel intimidated but that Teachnor-Hauk stated filing a complaint would place a huge burden on Reporter 5\u2019s family. (Id. p. 74.) Hadden testified on January 22, 2020 and denied the allegations of Reporter 6 and Reporter 5. Further, Hadden stated that if she had cried with an athlete, she would have remembered it happening Transcript, January 22, 2020, pp. 211; 228.) Hadden\u2019s statements were consistent with her recorded statement and other interviews. Further, Teachnor-Hauk testified on January 23, 2020, and she denied Reporter 5\u2019s allegations and stated that she did not have any memory of meeting with Reporter 5 and Hadden at any time Transcript, January 23, 2020, p. 121.) Further, Teachnor-Hauk testified that if a patient stated \u201cthey were vaginally penetrated [it] would have been a huge red flag because was not aware of any procedure that we did, at all, anybody, and when say we, not me, the physicians was not aware of that. That would have been a huge red flag.\u201d (Id.) viii. Other Approximately eleven individuals have reported that Nassar sexually assaulted them and that (a) medical students were in the examination room and dismissed when Nassar started to provide treatment, (b) medical students or doctors were nearby or entered/exited the room during an examination, or (c) a student may have been in the examination room but unable to see the treatment. None of these reports name anyone specifically; nor do the reports provide that the person \u2013 even an anonymous person \u2013 was provided notice of a complaint or concern of sex discrimination concerning Nassar\u2019s treatment Employee Review I. Current and Former Employees Reported to Receive a Complaint or Concern of Sex Discrimination by Nassar i. Kelli Bert Bert is a former assistant track coach, a position she held for one year former track athlete, Reporter 4, alleged in a February 2018 civil lawsuit that in 1999, she 22 complained to Bert about Nassar\u2019s conduct during an appointment. 24 According to Reporter 4, Bert responded that Nassar was an \u201cOlympic doctor and he should know what he is doing.\u201d Reporter 4 did not provide a statement to 09.07.20180019251.) Further, Reporter 4 did not communicate with MSUPD. Bert stated that she does not remember Reporter 4 complaining about Nassar and that Bert did not know, at the time, that Nassar was an Olympic doctor. Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence preponderance of the evidence does not support that Bert had notice or received a complaint of sex discrimination by Nassar. ii. Lianna Hadden Hadden is currently an athletic trainer, a position she has held for twenty years. Whether Hadden was on notice of misconduct by Nassar is the subject of pending litigation and a investigation. As set forth above, Reporter 6, a former University volleyball player, stated that, in or around 2002, she reported to Hadden that Nassar made her uncomfortable during a medical appointment Findings, p. 7.) On February 13, 2017, Reporter 6 provided with a written statement and expressly stated that she did not give Hadden very many details, as she was embarrassed about her treatment experience with Nassar. Reporter 6 further stated that Hadden handled the conversation the best way she knew how, asked questions such as \u201cDid Dr. Nassar do something you thought was criminally wrong?\u201d and \u201cDid he hurt you?\u201d Reporter 6 did not provide responses to these questions. Further, Reporter 6 stated that Hadden provided her with guidance as to how to file a report, if she felt so compelled 04.16.2018 0016341.) Reporter 6 also testified in the hearing involving Hadden and stated feel like if had the same clarity then about what happened as do now and really opened up to her, she would have waged war on Nassar on my behalf Transcript, January 21, 2020, p. 98.) Based upon this testimony, Reporter 6 acknowledges that Hadden did not have notice of a complaint or concern of sex discrimination by Nassar. 24 The Findings provides that Reporter 4 informed the \u201chead coach;\u201d however, Reporter 4 stated that she informed Bert. For the avoidance of doubt, the head coach of Women\u2019s Track, Walter Drenth, was also interviewed and stated that he was not aware of any complaint or concern of sex discrimination by Nassar. Drenth stated that he had never heard anything negative, or any jokes or sarcasm, regarding Nassar before claims regarding Nassar became public in 2016. 23 Further, in her December 2016 civil lawsuit against Nassar and MSU, Reporter 5 alleged that in 1999 or 2000, she informed Hadden about her concerns regarding Nassar\u2019s treatment. Her civil lawsuit does not provide any detail as to what Reporter 5 specifically stated to Hadden. At the Hearing, however, Reporter 5 testified that she showed Hadden the technique Nassar utilized but Reporter 5 did not indicate penetration when she demonstrated the technique. Reporter 5 additionally reported that Hadden suggested that Reporter 5 speak with Teachnor-Hauk about any concern also interviewed Hadden on May 1, 2018, during which Hadden stated that she could not recall ever receiving a complaint regarding Nassar\u2019s treatment and further denied ever receiving a report or concern of his treatment being sexual in nature. During her interview, however, Hadden was not specifically questioned about Reporter 6 or Reporter 5. Further, Hadden stated that a student-athlete never stated that they would prefer to see someone other than Nassar, she was not aware of a student-athlete telling another trainer that he or she did not want to treat with Nassar, she never heard student-athletes talking negatively about Nassar\u2019s treatment methods, and she never heard student-athletes state they were uncomfortable with Nassar. Hadden stated she was not aware of any allegation of sexual misconduct by Nassar until 2016, when she was informed of his arrest. In her pre-hearing sworn testimony in connection with the proceedings, Hadden made consistent statements in that regard. She stated that \u201cNobody ever complained to me about him,\u201d and that Reporter 5 never came to her about anything related to Nassar. Hadden also explained that she would have remembered if she was informed of a concern and would have remembered if she cried. (August 14, 2018 pre-hearing testimony, p. 15.) Further, Hadden stated she never told Reporter 5 to report her concerns to Teachnor-Hauk, (id. p. 16), never observed Nassar work on the pelvic floor utilizing an intervaginal manipulation method, (id. p. 23), and never received a report of concern of sex discrimination from Reporter 6 (id. p. 29). Hadden also provided a then-recent text message from Reporter 6 to a former teammate that explicitly provides that Reporter 6 loved Hadden and that Reporter 6 wished she had been as clear then about her concerns as she is now. (Id. p. 29.) Hadden also stated further that she would have never told a student-athlete that if they believed something criminal occurred they should make a report; instead, Hadden testified that she would have followed up with additional questions if she believed something criminal may have occurred. (Id.) Hadden testified that if a student-athlete stated they were uncomfortable, she would have asked what happened during the evaluation to try to find out what occurred and \u201cif an athlete didn\u2019t tell me, they didn\u2019t tell me.\u201d (Id.) With respect to Reporter 5, the Judicial Panel of the National Athletic Trainers\u2019 Association (\u201cNATA\u201d) Committee on Professional Ethics opened an investigation regarding Hadden. On January 17, 2019, the Judicial Panel of advised that it completed its investigation and review, and the Judicial Panel concluded that the complaint against Hadden based upon Reporter 5\u2019s report was found to have no ethics violations due to inconclusive evidence and information. 24 Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence. The preponderance of the evidence supports that Hadden did not have notice of a complaint or concern of sex discrimination by Nassar. Reporter 6\u2019s written statement provided that she \u201cdid not give [Hadden] much to go on,\u201d and in her lawsuit Reporter 5 does not provide any detail as to what information she specifically provided to Hadden. Further, Reporter 5 stated that when she demonstrated Nassar\u2019s treatment, she did not explain that Nassar had vaginally penetrated her. To the extent a general concern was brought to Hadden\u2019s attention about a student-athlete being \u201cuncomfortable,\u201d Reporter 6 stated Hadden provided guidance on how to file a complaint, and Reporter 5 was allegedly advised that she should speak with a more senior athletic trainer about the treatment. The preponderance of the evidence supports that Hadden was not on notice of a concern or complaint of sex discrimination by Nassar. iii. Christopher Hannasch Hannasch is a faculty member of MSUCOM. On November 1, 2016, Reporter 12 reported to that in October 2015, she informed Hannasch that Nassar had \u201ctouched areas of [her daughter] that she was not comfortable with.\u201d Hannasch was reported to have replied that in his experience in working with Nassar, Hannasch was aware that Nassar does \u201cneed to get into private areas.\u201d Reporter 12, however, did not report that she communicated with Hannasch about her concerns in any greater detail. In an interview, Hannasch believed Reporter 12 may have been the mother of a former cheerleading patient. Hannasch stated that he referred a few patients to Nassar for treatment, because he was aware that Nassar worked with gymnasts and dancers. Thus, he would have referred the patient he recalled, because she was a cheerleader. Hannasch stated that this patient (or the patient\u2019s mother, on her behalf) later said that she did not feel comfortable with Nassar\u2019s treatment. The patient\u2019s discomfort was not discussed in any greater detail. Hannasch denied ever stating he was aware Nassar does \u201cneed to get into private areas.\u201d Further, he stated that if he ever thought that a treatment by a referred physician was going to be in a private area, he would have advised the patient in advance. Hannasch also stated that prior to 2016, he did not know and could not speak to the nature of Nassar\u2019s treatment techniques. Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence preponderance of the evidence supports that Hannasch was not on notice of a complaint or concern of sex discrimination by Nassar. Considering the medical procedures associated with manipulative 25 osteopathic medicine, specifically for a patient\u2019s hips or other injuries, a statement that the exam was not comfortable, standing alone, does not give rise to a concern of sex discrimination. iv. David Jager Jager is a former athletic trainer. Jager\u2019s then-girlfriend, Reporter Q, reported on February 8, 2017, that she told Jager in June 2015 that Nassar groped her breasts during a medical examination and that Jager responded by stating that Nassar\u2019s treatment was medically proper 05.01.2018 19-01468.) Further, the Michigan Attorney General\u2019s investigation update provided: \u201cAccording to [Reporter Q], Jager responded with indifference, saying Nassar was \u2018the best in the world.\u2019 According to Jager, he recalled [Reporter Q\u2019s] complaint and told her to make a report if she felt uncomfortable Update, p. 9.) In connection with this review, Jager provided a written statement, through his attorney, in which he denied that Reporter reported either a sexual assault or sex discrimination to him. Rather, Jager described Reporter Q\u2019s statement to him \u2013 which Jager designated as a comment at home, afterhours in the context of their ongoing romantic relationship and, thus, not as an employee \u2013 as a \u201cvague description of having her breast tissue briefly touched during a treatment for her back and neck.\u201d According to his written statement, Jager was not present for Reporter Q\u2019s treatment, and he encouraged Reporter (also an employee) \u201cto make a report if she was uncomfortable with what had occurred.\u201d In his statement, Jager states that Reporter decided not to make a report. Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence. The preponderance of the evidence supports that Jager may have been on notice of a concern or complaint of sex discrimination by Nassar. Pursuant to Section of the Resolution Agreement, because Jager may have received notice of a concern of sex discrimination, \u201cthe University will review whether that person failed to adequately respond in accordance with then-applicable law and University policies.\u201d With respect to policies, as of January 1, 2015, the Policy required all employees to report any knowledge of relationship violence or sexual misconduct allegedly perpetrated by a member of the community or occurring at an event or on property. The term \u201csexual misconduct\u201d included sexual harassment. Under the then-applicable policy, however, employees were \u201conly required to report relationship violence or sexual misconduct of which they become aware in their capacity as a University employee, not in their personal capacity preponderance of the evidence, including Reporter Q\u2019s description of her relationship with Jager and the evidence regarding the context in which she discussed Nassar\u2019s treatment of her with Jager, supports that Jager did not violate then-applicable policy v. Kathie Klages Klages is the former head coach of the University\u2019s women\u2019s gymnastics team, a position she held from 1990 to 2017. Reporter 2, a former youth gymnast and participant in the Spartan 26 Youth Gymnastics program, told on February 8, 2017 that in 1997, she told Klages that Nassar had touched her inappropriately. (Report, pp. 7; 9.) Reporter 2 stated that when she told Klages that Nassar had touched her inappropriately, Klages responded by stating that she could not imagine Nassar doing anything inappropriate. Reporter 2 also alleged that Klages investigated the matter by calling other athletes into her office and that one teammate reported a similar concern interviewed Reporter 2 and her teammate, Reporter M, and found that their statements in the interviews were consistent Findings, p. 9.) When Klages was asked by police about the alleged reports, Klages responded have beat myself up trying to remember but have no idea,\u201d and further stated that she had no additional information regarding the reported incident. (Id. p. 9.) On February 14, 2020, and in the face of Reporter 2\u2019s and Klages\u2019s differing statements to law enforcement, Klages was convicted by a jury of one felony and one misdemeanor of lying to the police. Klages was sentenced on August 4, 2020 to 90 days in jail and 18 months probation; her attorney has represented that Klages intends to appeal the conviction. Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence. Accepting Klages\u2019s above conviction for purposes of this review, a preponderance of the evidence supports that Klages was on notice of a concern or complaint of sex discrimination by Nassar.25 Accordingly, pursuant to Section of the Resolution Agreement, because Klages received notice of concerns of sex discrimination by Nassar, as the criminal conviction provides, \u201cthe University will review whether that person failed to adequately respond in accordance with then-applicable law and University policies.\u201d With respect to then-applicable law, Klages was not a mandatory reporter as defined by the Child Protection Law. With respect to then-applicable policies, in 1997, the Sexual Harassment Policy did not require mandatory reporting of allegations of sex discrimination or harassment. In addition, Klages did not receive the reports in her role as MSU\u2019s gymnastics coach (the youth program was not MSU-sponsored or related to Klages\u2019s employment). This does not mean that would not have responded or imposed discipline if it discovered in 1997 the circumstances underlying Klages\u2019s criminal conviction, which is accepted for purposes of this review. However, given the lack of reporting requirements in then-applicable policies and that the report occurred outside the context of employment, the preponderance of the evidence does not support that Klages failed to follow then-applicable reporting obligations. vi. Jeffrey Kovan Kovan is an Associate Professor and was formerly the Clinical Director of Sports Medicine. In this role, Kovan oversaw day-to-day clinical functions, supervised sports medicine 25 Should Klages\u2019s conviction be overturned on appeal, however, this determination may be reconsidered. 27 physicians, and conducted annual evaluations for physicians. Kovan reported to the Dean of and the Chief Executive Officer of HealthTeam. On April 21, 2014, Reporter 11 reported concerns about Nassar\u2019s behavior to Kovan, and Kovan promptly reported these concerns to I3. Further, I3 investigated the matter, including by communicating with Kovan. On December 20, 2019, Kovan was deposed in connection with Kristin Nagle et al v. Michigan State University et al., matter, Lead Case No. 18-000156-MZ, in the Michigan Court of Claims. In his deposition, Kovan testified that he spoke with Reporter 11, she stated that she felt uncomfortable, and therefore they \u201ctalked around some of what was performed, but more so what insisted with her is that was not there to judge it or in any way question what happened.\u201d (Kovan Dep. T. 56.) Kovan also stated in his deposition that he understood his role as a mandatory reporter to mean that \u201cif some patient and/or other individual brings a complaint forward relative to a \u2013 either an assault, harassment, or otherwise, that it is my obligation to report that to our Office of Institutional Equity and the police.\u201d (Id. 160-161.) Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence. The preponderance of the evidence indicates that Kovan had notice of Reporter 11\u2019s complaint or concern of potential sexual discrimination committed by Nassar. Accordingly, pursuant to Section of the Resolution Agreement, because Kovan received notice of a concern of potential sex discrimination, \u201cthe University will review whether that person failed to adequately respond in accordance with then- applicable law and University policies.\u201d With respect to then-applicable law, the preponderance of the evidence supports that Kovan did not receive a report of assault or other crime. Specifically, Kovan\u2019s testimony reflects that he understood his reporting obligations, including when he needed to report to MSUPD. Kovan promptly reported Reporter 11\u2019s concern of a potential violation of the Sexual Harassment Policy to I3; however, Kovan did not believe he received a report of assault or a crime, as is evidenced by his explanation of the complaint to Moore. Similarly, Moore did not report the complaint to until after she spoke with Reporter 11 and received additional detail not provided to Kovan. Upon receiving additional detail that informed Moore that Reporter 11 was indeed reporting a potential assault, she immediately informed MSUPD. Further, with respect to policies, under the then-applicable policies in April 2014, Kovan was expected to promptly report all allegations of sexual harassment to I3. Kovan followed this protocol. Accordingly, a preponderance of the evidence supports that Kovan followed all applicable law and then-applicable policies. vii. Brooke Lemmen Lemmen is a former doctor who resigned in January 2017. In January 2018, Reporter 8, a former patient of Nassar and minor at the time, reported to that in or around 2013, 28 Nassar made Reporter 8 uncomfortable and, thus, she did not want to see Nassar again. Reporter 8 alleged that her mother subsequently told Lemmen that Reporter 8 was uncomfortable and that Lemmen said \u201cwe get that a lot\u201d and did not ask any follow up questions Findings, p. 8.) Lemmen was also interviewed as a peer medical professional in the 2014 Investigation and provided that Nassar was not acting in a sexual manner, based on Lemmen\u2019s many years of observing Nassar\u2019s treatment styles and techniques. Lemmen stated she had always observed Nassar explain everything to the patients before exams Findings, p. 12.) In a December 12, 2017 letter from Strampel to Lemmen, Strampel provided learned that Dr. Nassar informed you in July 2015 that he was under investigation by Gymnastics for athletes\u2019 concerns regarding his \u201ctherapy techniques\u201d and feeling \u201cuncomfortable with certain areas of their bodies that are being treated.\u201d It is my understanding that you told no one at of this investigation at that time. This is troubling, especially given your detailed knowledge of the allegations investigated by Police and the Office of Inclusion and Intercultural Initiatives in 2014. Had the University known of additional allegations, it could have taken steps to review Dr. Nassar\u2019s volunteer and clinical activities in 2015 launched an investigation into Lemmen, but dismissed the administrative complaint without finding on or about November 27, 2018. Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence. The preponderance of the evidence supports that Lemmen was not on notice of sex discrimination by Nassar related to Reporter 8. Reporter 8\u2019s mother\u2019s comment (that her daughter was \u201cuncomfortable,\u201d) standing alone, is not evidence of potential sex discrimination given the context in which it was stated \u2013 a medical examination that included examination of a patient\u2019s hip alignment. Considering the general nature of the osteopathic medical care Nassar would provide patients, the term \u201cuncomfortable\u201d could reasonably relate to the care itself. As to Lemmen\u2019s statements as a part of the 2014 Investigation, Lemmen provided her statements after MSU\u2019s I3 launched a formal investigation into potential sex discrimination by Nassar. Lemmen followed all applicable obligations and policies in this process. Regarding Lemmen\u2019s knowledge of an investigation in 2015, Lemmen has maintained that she was informed by Nassar, in her personal capacity as a friend, that was conducting a \u201creview\u201d of his techniques, and she was not aware of an investigation into, or any specific allegations regarding, sexual misconduct. Nonetheless, Strampel\u2019s December 2017 letter 29 to Lemmen makes clear that would have expected Lemmen to report to MSU, especially given Lemmen\u2019s knowledge of the 2014 Investigation, and that would consider pursuing employment action against Lemmen for lack of judgment and failing to apprise MSU. Nonetheless, Section of the Resolution Agreement provides that if a current or former employee received notice of concerns of potential sex discrimination, \u201cthe University will review whether that person failed to adequately respond in accordance with then-applicable law and University policies.\u201d Even assuming for the sake of argument that Lemmen had notice of alleged sex discrimination, MSU\u2019s January 2015 Policy applicable at the time provides that Lemmen being informed by Nassar of USAG\u2019s action did not require reporting relating to matters in an employee\u2019s personal capacity, unrelated to an program or activity. Therefore, considering all the available evidence, a preponderance of the evidence does not support that Lemmen failed to adequately respond in accordance with then-applicable law and policies. viii. Tory Lindley Lindley is a former athletic trainer. Reporter 3, a former student-athlete at MSU, reported on February 21, 2018 that in 1998 or 1999, Lindley was present for one or more conversations where Reporter 3 and her teammates referred to Nassar as \u201chappy fingers\u201d in 1998- 1999 and talked about his \u201ccrotch massages.\u201d Lindley left in 2000 Findings, p. 7.) On February 21, 2018 interviewed Reporter 3 03.09.2018 0004719-22.) The police report reflects that Reporter 3 stated that Lindley would have heard her and her teammates joking about treatments and calling Nassar \u201cHappy Fingers.\u201d Reporter 3 also stated that she had called another physician \u201cHappy Fingers,\u201d but Reporter 3 did not allege that this physician was inappropriate in any manner. (Id.) Lindley was never interviewed by OCR. Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence. The preponderance of the evidence indicates that Lindley did not have notice of a complaint or concern of sex discrimination committed by Nassar. Reporter 3 did not state she was certain that Lindley overheard her and her teammates joking about Nassar, and Reporter 3 does not allege she ever reported a complaint or concern about Nassar to Lindley. Reporter 3\u2019s statement that Lindley may have overheard student-athletes joking about Nassar\u2019s treatments and calling him \u201cHappy Fingers\u201d does not support, by a preponderance of the evidence, that Lindley received notice of a complaint or concern of sex discrimination by Nassar. ix. Christine Liszewski Liszewski is a former psychiatry resident. On April 3, 2017, Reporter stated to that she told Liszewski during a counseling session that Nassar penetrated her during treatment. Reporter J\u2019s former teammate, Reporter K, also told that Reporter told her 30 Reporter informed Liszewski that Nassar treated her utilizing vaginal penetration. Reporter stated that the penetration reminded her of an assault 04.16.2018 0016320-34.) In an interview with MSU, Liszewski confirmed that she had treated Reporter J, but Liszewski provided that Reporter never stated that Nassar utilized a vaginal penetration technique. Moreover, Liszewski was a psychiatry resident when she would have worked with Reporter J. Given she was just starting out in her career, Liszewski stated that she believed a statement about vaginal penetration would have been memorable to her, she would have recorded such a comment in her notes, and she would have went to her supervisors with such an issue. Liszewski further stated that to her recollection, Reporter did not mention Nassar at all. Liszewski was not aware that Nassar treated athletes that were not gymnasts. Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence. The preponderance of the available evidence supports that Liszewski was not on notice of a concern of sex discrimination by Nassar based on Reporter J\u2019s report alone. Importantly, Reporter does not state that she informed Liszewski that she was concerned that Nassar\u2019s conduct in the context of a medical examination was sexual in nature. Rather, Reporter stated that she informed Liszewski that the examination reminded her of an assault because Nassar was near Reporter J\u2019s vaginal area. Further, Liszewski stated she never received such a report. x. Thomas Mackowiak Mackowiak, an trainer since 1987, is currently the undergraduate Athletic Training Program\u2019s Clinical Education Coordinator in clinical athletic training student education, placement, and evaluation. He is also the full-time staff athletic trainer directly assigned to MSU\u2019s women\u2019s golf program. Reporter 9, a former student-athlete on the MSU\u2019s golf team, alleged that during the 2013-2014 academic year, she told Mackowiak that Nassar had made her uncomfortable during an appointment and that she did not want to see him again Findings, p. 8 02.05.2018 8-01509.) Reporter 9 further stated in her interview that she did not provide Mackowiak with any further details interviewed Mackowiak on April 30, 2018. During the interview, Mackowiak confirmed that Reporter 9 told him that she did not want to treat with Nassar again. Mackowiak stated that Reporter 9 did not provide any additional comment as to why she did not want to see him again. Mackowiak further stated that he had no reason to believe there was a concern, as many student-athletes simply preferred to treat with Mackowiak, as their day-to-day athletic trainer. Mackowiak also stated he had never received any other reports of concern regarding Nassar and never noticed anything unusual about Nassar or his treatment. Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received 31 notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence. The preponderance of the evidence supports that Mackowiak was not on notice of a complaint or concern of sex discrimination by Nassar. Reporter 9\u2019s report that her appointment was \u201cuncomfortable,\u201d standing alone, is not evidence of potential sex discrimination given the context in which it was stated \u2013 a medical examination for lower back pain. Considering the nature of the medical care associated with treatment for lower back pain, the term \u201cuncomfortable\u201d could reasonably relate to the care itself. Further, both Reporter 9 and Mackowiak agree that Reporter 9 did not provide any additional explanation as to why she did not want to treat with Nassar. xi. Zach Mouaikel Zach Mouaikel received his undergraduate degrees from in 2016 and 2017 in athletic training and kinesiology, respectively. During the 2016-2017 school year, he served as an intern athletic trainer. On January 30, 2018, Reporter 14 reported to that during the 2015-2016 school year, Mouaikel was present at one of her appointments with Nassar where Nassar \u201chad his hands all over [her] butt\u201d and \u201cin her inner thighs Findings, p. 8.) Reporter 14 stated that Mouaikel would not have been in a position in the treatment room to see what Nassar was doing. Reporter 14 also reported that she walked out of the appointment and told Mouaikel \u201cthat was weird 03.09.2018 0004787.) Reporter 14 did not indicate whether Mouaikel responded to her statement. Reporter 14 declined a formal investigation. In an interview, Mouaikel confirmed that he was familiar with Reporter 14 and had observed her receive treatment by Nassar. Mouaikel stated that Reporter 14 was treated for a hip injury and that Nassar utilized osteopathic manipulative medicine on her hip. Mouaikel witnessed the treatment, as he was just starting his career and would have wanted to observe and learn from other practitioners. Mouaikel stated that there was nothing he found inappropriate about the treatment session. Mouaikel also stated that he did not recall Reporter 14 stating that the treatment was weird and further stated that he and Reporter 14 did not discuss the treatment at all. Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence. The preponderance of the evidence does not indicate that Mouaikel had notice of a concern or complaint of sex discrimination by Nassar. Reporter 14 does not allege that Mouaikel would have been able to see Nassar\u2019s treatment and further, it is undisputed that all she stated was \u201cthat was weird.\u201d Mouaikel stated that he did observe the treatment, but he did not observe anything sexual in nature and found the treatment to be appropriate for a hip issue. Further, Mouaikel stated that Reporter 14 did not discuss the treatment with him afterward in any manner. 32 xii. Nancy Naradzay Naradzay is a former post-graduate intern in Athletic Training at MSU. On February 22, 2017, Reporter reported to that Naradzay would not let Reporter receive treatment by Nassar without a trainer in the examination room 02.05.2018 8-02488.) Further, on February 22, 2017, Reporter reported to that in 2010, she was aware that Naradzay knew that Nassar utilized penetration techniques 04.16.2018 0016136.) Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence. Standing alone, the preponderance of available evidence supports that Naradzay did not have notice of a complaint or concern of sex discrimination by Nassar in his medical treatment. Naradzay\u2019s determination to accompany her student-athletes to their treatment session or knowledge of medical techniques does not rise to receiving a concern that these medical treatments were sexual in nature or potential sex discrimination. xiii. Anthony Robles Robles is a former athletic trainer. On October 27, 2017, Reporter 7, a former student- athlete on MSU\u2019s crew team, alleged that in 2002, she told her teammate that Nassar had sexually assaulted her during an appointment Findings, p. 7.) Reporter 7 told that Robles overheard this comment; specifically, her statement that she was going to get fingered by Nassar. According to Reporter 7, Robles immediately pulled Reporter 7 aside to ask if she was serious. Reporter 7 responded to Robles\u2019s concern, stating that she was not serious. Reporter 7 confirmed to that she informed Robles she was not serious and that there was nothing to worry about interviewed both individuals and their reports were consistent 04.16.2018 0016417.) Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence preponderance of the evidence supports that Robles did not have notice of a complaint or concern of sex discrimination by Nassar. xiv. Lionel Rosen Rosen is a professor in the Department of Psychiatry and worked with student- athletes. On February 22, 2017, Reporter reported to that, in 2010, she told Rosen that 33 Nassar vaginally penetrated her during a medical examination and that Rosen did not say such a procedure was wrong 04.16.2018 0016137 interviewed Rosen on May 2, 2018. Rosen denied ever hearing a report of impropriety by Nassar until after 2016, and Rosen denied ever having a student-athlete explain an intervaginal manipulation to him during a counseling session. Rosen stated that when news on Nassar broke, he looked up the procedure because his medical training did not include manual medicine. He was surprised to hear of the procedure. Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence. The preponderance of the available evidence supports that Rosen was not on notice of a complaint or concern of sex discrimination by Nassar. Reporter does not report that she stated she was concerned that the procedure appeared sexual in nature, and Rosen denied ever receiving a report from a patient that Nassar had vaginally penetrated them during an examination. Without additional detail from Reporter I, it does not appear that Rosen would have been on notice of a complaint or concern that the procedure was sexual in nature or potential sex discrimination. Further, as a sports psychiatrist, Rosen would have been a confidential resource, even if Reporter was concerned that the behavior was sexual in nature. As a confidential resource he would have been prohibited from breaking confidentiality without consent, unless the conduct involved suspected abuse of a minor. Reporter was not a minor at the time that she states she reported to Rosen. xv. Gary Stollak Stollak is a former professor in the Department of Psychology who retired from in 2010. Stollak also had a private psychology practice neither associated with nor part of his assigned duties on behalf of MSU. Reporter reported to police that in 1998, she saw Stollak at his private practice. Again, Stollak\u2019s counseling sessions were not affiliated with MSU. During the session, Reporter reported that she told Stollak in 2004 that Nassar, who was a family friend and neighbor, had sexually abused her as a minor at both her and Nassar\u2019s homes starting in 1998. Reporter also reported that her parents discussed this matter with Stollak in 2004. Under oath at Nassar\u2019s preliminary examination, Reporter testified regarding this report to Stollak. On September 24, 2016, Stollak reported to that he had destroyed all medical records in 2012 after his retirement. Further, Stollak stated that he had suffered a stroke and, therefore, had significant memory loss filed an administrative complaint against Stollak for his failure to report suspected abuse of a minor. On July 5, 2018, Stollak resolved the matter by pleading no contest and stipulating to the permanent revocation of his psychology license. Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable 34 evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence. The preponderance of the evidence supports that Stollak, as a private practitioner and outside the scope of his work as an employee, had notice in 2004 of a complaint or concern of sexual abuse by Nassar and failed to notify authorities of a report of suspected child abuse as required under the law. Reporter testified under oath regarding her report; due to his memory loss, Stollak has been unable to refute that testimony and stipulated to the permanent revocation of his license. xvi. Henna Shah Trivedi Shah Trivedi is a former graduate student athletic trainer at and is reported to have been on notice of a complaint or concern about Nassar\u2019s medical practices in 1999 or 2000, when Reporter 5 claims to have complained to her about Nassar. Specifically, Reporter 5 testified that Shah Trivedi was aware that her treatments were \u201cuncomfortable\u201d and was present during her first treatment with Nassar, but Reporter 5 stated that Nassar did not vaginally penetrate her at that appointment Hearing Transcript, January 21, 2020, p. 222.) Further, Reporter 5 stated that \u201cas far as like confiding in someone and really letting them know what was actually going on, that did not take place.\u201d (Id. p. 244.) Notably, during her testimony, Reporter 5 did not name Shah Trivedi when asked \u2013 on two occasions \u2013 to name all employees to whom she reported concerns. (Id. pp. 256; 262.) Shah Trivedi has no recollection of any employee performing the procedure, an intravaginal procedure, or any procedure involving sensitive areas Hearing, Exhibit 4.) Shah Trivedi also does not recall any complaints, rumors, or concerns about Nassar, but Shah Trivedi explained that, as a graduate student, she had little oversight Hearing, Exhibit 4.) Further, while Shah Trivedi recalled Reporter 5, she could not recall any specifics regarding Reporter 5\u2019s medical condition or treatments Hearing, Exhibit 4.) Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence. The preponderance of the evidence supports that Shah Trivedi was not on notice of a complaint or concern of sex discrimination because Reporter 5 herself testified that she never explicitly reported such a concern to Shah Trivedi. xvii. Destiny Teachnor-Hauk Teachnor-Hauk is an athletic trainer. Since 2005, Teachnor-Hauk has been the athletic trainer for gymnastics, rowing, and softball, and she has other administrative duties for MSU. Whether Teachnor-Hauk was on notice of misconduct by Nassar is the subject of pending litigation and an investigation by LARA. 35 In a December 2016 civil lawsuit against Nassar and MSU, Reporter 5 alleged that in 1999 or 2000, she informed Teachnor-Hauk about concerns regarding Nassar\u2019s treatment and that Teachnor-Hauk dismissed her concerns and stated that what Reporter 5 had experienced was not sexual abuse. The civil lawsuit does not provide any detail as to specifically what Reporter 5 reported to Teachnor-Hauk. Teachnor-Hauk is also reported to have been present when Reporter 10, a former member of the University\u2019s crew team, stated she was sexually assaulted by Nassar in or around January of 2014. OCR\u2019s report stated that Reporter 10 reported that she asked Nassar what he was doing during an appointment and Teachnor-Hauk responded for Nassar that everything was fine Findings, p. 8.) In Reporter 10\u2019s statement to MSUPD, Reporter 10 stated that Teachnor-Hauk was present during multiple appointments with Nassar and that Teachnor-Hauk had a clear view of the treatments as they occurred, positioning herself at Reporter 10\u2019s feet 03.09.2018 0004482.) Reporter 10 stated that during a few visits with Nassar, Reporter 10 would ask what he was doing. Reporter 10 stated that Teachnor-Hauk would always answer \u201c...it\u2019s fine...he\u2019s just doing....\u201d in an attempt to explain the procedure, from her vantage point. (Id.) Reporter 10 does not report that she ever raised a complaint or concern about Nassar with Teachnor-Hauk that was sexual in nature or potential sex discrimination. Reporter stated that in 2009-2010, she was treated by Nassar at and stated many trainers, including Teachnor-Hauk, would continually state how great Nassar was 02.05.2018 8-02492.) Reporter did not report any concern or complaint of sexual discrimination by Nassar. Reporter reported to that Teachnor-Hauk was aware that Nassar utilized penetration techniques 04.16.2018 0016136.) I3 interviewed Teachnor-Hauk on June 19, 2014 in connection with the 2014 Investigation Findings, p. 12.) Teachnor-Hauk stated that she had worked directly with Nassar for an average of 4 hours each week for 17 years. Teachnor-Hauk stated that she believed that Nassar had no inappropriate intent and that she \u201creally respected\u201d Nassar and that her opinion was that Nassar was \u201cvery professional\u201d and \u201cextremely smart.\u201d Teachnor-Hauk understood manipulations to be medically appropriate in certain circumstances. (Id. p. 13 interviewed Teachnor-Hauk on March 15, 2017 and September 9, 2017 04.16.2018 0015952-91 04.16.2018 0016133-42.) Teachnor-Hauk reported that the first time she ever heard a concern or complaint of sex discrimination by Nassar was on September 12, 2016, when the athletic department was informed that Nassar had been arrested directly asked Teachnor-Hauk if any student-athlete had ever previously disclosed anything to her regarding Nassar, and she stated that they had not. Teachnor-Hauk was also interviewed by and stated that prior to September 2016, she had never heard rumors, complaints, or comments about Nassar that raised concerns. Teachnor-Hauk also reported that while she was aware of the 2014 Investigation, she was not aware of any protocols or procedures put in place generally, or for Nassar specifically, concerning medical care 04.16.2018 0016138.) 36 During her March 2017 interview with the MSUPD, Teachnor-Hauk stated that she would often write notes as Nassar provided treatment. Teachnor-Hauk stated she was unaware that anyone at utilized intervaginal treatment of any kind, and Teachnor-Hauk reported that she had never had a student-athlete tell her that Nassar performed an intervaginal treatment on them and had never seen him treat a student-athlete using an intervaginal treatment. Further, Teachnor- Hauk stated that when news stories came out, she asked Lemmen if she was aware Nassar utilized intervaginal treatments and Lemmen also stated that she was not aware advised Teachnor-Hauk that women had reported that athletic trainers knew of Nassar\u2019s treatments and joked with the student-athletes about the treatments being very personal. Teachnor-Hauk did not recall this occurring and stated that she assumed they were referring to the adjustment because it involves hand placement near the area of (but not on or in) the vagina. Teachnor-Hauk stated that she has a model of the pelvis in the athletic training office that shows the ligament and helps to inform student-athletes about the treatment, which she herself will also provide when needed. Teachnor-Hauk reported that when student-athletes would talk about Nassar being in their private area, she would use the model to provide an understanding of where the ligament is and no student-athlete ever shared that the treatment Nassar was providing was different than what she was modeling 04.16.2018 0016138.) Teachnor-Hauk informed that she had overhead one gymnast, Reporter N, talking to another athlete and that she said something to the effect of Nassar being in her private area. Teachnor-Hauk stated that the student-athlete was laughing and did not seem uncomfortable. Teachnor-Hauk heard other comments by student-athletes about Nassar that were like Reporter N\u2019s statement and further stated that she had never had a student-athlete report that Nassar made them uncomfortable. Teachnor-Hauk was aware of Nassar seeing one gymnast, Reporter O, at his house. Teachnor-Hauk was informed of this information when Reporter told Teachnor-Hauk that Nassar had seen her for an injury. Teachnor-Hauk stated that it did not \u201craise any red flags\u201d for her, though she acknowledged her own doctor typically does not see her at the doctor\u2019s home and further stated she spoke to Nassar about this matter because she wanted to understand what was going on with her student-athlete. Reporter did not raise any complaints or concerns. Teachnor-Hauk also provided a pre-hearing sworn statement in connection with the proceeding on September 3, 2018, testifying in a manner consistent with her other statements, including that she had never been made aware that Nassar was performing any internal vaginal treatments and never received a complaint concerning Nassar. (September 3, 2018 sworn statement, pp. 18-19.) Further, Teachnor-Hauk testified that she never spoke with Reporter 5 about Nassar and further testified that Reporter 5\u2019s reported allegations were untrue. (Id. p. 24.) Teachnor-Hauk\u2019s testimony at her hearing was consistent to her sworn statement. At the hearing, Teachnor-Hauk stated that if a patient stated \u201cthey were vaginally penetrated [it] would have been a huge red flag because was not aware of any procedure that we did, at all, anybody, and when say we, not me, the physicians was not aware of that. That would have been a huge red flag Transcript, January 23, 2020, p. 121.) 37 With respect to Reporter 5, the Judicial Panel of Committee on Professional Ethics opened an investigation regarding Teachnor-Hauk. On January 17, 2019, the Judicial Panel of advised that it completed its investigation and review, and the Judicial Panel concluded that the complaint against Teachnor-Hauk based upon Reporter 5\u2019s report was found to have no ethics violations due to inconclusive evidence and information. Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence. Based on the currently available evidence, the preponderance of the evidence supports that Teachnor-Hauk did not have notice of a complaint or concern of sex discrimination by Nassar. It is not disputed that Teachnor-Hauk understood that Nassar would perform an adjustment on certain student- athletes, but Teachnor-Hauk denied ever having knowledge of intervaginal treatment by Nassar or any other employee. Teachnor-Hauk further denied ever having a student-athlete complain that they were uncomfortable with Nassar. The allegations in Reporter 5\u2019s civil lawsuit do not state what she specifically reported to Teachnor-Hauk. Moreover, during Reporter 5\u2019s testimony at Teachnor-Hauk\u2019s hearing, Reporter 5 acknowledged that she did not specifically inform Teachnor-Hauk of vaginal penetration. Further, the and reports are inconsistent as to Reporter 10\u2019s testimony. In either case, it appears Reporter 10 stated when she asked about a particular procedure, Teachnor-Hauk attempted to explain the medical procedure being conducted from her vantage point. It does not appear Reporter 10 ever expressed a complaint or concern that the medical examination was of a sexual nature or potential sex discrimination. Finally, Reporter does not allege that Teachnor-Hauk had any notice of a complaint or concern of sex discrimination by Nassar. xviii. Vanessa On February 22, 2017, Reporter reported to that an athletic trainer named Vanessa would not let Reporter receive treatment by Nassar without a trainer in the examination room 02.05.2018 8-02488.) MSU\u2019s records show that a Vanessa Gomez served as a post- graduate intern for Athletic Training during the 2012-2013 academic year. It is unclear if this is the Vanessa to whom Reporter was referring. Pursuant to Section of the Resolution Agreement is required to \u201creview the actions of those current and former employees who had notice or were reported to have received notice of a complaint or concern of sex discrimination committed by\u201d Nassar. Under the applicable evidentiary standard, a preponderance is the amount of evidence that causes one to conclude that an allegation is more likely true than not true. If the evidence on an allegation is equally balanced (i.e., 50% / 50%), it has not been proven by a preponderance of the evidence. The available evidence does not support that Vanessa had notice of a complaint or concern of sex discrimination by Nassar. 38 II. Current and Former Employees Involved in the 2014 Investigation i. Kristine Moore Moore is employed by as an assistant general counsel in MSU\u2019s Office of the General Counsel. Prior to this role, Moore was an investigator for I3 from 2007 through 2014. Moore was the investigator for the 2014 Investigation. Moore has been deposed, testified at the Lou Anna Simon preliminary examination, testified at the William Strampel criminal trial, and was interviewed by and other entities. Her testimony is consistent in all these interviews. As set forth above, I3 was first provided notice of a concern regarding Nassar on or about April 24, 2014. (Strampel Trial Transcript, June 6, 2019, p. 9.) As stated in her testimony at the Simon preliminary examination, Moore interviewed Reporter 11 by telephone on May 15, 2014 and upon learning that Reporter 11 was reporting what sounded like sexual assault, Moore called and the Office of the General Counsel. (Preliminary Examination Hearing, April 8, 2019, Tr. p. 45.) Moore also notified her supervisor, Paulette Granberry Russell, the Title Coordinator. Moore interviewed Reporter 11 in person with investigator O\u2019Brien on May 29, 2014, when Reporter 11 returned from a vacation. (Id. p. 67.) Moore then interviewed Nassar and four medical professionals (two identified by Nassar, and two identified by Strampel). Moore testified that she made the decision to interview additional medical professionals within besides those identified by Nassar based on advice she received from administrators and the Office of the General Counsel. (Strampel Trial Transcript, June 6, 2019, p. 19.) Moore stated that she learned during the investigation that Nassar was suspended, but that she would not have been a part of that determination. (Id.) Nassar was suspended from May 23, 2014 to July 1, 2014 Findings, p. 10.) When Nassar notified Moore that he intended to return to work prior to the closure of the investigation, Moore promptly informed Nassar\u2019s unit administrator, Strampel, about this statement. The I3 investigation was completed in mid-July of 2014 and Moore prepared a report. (Preliminary Examination Hearing, April 8, 2019, Tr. p. 88.) The report did not find a violation of the Sexual Harassment policy. Moore testified that in her role as I3 investigator, she did not have authority to implement any disciplinary action, but she could provide recommendations to the unit administrator. (Id., p. 83.) Thus, Moore provided certain suggested protocols at the conclusion of her report to be shared internally within MSU. (Strampel Trial Transcript, June 6, 2019, p. 22; 26.) On July 30, 2014, Strampel forwarded Moore an email between him and Nassar that indicated that he had met with Nassar to advise him on the strategies that Moore suggested and informed Nassar that they were to be implemented moving forward. (Id. pp. 35-36.) It is undisputed that Moore was notified as an I3 investigator of a concern of sex discrimination by Nassar that came to I3 via a report from Kovan. The preponderance of the evidence supports that Moore adequately responded to that report in accordance with then- applicable law and policies. There is no assertion by any person that Moore received any independent notice of a complaint or concern of sex discrimination by Nassar apart from being assigned to investigate Reporter 11\u2019s complaint. 39 ii. Valerie O\u2019Brien O\u2019Brien is an Assistant Chief for MSUPD. O\u2019Brien was the lead investigator on the Reporter 11 investigation investigated the complaint of misconduct by Reporter 11 alongside I3. On May 29, 2014, O\u2019Brien and Moore interviewed Reporter 11 together, and O\u2019Brien interviewed Nassar separately later the same day at MSUPD. On July 1, 2015 forwarded its report to the Ingham County Prosecutor\u2019s Office with a warrant request against Nassar. On December 15, 2015, the Ingham County Prosecutor\u2019s Office declined to authorize criminal charges against Nassar because \u201cafter careful review of the Victim\u2019s statement, the Defendant\u2019s statement and the videos of medical procedures submitted, it appears that what the Dr. is doing is actually a very innovative and helpful manipulation of a ligament located in the butt cheek and lateral to the vaginal opening called Det. Johsnon [sic] and let her know she should make contact with the Dr. and explain that he should have a witness and do a better job explaining his techniques as he sees patients 04.16.2018 0015263.) It is undisputed that O\u2019Brien was notified as an investigator of a complaint or concern of sex discrimination by Nassar that came to I3 via a report from Kovan and to via a report by Moore after speaking with Reporter 11. She prepared her report and elevated it to the Prosecutor\u2019s Office for review. The preponderance of the evidence supports that O\u2019Brien responded in accordance with then-applicable law and policies. There is no assertion by any person that O\u2019Brien received any independent notice of a complaint or concern of sex discrimination by Nassar apart from being assigned to investigate Reporter 11\u2019s complaint. iii. Lou Anna Simon Simon is the former President of MSU. Simon held various positions at the University from 1993 through 2004, including Assistant Director of the Office of Institutional Research, Assistant Provost for General Academic Administration, Associate Provost, and Provost and Vice President for Academic Affairs until she was appointed interim President of in 2003. She served as President from 2005 until her resignation on January 24, 2018. In October 2019, Simon was charged by the Michigan Attorney General in a four-count criminal complaint with knowingly and willfully making a false or misleading statement to a peace officer regarding a material fact in a criminal investigation related to Nassar preliminary examination was held, and Simon was bound over as charged. On May 13, 2020, the Eaton County Circuit Court granted Simon\u2019s motion to quash the bindover determination by the 56 District Court as to all counts, dismissing the case in its entirety. On June 29, 2020, the Attorney General filed a claim of appeal with the Michigan Court of Appeals. The criminal charge against Simon relates to a statement during an interview with police that she was aware of the 2014 Investigation, but denied knowing the identity of the sports medicine physician or details about the allegations. Even though the criminal case against Simon is currently on appeal, there is no allegation that Simon had independent notice of a complaint or concern of sex discrimination by Nassar. Any alleged notice regarding the 2014 Investigation coincided with I3\u2019s and MSUPD\u2019s notice of the same complaint. 40 iv. William Strampel Strampel is the former Dean of MSUCOM. In December 2017, Strampel requested medical leave and on June 30, 2018 Strampel officially resigned. On March 27, 2018, the Michigan Attorney General charged Strampel with two counts of willful neglect of duty as a public officer, one count of criminal sexual conduct, and one count of misconduct by a public official in office. On June 12, 2019, Strampel was convicted of two counts of willful neglect of duty for (i) allowing Nassar to continue to see patients during the pendency of the 2014 Investigation, and (ii) failing to enforce protocols resulting from the 2014 Investigation. The jury also convicted Strampel of the common law offense of misconduct of a public official, a felony. The jury returned a not-guilty verdict on the criminal sexual conduct charge that alleged use of force or coercion to accomplish sexual contact. On August 7, 2019, Strampel was sentenced to prison for one year for each misdemeanor count and eleven months for the felony count, to be served concurrently. Strampel has appealed his conviction to the Michigan Court of Appeals. Strampel was Nassar\u2019s direct supervisor and the \u201cunit administrator\u201d for MSUCOM. Strampel was on notice of a complaint or concern of sex discrimination by Nassar in May of 2014 after I3 had already initiated the 2014 Investigation. Strampel would have been the key decision maker in placing Nassar on leave during the pendency of the investigation \u2013 which he did initially \u2013 from May 23, 2014 through July 1, 2014; however, Nassar returned to clinical duties before the 2014 Investigation was final. Strampel received Moore\u2019s I3 investigation report, with internal recommendations, and he reviewed her recommendations for procedures to be implemented in the clinic moving forward. On July 30, 2014, Strampel forwarded Moore an email between him and Nassar that indicated that Strampel had counseled Nassar and provided him with the protocols Moore suggested, and Strampel informed Nassar that they were to be implemented moving forward. (Strampel Trial Transcript, June 6, 2019, pp. 35-36.) On September 12, 2016, the Indianapolis Star article was published that contained Reporter 1\u2019s allegations against Nassar. On September 16, 2016, Strampel sent Nassar a letter stating that had received claims of Nassar\u2019s violation of the requirements put in place after the 2014 Investigation Findings, p. 16.) On September 20, 2016, Strampel terminated Nassar\u2019s employment. Strampel was on notice of a complaint or concern of sex discrimination by Nassar in May of 2014, but Strampel\u2019s notice was not independent and coincided with I3\u2019s notice of the same complaint. Accordingly, Strampel\u2019s notice postdates MSU\u2019s response to a complaint or concern of sex discrimination by Nassar. Strampel is not alleged to have had notice of any other concern or complaint of sex discrimination by Nassar. Nonetheless, Strampel was the Dean of MSUCOM. In that role, he served as the unit administrator under the then-applicable Sexual Harassment Policy. Under the Policy, \u201cUnit administrators set the tone regarding acceptable conduct and climate within their units\u201d and were 41 \u201cresponsible for processing complaints under this policy in which the alleged harasser is an employee.\u201d Further, the unit administrator and the Department of the employee alleged to have violated policy would be responsible for any interim measures imposed upon the employee during the pendency of the investigation. v. Lisa DeStefano DeStefano is an professor and the Director of MSUCOM\u2019s Osteopathic Manipulative Medicine Program. On June 20, 2014, Moore interviewed DeStefano in connection with the 2014 Investigation. DeStefano provided a statement based on her medical expertise. DeStefano provided her medical opinion after I3 launched a formal investigation into potential misconduct by Nassar. DeStefano followed all applicable obligations and policies in this process. There are no additional allegations or reports that DeStefano was on notice of a complaint or concern of sex discrimination by Nassar independent of her role in the 2014 Investigation, and in her interview with on May 2, 2018, she reported that she had never received a report of concern regarding Nassar outside of the 2014 Investigation. vi. Jennifer Gilmore Gilmore is an professor and physician. On July 1, 2014, Moore interviewed Gilmore in connection with the 2014 Investigation. Gilmore provided a statement based on her medical expertise. Gilmore provided her medical opinion after launched a formal investigation into potential misconduct by Nassar. Gilmore followed all applicable obligations and policies in this process. There are no additional allegations or reports that Gilmore was on notice of a complaint or concern of sex discrimination by Nassar independent of her role in the 2014 Investigation. vii. Suresh Mukherji Mukherji is the former Chair of the Department of Radiology. On September 16, 2016, Mukherji and Strampel sent Nassar a letter that stated that they were on notice of potential sexual misconduct by Nassar and further stated that Nassar \u201cdeviated from . . . required best practices\u201d put in place after the 2014 Investigation. Mukherji and Strampel also co-signed Nassar\u2019s termination letter dated September 20, 2016 Findings, p. 16.) There is no allegation that Mukherji had notice of a complaint or concern of sex discrimination by Nassar until September of 2016, when the concern was already being investigated by and OIE. ix. Theodore Curry Curry was Associate Provost and Associate Vice President of Academic Human Resources at until July 5, 2020. There is no allegation that Curry had independent notice of a complaint or concern of sex discrimination by Nassar. Curry became aware of a complaint in 2014 after was actively responding to the complaint and conducting the 2014 Investigation. 42 Further Responsive Steps Section of the Resolution Agreement requires that if MSU\u2019s review determines that any of the current or former employees reviewed received a concern or complaint of sex discrimination must next determine whether that person failed to adequately respond in accordance with all then-applicable laws and University policies. If so, MSU: [W]ill then determine what further responsive steps, if any, must be taken with regard to that person. The University will document any actions taken in the employee\u2019s or former employee\u2019s personnel file . . . . The University will not be required to engage in actions that are inconsistent with its obligations under governing law and applicable collective bargaining agreements related to the employment relationship and due process concerns stemming from the public nature of the person\u2019s employment or former employment. * * * Responsive actions to be considered include, but are not limited to, the following: disciplinary proceedings; revocation of tenure; revocation of honorary and other titles; demotion; reassignment; prohibition from University facilities, programs, and activities; removal of benefits; pay reductions; removal of housing benefits; permanent removal from administrative roles; revocation of honorary and other titles; prohibition from University facilities, programs, and activities; and/or other responsive action. As required under the Resolution Agreement must further analyze the following individuals and determine what further steps, if any, must be taken with regard to that person: \u2022 Stollak \u2022 Strampel i. Gary Stollak preponderance of the evidence supports that Stollak, as a private practitioner and outside the scope of his work as an employee, had notice in 2004 of a complaint or concern of sexual abuse by Nassar and failed to notify authorities of a report of suspected child abuse as required under the law. Further responsive steps: Stollak retired from in 2010. In accordance with policy and Items and of the Resolution Agreement, a summary of this review will be documented in his personnel file. Additionally, a restricted hire notation will be entered in Stollak\u2019s file. ii. William Strampel Strampel has been convicted of two counts of willful neglect of duty for (i) allowing Nassar to continue to see patients during the pendency of a 2014 Investigation, and (ii) failing to enforce protocols resulting from the 2014 Investigation. The jury also convicted Strampel of the common law offense of misconduct of a public official, a felony. Accepting these convictions for 43 purposes of this review, a preponderance of the evidence supports that Strampel failed to adequately respond to the 2014 Investigation regarding Nassar. Further responsive steps: In February 2018 took steps to ensure that Strampel would not return from medical leave, initiating dismissal for cause proceedings and securing Strampel\u2019s retirement effective June 30, 2018. The retirement agreement did not allow Strampel to receive emeritus status, a traditional and prestigious honor for retiring faculty. Strampel also did not receive benefits typically awarded upon retirement. In accordance with policy and Items and of the Resolution Agreement, a summary of this review will be documented in his personnel file. Additionally, a restricted hire notation has already been entered in Strampel\u2019s file.", "7435_106.pdf": "Larry Nassar in the Eaton county circuit court in Charlotte, Michigan, on 31 January 2018. Photograph: Rebecca Cook/Reuters Michigan This article is more than 5 years old Michigan State University fined $4.5m in Larry Nassar case Investigation found the school failed to take interim measures to protect students while complaints were pending Associated Press in Lansing, Michigan Thu 5 Sep 2019 18.31 The education department is fining Michigan State University (MSU) a record $4.5m and demanding sweeping changes, after determining that it failed to respond to sexual assault complaints against Larry Nassar, a former sports doctor at the school who also worked at Gymnastics. Nassar has been sentenced to decades in prison for sexually assaulting athletes, mostly female gymnasts, at Michigan State and a Lansing-area gymnastics club. Former Olympians said he molested them in Texas and overseas while he worked for Gymnastics. The education secretary, Betsy DeVos, announced the penalty on Thursday after Michigan State settled with the department to resolve two investigations. DeVos said Nassar\u2019s actions were \u201cdisgusting and unimaginable\u201d but so too was the university\u2019s response. \u201cToo many people in power knew about the behaviors and the complaints and yet the predators continued on the payroll and abused even more students,\u201d DeVos said in a call with reporters. \u201cThis must not happen again there or anywhere else.\u201d The fine is the largest levied under the Clery Act, a federal law that requires colleges to collect data on campus crime and notify students of threats. The previous largest fine, $2.4m, was imposed in 2016 against Penn State over its handling of sexual misconduct involving former assistant football coach Jerry Sandusky. The department\u2019s investigation concluded that Michigan State violated several key parts of the Clery Act along with Title IX, a federal law forbidding discrimination based on gender in education. Michigan State did not immediately provide comment department investigation found that the school violated the Clery Act by failing to disclose crime statistics, failing to issue campus warnings about security threats and failing to establish a system to collect crime statistics. The school says it will hire a \u201cClery compliance officer\u201d and create measures to protect athletes and children who participate in youth programs on campus separate Title investigation found that Michigan State failed to respond to reports of sexual misconduct against Nassar and his supervisor William Strampel, failed to take interim measures to protect students while complaints against both men were pending, and failed to take steps to end any harassment and prevent it from recurring. As part of its settlement agreement, Michigan State says it will make \u201csubstantial\u201d changes to its Title procedures and will provide a process to help victims of Nassar, including offering counseling services, grade This message should be heard loudly and clearly so that the tragedy at Michigan State University is not repeated Kenneth Marcus changes, tuition reimbursement or the opportunity to retake classes at no cost. The school is also being ordered to \u201cconsider appropriate sanctions\u201d against current and former employees who failed to take action after being notified of sexual misconduct by Nassar and Strampel. Kenneth Marcus, the department\u2019s assistant secretary for civil rights, said the agreement represents an \u201cextensive and robust\u201d resolution. Unlike most Title investigations, which are usually triggered by complaints submitted to the department, Marcus\u2019s office launched an investigation into Michigan State in 2018 based on the severity of the allegations, he said. \u201cThis message should be heard loudly and clearly by all universities so that the tragedy at Michigan State University is not repeated elsewhere,\u201d Marcus said. Michigan State last year agreed to a $500m deal with Nassar\u2019s accusers. Most of the money, $425m, was for 333 people, mostly women and girls, who had already sued. Michigan State so far has settled with 72 people in the second wave of litigation. Dozens remain. Strampel last month was sentenced to a year in jail for neglect of duty and misconduct in office. He was accused of failing to monitor Nassar and using his job as a medical school dean to sexually harass students. Most viewed"} |
8,187 | Craig Hawbaker | University of the Pacific | [
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For more information, please contact [email protected]. 1 \u201c\u2026 of Cabbages and Kings\u201d The Newsletter of the University of the Pacific Emeriti Society October 2014 Annual Fall Luncheon When: Tuesday, October 28, 10:15 to 1:30\u2014Please register by October 23!\u2014see below! Where: Pacific Alumni House Speaker: Dr. Bill Swagerty, Professor of History and Director of the John Muir Center Schedule: 10:15 to 11:00 Coffee, juice, pastries, and conversation 11:00 to 11:10 Emeriti business 11:10 to 12:00 Main lecture: \u201cOnce the salt pork, flour and whiskey ran out: food and survival among Lewis and Clark\u2019s Corps of Discovery\u201d 12:00 to 1:00 Lunch 1:00 to 1:30 Brief messages from Provost Maria Pallavicini and Academic Council Chair Courtney Lehmann Food and Snacks: Bon Appetit is preparing a lunch of a variety of deli sandwich selections, different salads, desserts and beverages. Cost: $20 per person. This covers the costs of all foods and drinks, as well all labor involved. Any donations above and beyond these costs will help us stay in the black and be greatly appreciated! Choose one of the two ways to tell us you\u2019re coming: 1. By email: Please put \u201cFall Luncheon\u201d in the subject line and in the body of the email include the name(s) of those in your group. You may then pay at the door. Send your email to: [email protected] 2 2. By Snail mail: Send the information below with a check payable to Emeriti Society to: William Topp Emeriti Society Vereschagin Alumni House University of the Pacific Please include the following information & Please register by October 23! Name(s) _______________________________ Number of lunches__ x $20 + donation $____ = $_____ (total due Note on our Main Speaker: Professor Bill Swagerty\u2019s talk today draws on his book, The Indianization of of Lewis and Clark, published by the University of Oklahoma Press in October 2012 cite the following lines from a description that accompanied this publication: Although some have attributed the success of the Lewis and Clark expedition primarily to gunpowder and gumption, historian William R. Swagerty demonstrates in this two-volume set that adopting Indian ways of procuring, processing, and transporting food and gear was crucial to the survival of the Corps of Discovery. The Indianization of Lewis and Clark retraces the well-known trail of America\u2019s most famous explorers as a journey into the heart of Native America\u2014a case study of successful material adaptation and cultural borrowing. When Bill first responded to Judy\u2019s invitation to speak at our luncheon, he suggested a \u201ctheme luncheon with a Lewis and Clark menu\u201d that might include \u201cbuffalo and/or salmon or. . . special sausages such as \u2018boudine blanc\u2019 which Clark\u2019s slave York made and Lewis described in detail.\u201d Due to dietary restrictions of some of our members as well as the costs of such a tailor-made meal, the Board regretfully opted for a more familiar\u2014 but delicious menu from Bon Appetit\u2014but many of us hope to be invited to this theme luncheon whenever and wherever it might occur! Wine and Cheese Receptions Spring, Fall, and Winter 3 Last spring your Emeriti Society hosted two \u201cthematic\u201d Wine and Cheese receptions, events geared toward a larger than usual number of new retirees. In March we heard good advice from several of our members about two concerns of all retirees: their health and their money. The advantages of various health plans came up for discussion as well as the methods that has for stretching our retirement savings representative of Pacific\u2019s Human Resources office was also in attendance. In April the audience heard from several colleagues about ways to keep busy and engaged in retirement, a topic that touches us all. Judith Jaynes, OLLI@Pacific Program Director gave a short presentation about and how active participation in the various short courses, lectures, excursions and social occasions can help keep us intellectually, physically, mentally and spiritually fit in our senior years. For all of us who do take part in OLLI-sponsored programs we invite you to join us and reap the benefits! Then this fall, on September 19, we greeted the new academic year with yet another reception where we drank good wine, nibbled at the cheese platters, and happily reminisced with friends about the \u201cgood old days\u201d at Pacific\u2014which, to no one\u2019s surprise, were often not the same \u201cold days\u201d! Phil Gilbertson\u2019s talk about the \u201cOddities\u201d of his Pacific history project added fuel to these conversations as well as to a robust discussion with the former Provost. His history of Pacific is due out next year, but the decision about a publisher is yet to be made. And on December 5, 2014 in the President\u2019s Room, we are planning a holiday Wine and Cheese celebration, hoping to capture some of the good cheer we found at the previous year\u2019s holiday meeting. At this December 2013 gathering we listened to beautiful live music provided by our own Conservatory students and believe that we may even have overcome some skeptics\u2019 resistance to our partying, partially because of the music but also because we focused on the season and convivial conversation. Because of the crowd of revelers as well as the diminished hearing capacities of many in this crowd, we have opted to replace the \u201cjoyful noise\u201d of last year\u2019s live music with more manageable recorded music US!! An Abundance of News about Pacific: Pacific Insider 4 Most of us have surely felt an occasional pang of nostalgia for the simpler days when we kept informed about campus events, the highs and lows of our relationships to administrative powers as well as our colleagues\u2019 activities by reaching for The Pacifican or that week\u2019s issue of the University Bulletin. But in reality we have had access to a superbly written and electronically available source of campus news\u2014The Pacific Insider\u2014since August 2012. Reading your weekly issue of the \u201cInsider\u201d\u2014a new one available on your computer screen every Tuesday morning\u2014can keep you up-to-date and informed about campus events and personalities. And, you can conveniently skim though the newsletter\u2019s archives online without wading through that pile of paper in a drawer or on a shelf in your study. How to get there on your computer: 1) go to 2) In the Search box on the upper right hand side of the page, type: pacific insider 3) This will bring you to the first page of \u201cSearch Results\u201d\u2014click on the very first \u201cresult\u201d and you will arrive at the home page of the Pacific Insider. At the top of the right hand column of the homepage, you\u2019ll see a small box and icon with the word \u201cNoteworthy\u201d written on it. By clicking here, you can \u201cview the latest faculty and staff scholarly accomplishments.\u201d On the top of the left hand column of the home page, you\u2019ll find access to \u201cPacific Insider Archives\u201d\u2014click on these words and you\u2019ll be able to access every issue since August 27, 2012. In the following list point to just a few of the topics that will hopefully whet your curiosity about recent campus activities: \u201c2014 Commencement ceremonies in three cities will honor nearly 2,000 new graduates\u201d\u2014May 5, 2014 \u201cPacific to host 2015 Asian studies regional conference\u201d\u2014May 6, 2014 \u201cDirt on the move from stadium site\u201d\u2014Jun 2, 2014. I\u2019ll cite just a bit of the article for the fully uninformed: Crews on Tuesday will begin moving the 140,000 cubic yards of dirt that make up the berm foundation of Amos Alonzo Stagg Memorial Stadium - a massive job that will require an estimated 180 dump truck trips a day for more than six weeks. 5 The work is part of an estimated $1.75 million stadium removal project to make room for new athletics facilities, including a state- of-the-art tennis center and new fields for soccer and field hockey. Plans also call for an Amos Alonzo Stagg Memorial Plaza that will honor legendary Pacific coach Amos Alonzo Stagg, as well as military veterans and Pacific football. About 40,000 cubic yards of dirt will be moved to the stadium floor to raise it to grade level in the first phase of the work. Another 100,000 yards will be trucked off campus in the second phase, which is expected to start June 10. Tom Samuel, co-owner of the Linden-based contracting firm West, anticipates hauling away 2,430 yards a day for 40 days. Working 10-hour days, his crews will cart off 18 truckloads an hour - meaning that one dump truck will be pulling out of Larry Heller Drive onto Pershing every three minutes. \"Berlin to Broadway with Kurt Weill Musical Voyage\" on Saturday, October 11 at 7:30pm at the Alex and Jeri Vereschagin Alumni House\u2014September 30, 2014 \u201cHomecoming is just around the corner\u2014View schedule and register today\u201d Read all about the return of Homecoming to campus on October 17 \u2013 19 in the 30 September issue of The Pacific Insider. Click on the \u201cRegister\u201d box and \u201cCome Home\u201d! Your invitation cherished Pacific tradition roars back this October with the return of Homecoming. This weekend will feature popular signature events including Tiger Rally: United We Roar (new combined event including Lip Sync and Midnight Mania), Taste of Pacific and the Homecoming Parade, along with a host of sporting events, and lectures in between. With Alumni Reunions and wine tasting for adults, family activities and student events, Pacific Homecoming is truly an event for all ages. Whether you're a student or an alum, a parent or a faculty member, a staff member or a community supporter, we are all Tigers. We look forward to seeing you this October at Homecoming! 6 OLLI@Pacific \u2013 Mike OLLI@Pacific kicked off its fall 2014 semester activities on Sunday afternoon, September 21, with a \u201cCelebration of Active Aging\u201d conference. Judith Jaynes, OLLI@Pacific Program Director, welcomed almost 300 of us \u2018lifelong learners\u2019 to the event and introduced the first speaker of the afternoon, Jan Montague, President of Whole-Person Wellness International. Ms Montague, who holds a Masters Degree in Gerontological Studies and has long been internationally engaged in her field, explains her fundamental approach as follows: \u201cThe whole-person wellness approach is strengths-based and addresses the emotional, intellectual, physical spiritual, social and vocational dimensions of health and well-being\u201d Two breakout sessions with three choices of speakers and topics for attendees followed this introduction. The topics in session 1 were: \u201cBrain Health,\u201d \u201cGenealogy,\u201d and \u201cLaughter Yoga.\u201d Robert Halliwell, who teaches neuroscience and clinical pharmacology at Pacific\u2019s Long School of Pharmacology, spoke on \u201cBrain Health\u201d and summed up his remarks in the following way: \u201cThis presentation will consider recent evidence that lifestyle, education and community engagements can slow down the brain aging process, reduce the risk of disease and enhance a healthy retirement.\u201d In the other session the three topics were: \u201cMastering the Five Elements,\u201d \u201cMusic Therapy,\u201d and \u201cFallproof Introduction.\u201d Melody Tolmie, a certified music therapist in a variety of settings, gave a fascinating talk that she summed up as follows: \u201cLearn the role of music in healing, the research supporting it and ways you can use music to enhance your quality of life.\u201d Many in the audience could substantiate this experience in their own lives or in the lives of older relatives. Hopefully, this short summary of the beginning of this semester\u2019s long list of outstanding educational and social opportunities, will encourage you to us\u2014either as a student or teacher in the celebration of active aging YOU! Important contacts: OLLI@Pacific 3601 Pacific Ave Stockton 95211 Phone: 209-946-7658 or 800-959-5376 or online at: 7 Academic Council Meetings \u2013 Roland di Franco, Emeriti Representative February 2014 Chair Marlin Bates and Chair-Elect Courtney Lehmann had a breakfast meeting with Regents Janssen and Callahan. The relationship between faculty and regents is improving. President Eibeck reported on her trip to Washington. The renewal of the higher education act is in progress national website is under construction. It will list six-year graduation rates, student debt at graduation, and 18-month post graduation salaries for all colleges. The record of success for the 14% of students who go to for-profit schools is poor and is a problem. She also reported that Title is now being used to include sexual assault and harassment of women. There is a new focus on college campuses on these issues. Provost Maria Pallavicini reported that the Academic Affairs Committee of the Regents has approved the in Food Studies and the Doctorate in Audiology. She also reported that the Academic Affairs Committee of the Regents has approved the in Food Studies and the Doctorate in Audiology and thanked faculty for their contributions to the Academic Planning and Alignment report. The Council made a number of Handbook revisions: Hearing Procedures for Grievances, Membership of the Universities Facilities Committee, Election of Committee Members, and Department and Unit Name Change asked that the University develop a Workload Policy. In the absence of a workload policy in the Faculty Handbook, schools and colleges have developed their own policies. There are large differences among these policies across schools and colleges. The Provost asked Caroline Cox to begin to develop a University-wide policy. The question of where experiential learning and advising fit into workload is unstated at many colleges and is unclear at Pacific. It needs to be included. In the open discussion part of the meeting, questions were raised about the role of Comprehensive Academic Rating Team (CART) in the planning 8 process is comprised of members from existing faculty bodies/committees with roles in assessment and program review. They will compare assessments to determine the relative equality of the data. March 2014 Chair-Elect Courtney Lehmann chaired the meeting. She reported that concern was expressed at the All-Faculty Meeting that Deans are not uniformly justifying their recommendations with data. There is also concern about what will happen to faculty if their programs are eliminated. Opinion about maintaining the Graduate School was divided. Harriet Arnold presented a resolution to approve all retiring faculty except for Craig Hawbaker for Emeritus status. It was unanimously approved. (The issue of Emeritus Status for Craig Hawbaker was taken up at a later meeting.) President Eibeck announced the appointment of Ken Mullen, former assistant to Pat Cavenaugh, to the position of Vice President for Business and Finance. The Budget Task Force has recommended a new budget model called Responsibility Cantered Management (RCM). It is a model which rewards and supports academic units that are attracting students. Implementation will begin next fall. The President confirmed that she has read Skip Scully\u2019s essay \u201cThe Cane Mutiny Continues.\u201d Provost Maria Pallavicini thanked the faculty for submitting their reports. The Deans have looked at the reports and shared their recommendations at the Council of Deans. The Provost\u2019s recommendations will be out in a day. She will then meet with units to hear feedback. Her final recommendations will be made known at a Town Hall meeting at each campus. The President will announce her final decisions on May 1. If a recommendation calls for the elimination of a degree program, an effort will be made to find positions for the affected faculty in other programs. Should termination be necessary the procedure in the Faculty Handbook will be followed. The Provost announced the reorganization of her office as follows: Vice Provost for Strategy and Effectiveness (Dave Hemanway assisted by Berit Gundersen), Vice Provost for Distributed Learning and Instructional Technology (search in process), Vice Provost for Enrollment (Arlene Cash), Vice Provost for Academic and Faculty Affairs (Lou Matz), Vice 9 Provost for Diversity (eventually filled by Chris Goff), and Assistant Provost for Graduate Scholarship (search in progress). All positions are filled by the reorganization of old positions. The position of Graduate Dean has been eliminated and graduate programs will now report to their respective deans. Deans will be present and prepared to answer questions at the Town Hall meetings. Action on the revision of the University Facilities Committee was tabled until more details could be provided. The Council passed a resolution in support of Cal Grants and protesting the reduction of grants for incoming students. Vice President for Student Life Patrick Day has been working on the statement reaffirming Pacific\u2019s common objectives with the United Methodist Church. He reported on the new direction for enforcement of Title for sexual misconduct number of new policies have been developed to bring the University into compliance with the requirements of the Department of Education. April 2014 The Council approved the nomination of Craig Hawbaker to Emeritus status. Chair Marlin Bates reported on the efforts of the Executive Board to keep the faculty informed. There will be an executive session of the Council on April 17. All faculty need to get involved in the decision process. Provost Maria Pallavicini reported on the resignations, reorganizations, and ongoing searches within the Provost\u2019s office. The Council approved a Handbook change which allows for posthumous awarding of the Order of the Pacific. The Council approved a charge to the Chair of the Academic Facilities Committee to clarify the advisory role of the committee in the decision-making process. The membership for the search committee for the Assistant Provost for Diversity was approved. Vice president Pat Cavanaugh and Jane Lewis reported that there would be an increase in the premiums for health care for next year. Blue Cross and premiums have double-digit increases and Kaiser premiums have decreased. The number of employees selecting the plan is decreasing. Deductibles may increase to keep premiums lower. The future of the current plan is under consideration. The Faculty Compensation Committee has been considering concerns about summer session compensation. No changes will be made for the 10 2014 sessions. But changes in compensation are under discussion for the following year. Currently 40% of the profits from summer school go to the Provost\u2019s budget and 60% go to University budget. The deans are asking that some of the profits go to the units. The Provost has recommended that the Faculty Research Committee, the Committee for Academic Planning and Development and the Technology in Education Committee be combined. The Academic Council Chair requested feedback on the idea. Chair Bates also asked for feedback in preparation for the April 17 Executive Session. He listed three categories for comments: Suggestions, Concerns, and Questions for the Provost. May 2014 Chair Bates announced a reception after the Council meeting to thank outgoing members of the Council and faculty who are retiring from the University. He also thanked the Council for their participation in preparing the Letter to the President and the Provost. He requested specific answers to issues raised in the letter. He also requested a response to the suggestion that a faculty member be appointed to the Board. President Eibeck presented a report on the future direction of the University. Here are some of the highlights: Our goal is to become a three- city university. We want to make Pacific the first choice for students seeking a personalized education. The Stockton Campus will remain the heart of the University offering strong programs in liberal education and in professional fields. The San Francisco and Sacramento Campuses will service adult learners. Since over half of our budget has come from Law, Dentistry, and Pharmacy and fewer students are able to pay for college we must adapt to this change in the market. The Strategic Investment Fund has been created so that we can develop new programs that are attractive to today\u2019s students. The goal for the fund is $15 million. 6% will come from schools and colleges and 7% will come from administrative units. The White House Scorecard now asks for institutions to report their 6-year graduation rate. The minimum expected rate is 70%. Pacific\u2019s rate is 64%. So there is work to be done grants of up to $500,000 will be available. The Strategic Planning Committee will make the decisions. Chair Bates stated that there are three issues of concern to the Faculty: 11 that principles of shared governance be followed, that the data being used should not have gaps or erroneous statements, and that we create benchmarks for the retention or loss of programs. Provost Maria Pallavicini reported that Gary Litton will receive the Distinguished Faculty Award, Bill Herrin will receive the Eberhardt Teacher- Scholar Award, and Todd Davenport will receive the University Scholar Teacher of the Year Award. Discussion then turned to the question of how interactions and discussions about planning decisions between the Council and the President can be improved. The Council decided that next year the Council will meet twice a month. The first meeting will be to conduct the business of the Council. The second meeting will focus on discussion with the President about current decisions. Lou Matz reported on changes in the current four\u2013year Honors Program. The first year program will be continued and strengthened. This will be followed by a component designed by schools and departments. Cynthia Dobbs reported on the issue of Faculty Workload requested the creation of a Workload Policy. She has been gathering data and asking questions. When completed the policy will be added to Faculty Handbook. Communications Corner\u2014Bill Topp Summary of Activities since August 2014: 1. The Board has divided the communication/technology workload among two emeriti members. Walt Zimmermann will continue to be the Listmaster for the Society and Bill Topp will become the Director of Communication. Walt and Bill are in frequent communication so don't let the different titles muddy the waters. They will process any inquiry you make. However, if you want to update your address, email, or phone info, send Walt an email at [email protected]. For information about Society events, the Web page, or general communication with the Society, email Bill at [email protected]. Both will respond to any email sent to the Society mailbox at [email protected]. 2. Members and spouses have updated directories with names, emails, and city of residence. Hopefully you can take advantage of these, particularly around the holiday season. Please let Walt know if any 12 information is incorrect since he wants to edit the lists and make them available on a quarterly basis. 3. Mac vs Windows Users : On the Society Web page, the link for left- side entry History of the Emeriti Society is a large pdf file. On Windows, a popup window asks if you want to open the file or save it. But on a Mac, only the vanishing path to the upper right-hand corner of the screen appears indicating that a download has occurred. For this Mac users should look for the pdf file in their download folder. 4. We have added two new entries on the left side of the Web page: (a) The entry OLLI@Pacific provides a link to the homepage. (b) The entry Academic Council provides a link to the Academic Council Schedule, Minutes, & Agendas page. News from Members\u2014Maurie and Mike The traveling Ballots spent 3 weeks in Japan, marveling at the orderliness, cleanliness, and friendliness of the Japanese, from Tokyo to Hiroshima. Cliff Dochterman reports that he was selected Moraga's 2014 Citizen of the Year and recognized at a community dinner. He notes that it says something about a community that would select an 88-year-old guy for this award(!) In July, Ed Pejack attended The International Conference on Solar cooking in Sacramento and \"gave some opening nostalgic remarks about the first such conference\" which he organized at 24 years ago. The Suttons continue their active Oregon retirement. After a summer of fishing and crabbing (\"our freezer is FULL\"), Connor is closing up on the coast while Ria readies the Redmond place for winter and herself for cataract surgery. Ria enjoyed reunions with family in the Puget Sound and her high school classmates in Stockton was the only woman to graduate in that class,\" she writes. Roy and Jean Whiteker survived their recent Alaska cruise and vow that it was \"their final cruise litany of discomforts and a near fall convinced Roy that \"we are just too old.\" (This note is not uncommon 13 among our rank & file, of course, but a bit of a shock coming from our leader.) They did enjoy \"a terrific presentation\" by Libby Riddles, niece of Jim and Marge, \"about raising and racing huskies to win several Iditarods.\" Roy also showed emeriti mettle by giving some young doctors such crucial aid in winning a Trivia contest that they shared their prize with him. Carl Wulfman's long and interesting account of camping all over Alaska with his sons arrived too late last time for inclusion. It was vintage Wulfman: precise, enthusiastic, and cheerfully optimistic--recounting fish caught, scenery enjoyed and even stranded travelers rescued. An unverified report has reached us that this crew was sojourning again in the northwest last August. We hope so. In June, Toni and Roland di Franco took a cruise around the British Isles. The first stop was Guernsey, an island off the south coast of England and the only part of Britain that was held by the Nazis. Then they set sail for Ireland, Northern Ireland, Scotland, and then the Orkney Islands. There they visited Skara Brae to see ruins of a 5000-year-old settlement, older than the pyramids. The last stop was Normandy in France to visit the land where one of the most remarkable battles ever, took place. Roland grieved for an uncle he lost in that battle. Charles and Jean Matuszak went to Ireland for about 3 weeks in July/August. They went with their sons Matthew and Jim and Jim\u2019s friend Becky Carroll. One of the outstanding days involved a visit to the Hill of Tara and Newgrange which are both fascinating ancient places. They joined Clan Irwin members to take a tour of Ireland that started in Dublin and circled the country. More highlights were the Giants Causeway, a boat ride to see the Cliffs of Mohr, Dingle peninsula, standing stones, lakes of Killarney, kissing the Blarney stone (for the younger 3) at Blarney castle. They also had the opportunity to visit Trinity College and see the sights there. Currently Charles and Jean are driving from California to Ohio to visit Jean\u2019s sister Faridad, niece Diane and Charles\u2019 niece Susan Crusey, husband Jack and son Adam. Adam is a student at The Ohio State University and is a member of The Ohio State Marching Band. They will return to California via Oklahoma to see Charley\u2019s niece Laura and family. \u201cSo far our most interesting sights are Rocky Mountain National Park with an early fall snow on mountains and trees, a visit with dinosaur fossils in 14 Utah and going back to Lawrence, Kansas to check on the University of Kansas (Jean\u2019s alma mater).\u201d Bob Dash: Just a note from the coast of Maine where we are enjoying a spectacular fall display of color. The last three years the trees have just turned brown and lost their leaves. This year of Nature\u2019s glory makes up for all of them. Sailing is always beautiful in September and October under deep blue skies and fair winds. Our boat will be the last one out again this year since we are going to sail until Halloween. See many of you in December. Herb Reinelt took a trip to Israel-Palestine in March. As a result got a clearer picture of the life of Palestinians living under Israeli occupation and the life of Israelis who feel their lives are constantly threatened. Most of the Israeli prime ministers have been military men who think that violence is the only way to peace and many Palestinians have been violently uprooted from their homes so that they want to respond violently. It is a no-win situation for both with Israel the major perpetrator of the violence. I\u2019ve been doing a lot of lecturing on the situation to help people understand what is going on there. The group traveled with was committed to non-violence and we met with both Israelis and Palestinians committed to non-violent solutions. Bob and Laurel Blaney: We continue to enjoy travel. We visited Laurel\u2019s sister in Ocala Florida in February and vacationed with them in Williamsburg in May. In April we spent a week in Hawaii in Kauai and plan to return in January to Maui. We took our daughter Joy and her family on a 14-day cruise to Alaska including several nights in Denali National Park in July. In September we spent several days in Wells Maine and a week in New Hampshire at our time-share overlooking Lake Winnipesauke and spent two days in Boston where celebrated my 55th Reunion of my graduation from Boston University School of Theology was the only one of my class without a cane. We also had lunch with Joy\u2019s son, David, who is a freshman at Boston University continue to stay busy at Aptos United Methodist Church chairing the Church and Society Committee. In the community serve on the Board of Directors of our Mobile Home Park, the Advisory Council of the Palo Alto Medical Foundation and the Progressive Christian Forum as well as serving as a leader in (Communities Organized for Relational Power in 15 Action), a branch of the national Industrial Areas Foundation is a coalition of 26 non-profits, mostly churches but including school districts and labor unions, working in Santa Cruz, Monterey, and San Benito counties that organize communities to bring about social change in immigration, public safety, education, and health care. Laurel continues her work at the Aptos church, singing in the choir and chairing a pastor\u2019s advisory group. She keeps busy taking part in two book groups and a knitting group. We miss our colleagues and friends at and hope to attend one of the luncheons in the future. Doug Tedards: Judy and are traveling from October 2-12. Here are our main stops to visit friends and relatives: Austin, Texas; La Grange, GA; Beaufort, SC; Greenville, SC; High Hampton, NC; and Atlanta, GA. Treasurer\u2019s Report\u2014Roseann The Emeriti treasury closed the fiscal year, which ended on 6/30/2014, with a balance of $2,018.44. The Board adopted a charge of $5 per person for our Wine & Cheese events during the last academic year, and this has stabilized our funds. During the current academic year, we hope to maintain the same charges for Wine & Cheese and luncheon events. We have had fewer donations for recent events, and encourage you to consider making a donation now and then. Your support is always appreciated and increases our ability to offer interesting and enjoyable events for our members. Retirement Dinner Report\u2014Roseann Last year\u2019s Retirement Dinner was held on April 16, 2014, at Grace Covell Hall, co-sponsored by the Provost\u2019s Office, the Emeriti Society, and the Alumni Association. Due to the large number of retirees last year, some changes occurred to manage the length of the event (e.g., some material was printed rather than spoken new feature was a buffet dinner, which allowed attendees to circulate and greet each other more easily. The completion and availability of a 25-year history of the Emeriti Society was announced. Many attended the dinner and enjoyed the evening. 16 This year\u2019s retirement dinner is planned for April 1, 2015. Please save the date if you plan to attend. We assume the number of retirees will be back to normal, and hope to plan the dinner with a combination of the best ideas from former dinners and last year\u2019s modified dinner. We would love to have suggestions from our Emeriti members. Please send any ideas you may have to [email protected]. Report on the Oral History Project\u2014Doris Those of us involved with the Oral History Project are pleased to report that 54 transcriptions are now available online. As you know, these are recollections in their own words by Pacific faculty and administrators recounting their years here from their own unique perspective. Access to the Project: simply select \u201cOral History Project\u201d from the Directory\u201d on the University website. You\u2019ll find not only the 54 interviews already online, but a description of the Project, the interview process and the four necessary forms. We encourage you to become a part of the Project by nominating yourself or someone else who can add historical memories to the collection. To get started contact one of us on the Executive Board with your nomination. We want to express our gratitude to the Special Collection staff of the library for their professional work in transcribing the interviews and getting them online in a timely manner. They are key in our efforts to keep our past alive and well! Obituaries \u2014 Mike and Doris Les Medford, Pacific Dean of Admissions and a familiar figure on campus for decades, passed away at the age of 96 on June 21, 2014. He came to Pacific in 1961 after 22 years of service in the Marine Corps where he attained the rank of Lieutenant Colonel. During World War he served in the South Pacific. Following his second retirement in 1989 from Pacific, Les was one of the key co-founders of the University Emeriti Society and served on its Executive Board until his death. His love for the University was evident in his daily visits to campus, either in an official capacity or visiting friends and colleagues. He received the special Alumni organization tribute: \"Honorary Alumni\" in 2012 and in 2013 rode as \"Grand Marshall\" in the Homecoming 17 Parade. Les was a faithful member of Central United Methodist Church, supported museums, athletics, university endeavors, musical organizations, and numerous local and national charitable causes. His memorial service on June 29 at the Central United Methodist Church was packed with those who knew and cherished him. There were surely few among those present who didn\u2019t learn something new about his life and character and surely none at all who would not agree with the sentiment that he will be sorely missed. He is survived by his wife of 64 years, Marie; daughter Virginia \"Ginny\" Suzanne Medford '80 COP, '98 EDU, and son Leslie David Medford; grand-daughters Lillian Claire and Sovay; adopted sons Chinh, Khoi, Quang Vu and their families; sister Virginia Dean and niece Marcia Enquist. Caroline Cox, former interim dean of the College of the Pacific and professor of history, passed away on July 11, 2014, after a long battle with cancer. She was 59. Caroline was born on November 23, 1954 in Glasgow, Scotland, and came to the United States in 1978. Prior to beginning her academic career, she spent many years working as a financial analyst on Wall Street. As time passed, a career in academia beckoned and she earned her bachelors, masters, and doctoral degrees from University of California, Berkeley, all in history. After graduation, Caroline joined the Pacific faculty in 1998 as an assistant professor of history. She remained at Pacific for the next 15 years, becoming a full professor in 2010 and serving as interim dean of the College of the Pacific from June 2012 until February 2013. Throughout her academic career, Caroline received many honors, including the Pacific Distinguished Faculty Award, the Faye and Alex Spanos Distinguished Teaching Award, Pacific Alumni Association Faculty Mentor Award, the Eberhardt Teacher/Scholar Award, the Pacific Fund Research Grant, and the Eberhardt Research Fellowship. She was the internationally recognized author of \"The Fight to Survive Young Girl, Diabetes, and the Discovery of Insulin,\" \"Opening Up North America, 1497-1800,\" which she co-authored with Pacific colleague Ken Albala, and Proper Sense of Honor: Service and Sacrifice in George Washington's Army.\" At the time of her death, Cox was putting the final touches on a book forthcoming from University of North Carolina Press, tentatively titled \"Boy Soldiers: War and Society in the American Revolution.\" During her own educational journey, Caroline said told one interviewer 18 that the most memorable professors were the ones who went out of their way to share their passion for their field of study with their students. \"The size of the class or the subject matter didn't matter - it was the humor, enthusiasm, presentation and passion that the professor brought to the classroom that made all the difference,\" Caroline stated. \"Teaching is very much a performance art; you bring a lot of yourself to the classroom.\" And she encouraged students to think outside the box when it came to education, and to value the journey, not just the destination. \"Education comes in many directions, as my own experience indicates.\" She began her college studies at age 30. \"If something gets in the way of your pursuit of education, it is not the end of the world - it's just another path. Over years have become more adamant about that. Innovative thinking comes from a broad range of backgrounds.\" Caroline is survived by her husband, Victor Ninov; her brother Andrew and her sister Sheila; and five nieces and nephews. (Almost all of the above remarks about Caroline come from tributes already written and published by Pacific colleagues\u2014Mike) Pearl Estelle Piper, 90, of Stockton CA, passed away at home on August 28th, 2014 after a three-month battle with cancer. Pearl\u2019s many years at Pacific began as a \u201cbusiness student\u201d in 1944 at the Stockton College campus. Her classes were held on the third floor of Knoles Hall. Later, and for many years, Pearl \u201cmanaged the store\u201d\u2014also called the Office of Admissions\u2014on the first floor of that same building. She served under Deans Elliot Taylor and then Les Medford whom she always called \u201cMr. Medford.\u201d She quickly became known as a lady who personified dignity and expected perfection. Upon her retirement in 1986, Pearl was awarded The Order of the Pacific for 46 years of dedicated service. Her passion to serve the University, however, continued many years after her retirement. Along the way, she found time to assist both Ron Limbaugh and Bill Swagerty with their historical research projects. When Les became interested in developing a campus \u201cEmeriti Society,\u201d Pearl\u2014 along with Darlene Hall\u2014was right there to take care of his paperwork. Then, as Les, Roy Whiteker and began our project of writing the Society\u2019s history, Pearl was more than ready to help and transcribed all of my handwritten research data onto her computer. Les may have said it best when he called Pearl \u201ca gem\u201d\u2014 and that she was! -- by Doris Meyer 19 Tapan Munroe, Professor of Economics and Chair of the Economics Department at Pacific from 1970 to 1981, died on April 1, 2014 from complications of Parkinson\u2019s disease. Born in Calcutta, India in 1936, he first attended the University of Allahabad with majors in chemistry and physics. He then worked for a time as a scientist for Xerox and General Electric in New York State. After a change in career direction and earning his Ph.D. in economics at the University of Colorado in Boulder, he returned to California in 1970 where, several years earlier, he had met and married his wife Astrid. During his time at Pacific, he managed to spend a year as a visiting scholar at as well as at the University of Augsburg in West Germany. Tapan left academia in 1981 and joined where he was later asked to be their Chief Economist in San Francisco.He was a sought after speaker in the Bay Area and for 20 years wrote a twice-monthly business and economics column for the Contra Costa Times. He also authored 3 books about Silicon Valley. For those who knew him Tapan was a personable and engaging conversation partner, never at a loss for words. He will be missed by all those whose lives he touched. He is survived by Astrid, his wife of 55 years, his daughter and son and their families as well as several family members in India. Robert D. Morrow, emeritus professor of education and staunch Stockton community literacy champion, passed away July 8, 2014 at the age of 82 celebration of his life and memory was held in Morris Chapel on September 13, followed by a reception at the Alex and Jeri Vereschagin Alumni House. Morrow was hired at Pacific in 1975. He was a skilled communicator and a compassionate teacher who made an effort to recognize each student as an individual. He taught by example the skills and attitudes students would need to become effective teachers. He loved advising freshmen and getting to know them and their families and delighted in the long-lasting relationships he developed with students that continued throughout their lives. At his retirement in 2002, he was awarded the Order of Pacific, the University's highest honor. Even after his retirement from Pacific, he continued to advocate for early literacy, including supporting former Stockton mayor Ann Johnston's Read to Me Stockton program, serving as regional director for the Bring Me Book Foundation and speaking out with regularity on education 20 issues in the opinion pages of the Stockton Record. \"Education was the only way out for someone in my circumstances,\" Morrow said in a fall 2011 interview for the School of Education's ConnectEd newsletter. With these few words he suggests the answer to the difficulties he experienced growing up in a family of 10 children at the start of the Great Depression in upstate New York. It was at school, he said, where he found the kind of structure and support that was missing at home, and it was the example of his mentors there that awakened him to his potential and instilled a desire and love for learning. Bob is survived by his wife of 27 years, Pamela Cook, who attended the Benerd School of Education and is the co- owner of the Rainbow School in Stockton; three children, including a daughter, Jennifer Rollins Gil '04 PHS, and son, Paul Rollins '04 COP; and two grandchildren. Donald H. Wollett, Professor Law, Emeritus, died at age 95 on Sept. 23 at his residence at the Home on the Harbor in Freeland, WA. His obituary is available at", "8187_1-2.pdf": "$4M sex-abuse suit against Pacific, ex- librarian can proceed, judge rules Roger Phillips [email protected] Published 6:11 p.m May 3, 2019 sex-abuse lawsuit filed against University of the Pacific and a retired research librarian cleared a hurdle Friday morning, and the university suffered a setback, when a judge ruled that a student\u2019s civil case was filed in a timely manner, contrary to an assertion by Pacific's lawyers. San Joaquin County Superior Court Judge Michael Mulvihill also ruled that the allegations made by plaintiff Amit Lal are \u201csufficient to constitute a cause of action \u2026 the demurrer is overruled.\u201d Attorneys for Pacific filed the demurrer in March in response to a 17-page complaint filed by Lal in December. Lal, 35, has bachelor\u2019s and master\u2019s degrees from Pacific and works at the Eberhardt School of Business. He is currently seeking a doctoral degree in education from Pacific. Lal\u2019s lawsuit against Pacific and retired research librarian Craig Hawbaker alleges the university knew about Hawbaker\u2019s alleged abuse of Lal for two years before it opened an investigation. According to the complaint filed by Lodi attorney Kevin Berreth, the abuse began in 2013 and continued until 2017 \u2014 two years after Lal says he first complained to the university and three years after Hawbaker\u2019s retirement. The suit says Lal held a campus job in Pacific\u2019s library, and Hawbaker was his supervisor. Lal informed university officials of Hawbaker\u2019s alleged abuse in 2015, the suit says, but Pacific did not conduct an investigation until 2017. Lal finally received a report on the investigation last June, the lawsuit says. According to the lawsuit, the confidential report by Pacific says Hawbaker \u201cadmitted to three of the claimed unwanted acts.\u201d The report, according to the lawsuit, concluded \u201cit is more likely than not that Professor Hawbaker did engage in additional unwanted touching and/or advances beyond those he admitted.\u201d Lal never filed a report with the university police or any law enforcement agency, his attorney said. Pacific\u2019s attorneys say the university did not learn of Lal\u2019s allegations until 2017 \u201cand promptly performed a thorough investigation.\u201d They say that Hawbaker retired in 2014 and afterward \u201chad absolutely no contact with plaintiff for a three-year period.\u201d And they say that after Hawbaker\u2019s retirement, he had \u201cno role or responsibilities with Pacific.\u201d Lal\u2019s suit alleges he was a victim of \u201csexual harassment, assault, battery and intentional infliction of emotional distress\u201d at the hands of Hawbaker, most of it from 2013 to May 2014, when Hawbaker retired. But it says Hawbaker continued to frequent the Pacific campus after retiring, and continued his alleged troubling behavior toward Lal. The university says help is available for victims of the type of abuse Lal says he suffered. \u201cMembers of the Pacific community who experienced sexual misconduct, or are aware of someone else who has experienced sexual misconduct, are urged to seek help,\u201d a statement said. Resources and support for members of the Pacific community are available at The parties are scheduled for a court conference June 14. Berreth has said if the case goes to trial, he will seek a judgment in the \u201c$4 million range, including punitive damages.\u201d The attorney previously has said he believes a settlement is possible. Contact reporter Roger Phillips at (209) 546-8299 or [email protected]. Follow him on Twitter @rphillipsblog.", "8187_103.pdf": "Home \ue803Students \ue803Student Sues University of the Pacific Over Sexual Harassment University of the Pacific student is suing the school and a retired research librarian over allegations of sexual assault. 34-year-old Ph.D. scholar Amit Lal has accused ex-librarian Craig Hawbaker of sexual abuse, harassment, and emotional distress, which took place between 2013 until 2017. \u201cMost of the wrongful conduct occurred in 2013 through the summer of 2014 \u2013 when Hawbaker retired. However, the harassing conduct continued into 2015. Despite his retirement, Hawbaker would frequent Pacific\u2019s Stockton campus in 2015,\u201d the lawsuit reads. \u201cIn 2015, there were numerous incidents where he attempted to flag down Amit by waiving his arms and hands at Amit.\u201d Lal filed a complaint against Hawbaker with university officials in 2015. However, the school did not open an investigation into the case until 2017. The Student Sues University of the Pacific Over Sexual Harassment By Staff Writer February 11, 2019 lawsuit alleges the university of knowing about the librarian\u2019s inappropriate sexual behavior but doing nothing to address his conduct. \u201cAmit brought his complaint to multiple university employees constituting numerous incidents of actual or constructive notice to Pacific,\u201d the lawsuit states. \u201cDespite Amit sufficiently notifying, verbally and in writing, Pacific through multiple employees, Pacific failed to take timely action and misrepresented to Amit that they had taken care of the issue and that Amit was safe.\u201d Amit is seeking $4 million in damages if the case goes to trial. Meanwhile, the university has declined to comment on the litigation and has said that it takes all cases of sexual misconduct seriously. \u201cPacific cannot comment on litigation out of respect for the privacy rights of the parties involved, and to protect the integrity of the legal process,\u201d the university said in a statement. \u201cPacific seeks to create a community where people can work and pursue their interests in a safe and respectful environment free from any form of sexual misconduct \ue809"} |
7,410 | James Braxton Peterson | Lehigh University | [
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Miller claims that when the university put her into this position when she was not ready, it subjected her to \u201ca hostile environment of intimidation and harassment,\u201d her lawsuit reads. Miller also alleges that she was sexually harassed by Peterson while she was interviewing for her job. According to her, Peterson made inappropriate comments to her and called her late at night about the position. In 2013, Peterson took Miller to a restaurant alone where he asked her to sit on his lap and kiss him, and rubbed her leg under the table, according to the lawsuit. Miller alleges that after she was hired, he continued to harass her, but as a pre-tenure scholar, she felt too vulnerable to make a formal complaint against him.", "7410_102.pdf": "Flash Sale! Unlimited Digital Access - $5 for the first month Reeling from sex scandal, Lehigh University let black professor be \u2018sacrificial lamb,\u2019 suit alleges Updated: Mar. 14, 2019, 5:04 p.m. | Published: Mar. 14, 2019, 10:14 a.m. By Sara K. Satullo | For lehighvalleylive.com Lehigh University associate professor has filed a federal lawsuit alleging that the Bethlehem school used her as a \u201csacrificial lamb to its own racial agenda\u201d during a sexual misconduct scandal that forced the resignation of a prominent professor. Subscribe Lehigh University professor Monica Miller (Courtesy photo) Professor Monica R. Miller was among the victims of sexual harassment by James Braxton Peterson, according to her lawsuit. Peterson was Lehigh\u2019s former director of Africana studies and an English professor. Both Miller and Peterson are black. Peterson resigned in January 2018 after an internal Lehigh investigation into allegations of sexual and other misconduct. Miller alleges she was subject to unlawful discrimination and retaliation due to her race and gender and seeks actual and punitive damages as well pay and benefits. Lehigh University responded to the suit with a statement Thursday morning. \u201cThe university has reviewed the complaint and is prepared to defend the matter,\u201d the statements reads. \u201cThe university is committed to an environment that is safe and free from all forms of discrimination.\u201d Peterson didn\u2019t immediately return a message seeking comment. Miller\u2019s lawsuit alleges that Lehigh University leadership turned a blind eye to Peterson\u2019s misconduct for years in order to present itself as progressive and at the forefront of racial and diversity issues on campus. \u201cLehigh sacrificed vulnerable young women, who they permitted to be abused, because its image as an unbiased and racially diverse college was more important,\u201d the suit alleges. Tackling Peterson\u2019s misconduct opened up the South Side Bethlehem school to allegations of racial discrimination that it could not afford given its complex history with race, according to the filing. Lehigh was actively being monitored by the U.S. Department of Education\u2019s Office of Civil Rights in a 2014 voluntary compliance agreement stemming from a complaint filed by an alumna. It alleged the university did nothing to prevent an environment of racial hostility on campus and came in the wake of an act of racially charged vandalism at House, a multicultural dormitory. \u201cPeterson was the de facto diversity spokesperson always praising Lehigh for its diversity initiatives,\u201d the lawsuit states. \u201cThis is the main reason Lehigh ignored the fact, despite overwhelming evidence, that Peterson was a serial sexual harasser and predator of young women, and other employees.\" Miller\u2019s sexual harassment allegedly began in 2013 as she applied to become an assistant professor of religion and Africana studies. Peterson would call her late at night under the pretense of discussing the job and made inappropriate comments, the suit states. When Miller came to campus to interview, Peterson took her alone to a restaurant where he asked her to sit on his lap and to kiss him, the suit alleges. Miller refused his advances, but Peterson allegedly ignored her and began rubbing her leg under the table. During the dinner, he FaceTimed a mutual colleague to celebrate Miller being on campus for the video and commented on how sexy Miller\u2019s high heels were, the suit states. After the meal, Peterson dropped Miller at Hotel Bethlehem and offered to buy her a drink at the bar. Miller felt pressured into accepting and stayed in close contact with her then- boyfriend via text, the suit states. Peterson allegedly tried to kiss her and she turned her head. After the interview, Peterson repeatedly called her and intimated that if she received a job offer it would be due to his intercession, the suit states. He offered her the job alone via a phone call. In April of 2013, Peterson sent Miller a Tiffany\u2019s gift certificate for her birthday. Over the first three years of working at Lehigh, Peterson continued to sexually harass her and Miller felt forced to be overly friendly to Peterson and frequently praise him in order to protect herself physically, the suit states. \u201cIt was Peterson\u2019s modus operandi to create an obligation on the part of the women he targeted,\u201d the suit states. \u201cPlaintiff felt ashamed, pressured, and too vulnerable, as a pre- tenure scholar, to make a sexual harassment report given the clear racially motivated power Lehigh had granted Peterson.\u201d The lawsuit says Lehigh knew about Peterson\u2019s sexual misconduct as early as 2011 but failed to address it until he was placed on leave in 2017. \u201cLehigh was willing to give Peterson a free pass on the sexual harassment until it could no longer do so, because it considered its diversity image more important than the women he was abusing,\" the suit says. Miller became director of Women, Gender and Sexuality studies in 2014. Starting Nov. 6, 2017, Lehigh forced Miller to take on Peterson\u2019s job duties and responsibilities while he was on paid administrative leave during the investigation. The suit says Lehigh ignored appointing more qualified white employees to take on Peterson\u2019s duties in favor of Miller, the \u201ctoken African-American\" so they could \"assuage any accusation that Peterson\u2019s suspension for sexual and other misconduct, was not racially motivated.\u201d Miller suffered under a heavy workload and the promotion opened her up to a hostile environment of intimidation and harassment from colleagues, according to the suit. But Lehigh ignored all of these issues in favor of checking multiple diversity boxes, the suit states. Miller was not paid extra money for her new duties and was repeatedly thrust into uncomfortable situations, like being directed to tell faculty and students to not contact Peterson. \u201cPlaintiff was to be used, for a critical time, as a puppet of racial diversity but thereafter would to be discarded and certainly, was never to be granted any permanent administrative position,\u201d the suit says. Lehigh professor accused of sexual misconduct resigns The lawsuit says Miller took a European sabbatical from July 2016 to July 2017. \u201cShe was \u2018forced\u2019 to take a pre-tenure sabbatical, after being awarded (early) tenure, due to the overwhelming stress and duress she was silently dealing with,\u201d her attorney Timothy Kolman said in an email. \u201cShe had to find a way to leave her post and get distance from the professional environment.\u201d When she returned to Lehigh, she claims she was subjected to aggression and hostility from colleagues at faculty meetings, the suit says. The lawsuit seeks extra pay for the uncompensated extra duties she took on after Peterson\u2019s dismissal. It seeks damages for the \u201cpain, suffering and humiliation,\u201d she suffered due to Lehigh University\u2019s alleged inaction. On Nov. 2, 2018, Miller filed a discrimination charge with the Equal Employment Opportunity Commission alleging racial and gender discrimination and retaliation and on Dec. 7 the commission issued a right to sue to Miller, according to the lawsuit. It demands that Lehigh be \u201cpermanently enjoined from discriminating or retaliating against\u201d Miller Blake Lively and Justin Baldoni\u2019s messy legal battle will be explored in new documentary Mar. 17, 2025, 5:05 p.m. Lehigh women\u2019s basketball wins Patriot League title, punches ticket to tournament Mar. 16, 2025, 7:41 p.m. The lawsuit was filed March 7 in federal court by Kolman, who is based in Pendel, Pa. Editor\u2019s Note: This story has been updated to include a statement from Lehigh University and the correct spelling of Miller\u2019s attorney\u2019s last name. Sara K. Satullo may be reached at [email protected]. Follow her on Twitter @sarasatullo and Facebook. Find lehighvalleylive.com on Facebook. 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All rights reserved (About Us). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Community Rules apply to all content you upload or otherwise submit to this site. YouTube's privacy policy is available here and YouTube's terms of service is available here. Ad Choices", "7410_103.pdf": "contributor resigns from Lehigh University amid sexual misconduct allegations James Peterson, a Lehigh University faculty member and contributor, has resigned from the school amid an investigation into multiple accusations of sexual misconduct. By Bobby Allyn \u00b7 January 16, 2018 b q Listen Live \u2022 All Things Considered James Peterson has resigned from Lehigh University amid sexual misconduct allegations. (Emma Lee/WHYY, file) k James Peterson, a Lehigh University faculty member and contributor, has resigned from the school amid an investigation into accusations of sexual misconduct made against him, according to an email sent by the provost\u2019s office to Lehigh faculty and staff on Tuesday. The email said top university officials became aware of the allegations lodged by \u201cmultiple individuals\u201d in November. In response, officials placed Peterson on paid leave. After completing the investigation into the claims, the report was provided to the school\u2019s provost, Patrick Farrell, who was about to decide whether to take disciplinary action. Before that decision could be made, however, Peterson informed the school he was \u201cunconditionally resigning his position immediately,\u201d according to the email sent to staff. While Peterson\u2019s resignation makes any punishment moot, Farrell determined that there is \u201csufficient cause\u201d to start a separate process that may result in Peterson\u2019s tenure being revoked. Peterson, 46, of Lansdowne, is still no longer permitted on the Lehigh campus, according to the provost\u2019s email. \u201cWe recognize that the individuals who came forward to report their experiences made difficult Share this decisions to do so. As a university, we affirm our commitment to providing a campus environment where all members of our community feel safe and supported,\u201d the email sent by Farrell\u2019s office stated to staff and faculty. Peterson did not return calls and emails seeking comment university official would not comment beyond what was stated in the email to Lehigh faculty. The number of accusers, and how they are affiliated with the school, remains unknown. Peterson was an associate professor of English and the director of Africana Studies at Lehigh. Before Lehigh, Peterson taught at Bucknell University, Princeton and Harvard. Peterson also founded Hip Hop Scholars, LLC, a group of hip-hop scholars devoted to researching the cultural impact of the genre, according to his Lehigh biography page, which the school has since removed. Peterson has often appeared on national television an as expert on politics, popular culture, and urban youth. In addition, Peterson has blogged for the Huffington Post and other publications. Peterson hosted the podcast \u201cThe Remix,\u201d which has been on hiatus since October. The podcast will no longer be distributed by in light of the allegations released Tuesday spokesman Art Ellis said. \u201cWe are not aware of any allegations against Dr. Peterson at WHYY,\u201d Ellis added. Peterson was selected to be a fellow focused on hip-hop studies at the W.E.B. Du Bois Research Institute at Harvard\u2019s Hutchins Center, starting in the spring of 2018. Officials from the Hutchins Center did not return questions about whether Peterson\u2019s resignation from Lehigh will affect his fellowship is your source for fact-based, in-depth journalism and information. As a nonprofit a b d Brought to you by NewsWorks Tonight NewsWorks Tonight NewsWorks Tonight was a daily radio show and podcast that ran from 2011-2018. It is no longer in production, but the show's archive is available online. You may also like organization, we rely on financial support from readers like you. Please give today Trump says Education Department will no longer oversee student loans, \u2018special needs\u2019 It was not clear, based on Trump's announcement, how or if the remaining employees and expertise at would be transferred to the Small Business Administration. 1 hour ago Former Penn swimmer Lia Thomas has been at the center of the transgender student athlete debate. 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Trump administration freezes $175M in funding to Penn over trans athlete policies \u201cThis is immediate proactive action to review discretionary funding streams\u201d to the University of Pennsylvania, a senior White House official told News. 2 days ago About Bobby Allyn b @bobbyallyn d [email protected] Read more Trump says Education Department will no longer oversee student loans, \u2018special needs\u2019 1 hour ago 5 takeaways from this week \u2014 from courts pushing back on Trump to wars overseas 3 hours ago Failed referendums leave Delaware school districts at a crossroads with teacher layoffs, sports cuts and program losses ahead 3 hours ago Enter your email here Subscribe Together we can reach 100% of WHYY\u2019s fiscal year goal provides trustworthy, fact-based, local news and information and world-class entertainment to everyone in our community offers a voice to those not heard, a platform to share everyone\u2019s stories, a foundation to empower early and lifelong learners and a trusted space for unbiased news. 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Initiative Contact Us Sponsorship Directions Public Files Applications Follow Us Sign up for a Newsletter i Privacy Policy Terms of Use for WHYY.org is partnered with a b \ued46 e", "7410_104.pdf": "\uf099 \uf09a \uf16d \uf167 \uf1bc AT: Home \u00bb News \u00bb Professor James Braxton Peterson, accused of sexual misconduct, resigns Search 16, 2024 20, 2025 19, 2025 Email address: Your email address Subscribe Unsubscribe Subscribe Enter your email address to receive notifications of each new posts by email. Email Address Subscribe Acceptance rate drops for fourth year in a row Bethlehem appoints first sustainability manager \uf0e6 12 In this Oct. 2, 2015, file photo, James Peterson, the director of Africana studies and a professor of English, sits in his office in Drown Hall. Peterson resigned from his position after he was accused of sexual misconduct by several individuals. (Cate Peterson Staff 16, 2018, 5:43 31, 2018, 11:04 Professor James Braxton Peterson, accused of sexual misconduct, resigns James Braxton Peterson, the director of Africana studies and a professor of English, has been confirmed as the Lehigh faculty member who was accused of sexual and other misconduct last semester, according to an email sent to faculty and staff by the Office of the Provost. The university conducted an investigation into allegations made by multiple individuals against Peterson, and investigators\u2019 reports were provided to Provost Patrick Farrell. Before Farrell made a formal decision about the case, Peterson informed the university he was unconditionally resigning his position. \u201cWhile Dr. Peterson\u2019s resignation made disciplinary action moot,\u201d the statement read, \u201c(Farrell), following his own review of the investigative findings, determined there was sufficient cause to initiate the process that could result in revocation of tenure and termination of employment.\u201d The university did not directly inform the student body about Peterson\u2019s departure. In the fall, Peterson was listed as the instructor for English 318, Contemporary Black Poetics. After the initial email was sent out to the campus community in November stating a faculty Save The Lehigh University Pub navigates its first month of service James Peterson, the director of Africana studies and a professor of English, appears regularly on as a contributor. Peterson\u2019s current status with the network has not yet been confirmed. (Courtesy of James Peterson) Professor James Braxton Peterson\u2019s profile on the English department website is captured in this Nov. 9, 2017, screenshot. The page is no longer available. member was on paid leave after being accused of sexual misconduct, the course instructor was changed to professor Monica Miller on the Lehigh Portal. Several individuals confirmed anonymously to The Brown and White last semester that they had reported Peterson for sexual misconduct. The Brown and White reached out to Peterson and President John Simon and has not received a response as of publication. Farrell, Lehigh University Police Chief Jason Schiffer and English department chair Dawn Keetley declined to provide further comment. Peterson was supposed to be on sabbatical this semester, as he was selected as the Spring 2018 Nasir Jones Hiphop Fellow at Harvard University\u2019s Hutchins Center for African and African American Research. According to the Hutchins Center website, the fellowship is given to those who \u201cdemonstrate exceptional capacity for productive scholarship and an exceptional creative ability in the arts, in connection with Hiphop.\u201d The Brown and White has not yet received a response regarding Peterson\u2019s fellowship status. As of Jan. 18, his page on the Hutchins Center website has been taken down. Peterson was hired by Lehigh in the summer of 2011 and, according to the Africana studies page, was \u201ccharged with reinvigorating and expanding the program in unprecedented ways.\u201d Under his leadership, a cluster of new faculty was hired between 2012 and 2015, and many new courses were added to the program. Peterson is the author of several books, including \u201cThe Hip Hop Underground and African American Culture,\u201d \u201cPrison Industrial Complex for Beginners\u201d and \u201cHip Hop Headphones Scholar\u2019s Critical Playlist.\u201d He founded Hip Hop Scholars, Inc., an association of hip hop generational scholars. He was an commentator and the host of \u201cThe Remix\u201d on Philadelphia\u2019s WHYY, as well as a contributor to various other publications. \u201cAs a result of the statement released today by Lehigh, (\u2018The Remix\u2019) will no longer be distributed by WHYY,\u201d wrote Art Ellis, the station\u2019s vice president for communications and member relations, in an email. As of publication has not yet responded to The Brown and White\u2019s request for comment regarding Peterson\u2019s status with the network. Peterson\u2019s pages have now been removed from Lehigh\u2019s website. Posts from @LUBrownWh ite Follow on The Brown@\u00b7 Feb 27, 2018 BREAKING: 83 percent of @LehighU faculty voted in support of a motion to rescind @realDonaldTrump's honorary degree. The results of the electronic vote will be conveyed to the board of trustees. 202 4.7K The Brown@\u00b7 Feb 27, 2018 Replying to @LUBrownWhite @LehighU and @realDonaldTrump Clarification: 83 percent of *voting* faculty supported the motion. 75.6 percent of total faculty participated in the vote. 35 875 The Brown @\u00b7 Jan 8, 2021 BREAKING: Lehigh Board of Trustees votes to rescind and revoke the honorary degree awarded to President Trump in 1988. The decision came after a special session of the Executive Committee on Thursday and was fully affirmed earlier today. 24 663 The Brown@\u00b7 Nov 5, 2024 Jonathan Groff, famous Glee actor, grew up in Lancaster and has been making his way through the crowd, thanking students for their votes and taking pictures with almost every student waiting on line. 3 283 The Brown@\u00b7 Nov 5, 2024 Jonathan Groff, famous actor and singer, is at the Banana Factory encouraging voters to stay in line was actually canvassing for Kamala and got a call about Comment policy Comments posted to The Brown and White website are reviewed by a moderator before being approved. Incendiary speech or harassing language, including comments targeted at individuals, may be deemed unacceptable and not published. Spam and other soliciting will also be declined. The Brown and White also reserves the right to not publish entirely anonymous comments. 12 on 16, 2018 8:38 on 16, 2018 9:46 on 17, 2018 12:48 on 16, 2018 10:31 Post This post will be updated as more information becomes available. Anyone seeking support can contact University Counseling and Psychological Services by emailing incso@lehigh or calling 610-758-3880. Those experiencing harassment, discrimination, retaliation or sexual misconduct can contact the Equal Opportunity Compliance Coordinator, Karen A. Salvemini, at 610-758-3535 or the Lehigh University Police Department at 610-758-4200. Share this: 6 minute read Administration brief Crime issue Share 12 Save Print \uf469 Everything you need to know for Lehigh vs. Duke 21, 2025 Douglas Strange\u2019s 32-year legacy at Lehigh Athletics 20, 2025 Campus experiences access control outage 18, 2025 Very disappointing, especially in light of how prominent and well regarded Professor Peterson was in both the University community and beyond. Lehigh seems to have done all of the right things in investigating these allegations, seeing this matter through to an ultimate recommendation of termination regardless of Dr. Peterson\u2019s resignation, and being forthcoming rather than sweeping it under the rug. Thank you to President Simon, Provost Farrell, Frank Roth, Karen Salvemini, and others for your leadership in this \uf105 Thanks should go especially to the witnesses who reported the misconduct \uf105 Yes, you\u2019re right. Professor Peterson\u2019s esteem and regard, especially among the faculty and administration, afforded him credibility and, in turn, power that likely made it even more difficult for people to stand up and speak out. I\u2019m glad these witnesses had the fortitude to speak truth to power \uf105 how long this line was,\" Groff said was asked if would come and thank everyone staying and voting.\" 1 230 The Brown@\u00b7 Feb 27, 2018 Replying to @LUBrownWhite The student government body, @LehighSenate, voted today to support the passed faculty motion. 15 196 The Brown @\u00b7 Jul 10, 2020 BREAKING: Lehigh will be joining the Presidents' Alliance on Higher Education and Immigration's amicus brief to oppose the new policy on international students, Lehigh spokeswoman confirms 2 189 The Brown@\u00b7 Nov 5, 2024 record voter turnout has turned into a celebrity hotspot during the 5+ hour wait to vote outside of the Banana Factory. Wanda Sykes, famous comedian and actress, also visited Lehigh students during the wait, and offered her gratitude and photo-ops for nearly every student. 4 164 The Brown @\u00b7 Feb 6, 2020 Pete Souza, Obama's national photographer for his eight-year presidency, brought a sold-out Zoellner crowd to think, laugh and even tear up in his lecture to the campus community tonight bit.ly/2tBxca1 1 158 The Brown@\u00b7 Mar 14, 2021 Lehigh women's basketball wins its first Patriot League Championship since 2010 after defeating Boston University 64-54!! 2 142 The Brown@\u00b7 Nov 15, 2021 Happy rivalry week @TheLafayette. 2 110 The Brown@\u00b7 Mar 11, 2021 Lehigh women\u2019s basketball upsets No. 1 Bucknell to move on to the Patriot League Championship! Lehigh will take on Boston University on Sunday 108 The Brown @ \u00b7 Feb 1, 2021 It's a winter wonderland here at Lehigh today. 105 The Brown @\u00b7 Feb 5, 2018 BREAKING: Faculty from Lehigh\u2019s College of Arts and Sciences are calling upon the Board of Trustees to rescind President Trump\u2019s honorary degree, despite the board's previous decision to take \u2018no action.\u2019 More to come 12 85 The Brown @\u00b7 Apr 1, 2022 The Adirondack chairs are back on Lehigh\u2019s lawns. 86 The Brown@\u00b7 Feb 27, 2018 Replying to @LUBrownWhite @LehighU and @realDonaldTrump Read the story: bit.ly/2oFoK38 6 59 The Brown @\u00b7 Jul 14, 2020 The Trump administration has rescinded its order that international students taking courses online this semester must leave the United States. Story to come soon. 80 The Brown @\u00b7 Jul 13, 2020 BREAKING: Patriot League to cancel all fall sports 8 76 The Brown@\u00b7 Oct 19, 2022 The organization will be putting on a production of \u201cThe Lightning Thief,\u201d based on the novel by Rick Riordan, in March 2023. The student members have taken the lead of production planning and have faced challenges budgeting. thebrown Mustard \u2026 The Mustar 75 The Brown@\u00b7 Oct 16, 2021 C.J. McCollum\u2019s mother, Kathy Andrew\u2019s, accepted the young alumni award on his behalf at Lehigh\u2019s Leadership Recognition Dinner. McCollum was an associate editor of The Brown and White. 4 67 The Brown @\u00b7 Jul 12, 2021 Lehigh pitcher Mason Black was selected by the San Francisco Giants with the 85th pick in the Draft. 68 The Brown @\u00b7 Jun 6, 2018 BREAKING: Soterra, a team of d d i f undergraduate engineers from Lehigh, won $50,000 in the Anu & Naveen Jain Women\u2019s Safety competition. Lehigh E@\u00b7 Jun 6, 2018 Congratulations @SoterraSafety! @LehighU @LehighAlumni 66 The Brown @\u00b7 Sep 4, 2020 BREAKING: President John Simon will be stepping down effective June 30, 2021. 3 59 The Brown@\u00b7 Feb 27, 2018 Of the 357 faculty members who participated, 83 percent voted in support of the motion to rescind President Donald Trump's honorary degree: thebrownandwhite.com/2018/0 2/27/leh\u2026 12 48 The Brown@\u00b7 Nov 2, 2020 Big news for our publication 2019 investigation into allegations of sexual misconduct on Lehigh's track and field team \u2014 and the response from administration \u2014 won a national honorable mention for \"Best Sports Investigative Story\" from @collegemedia's Pinnacle Awards. 1 55 The Brown @\u00b7 May 2, 2017 | Lehigh Football senior @NShafnisky to join the Philadelphia @Eagles rookie minicamp thebrown Nick Sha \u2026 Lehigh footbal 55 The Brown@\u00b7 Nov 5, 2024 Student and local voter organizations offer pizza, snacks and encouraging dances of support. 51 The Brown@\u00b7 Apr 21, 2021 Lehigh has announced that the COVID-19 vaccine will be required for all undergraduate and graduate students participating in on-campus programs in the fall. thebrown \u2026 On April 21, 51 The Brown@\u00b7 Nov 4, 2020 UPDATE: With all ballots counted in critical Northampton County, Joe Biden beat President Trump by about 700 votes. Statewide, Trump still leads by about six percentage points \u2014 with about 750,000 mail-in ballots still to be counted. 2 50 The Brown@\u00b7 Jun 10, 2020 BREAKING: Lehigh announces initial plans for fall 2020 \"phased return\" to campus. thebrown BREAKIN\u2019 \u2026 Lehigh has 3 54 The Brown@\u00b7 Apr 16, 2021 Mason Black, who is largely predicted to be the first-ever first-round pick in the Draft in Patriot League history, wasn\u2019t always on the mound. He played catcher until his junior year of high school. thebrown Mason \u2026 Zero balls, 51 The Brown @\u00b7 Jul 27, 2020 e o @ Ju , 0 0 BREAKING: The Lehigh Psychology Department announced in an email to majors that all department courses will be conducted entirely remote this semester. No on-campus participation is required. The only exceptions are two 200-level courses. 1 47 The Brown \u00b7 Nov 30, 2024 Lehigh football earned their first playoff win since 2011 with their 20-16 road victory against Richmond. thebrown Lehigh de \u2026 The Lehigh 51 The Brown@\u00b7 Mar 15, 2021 No. 13 Lehigh women\u2019s basketball will play No. 4 West Virginia on Sunday at 8:00 p.m. in the first round of the Tournament. 44 The Brown@\u00b7 Nov 5, 2024 The last voter in line at the Banana Factory stepped into the booth to cast his vote at 9:31 p.m. 2 43 The Brown@\u00b7 Feb 27, 2018 UPDATE: Student Senate also announced its support of the faculty motion to rescind @realDonaldTrump's honorary degree from @LehighU, and requested a written explanation should the board of trustees choose not to vote in its favor. bit.ly/2oFoK38 6 34 The Brown @\u00b7 Mar 9, 2018 There are currently 30 female editors on the Brown and White, including the Editor in Chief @jazberry. Klaudia is one of many women to lead this publication, in fact, the past 9 EICs of the Brown and White have been female. #internationalwomensday #WomenInJournalism and 6 others klaudia ja\u017awi\u0144ska 41 The Brown@\u00b7 Nov 17, 2019 The crowd\u2014unofficially the largest men\u2019s soccer crowd in program history\u2014did its part during the game, and Lehigh fans stormed the field after the final whistle confirmed Lehigh\u2019s first Patriot League Championship title since 2015. thebrown Men\u2019s so \u2026 While the 42 The Brown@\u00b7 Aug 26, 2017 Welcome to @LehighU, Class of 2021!! #lehigh21 1 41 The Brown@\u00b7 Sep 16, 2020 BREAKING: Patriot League announces new partnership with @espn 2 44 The Brown@\u00b7 Nov 4, 2020 There are still more than 1.3 million mail-in ballots to count in Pennsylvania 42 The Brown@\u00b7 Apr 21, 2022 Kyle Neptune, '07, has been named head coach of the Villanova men's basketball team. Neptune played basketball for four years at Lehigh and spent 10 years as a video coordinator and assistant at Villanova. Neptune spent the last year as the head coach of the Fordham program. 1 42 The Brown@\u00b7 Nov 13, 2020 BREAKING: Pennsylvania Secretary of State Kathy Boockvar announced she will not order a recount and recanvass of election returns in h i f the state as no margin of victory was less than one-half of one percent for any statewide race, including president or attorney general. 37 The Brown@\u00b7 Nov 3, 2020 It\u2019s not yet 8 a.m., and the line at Broughal Middle School, another South Side polling location, goes to the end of the block. #LVVOTES2020 2 37 The Brown@\u00b7 Feb 27, 2018 x.com/i/moments/9686\u2026 20 41 The Brown @\u00b7 Aug 9, 2021 BREAKING: Lehigh has released the first round of data on student COVID-19 vaccination statuses - reporting 85.6 percent of students are fully vaccinated with two weeks until the beginning of the fall semester. 1 40 The Brown@\u00b7 Sep 14, 2017 BREAKING: @LehighPD Chief Edward Shupp will retire on Jan. 2, 2018 38 The Brown@\u00b7 Sep 11, 2014 Organized by @LehighSenate, @LehighU students planted 2,977 American flags to honor the lives we lost 13 years ago 2 37 The Brown @\u00b7 Nov 7, 2020 BREAKING: Joe Biden wins Pennsylvania, making him the 46th President of The United States. #APracecall The Assoc \u00b7 Nov 7, 2 38 The Brown @\u00b7 Jul 13, 2021 Lehigh pitcher Matt Svanson was selected by the Toronto Blue Jays with the 392nd pick in the Draft. 42 The Brown @\u00b7 Dec 4, 2015 Junior @MatthewBonshak discusses his transition from @LehighBaseball to @LehighWrestling bit.ly/1TGUI7a 1 38 The Brown@\u00b7 Nov 5, 2024 voter who was allegedly in line at the Banana Factory for over six hours, passed out in front of the polling machines sometime before 5 p.m. Paramedics were called to the scene to attend to her. They left the polling location at 5:22 p.m. 1 35 The Brown@\u00b7 Nov 20, 2021 Lehigh beat Lafayette 17-10 winning Rivalry Game 157. 34 The Brown \u00b7 May 30, 2020 LIVE: Protesters make their way to City Hall on Bethlehem's North Side. 32 The Brown @\u00b7 Jul 31, 2020 BREAKING: Lehigh announces new plans for fall semester. On-campus housing will be limited to mostly first-year students. All students will be assigned to single rooms assigned to single rooms. Hybrid courses are still in effect. 1 38 The Brown @\u00b7 Aug 6, 2021 BREAKING: All faculty and staff will now be required to receive the COVID-19 vaccine. 1 34 The Brown@\u00b7 Dec 4, 2020 Officially introducing the Spring 2021 Vol. 140 editorial staff. This talented group of editors will officially take over in two weeks after final exams! (Alex Silber Staff) 1 39 The Brown@\u00b7 Jan 16, 2019 Today marks 125 years of The Brown and White. Past and current managing editors and editors in chief reflect on journalism and The Brown and White. bit.ly/2SY41p3 38 The Brown@\u00b7 Feb 21, 2020 Lehigh wrestling upsets No. 5 Arizona State University in front of a sold out crowd at the at Leeman-Turner Arena at Grace Hall 37 The Brown@\u00b7 Jul 22, 2020 BREAKING: Lafayette College announces all fall semester courses will be offered online and the majority of students will study from home 35 The Brown@\u00b7 Aug 6, 2020 Our editorial: thebrown Editorial: \u2026 Two month 4 36 The Brown@Dec 22 2020 The Brown@\u00b7 Dec 22, 2020 INVESTIGATION: Our reporters @emmasatin + @jordanwolman have been looking into the College of Health for the past two months, prior to Whitney Witt\u2019s resignation. thebrown Exc\u2019 \u2026 In Januar 1 37 The Brown@\u00b7 Feb 25, 2021 BREAKING: University Communications has announced plans for an in- person commencement ceremony this May. Details to come 37 The Brown@\u00b7 May 22, 2021 The Class of 2020\u2019s commencement cceremony was held on May 22, one year after their ceremony was canceled due to COVID-19. 35 The Brown@\u00b7 Nov 19, 2016 The @LehighFootball wins 45- 21 to take home the Rivalry trophy for the second straight year #LafayetteBeat 34 The Brown@\u00b7 Oct 12, 2016 The @LehighFootball offense will look to continue its impressive play of late when the Mountain Hawks take on @HoyasFB this weekend. and 5 others Shaf 1 35 The Brown @\u00b7 Jan 5, 2022 Join us in welcoming the Spring 2022 editorial staff for The Brown and White! This talented group of editors will take on the Lehigh news next semester huge congratulations goes out to both new and returning staff members! 37 The Brown @\u00b7 Jan 2, 2021 Marques Wilson hits a last- second game-winning three- pointer to put Lehigh up 90-89. The Mountain Hawks get their first win of the season! 34 The Brown@\u00b7 Jun 28, 2021 BREAKING: Masks and social distancing are no longer required for vaccinated individuals on Lehigh's campuses, with a few exceptions. 34 The Brown@\u00b7 May 31, 2020 \"Be aware not only of your surroundings, but of the surroundings of your black peers, too. Learn to see the problems they face on a regular basis, and stand with them. Don\u2019t be silent. Take action.\" thebrown Edit desk remem 1 34 The Brown@\u00b7 Feb 27, 2017 Op-Ed: @LehighMBB senior Tim Kempton was robbed of the @PL_MBB Player of the Year award thebrown Op-Ed \u2026 \u201cFor the third 1 32 The Brown@\u00b7 Nov 5, 2024 At 9:12 p.m., the Banana Factory closed doors for the last voter to enter the building and cast their vote. 1 33 The Brown@\u00b7 Mar 10, 2024 For the first time since 2017, the Lehigh men\u2019s basketball team is one game away from March Madness. thebrown Lehigh m\u2019 \u2026 Lehigh men\u2019s 1 34 The Brown@\u00b7 Aug 27, 2020 Check out a sneak preview of our front cover for our first print issue of the semester!! Our print product comes out every Tuesday and Friday for free around campus or with a subscription. 2 28 The Brown@\u00b7 Nov 6, 2020 UPDATE: Joe Biden now leads President Trump by about 5,500 votes in Pennsylvania. Our count shows there are only about 50,000 mail-in ballots left to count in the state. If results hold, Pa. would give Biden the electoral votes needed to become the next president. 30 The Brown @\u00b7 Nov 6, 2021 Lehigh\u2019s running backs score five touchdowns as The Mountain Hawks stifle Bucknell 38-6. This is the program\u2019s first win since Oct. 26, 2019. 32 The Brown@\u00b7 Sep 14, 2020 COVID-19 Dashboard Update: Lehigh is reporting seven positive cases in the positive cases in the Bethlehem area, with zero on- campus. No students are in isolation. Twenty-eight students are in quarantine, all of which are off-campus. 1 30 The Brown@\u00b7 Jul 23, 2020 Lehigh will communicate details of their approach for Fall 2020 no later than Aug. 3 according to Provost Nathan Urban school wide email was sent on July, 23rd 2020. 1 32 The Brown @\u00b7 Oct 2, 2020 BREAKING: Lehigh classes will be remote for the next two weeks thebrown \u2026 All under 1 30 The Brown@\u00b7 Nov 21, 2014 Students from @LehighU's @marching97 braved the cold for some air time on the @TODAYshow this morning #Rivalry150 31 The Brown@\u00b7 Nov 6, 2020 Susan Wild has won a second term representing the Lehigh Valley in Congress @\u00b7 Nov 6, 2020 \u2026 BREAKING: Democrat Susan Wild wins reelection to U.S. House in Pennsylvania's 7th Congressional District. 32 The Brown@\u00b7 Nov 17, 2020 BREAKING: Pennsylvania just announced record voter turnout in the 2020 election for the state. Among the state's voting-age population, 70.93 percent of Pennsylvanians voted. The y previous record was in 1960 with a 70.3 percent turnout. 31 The Brown@\u00b7 Nov 9, 2020 Tomorrow's front cover Pick up a copy on campus or on the South Side! 2 27 The Brown@\u00b7 Sep 28, 2020 Letter to the editor: Rescind Trump's honorary degree thebrown Letter to was 1 26 The Brown@\u00b7 Jun 23, 2017 | @LehighMBB alum Tim Kempton (@kempton_timothy) will play for the Milwaukee @Bucks in the @NBASummerLeague thebrown Tim Kem \u2026 Former Lehigh 1 31 The Brown@\u00b7 Nov 24, 2020 NEW: Pennsylvania has officially certified the results of its election, affirming Joe Biden's win over President Donald Trump by about 80,000 votes in the Keystone State. 29 The Brown@\u00b7 Nov 26, 2024 The Lehigh football team sold out its 160th matchup against Lafayette on Saturday. It was the first time college football\u2019s most-played rivalry surpassed the 16,000-fan capacity at Goodman Stadium since 2013. thebrown Lehigh La \u2026 The Lehigh 32 The Brown@\u00b7 Apr 27, 2019 Lehigh senior running back Dom Bragalone has been invited to the New York Giants rookie minicamp, according to @docmasse. @D_B_lll_32 is @LehighFootball\u2018s career touchdown leader with 52. 1 30 The Brown @\u00b7 Nov 7, 2020 NOW: Rally in downtown Allentown on day Joe Biden clinches presidency 29 The Brown@\u00b7 Nov 23, 2024 Lehigh defeated Lafayette 38- 14, earning a share of the Patriot League title and securing an playoff berth, the team's first since 2017. thebrown Lehigh de \u2026 The scent 1 31 The Brown@\u00b7 Jan 31, 2018 We're back! First press night of the year! We're excited to bring you all of Lehigh's news first! 4 26 The Brown@\u00b7 Oct 19, 2020 Already, Sean Buchanan has formed strong connections, implemented effective training methods and brought optimism and energy to the team. thebrown Sean Buc\u2019 \u2026 Sean Bucha 1 30 The Brown @\u00b7 Jul 29, 2021 BREAKING: Masks will now be required to be worn in indoor spaces by both vaccinated and unvaccinated individuals. The new masking policy will start Aug. 2. 25 The Brown@\u00b7 Sep 11, 2021 Members of the Lehigh community planted flags on the front lawn to honor the 20th anniversary of Sept. 11. 27 The Brown@\u00b7 Sep 29, 2020 BREAKING: All Lehigh sports are shut down for an undefined period of time. Updates to come. 1 28 The Brown@\u00b7 Jun 26, 2020 \"The Lehigh University administration is in a constant state of contradiction.\" Our editorial: thebrown Editorial: \u2026 On Friday, 2 27 The Brown@\u00b7 Aug 10, 2020 Exclusive: Lehigh's tuition discount didn't drop the price one bit for students on need- based financial aid \u2014 about 40 percent of the student body thebrown Lehigh en \u2026 As the deadli 26 The Brown @\u00b7 Jul 28, 2021 Managing editor Katie McNulty covered President Biden's arrival at the Lehigh Valley International Airport. Biden went to Mack Truck Operations and spoke about the importance of American manufacturing. 27 The Brown@\u00b7 Jan 13, 2021 BREAKING: President Trump is impeached by the House following a 232-197 vote. The impeachment is the most bipartisan in American history with 10 republicans voting in favor. Trump is the first president to be impeached twice. 1 25 View more on on 17, 2018 2:55 on 17, 2018 9:25 on 17, 2018 9:33 on 17, 2018 1:24 on 17, 2018 5:21 would hope this sends a very strong message that at Lehigh this type of behavior will not be tolerated by any member of the academic, support or student population \uf105 Where are the accusers? Where are the charges and mandated law enforcement investigation police investigation is mandated to occur concurrent with institutional internal investigations? No accusers, no victims, no law enforcement investigation, no charges? Lehigh has a history of a pattern and practice of the abuse of employees of color. Black leadership has been documented to disappear without notice or word over vacation breaks. Former black administrators report persecution by their white counterparts as they silently resign or face termination and sanction as a result of their activism and advocacy. Please readers, question things and do not accept what is disseminated as truthfulness. If you do then mission accomplished. Schools can be tricky. Keep this in mind. In Solidarity, Susan \uf105 Who, exactly, are you in solitary with, Susan meant to type \u201csolidarity\u201d in that comment \uf105 Susan, it\u2019s really unfortunate that you\u2019re blaming the several victims who came forward to report Dr. Peterson\u2019s actions. This has nothing to do with race and has everything to do with sexual assault and power. Are you suggesting that Lehigh should not have taken these allegations seriously because they were made against a black professor and instead should have kept Dr. Peterson in his position because Lehigh lacks an abundance of professors of color don\u2019t think you are, but see how can shift the focus from sexual assault to racial diversity and discrimination just as easy as you did expect better from someone who was among the first cohorts of women to attend Lehigh and who cares enough about the climate at Lehigh to have filed a civil rights complaint against Lehigh with the U.S. Department of Education. Neither this article, nor the email to faculty and staff, addressed whether criminal charges had been or would be filed. We don\u2019t know the nature of the allegations or whether there is enough to prosecute \uf105 Perhaps Lehigh does have a history of abusing employees of color. But it certainly also has a history of being hostile to of color. So, Susan, would you have the university ignore the complaints of students of color- students already vulnerable in a campus community that has a spotty track record when it comes to supporting them- in favor of protecting the reputation of an employee of color who was already protected by the tenure process, a national reputation, and his hefty salary on 17, 2018 7:46 on 11, 2022 9:35 on 13, 2018 3:13 Your Comment Your Name Your Email Please, Susan, question things and do not accept your own disseminated unfounded conclusions as truthfulness. If you do- then mission accomplished. Sexual harassment can be tricky when it intersects with hypocrisy. Keep this in mind- \u201cIndividual heterosexual women came to the movement from relationships where men were cruel, unkind, violent, unfaithful. Many of these men were radical thinkers who participated in movements for social justice, speaking out on behalf of the workers, the poor, speaking out on behalf of racial justice. However when it came to the issue of gender they were as sexist as their conservative cohorts.\u201d \u2013 bell hooks, Feminism is for Everybody Best, Solidarity BACK! This is about power and privilege. Period don\u2019t understand. He\u2019s an adult, they are adults. What misconduct? This person has been accused and then he resigned. Nobody ever said what he did. Why would believe the allegations? I\u2019m supposed to just believe the allegations based on the word \u201cmisconduct\u201d with no details? Guilty until proven innocent, is that it \uf105 It is regrettable that Dr. Robertson resigned as a result of sexual misconduct . There can be no favoritism or confusing racial advancement with misconduct . When that happens we as a free society will suffer greatly. As a black male must stand against the mistreatment of women , children , minorities etc. Chauncey Jones The Brown and White is Lehigh University\u2019s student newspaper based in Bethlehem, Pennsylvania. The newspaper covers Lehigh University news and the surrounding Bethlehem area, and it aims to serve as a platform for conversation and idea exchange Enter your email address to receive notifications of new posts in your inbox. Email Address Subscribe Copyright \u00a9 2025 The Brown and White | 'All the Lehigh News First Your Website Save my name, email, and website in this browser for the next time comment. reCAPTCHA I'm not a robot Privacy - Terms Notify me of follow-up comments by email. Notify me of new posts by email.", "7410_105.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 27 Oct 2023 03:27:24 All snapshots from host share download .zip report bug or abuse Webpage Screenshot Lehigh U. Scholar and Author Resigns Amid Sexual-Misconduct Investigation By Nell Gluckman 16, 2018 James Braxton Peterson is a prominent academic and commenter on popular culture. ames Braxton Peterson, an English professor and director of Africana studies at Lehigh University, has resigned from his position amid a sexual- misconduct investigation, according to an email sent to university faculty and staff members from the provost\u2019s office on Tuesday. Several people have made allegations of sexual and other types of misconduct against Mr. Peterson, the email said. He was placed on paid leave and barred from FEATURED: Student-Success Resource Center Sign In entering campus while the university conducted an investigation. On November 7, the Lehigh community was told that allegations had been made against a faculty member, but the professor was not identified then. Although the investigation of Mr. Peterson has been completed, Provost Patrick V. Farrell had yet to make a formal decision about what action, if any, to take against the professor when he resigned. However, Mr. Farrell \u201cdetermined there was sufficient cause to initiate the process that could result in revocation of tenure and termination of employment,\u201d the email said. Mr. Peterson is a well-known commentator on politics, race, and popular culture who has appeared on MSNBC, Al-Jazeera, CNN, and Fox News, and written for The Guardian, The Daily Beast, and other publications. He is the host of a podcast, \u201cThe Remix With Dr. James Peterson,\u201d and the author of The Hip Hop Underground and African American Culture, Prison Industrial Complex for Beginners, and Hip Hop Headphones Scholar\u2019s Critical Playlist. He is a spring 2018 fellow at the W.E.B. Du Bois Research Institute at the Hutchins Center at Harvard University, according to the center\u2019s website. An email to the center\u2019s director about Mr. Peterson was not immediately returned on Tuesday. Mr. Peterson could not be reached for comment. Mr. Peterson is the latest of several professors who have been accused of sexual misconduct in recent months. At Columbia University, the history professor William V. Harris retired in December as part of a settlement of a sexual- harassment lawsuit, and David R. Marchant, a professor of climate change and geology at Boston University, was put on paid leave after a harassment inquiry. Other investigations are still underway. Nell Gluckman writes about faculty issues and other topics in higher education. You can follow her on Twitter @nellgluckman, or email her at [email protected]. We welcome your thoughts and questions about this article. Please email the editors or submit a letter for publication. Nell Gluckman Nell Gluckman is a senior reporter who writes about research, ethics, funding issues, affirmative action, and other higher-education topics. You can follow her on Twitter @nellgluckman, or email her at [email protected] Latest News Newsletters Letters Free Reports and Guides Professional Development Virtual Events Chronicle Store Chronicle Intelligence Find a Job Post a Job About Us Write for Us Work at The Chronicle Our Reporting Process Advertise With Us Brand Studio Commitment Statement Accessibility Statement Manage Your Account Manage Newsletters Individual Subscriptions Institutional Subscriptions Subscription & Account Contact Us Reprints & Permissions User Agreement Terms and Conditions Privacy Policy California Privacy Policy Do Not Sell My Personal Informa 1255 23rd Street, N.W. Washington, D.C. 20037 \u00a9 2023 The Chronicle of Higher Education Sexual Harassment and Assault in Higher Ed: What\u2019s Happened Since Weinstein Complete Culture of Sexualization\u2019: 1,600 Stories of Harassment in Higher Ed Twitter Instagram Youtube Facebook Linkedin"} |
7,556 | Corey Humphries | Shorter University | [
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] | {"7556_102.pdf": "5352-b672-1f3987101466.html Former employee files suit against Shorter \u2022 The former Assistant Director of Campus Safety filed suit alleging \"discrimination and retaliation\" in his termination. By Spencer Lahr [email protected] Sep 18, 2018 Attorneys representing the former assistant director of campus safety at Shorter University have filed a lawsuit seeking monetary damages from the university for its alleged \"discrimination and retaliation\" in firing him late last year. The civil lawsuit on behalf of James Hall, a 17-year Shorter employee, was filed in Floyd County Superior Court earlier this month. The suit follows Hall's attorney Jason Sanker's request for the right to sue from the U.S. Equal Employment Opportunity Commission, which approved the request Aug. 17, more than 180 days after the charge was filed with their office. According to the lawsuit: Hall had been tasked with investigating allegations of sexual battery brought by then-Director of Campus Safety Paula Penson against then-Vice President of Student Affairs Corey Humphries. The allegations from Penson concerned \"inappropriate and unwelcome sexual advances\" by Humphries, as well as his making a hostile work environment after the incident. Penson had reported Humphries' actions to the university's human resources department on Oct. 17, 2017, and then filed a written complaint with the department several days later. In early November 2017, Hall met with Shorter President Donald Dowless to share the findings of his investigation. In that meeting, Hall shared \"various text messages and pictures corroborating Mrs. Penson's allegations regarding Mr. Humphries,\" the lawsuit stated. Privacy - Terms In response to what Hall shared, Dowless asked him \"how can we make this go away?\" according to the lawsuit. Humphries stayed in his position up until he resigned on Nov. 8, 2017, \"after reports of the sexual battery and harassment were made public via a (Rome) police report filed by Paula Penson,\" the lawsuit stated. \"It is clear that (Hall) was the victim of retaliation for having reported Mr. Humphries' behavior to (Shorter),\" the lawsuit stated. On Dec. 13, Hall received notice of his termination along with a letter from Lance Moore, the director of auxiliary services, that he was fired for \"disclosing confidential information to a local news agency.\" The letter came the day after a story in the Rome News-Tribune quoted Hall concerning his investigation and the inconsistent actions from the university in responding to allegations against Humphries and a complaint against former cheerleading coach Chad Reid. Reid was put on administrative leave and eventually fired though an investigation by campus safety found the sexual harassment complaint against him lacked any evidence to support it. Humphries was never put on administrative leave when the allegations from Penson came out \u2014 the conflict investigator found he did violate the university's policy \"against inappropriate touching\" and \"would have been subject to disciplinary action\" if he had still been employed there, according to documents provided to the newspaper. The lawsuit disputes the university's claim in terminating Hall that he disclosed confidential information and violated its \"zero-tolerance policy\" in the article. It stated Hall did not release any information about student conduct in the article, and he did not provide \"near the level of detail that Paula Penson did in her interview with Channel 2 News,\" which aired in October 2017. \"Despite her interview with Channel 2 News and other media outlets, Ms. Penson remained employed by (Shorter) thereafter despite (Shorter's) so-called 'zero-tolerance policy' regarding sharing confidential information with news agencies,\" the lawsuit stated. Penson was fired two months later, for \"insubordination and failure to follow university policy,\" according to her termination letter. She now works at the Floyd County Sheriff's Office. The lawsuit alleges Hall \"was intentionally and maliciously discriminated against on the basis of his race and/or gender,\" and retaliated against, violating his protections under the Civil Rights Act. In seeking comment from Shorter concerning the lawsuit, spokeswoman Dawn Tolbert said: \"It is the University's policy not to comment on personnel matters.\"", "7556_103.pdf": "Posted by Staff Reports | Nov 7, 2017 | Floyd News | 0 242 North 5th Avenue Rome 30165 Email: news@coosavalle ynews.com Phone: (706) 331- 7098 Select Category \ue61a \ue623 \ue60f \ue614 An investigation has been launched into a sexual battery claim against the Vice President of Student Affairs at Shorter University Corey Humphries Reports stated that the alleged victim said that Humphries became \u201chandsy\u201d with her when he massaged her shoulders, played with her hair and touched her inner thighs and private area with his hands. The complainant said that the assault occurred in July as they and others worked out in the school gym. Reports went on to say that she told Humphries to stop before leaving the gym. It was later the report stated that Humphries verbally harassed the victim numerous times. The victim said that she reported the incident to Shorter University\u2019s department; however, she stated that the harassment continued the next day. The victim said that she then tried to speak with University President Don Dowless but was informed that he had \u201can attorney take over the investigation\u201d. On October 25, the victim also filed a written complaint with the human resources department stating that Humphries \u201csuddenly began to be very callous towards her and had an attitude and demeanor that he might physically harm her.\u201d According to the victim, it is standard procedure at the school for a person with a harassment complaint to be placed on leave until the investigation is complete. As of press time Humphries was still working at the school. Humphries came to Shorter in July 2012 after having worked as the Assistant Dean of Campus Life at Charleston Southern University SHARE: RATE: Rockmart Man Charged with Felony Shoplifting Rome Man Attempted to Stab Another to Death $100 DAY! 00:00 00:00 Savings Corner Tony Potts Mindset Body and Reset Select Month \ue61a \ue614 \ue623 Designed by Elegant Themes | Powered by WordPress \ue61a\ue623\ue60f\ue614", "7556_104.pdf": "\[email protected] (mailto:[email protected]) \uf095 (404) 961-7655 \uf09a ( \uf099 ( \uf0e1 ( \uf167 (https:// (index.html (CONTACT.HTML) Penn Law News 2017 2017 brings lawsuits, accusations to local schools, university Lawsuits against Darlington School and Floyd County Schools along with accusations of sexual and work harassment at Shorter University manifested in 2017. Darlington sexual abuse lawsuit dropped by plaintiffs; attorneys of plaintiffs say plans are to refile at a later date lawsuit was filed in late June, primarily by former students, and alleged sexual misconduct by a former Darlington School teacher, a former student and another man during the 1970s and 1980s. In the lawsuit, the former students had alleged they were sexually abused and the school did not step in to stop it when the incidents were reported. The lawsuit was filed just before the Hidden Predator Act, a 2015 law, expired. This law suspended the statute of limitations for civil suits against those accused of sexual abuse against minors. On Dec. 15, three days before a scheduled hearing, the plaintiffs had the suit dismissed without prejudice. This action allows for them to refile their complaint, something an attorney for the plaintiffs said would come at a later time. Darlington Head of School Brent Bell said in an emailed statement: \u201cAlthough the lawsuit has been dismissed, the school is committed to discovering the whole truth and will continue its fact-finding effort outside the legal process to investigate these claims of abuse.\u201d Attorney Darren Penn, of the Atlanta-based Penn Law Group, which is representing the plaintiffs, said, \u201cIn January, the Georgia Legislature will begin working to amend the existing Hidden Predator Act. \u201cWe will be working with our legislators during the 2018 legislative session to correct several serious flaws in that law main goal of theirs in seeking to amend the law is for it to hold entities liable when they may be complicit in the actions of an individual under the organization\u2019s domain. Darlington\u2019s motion to dismiss, filed in October, states the law arguably allowed for a revival of claims of abuse by an individual but did not allow for an entity, such as the school, to be sued under that law \u2014 so the normal statute of limitations should apply. Three lawsuits filed in federal court claim sexual, racial harassment by Floyd County Schools employee In August, three men filed lawsuits in federal court in Rome claiming their former supervisor at Coosa High School of subjecting them to severe and pervasive sexual harassment, and in one man\u2019s case, racial harassment as well. According to the lawsuits: The incidents occurred while James Cromer Sr., James Cromer Jr. and Edwin Howell were working as custodians at the school, under the supervision of Scott Justice, around the time of summer 2016. The three men made a formal complaint concerning Justice\u2019s actions towards them to Glenn White, the director of student services at Floyd County Schools, on Aug. 31, 2016. The lawsuit claims White did not investigate the claims and backed Justice when the men came forward. And rather than disciplining Justice, he transferred the three men to other schools at that time. Criminal complaints concerning the incidents have not been filed with police. At the time of the lawsuits being filed, Cromer Sr. and Justice still worked with Floyd County Schools, while Cromer Jr. resigned around the time of the alleged incidents and Howell retired in August joint motion to dismiss from Floyd County Schools and Justice was filed Oct. 3. It requested the Floyd County Board of Education be dismissed as a defendant in the lawsuits and that Justice, in an individual capacity, was immune from assault and battery claims. In an order filed Dec. 7 from Senior U.S. District Judge Harold Murphy, the Floyd County Board of Education was removed as a defendant in the lawsuit. \u201cUnder the circumstances present in this case, defendant is not a legal entity subject to suit,\u201d the order stated. \u201cGeorgia law is clear on this issue: a county board of education is not a body corporate and does not have the capacity to sue or be sued.\u201d From this same order, Justice\u2019s claim of immunity was denied. \u201cOfficial immunity does not bar plaintiff\u2019s assault and battery claims against defendant Justice in his individual capacity,\u201d the order stated. Lawsuit filed against Floyd County Schools calls for reinstatement of Fair Dismissal Act lawsuit against Floyd County Schools was filed in February by Rhonda Ware, a reading specialist with the system, the Floyd County Association of Educators and the Georgia Association of Educators. The lawsuit calls for the reinstatement of the Fair Dismissal Act and for an appeals process to an impartial third party be adopted for system educators facing dismissal. \uf007Source: Rome News Tribune () - \uf02bFirm: Penn Law Group (about.html) As a charter system, Floyd County Schools is allowed to bypass the Fair Dismissal Act under regulations passed by the Georgia Legislature. Last year, the board unanimously adopted a dismissal policy that provides teachers and administrators a three-level appeal process when they are facing dismissal. They may appeal first to the human resources director, then to the superintendent and then to the school board. The major difference between the and the new policy is that there is no longer an automatic appeal to the state board of education under Floyd\u2019s policy. Also, under the system\u2019s policy, administrators have the same appeal rights as teachers \u2014 which was absent under the FDA. In October 2016, board members approved an addition to the dismissal policy that allows teachers and administrators to have legal representation when appearing before the board. The plaintiffs contend the system\u2019s termination policy is at odds with the rights educators had previously earned under the FDA. In September, Floyd County Schools was removed as a defendant in the case and board members \u2014 Chip Hood, Tony Daniel, Melinda Jeffers, Melinda Strickland and Jay Shell \u2014 in their individual capacities are the current defendants. At the end of December\u2019s board meeting, Strickland made a motion to amend the system\u2019s charter \u201cto incorporate the elements/guidelines of the Fair Dismissal Act that gives the right of certified employees to appeal decisions from the local level to the Georgia Department of Education.\u201d No other board member seconded the motion. Strickland said it is her promise to teachers that as a board member she will push for the to be reinstated by the system. Shorter University vice president of student affairs resigns amidst allegations of sexual and work harassment Former Shorter University Vice President of Student Affairs Corey Humphries resigned Nov. 8 after allegations of sexual and work harassment made by Director of Campus Safety Paula Penson surfaced in a report she filed with Rome police a day before. The allegations concerned inappropriate touching by Humphries, a direct supervisor of Penson\u2019s, and nit-picking of her job performance and work ethics. Assistant Director of Campus Safety James Hall came forward to disclose how Humphries was treated differently, by not being put on paid administrative leave when Penson brought the allegations up to Shorter officials in verbal and written complaints, than another former employee, Chad Reid, who had been the head cheerleading coach. Reid had immediately been put on paid administrative leave while campus safety personnel, including Hall and Penson, investigated a sexual harassment complaint made against him, Hall said. However, even when the complaints against Humphries came out, he was not put on leave, he continued. This was the first time in Hall\u2019s 17 years at Shorter that an employee wasn\u2019t immediately put on paid administrative leave following a complaint being filed, he said. At the conclusion of the investigation of the complaint against Reid, they found \u201cthere was no evidence\u201d of sexual harassment and described the accusation as \u201creally so vague,\u201d Hall said, the three of them felt there was no reason for Reid needing to leave his position. However, despite the investigators\u2019 conclusion, Humphries made the call himself that Reid was to either resign or be terminated, Hall said. Reid made the decision to resign. Hall was fired by Shorter on Dec. 13, days after the report on the university\u2019s inconsistent handling of the two complaints ran in the Rome News-Tribune. Shorter claimed that Hall disclosed confidential information to the paper and cited it as the cause for his termination. According to documents provided to the Rome News-Tribune, an investigation, which concluded Nov. 29, by conflict investigator David Archer, who was appointed by the law firm representing Shorter, found Humphries actions didn\u2019t \u201crise to the level of sexual harassment under the law.\u201d However, the investigation did find Humphries \u201cviolated Shorter\u2019s policy against inappropriate touching\u201d The summary on the results of Archer\u2019s investigation written by President Donald Dowless stated that if Humphries had still been employed at Shorter \u201che would be subject to disciplinary action \u2026 up to and potentially including termination.\u201d Humphries would have been able to appeal any disciplinary action, the summary stated. However, since Humphries had already resigned by the time the investigation was complete and its findings shared, \u201cthere is no further action for Shorter to take,\u201d according to the summary. \u201cIn terms of moving forward, Shorter would like to make sure you are receiving any medical services or support you need, including psychological or counseling services,\u201d according to the summary. The summary goes on to state that for a year the university will pay for any of Penson\u2019s medical services that its insurance plan doesn\u2019t cover. One of Penson\u2019s major complaints was that Shorter had failed to reach out to her with her next step as a victim \u2014 no counseling opportunities or victim resources, no open door for reaching out. When they did, in the summary, over a month had passed from when she filed the complaints. About Penn Law Penn Law is the firm to call for complex civil litigation and trials \u2013 Lawyers from all over the country and every part of Georgia call Penn Law when they have complex legal cases requiring the highest and most proficient quality of legal representation for catastrophically injured clients and other complex cases. \uf09a ( \uf099 ( \uf0e1 ( \uf167 ( Practice Areas Recent Posts Tags Catastrophic injury (catastrophic-injury.html) \uf105 Trucking and Auto Accidents (trucking-auto-accidents.html) \uf105 Defective Products (defective-products.html) \uf105 Medical Malpractice (medical-malpractice.html) \uf105 Nursing Home Abuse (nursing-home-abuse.html) \uf105 Psychiatric Industry (psychiatric-industry.html) \uf105 Sexual Abuse (child-molestation.html) \uf105 Southern Baptist Convention (southern-baptist-convention/index.html) \uf105 Boyscouts of America (sexual-abuse/index.html) \uf105 Business and Commercial Law (business-commercial-law.html) \uf105 2017 brings lawsuits, accusations to local schools, university. (news.html) \uf105 Psychiatric Hospital Facing Suit Again for Releasing Killer. (news.html) \uf105 Trial Lawyer Penn gets out from in between Harris and Lowry. (news.html lawsuit filed against elite prep school by several previous students alleging misconduct. (news.html) \uf105 atlanta attorneys georgia law firm attorney catastrophic injury defective products medical malpractice law firm nursing home abuse Speak with a Premiere Georgia Personal Injury Trial Firm today. Free Consultation (contact.html) The lawyers of Penn Law have over 90 years of combined experience representing those harmed by the negligence and carelessness of others. We are a full service law firm \u2013 we handle your case all the way from the very first investigation through trial and even appeal, if necessary Monday 8:30 a.m. - 5 p.m. Tuesday 8:30 a.m. - 5 p.m. Wednesday 8:30 a.m. - 5 p.m. Thursday 8.30 a.m. - 5 p.m. Friday 8:30 a.m. - 5 p.m. Saturday Closed Sunday Closed Catastrophic injury (catastrophic-injury.html) \uf0a4 Trucking and Auto Accidents (trucking-auto-accidents.html) \uf0a4 Defective Products (defective-products.html) \uf0a4 Medical Malpractice (medical-malpractice.html) \uf0a4 Nursing Home Abuse (nursing-home-abuse.html) \uf0a4 Psychiatric Industry (psychiatric-industry.html) \uf0a4 Sexual Abuse (child-molestation.html) \uf0a4 Southern Baptist Convention (southern-baptist-convention/index.html) \uf0a4 Boyscouts of America (sexual-abuse/index.html) \uf0a4 Business and Commercial Law (business-commercial-law.html) \uf0a4 \uf041 4200 Northside Parkway Building One Suite 100 Atlanta 30327 \uf095 404-961-7655 \uf003 [email protected] (mailto:[email protected] \u00a92025, Penn Law Rights Reserved | Disclaimer (disclaimer.html) | Web Site by Web Design Village ( \uf09a ( \uf099 ( \uf0e1 ( \uf167 (", "7556_105.pdf": "Former Charleston Southern employee at center of sexual assault investigation (WSB) Corey Humphries was, until recently, the Vice President of Student Affairs at Shorter University, a small college in Rome, Georgia. According to multiple Georgia news outlets, the Director of Campus Safety at the university has accused Humphries of sexual battery and harassment. The school said it would not comment on those allegations, but did confirm that it is investigating. Humphries has ties to the Lowcountry. He's the former Director of Residence Life Former Shorter University employee with ties to Lowcountry accused of sexual assault by Zachary Watson Fri, November 10th 2017 at 12:11 Updated Fri, November 10th 2017 at 5:47 Save Story Share 00:00 00:44 Saved Storie Get Local Updates Instantly. Opt out anytime through your browser settings. Allow Notifications No, Thanks at Charleston Southern University. The alleged victim spoke with WSB, the affiliate in Atlanta, Georgia. The woman claims it happened during an early morning workout. She told WSB, \"He was wanting to help me stretch so he tried to massage my leg, and things got a little bit further than my leg.\" Humphries is no longer listed on Shorter University's website. While at Charleston Southern University, he received both his undergraduate degree and Masters degree from the school; he also worked at from 2007 through 2012 in administration News 4 reached out to to see if there is any current connection between Humphries and the university and we were provided the following statement: \"Corey Humphries was a former employee of Charleston Southern and left in July of 2012. He has since been employed with Shorter University. We have no further comment.\" Indiana Jan. 6 rioter who was recently pardoned by Trump, killed by sheriff's deputy Conversation Commenting on this article has ended Powered by Terms | Privacy | Feedback Charleston youth leads Hoops Against Homelessness campaign during March Madness by Abigail Quinn Fri, March 21st 2025 at 8:38 Saved Storie Hoops Against Homelessness, a nationwide campaign that raises money to support One80place is happening again this year; taking advantage of the Lowcountry's excitement surrounding March Madness to help raise money to help the homeless community. (PROVIDED) CHARLESTON, S.C. (WCIV) \u2014 Hoops Against Homelessness, a nationwide campaign that raises money to support One80place is happening again this year; taking advantage of the Lowcountry's excitement surrounding March Madness to help raise money to help the homeless community. Save Story Share Comment 0 ONE80PLACE 3 Saved Storie representative with the group joined \"Good Morning Charleston\" Friday to talk about their upcoming events and what they are doing to have a long term positive effect in the community. Wade Altum, the young founder of Hoops Against Homelessness Charleston began his journey of stewardship in 2020, when he was only six years old. \"One day, me and my mom were going off the interstate and asked her 'why is there someone asking for money?' and she explained what homelessness was wanted to do something to help,\" said Altum. \"We started this fundraiser called Hoops Against Homelessness and it started growing and now it's bigger than ever thought it could be | Community rallies for Mark Prynkiewicz with food truck events planned across Lowcountry Since the fundraiser's inception in the Charleston area, Altum describes that he has received nothing but support from the community and his friends. \"The community has been great, everyone has been donating and the people that are homeless have helped and are like, 'thank you so much,'\" said Altum. As the month of March continues, Altum and Hoops Against Homelessness Charleston are hosting a variety of events, capitalizing on March Madness with the goal of raising more money than ever to help the community. On March 23 there will be a 3v3 basketball tournament and shootaround at Cleats (@ The Refinery) at 10 a.m. Participants are invited to build a team and sign up to shoot hoops or just play casually with a beautiful Charleston backdrop. March 28 there will be a community shootaround at the Daniel Island Recreation Center. This is an annual event where people can come in to shoot their baskets. This year One80Place is going to attend to be able to share more information about their efforts as well. Finally March 30, Smash City Burgers is hosting an event with nine local chefs. All ticket sales for the event will go directly toward Hoops Against Homelessness | College coach finds new hope as kidney donation sparks lifesaving chain reaction Saved Storie Loading More information on how to donate and what events are happening locally, can be found at the One80place website. Your voice matters. Discussions are moderated for civility. See our guidelines. Conversation No one seems to have shared their thoughts on this topic yet Leave a comment so your voice will be heard first. Be the first to comment... Powered by Terms | Privacy | Feedback Saved Storie"} |
8,736 | Dennis Hirst | Utah State University – Logan | [
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] | {"8736_101.pdf": "by: Nick McGurk Posted: Sep 21, 2018 / 04:13 Updated: Sep 21, 2018 / 04:13 LOGAN, Utah (News4Utah former student at Utah State University filed a lawsuit claiming a current faculty member sexually assaulted her. These allegations stem from when the victim, Jaime Caliendo, was just 17 years old. The lawsuit claims she was the victim of sexual battery and assault by Dennis Hirst, who worked for and is still a faculty member Former Utah State student accuses faculty member of sexual assault 44 \u201cOn one occasion, he groped and fondled Jaime without her consent,\u201d her attorney Shaun Peck told News4Utah by phone on Thursday. At the time, Hirst was 23 and Caliendo was 17. \u201cDuring the course of sleeping, she woke to find that Dennis was sexually assaulting her on the floor of his apartment,\u201d said Peck. That traumatic event has troubled her ever since, according to the civil suit filed this week. Caliendo even filed a police report back in 1994, but Hirst reportedly wouldn\u2019t talk to police, Peck says. And Hirst was never charged. \u201cDennis Hirst has continued to teach up here at Utah State,\u201d said Peck. According to the biography page on USU\u2019s website, Hirst is currently director of graduate studies for the music department. Back in April, we told you about an investigation the university conducted about similar accusations \u2014 the so-called Sullivan Report. \u201cWe\u2019ve been dealing with, as an institution, issues of sexual violence on campus,\u201d said Tim Vitale, a university spokesperson. He says that report involved a written reprimand for Hirst. \u201cBut that was specifically about the conclusions reached in the Sullivan Report,\u201d said Vitale \u201cAt the same time, other information came to light there that we understood needed further exploration. So we hired an independent investigator to look into that aspect of things,\u201d he added. Caliendo is seeking $300,000 in damages > Next > Cancel \u2715 Next story in > Cancel Next story in News4Utah left a voicemail with Hirst and emailed him; neither were returned on Thursday. Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed Is \u201cSnow White\u201d the fairest of them all / 6 Hours Ago On this week\u2019s See It or Skip It, ABC4 Film Critic Patrick Beatty and Geekshow Podcast Rebecca Frost delve deep into the mines with \u201cSnow White\u201d, as well as the new Jonathan Majors film \u201cMagazine Dreams\u201d, and the controversy surrounding its star > Next > Next story in > Next story in Which are the best flowers to plant in spring / 9 Hours Ago Considering soil and weather conditions, regional gardening zones and care requirements will make your flower planting goals successful. Here are Amazon\u2019s 10 most wished for items in kitchen > Next > Next story in > Next story in / 10 Hours Ago Amazon\u2019s Most Wished For page for Kitchen Storage Accessories shows the products people most often added to Wishlists and Registries in that product category. View All BestReviews will have hands full with Wisconsin Man hospitalized after being electrocuted in Layton Influencer brothers Andrew and Tristan Tate arrive > Next > Next story in > Next story in Top Stories Japan China and South Korea discuss trilateral cooperation weak Pope Francis is wielding power and rewriting \u2026 After breaking fast, volunteers use Ramadan as an new museum in Texas tells the life stories of Medal \u2026 States team up to defend green transportation projects \u2026 Progressive icon Barbara Lee wants to be mayor of will have hands full with Wisconsin Man hospitalized after being electrocuted in Layton More Stories Valley rain, mountain snow returns this weekend County clerks push Cox to veto election records bill > Next > Next story in > Next story in ABC4 Utah Video More Videos Amazon\u2019s Big Spring Sale is coming soon: Early deals \u2026 Holiday 9 hours ago Ulta\u2019s 21 Days of Beauty sale is live now Holiday 4 days ago Walmart\u2019s \u2018Flash Deals\u2019 are filled with hidden gems \u2026 Holiday 4 days ago Gifts and goodies every kid will want in their Easter \u2026 Holiday 1 week ago > Next > Next story in > Next story in Easter basket ideas that teens won\u2019t hate Holiday 1 week ago Le Creuset, Ninja and more top Amazon\u2019s \u2018hot\u2019 \u2026 Holiday 1 week ago View All BestReviews Picks 1 Harry Potter: The Exhibition coming to Utah 2 Utah nurse allegedly kills friend for life insurance \u2026 3 County clerks push Cox to veto election records bill 4 will have hands full with Wisconsin 5 Church delivers letter in ongoing temple dispute 6 Utah Legislature receives dishonorable award 7 Man hospitalized after being electrocuted in Layton 8 West High announces new principal after controversy 9 Utah Grizzlies change affiliation to Colorado \u2026 10 4Warn Utah 7-Day Forecast > Next > Next story in > Next story in Utah's First Station and your destination for news, sports, weather and more across Utah News Salt Lake City, Utah, Weather ABC4 and CW30 Schedules Contests Community Gas Tracker: Find the cheapest gas prices in Utah Sports Politics from The Hill Pros4Utah: Utah\u2019s Business Experts Join the ABC4 30 Team Inside Utah Politics Meet the ABC4 Utah Team ABC4 Tipline About ABC4 Utah & CW30 Contact ABC4 and CW30 Careers With Us Report Public File Public File Nexstar Certification Video Programmer Closed Captioning Quality Certification Get News App Get Weather App Stay Connected > Next > Next story in > Next story in 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", "8736_102.pdf": "\u2018reassigning\u2019 piano instructor amid claims he allegedly sexually assaulted student in 1994 \uf017 Published at 2:58 pm, September 27, 2018 Jacob Klopfenstein, KSL.com Utah State University music professor has been reassigned to work outside the classroom amid a lawsuit that alleges he sexually assaulted a female student in 1994. R. Dennis Hirst, an associate music professor who specializes in piano and bassoon, will not be teaching this fall at the university, according to a letter from Department of Music head Cindy Dewey that was sent to Hirst. KSL.com reports he will be working full time on two music festivals that will take place at the university, according to the letter. He has also been instructed to work from home instead of from his office on campus, according to Dewey\u2019s letter. She added that the reassignment is not a sanction or punishment against Hirst. The reassignment comes after a civil lawsuit filed Sept 17 in First District Court in Cache County alleged Hirst sexually assaulted a 17-year-old female student in 1994. The lawsuit claims Hirst assaulted the girl on two separate occasions after inviting her to his apartment in Logan. In a statement posted to USU\u2019s website, university President Noelle Cockett said an investigation into the allegations is underway with outside counsel, and findings are expected in 4-6 weeks. \u201cPlease know that takes all allegations of sexual misconduct seriously,\u201d Cockett said. She also said the university is working with Dewey to minimize impacts on students, staff and faculty members. Hirst\u2019s teaching assignments will be delegated to other faculty members for the fall semester, Cockett said. The lawsuit also mentions former professor Gary Amano, with whom the teen had been taking piano lessons starting when she was 11, according to the suit. She began attending in the fall of 1993 as a freshman, according to the suit. Hirst knew Amano through the youth conservatory at USU, the suit states. After graduating from college in Ohio, Hirst was hired by Amano to work at the conservatory, according to the suit. The teen became acquainted with Hirst while socializing with him and some of her other friends during the fall 1993 and spring 1994 semesters, according to the suit. Hirst became interested in her and disclosed that interest to Amano, the suit reads. He was 23 when they met, and the teen was 17, the suit states. Some time later, according to the suit, Hirst invited the girl to his apartment, where he helped her with her homework. As the night wore on, he told her she could sleep on his bed rather than drive home, according to the suit. Since she did not know he was interested in her, she said yes and fell asleep, the lawsuit says. There wasn\u2019t any physical contact between the two, and the teen left the next morning, according to the lawsuit. The lawsuit also claims that Hirst later told Amano that he climbed into bed while the teen slept and engaged in sexual behaviors with himself. \u201cAmano told Dennis that he did not want to hear more and that Dennis should tell (the teen) not to come to his apartment again,\u201d the suit says. Later, Hirst again asked the teen to again visit his apartment, where he allegedly kissed her and touched her inappropriately, despite her objections, the lawsuit claims. She physically moved from him and \u201ctold him that she did not want a romantic or physically intimate relationship with him,\u201d according to the suit. The two remained friends, and over the next few weeks, spent more time with each other, the lawsuit states. \u201cDuring those encounters, Dennis did not say or do anything inappropriate, causing (the teen) to believe that he understood and respected her boundaries and her lack of romantic interest in him,\u201d the suit states. In May 1994, Hirst invited the girl to his apartment again, where the lawsuit alleges he touched her inappropriately after she fell asleep. She awoke to the pain of him touching her, according to the suit, but \u201cwas terrified\u201d and \u201cdid not dare to move or make a noise, afraid of what Dennis would do if he knew she had awakened.\u201d The behavior continued, according to the suit, despite her moving \u201cher hips to alleviate the pain.\u201d When he stopped, the teen \u201churriedly ran to the bathroom and locked the door,\u201d the suit states. She considered leaving through a window, but remembered her keys were in the other room, according to the lawsuit. She ultimately left the bathroom, and entered the kitchen where Dennis stood between the teen and the door, the lawsuit states. After some time, she was able to run from the apartment, according to the lawsuit. The lawsuit claims the teen suffered symptoms for weeks, but \u201cshe was too ashamed, confused and scared to tell anyone what Dennis had done.\u201d She later filed a report about the incident with Logan City police in July 1994, according to the lawsuit. Hirst refused to talk with police, and the department did not pursue the case further, according to the suit. Hirst kept his job at the youth conservatory after that, the suit states. \u201cThe following school year, Dennis was assigned to the small panel of faculty members who observed and graded the recitals that (the teen) was required to perform for her major,\u201d according to the lawsuit. The lawsuit is seeking damages, both economic and non-economic, of an amount more than $300,000 to be determined at trial, among other items. Amano retired in April of this year after a report was released detailing a sexual misconduct investigation into the piano program. That report is separate from the lawsuit filed last week involving Hirst. The April report found complaints of sexual harassment and misconduct dating back to at least 1994 that continued for decades in the department. The report stated that Amano created a hostile academic environment, discriminated against women and tolerated sexual harassment in the department. Among other suggestions, the report recommended dismiss Amano; he retired instead. The report also recommended punishment for Hirst for enabling or ignoring Amano\u2019s discriminatory actions. Hirst served as interim department head while some of the alleged misconduct was taking place. In April, Cockett told KSL.com that Hirst had been dismissed from his position as piano program coordinator, and that the school was pursuing sanctions against him.", "8736_103.pdf": "Former Utah State University piano student sues professor who she says assaulted her; college has opened a new investigation ( Leah Hogsten | The Salt Lake Tribune file photo) The iconic Old Main Building on Utah State University's Logan campus former piano student at Utah State is suing a professor there, alleging that he sexually assaulted her when she was a freshman at the college in 1994. By Erin Alberty | Sep. 19, 2018, 7:31 p.m. | Updated: Sep. 20, 2018, 2:10 p.m former piano student at Utah State University is suing a professor there, alleging that he sexually assaulted her when she was a freshman in 1994. Comment In a lawsuit filed Monday, Jaime Aikele Caliendo said she was 17 and piano teacher Dennis Hirst was 23 when he assaulted her in his apartment. Caliendo shared her allegations against Hirst with the school earlier this year, during a wide-reaching investigation of the piano department following complaints of sexism and abuse. That report, released in April, included Caliendo\u2019s account along with those of more than 40 current and former students this summer launched a new investigation into Hirst, focusing on allegations made by Caliendo, said spokesman Tim Vitale. \"We were made aware of some additional information that the [first] report did not address in its conclusions,\" Vitale said. After the earlier report, the head piano teacher resigned and the school demoted the leader of its Title office, which investigates sexual misconduct and discrimination. Hirst kept his position but received a letter of reprimand for enabling sexist and abusive practices; he later disputed those findings. Neither Hirst nor Caliendo\u2019s attorney could be reached for comment. In 1994, Hirst was a new teacher at USU's Youth Conservatory, where Caliendo had studied for about six years before enrolling at as a piano major, according to the lawsuit. The Tribune typically does not identify accusers in sexual violence investigations, but Caliendo agreed to the use of her name. Caliendo had become friends with Hirst, and he invited her to his apartment three times, the lawsuit states. During the second visit Hirst groped her despite her objections, the complaint alleges, but eventually they began socializing again as friends and she returned to his apartment. On the third visit, the lawsuit alleges, he assaulted her again. Caliendo suffered vaginal bleeding for three weeks, according to the complaint. Caliendo reported the alleged assault to police, according to the lawsuit, but Hirst declined to be interviewed by police and no charges were filed. Hirst went on to grade Caliendo's piano recitals, the complaint states. Caliendo has suffered nightmares and thoughts of self-harm, according to the lawsuit. From 2007 to 2009, the woman claims, Hirst repeatedly walked on the sidewalk outside of her home in Cache County and stared at her family this summer hired an attorney from the Salt Lake City firm Parr Brown to investigate Caliendo\u2019s account, Vitale said. It is the second investigation this year into USU\u2019s piano faculty. In February, the university hired Salt Lake City attorney Alan Sullivan to look into alleged abuses in the piano department, following a series of social media posts by former piano students who said they were harassed, bullied and assaulted while at USU. That investigation found that piano students had endured \u201cpervasive\u201d sexism and abuse from piano faculty, and school administrators had done little to address complaints of discrimination and multiple assault allegations against faculty. The head piano teacher, Gary Amano, announced his retirement one day after the Tribune published a story detailing allegations of mistreatment and misconduct from 20 former and current students at and the Youth Conservatory, including eight students who said they complained to university administrators. The university also demoted the school\u2019s Title director, Stacy Sturgeon, who later resigned with a severance package after heading the office since 2014. At least seven complaints from piano students reached the Title office, three of those while Sturgeon was in charge, according to Sullivan\u2019s report. In August, the dean of USU\u2019s fine arts college \u2014 former Mormon Tabernacle Choir director Craig Jessop \u2014 stepped down from his post. The Tribune learned of five cases in which students said Jessop was made aware of piano students\u2019 complaints; he received reports from three women in one year alone. Following the most recent complaint, in 2017, Jessop asked Amano to take a sabbatical, but no further action was taken until former students began complaining on social media in February and March. School administrators said Jessop will return in 2020 as a music professor. The investigation found Hirst had \u201cenabled Professor Amano\u2019s discriminatory acts, or else ignored them, without taking meaningful steps to hold him accountable or correct the problems to which they led.\u201d In July, university officials issued a letter of reprimand to Hirst, reiterating the findings of Sullivan\u2019s investigation but also noting that Hirst took measures to correct some sexist practices, such as scholarship distribution that gave women, on average, 41 cents to every dollar awarded to men. The letter also acknowledges an \u201coutpouring of positive support\u201d for Hirst by current and former students following the investigation, and states that Hirst has \u201cexpressed regret\u201d for his conduct. Two days later, Hirst responded to his reprimand, denying that he contributed to a psychologically abusive environment and blaming Amano for the department\u2019s problems. He wrote that his regret stems only from the \u201cteaching approach\u201d he used early in his career at USU. The report by Sullivan implicates Hirst in student complaints of \u201chumiliation, intimidation and vindictiveness,\u201d but released the document with heavy redactions \u2014 including the names of multiple faculty members accused of sexual assault. Caliendo confirmed that she is identified as \u201cFormer Student 10\u201d in a redacted passage of the report. However, an earlier release of the report includes more of her account, showing that she provided violent details from her assault allegation, as well as her accusation that Hirst \u201cterrorized her off and on for years.\u201d It also refers to a report Caliendo made about a month after the alleged attack \u2014 apparently her report to police. Both versions show that Amano communicated with Caliendo\u2019s family about her allegation against Hirst, and include Caliendo\u2019s report that Amano claimed Caliendo\u2019s encounter with Hirst was consensual \u2014 and that Amano blamed her parents for it because Caliendo \u201chad been given too much freedom.\u201d Amano confirmed to investigators he was aware of sexual contact between the teacher and student, but he did not believe it required further action because \u201c\u2018rape was not mentioned\u2019 to him,\u201d the report states. Sullivan\u2019s investigation also showed that Caliendo reported making a complaint to USU\u2019s Title office years after she graduated, and that officials there \u201cdeclined to do anything about this complaint.\u201d The only relevant Title file says that the complainant refused to give her full name or the name of the faculty member who she said attacked her, Sullivan wrote officials have been accused of mishandling a number of rape reports in recent years, including the cases of two fraternity members who were later charged with several sexual assaults and former football player Torrey Green, who is accused of sexually assaulting seven women while he was a student in Logan between 2013 and 2015. [email protected] Follow @erinalberty Donate to the newsroom now. The Salt Lake Tribune, Inc. is a 501(c)(3) public charity and contributions are tax deductible Report This Ad \u2018They couldn\u2019t see it\u2019: Valerie Hamaker on her efforts to convince leaders they were on the same side From \u2018Galaxy Quest\u2019 to \u2018Thelma & Louise,\u2019 new \u2018Utah Film Trail\u2019 takes you where famous movies were made in the state \u2018Frightening\u2019: Utah food banks scramble to meet highest-ever demand as families \u2018bombarded\u2019 by rising costs Report This Ad Three federal buildings Trump administration \u2018designated for disposal\u2019 in Utah removed from closure list Bagley Cartoon: Culture Wars Hoosiers knock Utes out of the Tournament \u2018Ritual\u2019 sex abuse case: Judge dismisses charges against a central suspect after police and prosecutors withheld key evidence Video: Crowd shouts at Utah Reps. 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All rights reserved.", "8736_104.pdf": "Utah State University piano professor has been removed from his teaching duties as the college investigates a sexual assault allegation made against him in a recent lawsuit. University President Noelle Cockett said Wednesday in a statement that professor Dennis Hirst\u2019s students will be reassigned to other faculty members this fall semester as the college investigates the claims former student accused Hirst in a lawsuit filed this month of sexually assaulting her in 1994 when she was a 17-year-old student and he was a 23-year-old teacher at a pre-college piano instruction program at the college. Hirst didn\u2019t return an email and phone call seeking comment. No attorney is listed for him. The college previously found that students in the music department had faced sexism and a \u201cdisturbing\u201d pattern of sexual violence and psychological abuse by faculty. Utah State investigates sex assault claim against professor Published 1:40 EDT, September 27, 2018 1 People named in assassination documents are not happy their personal information was released 2 White House rescinds executive order targeting prominent law firm", "8736_105.pdf": "Campus Life Statement from President Noelle Cockett to the Music Department September 26, 2018 Utah State University President Noelle Cockett sent an email today, Sept. 26, to students and employees in the Music Department, addressing concerns in the piano program: Dear Music Department faculty, staff and students: Please know that takes all allegations of sexual misconduct seriously, including allegations against Professor Dennis Hirst that were made public in a civil lawsuit last week. An investigation into sexual assault allegations against Professor Hirst is underway. We are working with outside counsel and expect a finding in 4-6 weeks encourage you to report any information you know to the Title office so we can more quickly wrap up this investigation and bring closure to everyone involved, including our students. In the meantime, we are working with Department Head Cindy Dewey to minimize the impact on students, faculty and staff. Dr. Dewey is reassigning Professor Hirst\u2019s teaching assignments to other faculty members for the fall 2018 semester appreciate the input and discussion you\u2019ve provided as we move forward with this difficult and complicated situation. Sincerely, Noelle Cockett President Tim Vitale Retired Associate Vice President for Strategic Communications University Marketing and Communications [email protected] Select Language Powered by Translate Comments and questions regarding this article may be directed to the contact person listed on this page. Next Story in Campus Life March 20, 2025 310 Investing in Education: Alum Shares Gratitude for Experience Randy Rhodes always believed in the power of education and the opportunities it creates. Heidi and Randy Rhodes next to a statue of a guitarist. Sign reads: Standin on the corner. See Also March 11, 2025 558 Outdoor Programs Used Equipment and Gear Sale to Return March 29 Anyone looking for a new set of snowshoes or an upgrade on their rafting gear can check out Utah State University Outdoor Programs' upcoming used equipment and gear sale. Trending on Utah State Today March 07, 2025 3508 Interim President Details Budget Cuts From Legislature, Voluntary Separation Incentive Program An aerial view of the Logan campus in winter March 03, 2025 3260 Soulmates Neuroscientist Awarded Award to Study Coyote Pair-Bond Formation researcher Sara Freeman holding a coyote brain February 26, 2025 2903 Seats in the Daines Concert Hall March 13, 2025 2771 Workers raise a steel beam into place during a building constuction Cache Valley Interfaith Choir Brings Broadway Magic to Logan College of Veterinary Medicine Places Final Steel Beam in Topping Off Ceremony"} |
8,838 | Paul A. Schewe | University of Illinois - Chicago | [
"8838_101.pdf",
"8838_102.pdf",
"8838_103.pdf",
"8838_101.pdf",
"8838_103.pdf"
] | {"8838_101.pdf": "2022 App (1st) 210814 May 27, 2022 No. 1-21-0814 NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1 ILLINOIS, Plaintiff and Counter-Defendant-Appellant, v MALONE, and FRY, Defendants, (Paul Schewe, Defendant and Counter-Plaintiff- Appellee). ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County. No. 19 13902 Honorable Neil H. Cohen, Judge Presiding delivered the judgment of the court. Justices Harris and Oden Johnson concurred in the judgment \u00b6 1 Held: Partial summary judgment that the employer had a duty to defend is affirmed where some of the conduct alleged in the underlying complaint potentially fell within the scope of the employer\u2019s self-insurance plan. The denial of summary judgment on the issue of the employer\u2019s duty to indemnify is affirmed where the issue was not ripe for adjudication. No. 1-21-0814 - 2 - \u00b6 2 The Board of Trustees of the University of Illinois (Board) brought a declaratory judgment action seeking a finding that it owed no duty to defend or indemnify claims against its employee, Paul Schewe, whose alleged behavior is the subject of a federal civil rights complaint filed by six current or former graduate students at the University of Illinois Chicago (UIC). The students allege that Mr. Schewe, while employed as a professor at UIC, engaged in a range of sexual misconduct and harassment. \u00b6 3 In its complaint for declaratory judgment, the Board asserted that the University of Illinois liability self-insurance plan (Plan) does not provide coverage for Mr. Schewe for any of the claims raised by the graduate students in the underlying litigation. The parties filed cross-motions for full or partial summary judgment in the declaratory action: the Board argued that it owed no duty to defend or to indemnify Mr. Schewe; Mr. Schewe argued that the Board owed him a duty to defend; and the students argued that the Board also owed a duty to indemnify Mr. Schewe. \u00b6 4 The circuit court granted partial summary judgment in favor of Mr. Schewe and against the Board on the issue of the Board\u2019s duty to defend him. The circuit court denied summary judgment to the Board, and to the six students, on the issue of the Board\u2019s duty to indemnify, explaining that because there was not yet a judgment against Mr. Schewe in the underlying federal litigation, the issue of indemnification was not yet ripe for adjudication. The circuit court entered an order pursuant to Illinois Supreme Court Rule 304(a) (eff. Mar. 8, 2016), finding no just reason to delay enforcement or appeal of these rulings. \u00b6 5 The Board now appeals the circuit court\u2019s summary judgment rulings, reasserting its argument that the conduct alleged in the underlying litigation excludes Mr. Schewe from coverage under the Plan. For the following reasons, we affirm. No. 1-21-0814 - 3 - \u00b6 6 \u00b6 7 This appeal involves a dispute between the Board and Mr. Schewe over whether the Board, pursuant to its obligations to employees under the Plan, has a duty to defend Mr. Schewe in a federal civil rights action filed by six current or former graduate students who sued Mr. Schewe for misconduct and sexual harassment. \u00b6 8 A. The Plan \u00b6 9 The Board maintains a liability self-insurance plan for the University of Illinois (Plan) under which, \u201c[t]he Employer, based on the provisions of the Plan and subject to its limitations, will pay on behalf of the Covered Person all Damages to which the Plan applies, which the Covered Person shall become legally obligated to pay for a Claim first made while the Plan is in effect: (1) because of Injury or Personal Injury caused by an Occurrence; or (2) because of injury or Personal Injury arising out of the rendering of or failure to render University Service.\u201d \u00b6 10 number of the definitions set out in article of the Plan are relevant. \u201cClaimant\u201d is defined as \u201cany person, organization, corporation or unit of government making Claim against a Covered Person on a cause of action which resulted from an Occurrence or arose out of the rendering of or failure to render University Service.\u201d \u00b6 11 \u201cCovered Person\u201d is defined as \u201cany person or organization designated in the Covered Persons provisions of the Plan.\u201d Those provisions, found in article III, specify that \u201cCovered Person[s]\u201d include \u201cthe Employer,\u201d \u201cOfficers and Members of the Board of Trustees,\u201d \u201cEmployees,\u201d \u201cAgents,\u201d and \u201cContracting Parties (but only as specified by written agreement with the University).\u201d No. 1-21-0814 - 4 - \u00b6 12 \u201cDamages\u201d is defined as \u201cany monetary consideration approved under the Plan for payment to a Claimant or the amount of a final judgment awarded to a Claimant by a court of competent jurisdiction, including but not limited to money, services, and waiver of amounts payable from patients and others who receive University services, but excluding payments of back pay for service rendered, fines, monetary penalties, costs of cleaning up contaminated sites, and payments which are contrary to public policy.\u201d \u00b6 13 \u201cEmployee\u201d is defined as \u201ca person, who at the time of an Occurrence, or the rendering of or failure to render University Service, was employed by Employer and acting within the scope of his or her University duties.\u201d \u00b6 14 \u201cUniversity Service\u201d is defined as \u201ca service, or series of related services (including health care), performed directly for a person or organization by the University or by a member of the Board, Officer of the Board, Employee, or Agent of the University, while acting within the scope of his or her University duties.\u201d \u00b6 15 \u201cOccurrence\u201d is defined as \u201cany incident or accident while the Plan is in effect, including continuous or repeated exposure to conditions, which results in an Injury or Personal Injury not expected or intended from the standpoint of the Covered Person.\u201d \u00b6 16 \u201cInjury\u201d is defined as \u201cphysical damage to or destruction of tangible property, bodily or mental injury, sickness or disease, including death, to which the Plan applies and resulted from an Occurrence in the conduct of University business. The term Injury shall not be deemed to mean intentional torts.\u201d \u00b6 17 Finally, \u201cPersonal Injury\u201d is defined as \u201cDamages to which the Plan applies sustained by any person or organization and arising out of one or more of the following committed in conduct of University business: No. 1-21-0814 - 5 - *** D. sexual harassment, humiliations, or discrimination *** K. violation of a civil or constitutional right.\u201d \u00b6 18 B. Allegations in the Underlying Suit \u00b6 19 On September 19, 2019, Erin O\u2019Callaghan, Veronica Shepp, Katherine Lorenz, Anne Kirkner, Sarah Malone, and Marlee Fry (collectively, the students)\u2014all current or former graduate students at UIC\u2014filed suit in the United States District Court for the Northern District of Illinois against Paul Schewe, the Board, UIC, and two Title administrators employed by UIC. They alleged in their complaint that Mr. Schewe, then a tenured professor of criminology at UIC, had subjected them to various acts of sexual misconduct ranging from inappropriate remarks to, in the case of one of the students, an incident of sexual assault. All of the students alleged that they felt \u201cconstantly pressured to interact and socialize with Defendant Schewe in unsafe environments (such as his apartment and his boat) where alcohol and/or drugs [were] present.\u201d They further alleged that they feared they would suffer adverse professional consequences if they refused to socialize with him. In addition to these more general descriptions of a hostile work environment, the students alleged the following specific instances of misconduct. \u00b6 20 1. Anne Kirkner and Katherine Lorenz \u00b6 21 Ms. Kirkner and Ms. Lorenz alleged that on September 7, 2016, when they were both his students, they accepted an email invitation from Mr. Schewe to socialize on his boat. Although they had declined similar invitations in the past, they relented and decided to attend, feeling \u201cthey would face negative repercussions in their academic program if they continued to decline [his] constant and persistent invitations.\u201d Ms. Kirkner and Ms. Lorenz allege that during the gathering, No. 1-21-0814 - 6 - Mr. Schewe regaled them with inappropriate stories about previous parties on his boat involving alcohol and illicit drugs and that Mr. Schewe offered them cocaine, which they declined. \u00b6 22 Ms. Lorenz further alleged that in December 2016, at an end-of-semester party, Mr. Schewe, \u201cwho was clearly too intoxicated to drive a motor vehicle,\u201d offered to drive her home from the event. She further alleged that during the 2017 fall semester, Mr. Schewe texted her images of \u201cnaked, or almost naked, women,\u201d apparently taken on his boat. Ms. Lorenz further alleged that later that same semester, she walked into Mr. Schewe\u2019s office for a meeting and, within clear view of her, he \u201chad naked pictures of a woman open on his desktop computer monitor\u201d which \u201cdid not appear to be work or research related.\u201d She further alleged that at her dissertation defense party in September 2017, which several of Mr. Schewe\u2019s students attended, Mr. Schewe commented to her partner, \u201cthere are so many women here want to f***.\u201d \u00b6 23 2. Marlee Fry \u00b6 24 Ms. Fry alleged that on September 7, 2016, she received an email invitation from Mr. Schewe to attend a \u201cwine and cheese\u201d event on his boat the following day. The purported purpose of this gathering was for Ms. Fry, who at the time was one of Mr. Schewe\u2019s new graduate students, to meet two of her peers who were in the same program whom she had not had a chance to meet at orientation. She alleged that when she arrived at Mr. Schewe\u2019s boat, he greeted her by saying \u201cwow, you look great.\u201d Already on the boat were two of Mr. Schewe\u2019s friends who were not associated with and who Ms. Fry alleges were visibly intoxicated. When one of Ms. Fry\u2019s female peers arrived, the men commented on the new arrival\u2019s physical appearance and expressed how sexually desirable they found her. Later, one of Mr. Schewe\u2019s friends placed his finger through a hole in Ms. Fry\u2019s jeans and laughed. Ms. Fry alleged that at no point did Mr. Schewe intervene to rein in the behavior of his friends and, when more of his friends began to arrive, she No. 1-21-0814 - 7 - felt unsafe and decided to leave. \u00b6 25 Ms. Fry returned to Mr. Schewe\u2019s boat later that semester when Mr. Schewe decided to hold class there one day. Although she felt uncomfortable due to her previous experience on the boat, she \u201cfelt compelled to attend as the other students were going and it was part of the class.\u201d During this off-campus class session, Ms. Fry alleges that \u201c[Mr.] Schewe failed to seriously teach class.\u201d Instead of discussing the reading assignment and class materials as planned, he \u201cproceeded to tell informal stories about his life and expressed disappointment about how he and [his] students should not drink because it was technically class time.\u201d \u00b6 26 3. Sarah Malone \u00b6 27 Ms. Malone alleged that she was invited to Mr. Schewe\u2019s boat on September 22, 2017. According to her, because of his \u201cpower over funding and other academic opportunities and because it was clear that [Mr.] Schewe favored students who socialized with him outside of professional and academic settings,\u201d she felt compelled to accept the invitation. At the event, Mr. Schewe invited her to come back the next night to meet a friend of his. When she returned the following evening, a party was taking place on the dock. She alleged that Mr. Schewe then introduced her to a male student, also in the graduate program, and in front of the male student uttered only f*** my students after they\u2019ve defended their dissertations.\u201d Ms. Malone alleged this comment made her feel uncomfortable and unsafe and she left shortly thereafter. \u00b6 28 4. Erin O\u2019Callaghan and Veronica Shepp \u00b6 29 Ms. O\u2019Callaghan alleged that on November 2, 2017, during her first semester at graduate school, she and several peers, including Ms. Shepp, attended an informal happy hour hosted by Mr. Schewe and another graduate student. After drinking for several hours, the party thinned out and Mr. Schewe invited some of the remaining students back to his apartment. Ms. O\u2019Callaghan No. 1-21-0814 - 8 - alleged that as soon as they entered the apartment, Mr. Schewe began pressuring everyone to continue consuming alcohol. He also allegedly offered them marijuana and edible marijuana products. Ms. Shepp alleged that Mr. Schewe \u201chover[ed] over her\u201d until she agreed to consume marijuana, and Ms. O\u2019Callaghan alleged that he began to make physical advances on her, which were witnessed by other attendees. Ms. O\u2019Callaghan further alleged that her \u201cintoxication, fear of causing a scene ***, and fear of the power disparity between them caused her to freeze when Defendant Schewe began touching her back.\u201d Eventually, she fell asleep on the couch, and the other students left to get something to eat. Ms. O\u2019Callaghan alleges that once the other students were gone, Mr. Schewe assaulted her. She did not recall how she ended up in Mr. Schewe\u2019s bedroom, but she did recall that at one point, Mr. Schewe \u201centered the bedroom, laughed, rolled her over from her side onto her back, pulled her pants and underwear down, and performed oral sex on her, all without consent.\u201d \u00b6 30 Ms. O\u2019Callaghan alleged that after this incident, she relied on Ms. Kirkner and Ms. Shepp to accompany her when she had periodic grant meetings with Mr. Schewe. Their presence in the room \u201creduced [her] stress and anxiety to a level where she could get through these meetings.\u201d She further alleges that Mr. Schewe tended to go on tangents, and the presence of Ms. Kirkner and Ms. Shepp kept the meetings on track and allowed them \u201cto be over as quick as possible.\u201d \u00b6 31 The students further alleged that at one such meeting, Mr. Schewe said that he would party with R. Kelly if given the opportunity. The students allege that they found this comment disturbing because it was made \u201cafter [Mr.] Schewe had been consulted by an advocate for UIC\u2019s Women\u2019s Leadership and Resource Center regarding the group\u2019s #MuteRKelly campaign, designed to get to cancel a planned R. Kelly concert following the revelations about his history of sexual assault of underage girls and young women that had been in the national spotlight.\u201d Ms. No. 1-21-0814 - 9 - O\u2019Callaghan eventually filed a complaint with administrators documenting her sexual assault allegation. \u00b6 32 Based on these incidents of alleged misconduct, the six federal plaintiffs asserted claims against Mr. Schewe for sexual harassment, hostile environment, negligence, battery, intentional infliction of emotional distress, and gender violence. \u00b6 33 C. The Board\u2019s Declaratory Judgment Action \u00b6 34 On October 23, 2019, Mr. Schewe requested representation under the Plan. On November 8, 2019, he received a response from UIC\u2019s risk management office, explaining that \u201c[t]he University has analyzed the allegations asserted against you in the Complaint *** and has determined that the Plan does not provide coverage to you for any of the claims, causes of action or damages alleged.\u201d On December 2, 2019, the Board filed the declaratory judgment action that is the subject of this appeal. \u00b6 35 In the operative amended complaint, filed on July 22, 2020, the Board sought a declaration that, based on the content of the allegations against him, it had no duty to defend or indemnify Mr. Schewe under the Plan. The Board argued that (1) Mr. Schewe was not a \u201cCovered Person\u201d as defined by the Plan, (2) the complaint alleged no \u201cOccurrences,\u201d (3) no \u201cInjury\u201d occurred, and (4) the Plan provided no coverage for the defense of intentional or criminal acts. \u00b6 36 On August 24, 2020, Mr. Schewe filed an answer and a counterclaim asserting that the Board breached the terms of the Plan by failing to defend him and seeking declarations that he was entitled to benefits under the Plan and that the Board was obligated to defend and indemnify him in the federal case. The Board answered Mr. Schewe\u2019s counterclaim on October 7, 2020. On November 30, 2020, all parties filed motions for summary judgment. The Board sought summary judgment on the basis that it owed no duty to defend or indemnify; Mr. Schewe sought partial No. 1-21-0814 - 10 - summary judgment, arguing that the Board did owe a duty to defend him; and the students argued that also owed a duty to indemnify Mr. Schewe. \u00b6 37 D. The Circuit Court\u2019s Summary Judgment Rulings \u00b6 38 On February 22, 2021, the circuit court granted Mr. Schewe\u2019s motion for partial summary judgment and denied the Board\u2019s and the students\u2019 respective motions. In response to the Board\u2019s argument that Mr. Schewe was not a \u201cCovered Person\u201d because he was acting outside his university duties when he committed the alleged misconduct, the court explained that while some of the conduct alleged in the complaint was plainly beyond the scope of Mr. Schewe\u2019s university duties, some clearly was not. The court mentioned specifically instances of sexual harassment that were alleged to have occurred during academic meetings with students. The court reasoned that \u201c[c]onducting academic meetings is clearly within the scope of [Mr.] Schewe\u2019s duties as a professor\u201d and \u201c[u]nder Illinois law, if any allegations of the underlying complaint potentially fall with the policy, there is a duty to defend.\u201d (Emphasis in original.) \u00b6 39 In response to the Board\u2019s argument that it had no duty to defend Mr. Schewe because the complaint against him alleged no \u201cOccurrence\u201d as that term is defined in the Plan, the court again referred to incidents that allegedly took place at academic meetings. As the court explained, \u201cThe [Plan] defines an \u2018occurrence\u2019 as an \u2018incident or accident\u2019 resulting in injury \u2018not expected or intended from the standpoint of the Covered Person.\u2019 The Underlying Complaint\u2019s allegations of Schewe\u2019s acts of sexual harassment at academic meetings allege \u2018incidents\u2019 resulting in injury to Students that were potentially not expected or intended from Schewe\u2019s standpoint. To the extent the Board is asserting that all injuries stemming from sexual harassment must be expected or intended by the harasser, this is contrary to the plain and No. 1-21-0814 - 11 - unambiguous language of the [Plan] which expressly covers personal injury arising out of sexual harassment.\u201d (Emphasis in original.) \u00b6 40 The court likewise rejected the Board\u2019s remaining arguments that it had no duty to defend Mr. Schewe because all his alleged acts of misconduct were either intentional torts or criminal in nature. Once again, the court noted that \u201cwhile some of the allegations of the Underlying Complaint clearly allege intentional and/or criminal conduct, the instances of sexual harassment during academic meetings do not.\u201d Citing Indiana Insurance Co. v. Powerscreen of Chicago, Ltd., 2012 App (1st) 103667, \u00b6 27, the court reiterated that \u201can insurer has a duty to defend if any allegations potentially fall within the policy regardless of the presence of allegations that clearly do not fall within the policy.\u201d (Emphases in original.) Because the complaint \u201callege[d] facts potentially within the coverage of the Self-Insurance Plan,\u201d the court concluded that the Board had a duty to defend Mr. Schewe and granted his motion for partial summary judgment on this issue. \u00b6 41 On the separate issue of the Board\u2019s duty to indemnify, the court denied summary judgment to both the Board and the students, explaining that absent a judgment against Mr. Schewe in the underlying federal case, it was premature to rule on the issue of indemnification, as that question was not yet ripe for adjudication. \u00b6 42 On June 11, 2021, the circuit court issued an order, pursuant to Rule 304(a) (eff. Mar. 8, 2016), finding that there was no just reason for delaying the enforcement or appeal of its February 22, 2021, summary judgment rulings. This appeal followed. \u00b6 43 \u00b6 44 The circuit court made its finding that there was no just reason for delaying the enforcement or appeal of its summary judgment rulings on June 11, 2021, and the Board timely filed a notice of appeal on July 12, 2021. We have jurisdiction over this appeal pursuant to Illinois Supreme No. 1-21-0814 - 12 - Court Rule 304(a) (eff. Mar. 8, 2016), governing appeals from final judgments as to one or more but fewer than all the parties\u2019 claims. \u00b6 45 \u00b6 46 On appeal, the Board argues the circuit court erred in granting partial summary judgment to Mr. Schewe on the issue of the Board\u2019s duty to defend him. The Board\u2019s position is that the allegations in the underlying suit do not trigger its duty to defend for three reasons: (1) none of the conduct alleged occurred within the scope of Mr. Schewe\u2019s university duties, (2) the allegations do not describe an \u201cOccurrence\u201d entitling Mr. Schewe to coverage under the Plan because the harm he allegedly caused was \u201cexpected or intended from the standpoint of the Covered Person,\u201d and (3) the complaint alleged only intentional conduct and intentional torts, which are expressly excluded from coverage under the Plan. \u00b6 47 Echoing the reasoning of the circuit court, Mr. Schewe argues in response that while some of the conduct alleged in the complaint was plainly outside the scope of his employment duties or involved intentional conduct, not all the students\u2019 allegations fit into these excluded categories. Specifically, Mr. Schewe identifies five allegations which he contends \u201cinvolve actions within the scope of [his] employment, which do not allege intentional torts, criminal acts, or injuries he should have expected.\u201d \u00b6 48 These five allegations include (1) holding a class on his boat during the fall of 2016, (2) having an image of a naked woman displayed on his desktop computer with no apparent academic purpose during an on-campus meeting with Ms. Lorenz, (3) stating during an on-campus meeting with Ms. O\u2019Callaghan, Ms. Kirkner, and Ms. Schepp that he would party with R. Kelly if given the opportunity, (4) using his institutional power as the director of graduate studies to favor students who socialized with him, and (5) inviting Ms. Fry to his boat for the purported purpose No. 1-21-0814 - 13 - of meeting two other graduate students, making inappropriate comments to her, and not intervening when his friends made her feel uncomfortable. Mr. Schewe claims that these five allegations are a sufficient basis for the Board\u2019s duty to defend him, and he asserts that the Board simply ignores these claims, focusing instead on those allegations in the complaint that do not trigger coverage. \u00b6 49 On the separate issue of indemnification, the Board asserts that because it owes no duty to defend Mr. Schewe, it necessarily owes no duty to indemnify him either. Mr. Schewe argues in response that the question of whether an insurer has a duty to indemnify cannot be resolved until liability has been incurred in the underlying litigation. As that has not yet happened in this case, the circuit court correctly denied summary judgment to the Board on this issue. \u00b6 50 Summary judgment is proper when \u201cthe pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.\u201d 735 5/2-1005(c) (West 2020). \u201cThe construction of an insurance policy and a determination of the rights and obligations thereunder are questions of law for the court which are appropriate subjects for disposition by way of summary judgment.\u201d Crum & Forster Managers Corp. v. Resolution Trust Corp., 156 Ill. 2d 384, 391 (1993). We review the circuit court\u2019s rulings on summary judgment de novo. Williams v. Manchester, 228 Ill. 2d 404, 417 (2008). \u00b6 51 A. The Board\u2019s Duty to Defend \u00b6 52 As a general matter, the duty to defend is \u201cmuch broader\u201d than the duty to indemnify. Indiana Insurance Co. v. Powerscreen of Chicago, Ltd., 2012 App (1st) 103667, \u00b6 27. In determining whether the Board has a duty to defend Mr. Schewe, we must \u201ccompare the allegations of the underlying complaint to the policy language.\u201d Outboard Marine Corp. v. Liberty Mutual No. 1-21-0814 - 14 - Insurance Co., 154 Ill. 2d 90, 125 (1992). In doing so, the allegations in the underlying complaint \u201cmust be liberally construed in favor of the insured.\u201d Id. If the facts alleged \u201cfall within or even potentially within the policy\u2019s coverage, the insurer\u2019s duty to defend arises.\u201d (Emphasis in original.) La Grange Memorial Hospital v. St. Paul Insurance Co., 317 Ill. App. 3d 863, 869 (2000). Additionally, \u201cif several theories of recovery are alleged ***, the insurer\u2019s duty to defend arises even if only one of [those] theories is within the potential coverage of the policy.\u201d General Agents Insurance Company of America, Inc. v. Midwest Sporting Goods Co., 215 Ill. 2d 146, 155 (2005). The question for this court, then, is whether any of the claims in the lawsuit against Mr. Schewe even potentially fell within the Plan\u2019s coverage. \u00b6 53 1. Mr. Schewe\u2019s University Duties \u00b6 54 The Board first contends that it owes no duty to defend because Mr. Schewe does not qualify as an \u201cEmployee\u201d or \u201cCovered Person\u201d as those terms are defined in the Plan (see supra \u00b6\u00b6 10, 12), as he was not acting within the scope of his university duties when any of the misconduct alleged in the complaint took place. As the Board puts it, \u201c[n]one of the conduct alleged in the General Allegations of the First Amended Complaint in the Underlying Lawsuit is remotely of a kind a professor is employed to perform.\u201d Further, \u201cmost of the conduct occurred on a boat, on a dock, at a party or in an apartment, far beyond any authorized time or University space ***[a]nd, the misconduct alleged cannot reasonably be construed to be actuated by any purpose to serve the University.\u201d \u00b6 55 There are several flaws in this analysis. First, as the circuit court acknowledged in its ruling, while much of the conduct alleged in the complaint occurred outside of \u201cUniversity space,\u201d some of the alleged misconduct did take place on campus or in a location that had been designated for academic purposes. The allegations involving the picture of a naked woman displayed on Mr. No. 1-21-0814 - 15 - Schewe\u2019s computer and the inappropriate comment about partying with R. Kelly both are alleged to have occurred in Mr. Schewe\u2019s office at UIC, during what were supposed to be academic meetings with students. Additionally, Ms. Fry alleged that Mr. Schewe held a class session on his boat, which she felt obligated to attend because \u201cother students were going and it was part of the class.\u201d While there were no allegations of sexual harassment during this class, there were allegations that the class held on the boat contributed to Ms. Fry\u2019s injury because of her previous experience on the boat during which Mr. Schewe told her she looked great, his friends commented on her peer\u2019s physical appearance and expressed how sexually desirable they found her, and one of Mr. Schewe\u2019s friends placed his finger through a hole in Ms. Fry\u2019s jeans and laughed. The allegation that Mr. Schewe required students to come to class on his boat, where the students had previously experienced sexual harassment, is an allegation of conduct that clearly fell within Mr. Schewe\u2019s scope of employment. The fact that many of the allegations in the complaint are about conduct that took place off campus does not eliminate the Board\u2019s duty to defend. \u00b6 56 second flaw in the Board\u2019s analysis is that it relies on far too narrow a view of Mr. Schewe\u2019s duties. Mr. Schewe\u2019s duties extended beyond classroom teaching. Mr. Schewe stated in an affidavit he attached to his motion for partial summary judgment that during the relevant time frame, he was not only an associate professor of criminology, law and justice at UIC, but he was also the \u201cDirector of Graduate Studies.\u201d As such, according to the affidavit, his \u201cadditional duties included recruiting graduate students, heading the graduate admissions committee, serving as the academic advisor for all Masters students, assisting and graduate students in obtaining teaching assistantships, research assistantships, awards, fellowships, and post-graduate employment, administering comprehensive exams, and documenting outcomes of the and PhD programs.\u201d He also considered \u201cfostering peer support within the program\u201d to be one of his No. 1-21-0814 - 16 - responsibilities, and, to that end, he \u201cregularly helped new and existing Masters and PhD students meet, and develop relationships with, other students and mentors to help them build robust support networks.\u201d \u00b6 57 Mr. Schewe\u2019s description of these additional duties as director of graduate studies aligns with the general allegations in the complaint, where the students alleged that they \u201call relied on [Mr.] Schewe for funding and access to professional opportunities\u201d and for \u201cnetworking and letters of recommendations.\u201d The specific allegations in the complaint also intersect with Mr. Schewe\u2019s outside-the-classroom responsibilities. For example, Ms. Fry alleges she chose to attend the \u201cwine and cheese\u201d event on Mr. Schewe\u2019s boat, where she claims she was harassed, because Mr. Schewe presented the event as an opportunity to meet two of her graduate student peers with whom she would be working. In another incident described in the complaint, Mr. Schewe allegedly made inappropriate comments during Ms. Lorenz\u2019s dissertation defense party. At events like these, Mr. Schewe was engaging in the alleged conduct within the scope of his role as director of graduate studies. Because these allegations at least potentially fall within the Plan\u2019s coverage, and because that is all that is required to trigger a duty to defend, we reject the Board\u2019s argument that there was no duty to defend because none of the allegations involve conduct that was within the scope of Mr. Schewe\u2019s duties. \u00b6 58 2. The Meaning of an \u201cOccurrence\u201d \u00b6 59 The Board next contends that \u201c[t]he allegations of the Underlying Lawsuit, even when considered in the light most favorable to Schewe, all allege conduct that was expected or intended by Schewe to cause the injury complained of, including sexual harassment.\u201d Accordingly, the Board concludes, it owes no duty to defend Mr. Schewe because the complaint does not allege an \u201cOccurrence\u201d as that term is defined under the Plan, which is limited to an incident that results in No. 1-21-0814 - 17 - an injury that is \u201cnot expected or intended\u201d from the standpoint of Mr. Schewe. We disagree. \u00b6 60 Our courts have \u201ccautioned against deciding the ultimate fact of the insured\u2019s intent in an underlying lawsuit during a declaratory-judgment action over the duty to defend that lawsuit.\u201d Country Mutual Insurance Co. v. Dahms, 2016 App (1st) 141392, \u00b6 46 (citing Pekin Insurance Co. v. Wilson\u00b8 237 Ill. 2d 446, 467 (2010); Maryland Casualty Co. v. Peppers, 64 Ill. 2d 187, 197 (1976)). As we explained in Dahms, only in \u201crare case[s]\u201d is the conduct alleged in an underlying complaint so obviously intentional in nature that we should find that the allegations \u201ccould not even potentially fall within the coverage of a policy.\u201d Id. \u00b6 47. In our view, this is not that \u201crare case.\u201d \u00b6 61 Here, at least for the five allegations highlighted by Mr. Schewe and discussed in the preceding section, it is certainly not a foregone conclusion that Mr. Schewe intended to injure his students with his words or his actions. To the contrary, the question of Mr. Schewe\u2019s intent remains to be resolved, giving rise to a duty to defend. \u00b6 62 3. Intentional Torts \u00b6 63 The Board\u2019s final argument is that it owes no duty to defend because all of Mr. Schewe\u2019s alleged misconduct was either \u201can intentional tort\u201d or \u201cwas caused intentionally.\u201d This argument is a variation of the Board\u2019s second argument, and we reject it for the same reasons. Where the allegations do not \u201cconclusively establish\u201d an intentional tort, those allegations give rise to a duty to defend. Id. \u00b6 56. Here, at least with respect to the five allegations highlighted by Mr. Schewe as triggering coverage, it remains unclear whether Mr. Schewe engaged in an intentional tort. \u00b6 64 For the reasons discussed above, we find that some of the allegations in the complaint give rise to the duty to defend. We therefore affirm the ruling of the circuit court and find that the Board has a duty to defend Mr. Schewe in the underlying lawsuit. No. 1-21-0814 - 18 - \u00b6 65 B. The Duty to Indemnify \u00b6 66 We also affirm the circuit court\u2019s ruling denying the Board, and the students, summary judgment on the issue of the Board\u2019s duty to indemnify Mr. Schewe. While an insurer\u2019s duty to indemnify is narrower than its duty to defend, \u201cthe question of whether the insurer has a duty to indemnify the insured for a particular liability is only ripe for consideration if the insured has already incurred liability in the underlying claim against it.\u201d Outboard Marine Corp., 154 Ill. 2d at 128. That has not yet happened in this case. Accordingly, the circuit court was correct to deny summary judgment on the issue of indemnification at this time. \u00b6 67 \u00b6 68 For the foregoing reasons, we affirm the judgment of the circuit court. \u00b6 69 Affirmed.", "8838_103.pdf": "Women\u2019s Leadership and Resource Center Rejecting silence Dr. Natalie Bennett | Posted on April 07, 2022 Privacy - Terms Rejecting silence In the report dated March 17, 2022, The Board of Trustees of the University of Illinois stated the following: \u201cUpon consideration of the record from the hearing and the extensive materials submitted prior thereto \u2026 it is the decision of the Board that Prof. Schewe be dismissed from the University of Illinois and, further, that such dismissal shall be effective immediately.\u201d The month of April is observed as Sexual Assault Awareness Month. [ campaign led by survivors, educators, and advocates alike for over twenty years, every day of the month is spent educating and bringing awareness to the myriad ways that institutions, including academic ones, foster, thrive on, and disguise uneven power dynamics that produce sexual harm and trauma. Drawing from the experiences, research, and resources compiled by organizations and individuals alike activities promote strategies for preventing gender-based violence and for repairing the harm done to survivors began with the quote from the Board of Trustees\u2019 report because something rare\u2014seismic even\u2014has happened at the University of Illinois regarding sexual misconduct that needs to be talked about. Both faculty and administration agreed that Paul Schewe [ his-university-has-revoked-his-tenure] be dismissed for numerous instances of sexual misconduct and his tenure revoked immediately (the document [ is worth reading, if you have not already done so). If the possibility of invoking Article [ of the university statutes seemed nearly impossible before July 10, 2020, when Chancellor Amiridis filed the statement outlining charges for dismissal, we now know that it is never really out of reach. What seems to have made the difference in this case is the breadth and weight of the evidence and the will of the various parties to act on that evidence to produce a kind of justice that is especially meaningful within academic contexts. The idea that tenured faculty members are untouchable, especially those who sexually harass and abuse graduate students, staff, and even other faculty members, carries incredible weight inside and outside of academia. Silence comes to feel as if it is the only possible response to harm, especially if one is a survivor. We know that silence\u2014especially of those who witness and do nothing\u2014allows the abuse to fester and gives power to the lie that the person being abused must somehow enjoy and accept the harmful behavior directed at them. Silences encourage other would-be abusers and promise them protection ad infinitum. Silences allow bystanders to claim innocence and to believe they are uncontaminated by the violence. In light of this decision to fire a tenured faculty member who has been found \u201cgrossly neglectful of his duties\u201d regarding his interactions with students, we should consider what it means for silence to have dwelled among us for so long certainly hope this is a signal that our university community is rejecting silence as a response to sexual misconduct. During SAAM, we celebrate the efforts to break silences and to expose the violence wherever it is located think it bears remembering that the Board of Trustees\u2019 decision is the outcome of a multi-year process that began with the complaints of graduate students. Graduate students group that is uniquely vulnerable in the academic hierarchy and yet who are told in every possible way that their best option is always to remain silent and to accept harm because their funding present and career future depend on such. Just recall the recent stories about the situation at Harvard University [ Despite the widespread encouragement of silence and the fears of being punished for speaking up students chose to reveal what had happened to them and to ask that the institution take the situation seriously. An external investigation, along with the support of faculty and the leadership of Chancellor Amiridis, provided the Board of Trustees with evidence that could not be ignored any longer. Undoubtedly, this is a win for all present and past graduate students who were made to feel that the harassment is their fault and a necessary part of their training. For faculty members who are concerned that the Board of Trustees did not choose the more typical pathway\u2014encourage early retirement or administrative leave\u2014a think the lesson is clear. The evidence laid out a patten of misconduct that could not be minimized or ignored. There are lines that should not ever be crossed by a faculty member. UIC\u2019s Committee on Academic Freedom and Tenure (CAFT) affirms this, noting that it is the responsibility of the faculty member to establish, maintain, monitor, and enforce those boundaries. Having job protection does not supersede this core responsibility and expectation of faculty members hope that faculty members, department heads, and administrative staff are using this case as an opportunity to reflect and to talk with their peers about how boundaries matter in healthy and productive relationships with graduate students also hope that they are thinking about repair\u2014restoring and rebuilding relationships of trust and cultivating a sense of belonging in departments to make it unlikely that the harm happens there, or again especially encourage graduate and professional students at the University of Illinois (and elsewhere) to keep talking about this case, show support and care for each other, figure out how to speak up about other harmful situations, and be creative about ways they can continue to advocate for fair treatment and adequate protection at the university. If you are interested in events at UIC, be sure to check these out: Take care of yourself and each other, Natalie Bennett Modified on May 16, 2022 1. Friday, April 8 Breathing Room conversation, \u201cWe Can All Be Advocates [ led by Dr. Kelly Maginot, CAN\u2019s confidential advocate. Drop in to find out how to advocate for the survivors in your life while not forgetting about your own safety and wellness. Leave with an expanded toolkit of strategies, information, and campus and community resources for advocacy and healing. Come as you are\u2014no prior experience or knowledge required! 2. Monday, April 18: Find our mighty student team on the east campus quad as they host Sex & Chocolate[ an outdoor booth to play trivia, learn about healthy sexual practices, and leave with free treats and contraceptives! 3. Thursday, April 21: UIC\u2019s CAN, Disability Cultural Center, and Dialogue Initiative jointly present a conversation about The Body Is Not An Apology[ by Sonya Renee Taylor. Come to hear about how to center radical self-love as a tool for dismantling oppressive violent systems. Stay to learn about how we can reclaim joy in our bodies; unlearn body shame; and heal from ableism, racism, and gender oppression. 4. Wednesday, April 27 is DAY[ The entire campus is invited to join WLRC, Women in Computer Science, Society for Women Engineers, and Women in Engineering Programs for an evening of crafts and conversation [ in observation of this day of awareness about sexual assault and showing support for survivors."} |
7,491 | Andrew Escobedo | Ohio University | [
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] | {"7491_101.pdf": "Andrew Escobedo (provided via Colleges of Arts and Sciences website Interim president to consider whether professor accused of sexual harassment should be dismissed By Bailey Gallion February 23, 2017 | 8:43pm Ohio University Executive Vice President and Provost Pam Benoit is recommending the university place \"serious sanctions\" on an English professor whom six female students accused of sexual harassment. In a letter to interim President David Descutner on Thursday, Benoit wrote that Andrew Escobedo's misconduct was \"egregious\" and could merit loss of tenure and dismissal. An investigation by the Office of Equity and Civil Rights Compliance found on Dec. 15 that Escobedo sexually harassed four female students. The office found insufficient evidence that the misconduct occurred for two other complaints. The incidents of sexual harassment occurred as early as 2003, according to a memo from the Office of Equity and Civil Rights Compliance. Escobedo was accused of touching multiple female students sexually and kissing one without consent after buying those students drinks at bars. The students told Title investigators that they were afraid denying his advances would affect their grades or reputation. The office found Escobedo\u2019s actions constituted three types of sexual misconduct: sexual harassment by quid pro quo, sexual harassment by hostile environment and non-consensual sexual contact. The Office of Equity and Civil Rights Compliance bases its findings on a \u201cpreponderance of evidence standard,\u201d which means the office believes the misconduct more likely than not occurred. That is a lesser standard than the one used in criminal court where a defendant must be proven guilty beyond a reasonable doubt. Some faculty recommended Escobedo undergo an ethics investigation, an option Benoit disagreed with in her letter. Ethics violations can result in a reprimand, censure, temporary reassignment of duties or a fine. Benoit believes Escobedo\u2019s actions were severe enough that the university should consider \u201ca full range of sanctions,\u201d including dismissal find that Dr. Escobedo\u2019s conduct violates the most basic relationship between faculty and student and erodes the foundation of trust upon which the academy depends,\u201d Benoit wrote in the letter to Descutner. After Descutner makes his decision, the Board of Trustees will vote on the final disciplinary sanctions against Escobedo. Escobedo is a tenure-track professor who began working for the university in 1998 and makes $87,149 a year. He is on paid administrative leave and not permitted on campus until the disciplinary process ends. @baileygallion [email protected] Correction previous version of the headline misstated the type of crime Andrew Escobedo was accused of. The headline has been updated to reflect the most accurate information Powered by Solutions by The State News All Content \u00a9 2016-2025 The Post, Athens", "7491_102.pdf": "longer-at-ou/article_3c5dd194-d2d0-11e7-894d-73785448e740.html Professor accused of sex harassment, misconduct no longer at By Conor Morris, General Assignment Reporter Nov 26, 2017 English professor Andrew Escobedo. Copyrighted photo courtesy of Ohio University. Ben Siegel. Andrew Escobedo, an Ohio University English professor whom the university initiated dismissal proceedings against earlier this year, is no longer with the university. Escobedo\u2019s resignation went into effect on Nov. 1. Through a university Title investigation, the university found through a preponderance of evidence standard that, more likely than not, Escobedo had sexually touched two graduate students without their consent multiple times during an end-of-semester party in 2015. The university\u2019s Office for Equity and Civil Rights Compliance investigation (which completed late last year) also found that Escobedo, through a preponderance-of- evidence standard, had sexually harassed those two women, along with sexually harassing two other students in similar incidents in 2003 and 2005. Escobedo had been on paid administrative leave from the university since March 2016, when the university began that investigation. He earned his roughly $86,000 a year base salary until Oct. 31, even though he wasn\u2019t working, an spokesperson previously confirmed. Escobedo announced his resignation in late August, just two weeks before he was scheduled to appear at a hearing before senior members of Faculty Senate to argue why he should not be fired. That committee then would have provided a recommendation to the Board of Trustees on whether should be terminated for sexual misconduct found two complaints against Escobedo to be unsubstantiated in the investigation, pending the university receiving any further evidence. Since he\u2019s not facing any criminal charges to date, Escobedo leaving prior to being fired for his alleged sexual misconduct could mean he feels this gives him a better chance of finding a job at another university. In a statement sent to The after announcing his resignation, Escobedo maintained his innocence. \u201c... the findings of the University Equity and Civil Rights Compliance office were fundamentally flawed, and (a) professor\u2019s reputation and livelihood should not be ruined because of misrepresentations and mean-spirited accusations based on rumor and gossip,\u201d Escobedo wrote via email. \u201cOhio University\u2019s administration made it clear to me and my lawyers that they planned to fire me no matter what the faculty hearing determined. Thus believe that my resignation is in the best interest of my family and my finances at this time, and that continuing to fight what appears to be a foregone conclusion is not President Duane Nellis released a statement at the time of Escobedo\u2019s announced resignation reaffirming the university\u2019s \u201ccommitment to protect the safety and well-being\u201d of students, faculty, and staff. \u201cBrave women and other people in our community stepped forward to bring intolerable behavior to light,\u201d Nellis said. \u201cThe healing process envision is not one that will dim this light but rather intensify our efforts to ensure our community is a safe place to learn and work.\u201d Escobedo and the university, as well as the former chair of the English Department (who is also the chair of Faculty Senate), are currently named in a civil-rights lawsuit filed by the two graduate students mentioned above, alleging Escobedo sexually touched them without their consent, and that the university had been \u201cdeliberately indifferent\u201d to past signs of his sexual misconduct. Back-and-forth filings in that case, including motions to dismiss the lawsuit by the university and Escobedo (Escobedo and the university are being represented by separate legal counsel), have occurred in recent months. Both Escobedo and the defendants have requested a jury trial, but a date has not yet been set. In June, The asked Benjamin Bates, outgoing chair of Faculty Senate\u2019s promotion and tenure committee, about the de-tenuring process the university used for Escobedo. He noted that it seems rare for the university to get as far in the process as it did on this occasion; the last time dismissed a tenured professor, to his knowledge, was in the 1990s.", "7491_103.pdf": "View Comments Professor Who Faced Losing Tenure After Sexual Harassment Case Just Quit Instead The case of Andrew Escobedo at Ohio University underscored what some critics say is a problem in the tenure system: the protection of professors accused of sexual misconduct. Tyler Kingkade BuzzFeed News Reporter Updated on August 21, 2017 at 3:13 pm Posted on August 19, 2017 at 10:13 am Subscribe to BuzzFeed Daily Newsletter Ohio University students gather on Feb. 24, 2017, to protest the university's treatment of the sexual harassment allegations against English professor Andrew Escobedo. Alex Driehaus professor accused of groping and sexually harassing female students will quit after a months-long effort to keep his job at Ohio University, where administrators had recommended he be fired Andrew Escobedo, a tenured English professor at Ohio University, submitted his resignation on Friday, school officials said. Escobedo's resignation came a day after BuzzFeed News reported on how academic tenure sometimes protects professors found to have violated sexual misconduct rules. The story focused on two women who reported early last year that Escobedo had groped them in December 2015. The women, Christine Adams and Susanna Hempstead, wanted to see Escobedo lose tenure and be fired, rather than just quit, so that he couldn't retain his academic reputation and move on to a job at another campus. Ohio University President M. Duane Nellis said on Friday that he accepted the resignation after a \"deliberative and thoughtful review of what is best for our university community\" that included consulting with other top administrators. \"Brave women and other people in our community stepped forward to bring intolerable behavior to light,\" Nellis said in a statement. \"The healing process envision is not one that will dim this light but rather intensify our efforts to ensure our community is a safe place to learn and work university investigation concluded in December 2016 that Escobedo violated the school's sexual misconduct policy, substantiating claims that he made unwanted advances to multiple women as far back as 2003. Top administrators, including the previous president of the university, all agreed that Escobedo should be terminated. But because Escobedo had tenure, he remained on paid leave until he could plead his case before the faculty senate. That hearing was scheduled for Sept. 1. Escobedo's resignation takes effect Nov. 1. That\u2019s the same day as the university board of trustees\u2019 next meeting, at which they could have confirmed his firing if the faculty senate recommended it. Escobedo will not receive severance or compensation after his resignation takes effect, a university spokesperson said. Escobedo \"violated the professional, ethical responsibility he owed you as a student,\" administrators wrote in emails to the two grad students who first reported Escobedo, triggering the investigation. \"As a result of your courage in coming forward, the University was able to hold Professor Escobedo accountable for his actions.\" In a statement Monday, Escobedo maintained he'd done nothing wrong and said the claims against him \"are not fair.\" He said the university had \"made clear to me and my lawyers that they planned to fire me no matter what,\" and that he had decided to resign based on what was \"in the best interest of my family and my finances This story has been updated to include comment from Andrew Escobedo. August 21, 2017 at 3:13 a brand. \u00a9 2025 BuzzFeed, Inc Press Privacy Consent Preferences User Terms Accessibility Statement Ad Choices Help Contact Sitemap Tyler Kingkade BuzzFeed News Reporter Comments Share your thoughts Be One of the First to Comment", "7491_104.pdf": "From Casetext: Smarter Legal Research Adams v. Ohio Univ. United States District Court, S.D. Ohio, Eastern Division. Mar 12, 2018 300 F. Supp. 3d 983 (S.D. Ohio 2018) Copy Citation Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free Case No. 2:17-CV-200 2018-03-12 Christine ADAMS, et al., Plaintiffs, v UNIVERSITY, et al., Defendants Michael Fradin, Fradin Law Office, Athens, OH, for Plaintiffs. Christopher E. Hogan, Michel Marie Jendretzky, Newhouse, Prophater, Kolman & Hogan, LLC, Reid T. Caryer, Ohio Attorney General's Office Education Section, Julia Anne Davis, Gerhardt A. Gosnell, II, James E. Arnold & Associates, LPA, James G. Vargo, Columbus, OH, for Defendants. Download Check Treatmen Sign In Search all cases and statutes... Opinion Summaries Case details *988 988 Michael Fradin, Fradin Law Office, Athens, OH, for Plaintiffs. Christopher E. Hogan, Michel Marie Jendretzky, Newhouse, Prophater, Kolman & Hogan, LLC, Reid T. Caryer, Ohio Attorney General's Office Education Section, Julia Anne Davis, Gerhardt A. Gosnell, II, James E. Arnold & Associates, LPA, James G. Vargo, Columbus, OH, for Defendants This matter comes before the Court on Defendants Ohio University\u2019s and Joseph McLaughlin\u2019s Motion to Plaintiffs' Amended Complaint No. 28). Defendants seek to dismiss all claims alleged against them. For the reasons set forth below, the Court and Defendants' Motion to Dismiss A. Factual Background 1 1 In adjudicating this motion to dismiss, the Court accepts as true all well- pleaded factual allegations from the second amended complaint. Ashcroft v. Iqbal , 556 U.S. 662, 678-79, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). Plaintiffs Christine Adams and Susanna Hempstead are female graduate students in Defendant Ohio University (\"the University\")\u2019s English Department No. 23 at \u00b6\u00b6 14, 45). The University is a public educational institution located in Athens, Ohio that receives federal funding. (Id. at \u00b6\u00b6 3-4). Defendant Andrew Escobedo was a professor at the University who taught Introduction to English Studies 5950), a class in which both Plaintiffs were enrolled in the fall of 2015. (Id. at \u00b6\u00b6 5, 15-16, 46). Defendant Joseph McLaughlin is also an English professor at the University, and previously was the chair of the English Department. (Id. at \u00b6\u00b6 8-9). 1. Sexual Harassment Against Plaintiffs Download Check Treatmen Sign In Opinion Summaries Case details Professor Escobedo invited all of the students in his Introduction to English Studies class, including Ms. Adams and Ms. Hempstead, to an end-of-the- semester celebration at Jackie O\u2019s Pub to begin at 7:00 p.m. on December 3, 2015. (Id. at \u00b6\u00b6 16, 47, 17). Both Ms. Adams and Ms. Hempstead attended the gathering. Ms. Adams arrived early, approximately five to ten minutes before the party began, while Ms. Hempstead was one of the last students to arrive. (Id. at \u00b6\u00b6 17, 48). Upon Ms. Adams' arrival, Professor Escobedo immediately began buying rounds of alcoholic beverages for the students, and he continued to do so throughout the evening. (Id. at \u00b6\u00b6 18, 22, 60). He bought five to six *989 drinks for Ms. Adams over the course of the night. (Id. at \u00b6 34). 989 When Ms. Hempstead arrived, she at first sat next to Professor Escobedo. (Id. at \u00b6 48). Later, when she went to the bar to buy a drink, Professor Escobedo followed her. (Id. at \u00b6 49). He placed his hand on her back and told the bartender to put her drink on his tab. (Id. ). After they returned to their seats, Professor Escobedo touched Ms. Hempstead on her hand, upper thighs, back, waist, and buttocks, as well as other areas of her body that were not visible to the rest of the group. (Id. at \u00b6 50). Earlier that evening, Professor Escobedo told a student who wanted beer instead of liquor that he had to \"teach [him/her] something about taste\", and Ms. Hempstead then called him an \"asshole\" in response. Professor Escobedo then said, \"Careful still haven't submitted your grade.\" (Id. at Ex. B, p. 9, 38). Thus, Ms. Hempstead believed her response to his physical advances could impact her grade. (Id. at \u00b6\u00b6 53-54). Ms. Hempstead attempted to increase the distance between herself and Professor Escobedo to signal that the advances were unwanted and to prevent further physical contact, but Professor Escobedo was apparently undeterred\u2014he continued the unwanted touching. (Id. at \u00b6 57). Ms. Adams witnessed Professor Escobedo touching Ms. Hempstead\u2019s knees, thigh, and back. (Id. at \u00b6 19). Around 9:45 p.m., Professor Escobedo and a group of students, including Ms. Adams and Ms. Hempstead, left Jackie O\u2019s Pub and went to Tony\u2019s Tavern. They arrived at the second bar around 10:10 p.m. (Id. at \u00b6\u00b6 20-21). At Tony\u2019s Tavern, Ms. Hempstead piled jackets and bags next to her seat in attempt to prevent Professor Escobedo from sitting next to her, but he moved the items and positioned himself directly in between Ms. Hempstead and Ms. Download Check Treatmen Sign In Opinion Summaries Case details Adams. (Id. at \u00b6\u00b6 24, 62). Professor Escobedo continued to make unwanted physical contact with Ms. Hempstead throughout the evening, including touching her over her clothes on her hands, arms, thighs, legs, knees, waist, lower back, buttocks, breast, and vagina multiple times. (Id. at \u00b6\u00b6 63-64). Around 10:45 p.m., Ms. Hempstead left Tony\u2019s Tavern because of Professor Escobedo\u2019s unwanted sexual advances. (Id. at \u00b6 65). As she was leaving, he approached her and hugged her, touching her breast during the encounter. (Id. at \u00b6 66). Throughout the night and early the next morning, Ms. Hempstead texted her then-boyfriend a series of text messages about being touched by her professor, including on her crotch. (Id. at Ex. B, pp. 43-44). Professor Escobedo also non-consensually touched Ms. Adams while the group was at Tony\u2019s Tavern, placing his hands on her on her face, neck, hands, legs, thighs, knees, back, arms, buttocks, and vagina. (Id. at \u00b6\u00b6 25, 26). Among other incidents of unwanted touching, Professor Escobedo put his hands inside of Ms. Adams' pants to cup her buttocks, touched her butt over her pants twice, touched her back under her shirt, and touched her vagina over her clothing with a rubbing motion. (Id. ). Ms. Adams overheard Professor\u2019s comment to Ms. Hempstead telling her to be \"careful\" since he still had not submitted her grades. (Id. at \u00b6 30). Thus, she believed that her response to his advances could impact her grade. (Id. at \u00b6 31). Even still, Ms. Adams made faces signaling discomfort, but Professor Escobedo ignored them. (Id. at \u00b6\u00b6 27-28). She also attempted to move away from him by moving to a new seat and placing objects and people between them, but he continued to make physical contact with her. (Id. at \u00b6 29). Around 12:45 a.m. on December 4, the group disbanded. (Id. at \u00b6 35). Ms. Adams left Tony\u2019s Tavern with another student, Jessica Cogar, and they began walking *990 toward Ellis Hall at the University. (Id. at \u00b6 36). Professor Escobedo caught up with them and walked with them until they reached Ellis Hall. (Id. at \u00b6 36). Ms. Cogar then went inside the building to use the restroom, leaving Ms. Adams alone with Professor Escobedo. (Id. at \u00b6 37). It was then that Professor Escobedo told Ms. Adams that he was sexually attracted to her, and pressed his body against hers. (Id. at \u00b6\u00b6 38-39). He then kissed her, and inserted his tongue into her mouth. (Id. at \u00b6 39). Ms. Adams did not reciprocate the kiss, and told him that she was not interested in a sexual relationship. (Id. at \u00b6 40). Despite this unambiguous rejection, 990 Download Check Treatmen Sign In Opinion Summaries Case details Professor Escobedo continued to clutch her body against his. (Id. at \u00b6 41). All the while, he rubbed his lower body and erect penis against her. (Id. at \u00b6 42). When Ms. Cogar came back out of Ellis Hall, Professor Escobedo released Ms. Adams, but not before telling her that \"she better not tell anyone\" about anything that occurred that evening. (Id. at \u00b6\u00b6 43, 44). According to a report authored by the University\u2019s Office of Equity and Civil Rights Compliance (\"ECRC\") , after Professor Escobedo and Ms. Cogar went their separate ways to walk to their cars, Ms. Adams met a friend around 1:00 a.m. and told her friend that Professor Escobedo made unsolicited verbal and physical advances on her, including sexually propositioning her, trying to kiss her, and putting his hand down her pants. (Id. at Ex corroborated the story with Ms. Adams' friend. (Id. ). 2 2 is the office within the University responsible for \"ensuring that the University maintains an employment and educational environment that is free from discrimination and harassment.\" The university Title Coordinator is housed within ECRC. See rights/. 2 Investigation and Report On March 10, 2016 received a report from the Chair of the English Department about concerns raised by a graduate student representative. (Id. at Ex. B). According to the graduate student representative, \"an alarming number of students\" requested that the faculty address issues of sexual misconduct in the Department. (Id. ). On the same day, the Chair told that there had been graffiti in the restroom on the first floor of Ellis Hall stating that Professor Escobedo \"is a predator. You are not alone\" and that he \"preys on young women. The Department knows.\" (Id. ). Further graffiti urged students to \"Email [email protected] for help / with stories. He must be stopped\"; and stated, \"Together they can't ignore us.\" (Id. ). On March 24, 2016 received a report of additional graffiti in the restroom in Ellis Hall, stating that \"If you have been sexually harassed, touched, etc. by a certain male [Department] prof and file an anonymous report. The Dept. can't catch him without your help!\" (Id. ) (emphasis in original). Download Check Treatmen Sign In Opinion Summaries Case details Also on March 24, Ms. Adams and Ms. Hempstead requested to meet with Investigator Jessica Cook. (Id. ). They ultimately each met with her individually to discuss the allegations. (Id. ). On March 31, 2016, Professor Escobedo was given notice of the allegations and placed on administration leave pending the outcome of the investigation. (Id. ). The investigation culminated in a memorandum of findings, which was issued on December 15, 2016. (Id. ). The memorandum concluded that Ms. Adams' and Ms. Hempstead\u2019s allegations of non-consensual sexual contact, quid pro quo sexual harassment, and hostile environment were all substantiated. (Id. ). The report recommended submitting the matter to the Department Chair and the Dean for consideration of possible disciplinary action and further recommended *991 that Professor Escobedo remain on administrative leave and be banned from campus until final determination of disciplinary action. (Id. ). 991 On February 5, 2017, Professor Escobedo sent a letter to his colleagues in the English Department. (Id. at \u00b6 301, Ex. E). He stated that he was unable to give a clear account of what happened on December 3 because of his degree of intoxication, but acknowledged that he bore \"serious responsibility for what happened\" and \"certainly deserve[d] disciplinary action.\" (Id. at \u00b6\u00b6 303, 305, Ex. E). Nevertheless, he asked that he not be terminated. (Id. at Ex. E). 3. Previous Incidents Involving Professor Escobedo In addition to the sexual harassment that Plaintiffs allege occurred in December of 2015, the Amended Complaint details a host of previous improprieties allegedly involving Professor Escobedo. According to the Complaint, it has been widely known for over a decade among faculty and students within the University\u2019s English Department that Professor Escobedo seeks sexual relationships with students and young faculty. (Id. at \u00b6 67). It is alleged that both professors and students warn incoming graduate students that Professor Escobedo poses a threat to female students. (Id. at \u00b6\u00b6 83-84). According to the ECRC\u2019s report, Professor Escobedo admitted that three members of the faculty \"collectively decided that [he] is a \u2018sexual predator\u2019 \" and that one of those faculty members used to \"warn incoming graduate students that [he] was a \u2018sexual predator.\u2019 \" (Id. at Ex. B). Download Check Treatmen Sign In Opinion Summaries Case details Specifically, Plaintiffs set forth allegations regarding seven sets of factual circumstances. First, in 2003, Professor Escobedo made unwanted advances toward a graduate student in one of his classes, referred to as Complainant #3. (Id. at \u00b6 102). He invited his class out for drinks at a local bar, where he placed his hands up her shirt and/or skirt. (Id. at \u00b6\u00b6 104-05 temporary adjunct professor witnessed Professor Escobedo place his hands inside Complainant #3\u2019s shirt and rub her back. (Id. at \u00b6 106). This incident was not reported to the University at the time. (Id. at Ex. B). Complainant #3 reported the conduct to on July 12, 2016, and found the allegations of sexual harassment to be substantiated. (Id. ). Second, in July of 2005, Professor Escobedo sexually harassed the temporary adjunct professor who witnessed the 2003 incident. The adjunct, referred to as Complainant #5, had gathered with her friends at a restaurant for dinner to celebrate her birthday, before walking to Tony\u2019s Tavern for drinks. (Id. at \u00b6\u00b6 112-13). Professor Escobedo, who was not invited to the birthday celebration, showed up at Tony\u2019s Tavern and sat next to Complainant #5 at the bar. (Id. at \u00b6\u00b6 114-15). Complainant #5 was wearing a skirt, and Professor Escobedo touched her legs and upper thighs while he sat next to her. (Id. at \u00b6 115). Some of Complainant #5\u2019s friends witnessed the incident. (Id. at \u00b6 116). Around 2006, after Complainant #5 moved out of Ohio\u2014and felt that Professor Escobedo could no longer negatively impact her career\u2014she reported the incident to the ECRC. (Id. at \u00b6 118). No record exists of this complaint. (Id found Complainant #5\u2019s allegations of sexual harassment against Professor Escobedo to be substantiated during their 2016 investigations. (Id. at Ex further noted that while no longer has a record of the report in 2006, \"multiple witnesses told the Investigator that there was an inquiry by [ECRC] into allegations against [Professor Escobedo] in 2006\" so the Investigator did not draw any conclusions from the absence of documentation of Complainant #5\u2019s 2006 communication. (Id. at Ex. B., p. 66, n. 33). *992 Third, Professor Escobedo was involved in a sexual relationship with a female graduate student in 2006 while he was her doctoral thesis advisor. (Id. at \u00b6\u00b6 69, 132). Marsha Dutton, a now-retired English Professor, reported the relationship to Defendant Joseph McLaughlin, who was Chair of the English Department at the time. (Id. at \u00b6 137). Professor McLaughlin told her that he would ask Professor 992 Download Check Treatmen Sign In Opinion Summaries Case details Escobedo\u2014a close personal friend of his\u2014about the relationship. (Id. at \u00b6 138). When Professor McLaughlin confronted Professor Escobedo, Professor Escobedo \"adamantly denied\" having the relationship. (Id. at \u00b6 139). Professor Dutton reported the relationship to the , which then conducted a \"climate survey\" of the English Department, intended to determine if students in the English Department \"felt safe.\" (Id. at \u00b6 71). 3 3 In their Motion to Dismiss, Defendants state that Professor McLaughlin was the one who reported the alleged sexual relationship to the ECRC. Plaintiffs' Complaint alleges that Professor Dutton did so, and the facts must be taken in light most favorable to the Plaintiffs at this stage. Twenty individuals responded to the climate survey, twelve of whom reported that they were female and seven of whom reported that they were male. (Id. at \u00b6 74, Ex. A). The results of the climate survey indicate that six out of nineteen students disagreed or strongly disagreed with the statement \"Overall, the climate for women in the English Department is good.\" (Id. ). Comparatively, no students disagreed and only one out of twenty students strongly disagreed with the statement that \"Overall, the climate for men in the English Department is good.\" (Id. ). Nine students reported observing \"inappropriate sexist language, humor/jokes or comments\" once (3) or more than once (6), and six students said that they experienced such inappropriate sexist language, humor/jokes or comments once (2) or more than once (4). (Id. ). Five students reported observing \"seductive remarks, including attempting to establish a sexual relationship\" and four students reported experiencing seductive remarks, including attempting to establish a sexual relationship. (Id. ). Six out of fourteen students responded \"no\" to the question am familiar with the Ohio University Harassment Policy.\" (Id. ). Three respondents indicated that they disagreed or strongly disagreed with the statement feel safe.\" (Id. at Ex. A). In addition to the survey results, multiple course evaluations made reference to sexual harassment and sexual misconduct by a faculty member. (Id. at \u00b6 124). Mara Holt, a Professor in the University\u2019s English Department, was a member of the Administrative Committee of the English Department about a decade ago. (Id. at \u00b6 122). The Committee was responsible for gathering and reviewing course evaluations submitted by students regarding Download Check Treatmen Sign In Opinion Summaries Case details their professors and courses from the preceding semester. (Id. at \u00b6 123). Professor Holt stated that there was conflict among the Committee about how seriously to take the evaluations that referenced sexual misconduct by a faculty member. (Id. at \u00b6 125). She does not know if the faculty member was named. (Id. at \u00b6 124). Professor Dutton believes the references were to Professor Escobedo. (Id. ). Professor Escobedo was the Graduate Chair at the time the course evaluations were submitted, which is a position of power in relation to other faculty in the English Department. (Id. at \u00b6 126). Despite the potentially damning course evaluations and the survey results, no thorough investigation was conducted. (Id. at \u00b6\u00b6 91, 128). Instead, general training for the faculty about sexual misconduct was recommended. (Id. at \u00b6 129). One English *993 Professor \"felt that the 2006 report was not treated with the seriousness that it deserved, and there were no restraints or consequences for [Defendant Escobedo].\" (Id. at \u00b6 80). Plaintiffs allege that Professor McLaughlin failed to investigate and deliberately downplayed the results of the survey because Professor Escobedo was a personal friend. (Id. at \u00b6\u00b6 87, 91, 130). 993 Sometime between 2006 and the December 2015 incident involving the Plaintiffs, at least two additional sexual encounters occurred. First, Professor Escobedo made inappropriate sexual contact with Ayesha Hardison, who was a junior faculty member in the English Department. (Id. at \u00b6 129). Ms. Hardison told a graduate student about the incident, but did not report the incident to the ECRC. (Id. ). Second, in 2011, Professor Escobedo tried to kiss Professor Jill Ingram, his faculty mentee, without her consent. (Id. at \u00b6 131). She reported the incident to Professor McLaughlin, who responded that Professor Escobedo\u2019s personality was just \"like that.\" (Id. ). Professor Ingram asked Professor McLaughlin to intervene, but Professor McLaughlin stated that an intervention \"would not happen.\" (Id. ). Professor McLaughlin did not report the incident to the ECRC. (Id. ). Professor Ingram did not initially report the incident to the either, because she felt as though she could not make an official complaint because she depended on Professor Escobedo\u2019s recommendation for tenure. (Id. ). Since then, Professor Ingram has reported the conduct to the ECRC. Download Check Treatmen Sign In Opinion Summaries Case details On March 2, 2017, after the report detailing these incidents was released, Interim President David Descutner sent Professor Escobedo a letter, stating, \"for an extended period of years you have engaged in a pattern of sexual advances directed at students whom you have supervised, graded, or advised, as well as colleagues in your department.\" (Id. at \u00b6 95). The essence of Plaintiffs' allegations are that the University and Professor McLaughlin\u2019s \"deliberate indifference\" to these past events allowed the harassment against them to occur in December of 2015. B. Procedural History On March 8, 2017, Plaintiffs Adams and Hempstead filed this suit against Ohio University, Professor McLaughlin, and Professor Escobedo No. 1). In the Amended Complaint, Plaintiffs allege that the University violated Title of the Education Amendments of 1972, 20 U.S.C. \u00a7 1681 (\"Title IX\"), and also bring \u00a7 1983 claims against Professors Escobedo and McLaughlin in their individual capacities for violating their Fourteenth Amendment rights to Equal Protection No. 23). Finally, they bring a claim for injunctive relief against Professor McLaughlin in his official capacity. (Id. ). Professor Escobedo answered the Amended Complaint No. 26). Defendants Ohio University and Professor McLaughlin filed the instant Motion to Dismiss, which seeks dismissal of all claims against them No. 28). The matter is fully briefed and ripe for decision A. Legal Standard The Court may dismiss a cause of action under Federal Rule of Civil Procedure 12(b)(6) for \"failure to state a claim upon which relief can be granted.\" Such a *994 motion \"is a test of the plaintiff\u2019s cause of action as stated in the complaint, not a challenge to the plaintiff\u2019s factual allegations.\" Golden v. City of Columbus , 404 F.3d 950, 958-59 (6th Cir. 2005). The Court must construe the complaint in the light most favorable to the non-moving party. Total Benefits Planning Agency, Inc. v. Anthem Blue Cross & Blue Shield , 552 F.3d 430, 434 (6th Cir. 2008). The Court is not required, however, to accept as true mere legal conclusions unsupported by factual allegations. Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). 4 994 Download Check Treatmen Sign In Opinion Summaries Case details Although liberal, Rule 12(b)(6) requires more than bare assertions of legal conclusions. Allard v. Weitzman, 991 F.2d 1236, 1240 (6th Cir. 1993) (citation omitted). Generally, a complaint must contain a \"short and plain statement of the claim showing that the pleader is entitled to relief.\" Fed. R. Civ. P. 8(a) (2). In short, a complaint\u2019s factual allegations \"must be enough to raise a right to relief above the speculative level.\" Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). It must contain \"enough facts to state a claim to relief that is plausible on its face.\" Id. at 570, 127 S.Ct. 1955. 4 Defendants style their motion as a motion to dismiss under both Rule 12(b) (6) and Rule 12(b)(1). Rule 12(b)(1) deals with lack of subject-matter jurisdiction. Defendants' motion seeks to dismiss the claims against the University for \"[f]ail[ing] to [s]tate a Deliberate Indifference Claim\" and asserts that the claims against Professor McLaughlin \"[f]ail as a [m]atter of [l]aw No. 28 at 5, 9). These arguments are more properly characterized as seeking dismissal for failure to state a claim, rather than for lack of subject matter jurisdiction. Defendants make no arguments that this Court lacks jurisdiction. Thus, the Court will apply the legal standards for a motion to dismiss under Rule 12(b)(6). B. Claims Against Defendant Ohio University Plaintiffs assert the following claims against the University under Title IX: strict liability (Counts and XII), unwanted sexual contact (Counts and XIII), quid pro quo (Counts and XIV), hostile environment (Counts and XV), and \"deliberate indifference resulting in sexual harassment\" (Counts and XVI). Title provides in pertinent part: \"No person ... 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 statute is enforceable through an implied private right of action, Cannon v. University of Chicago , 441 U.S. 677, 717, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979), and monetary damages are available in such an action, Franklin v. Gwinnett County Public Schools , 503 U.S. 60, 76, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992). In Franklin , the Supreme Court established that the \"discrimination\" prohibition of Title Download Check Treatmen Sign In Opinion Summaries Case details encompasses the sexual harassment of a student by a teacher. See 503 U.S. at 75, 112 S.Ct. 1028. In Gebser v. Lago Vista Indep. Sch. Dist. , 524 U.S. 274, 118 S.Ct. 1989, 141 L.Ed.2d 277 (1998), the Supreme Court defined the contours of a school\u2019s liability for sexual harassment of a student by a teacher, articulating the \"deliberate indifference\" standard, which applies here. Under Gebser , damages may only be recovered against a school when \"an official of the school ... who at a minimum has authority to institute corrective measures ... has actual notice of, and is deliberately indifferent to, the teacher\u2019s misconduct.\" 524 U.S. at 277, 118 S.Ct. 1989. Constructive knowledge of harassment will not suffice. Id. In Davis Next Friend LaShonda D. v. Monroe Cty. Bd. of Educ. , 526 U.S. 629, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999), the Supreme Court further expanded upon the deliberate indifference standard, this time in the context of student-on-student harassment. The Court held that the harassment experienced by a plaintiff \"must be so severe, pervasive, and objectively offense that it can be said to deprive the victims of access to the educational *995 opportunities or benefits provided by the school.\" 526 U.S. at 650, 119 S.Ct. 1661. The deliberate indifference of the educational institution must, \"at a minimum, cause students to undergo harassment or make them liable or vulnerable to it.\" Id. at 644\u201345, 119 S.Ct. 1661 (internal quotations omitted). The institution need not \"remedy\" harassment, and can only be liable when its \"response to the harassment or lack thereof is clearly unreasonable in light of the known circumstances.\" Id. at 648-49, 119 S.Ct. 1661. 995 Contrary to Plaintiffs' arguments, Title does not create a cause of action for strict liability, even for quid pro quo harassment. While courts may have been split over the proper standards for liability previously, the Supreme Court made clear in Gebser and Davis that Title liability only attaches when a school has actual knowledge of the alleged harassment and is deliberately indifferent to it. Compare Canutillo Indep. Sch. Dist. v. Leija , 101 F.3d 393, 397 (5th Cir. 1996) (pre- Gebser decision noting \"[c]ourts have held an employer strictly liable for \u2018quid pro quo \u2019 harassment,\" as opposed to \u2018hostile environment\u2019 harassment, which invokes a \"knew, or should have known\" standard) with Gebser , 524 U.S. at 290, 118 S.Ct. 1989 (holding that an appropriate official must have \"actual knowledge\" of harassment and Download Check Treatmen Sign In Opinion Summaries Case details \"fail[ ] to adequately respond\"); see also Vance v. Spencer Cty. Pub. Sch. Dist. , 231 F.3d 253, 260 (6th Cir. 2000) (\"The recipient is liable for damages only where the recipient itself intentionally acted in clear violation of Title by remaining deliberately indifferent to known acts of harassment.\") (internal citations omitted). Further, despite Plaintiffs' contention, there is not a less stringent standard for teacher-on-student harassment, as opposed to student-on-student harassment\u2014the Sixth Circuit flatly rejected such a distinction. See Williams ex rel. Hart v. Paint Valley Local Sch. Dist. , 400 F.3d 360, 367 (6th Cir. 2005) (\"It is clear from a reading of Gebser and Davis , that the Court is discussing only one standard for \u2018deliberate indifference\u2019 under Title pupil harassment cases and not, as [plaintiff] contends, one standard for student-on-student harassment and a less stringent standard for teacher-on-student harassment.\"). Thus, to make a prima facie case under Title IX, Plaintiffs must show: (1) they were subject to quid pro quo sexual harassment or a sexually hostile environment so severe and pervasive that it deprived them of educational opportunities or benefits; (2) they provided actual notice of the harassment to an \"appropriate person,\" who was, at a minimum, an official of the educational entity with authority to take corrective action and to end discrimination; and (3) the institution\u2019s response to the harassment amounted to \"deliberate indifference.\" Evans v. Bd. of Educ. Sw. City Sch. Dist. , No. 2:08-CV-794, 2010 2889100, at *7 (S.D. Ohio July 20, 2010), (citing Klemencic v. Ohio State Univ. , 263 F.3d 504, 510 (6th Cir. 2001) ); see also Vance , 231 F.3d at 258\u201359. Defendants do not dispute at this stage that Ms. Adams and Ms. Hempstead were subject to discrimination, quid pro quo harassment, and/or a sexually hostile environment that was sufficiently pervasive to satisfy the first prong. Thus, the first prong is not at issue. Defendants do dispute, however, both the second and third prongs. The Court will address each factor in turn. 1. Actual Notice To survive a motion to dismiss, Plaintiffs' complaint must allege that the University had actual knowledge of Professor Escobedo\u2019s misconduct. \"Actual knowledge requires only that a single school administrator with authority to take corrective action had actual knowledge of the sexual Download Check Treatmen Sign In Opinion Summaries Case details harassment.\" *996 Stiles ex rel. D.S. v. Grainger Cty. , 819 F.3d 834, 848 (6th Cir. 2016). The actual knowledge required, however, need not be of current abuse. Williams v. Paint Valley Local Sch. Dist. , No. C2-01-004, 2003 21799947, at *2 (S.D. Ohio July 16, 2003), aff'd sub nom. Williams ex rel. Hart v. Paint Valley Local Sch. Dist. , 400 F.3d 360 (6th Cir. 2005). The actual notice standard \"is met when an appropriate official has actual knowledge of a substantial risk of abuse ... based on prior complaints of other students.\" Id. 996 Plaintiffs argue that at least five of the seven previous incidents involving Professor Escobedo should have put the University on notice that he presented a threat to young women: (1) Complainant #5\u2019s report to in 2006 that she was sexually assaulted by Professor Escobedo in 2005 at her birthday gathering; (2) the course evaluations referencing sexual misconduct by a faculty member; (3) the results of the climate survey in 2006; (4) Professor Dutton\u2019s report that Professor Escobedo was having a sexual relationship with a graduate student while he was serving as her doctoral thesis advisor; and (5) Jill Ingram\u2019s report to Professor McLaughlin in 2011 that Professor Escobedo attempted to kiss her without consent No. 34 at 13-14). Defendants argue that none of the previous allegations of misconduct can be considered for three reasons. First, Defendants argue that Plaintiffs do not have standing to sue based on past allegations of harassment against other individuals No. 28 at 8). Defendants cite no case in support of this proposition. Second, Defendants argue that the previous allegations cannot be considered because they are time-barred, given that the relevant statute of limitations is two years. (Id. at 8-9); see also Lillard v. Shelby Cty. Bd. of Educ. , 76 F.3d 716, 729 (6th Cir. 1996) (the relevant statute of limitations for Title actions is the limitations period applicable to personal injury actions); R.C. 2305.10 (personal injury actions in Ohio governed by two year statute of limitations). Both of these arguments fail. The underlying harm in Plaintiffs' complaint is the sexual harassment that occurred against each of them\u2014they are attempting to vindicate their own rights, not the rights of any of Professor Escobedo\u2019s previous victims. Plaintiffs have each clearly alleged their own injury, which occurred in December of 2015, within two years of the time they filed their complaint in March of 2017. Thus, Plaintiffs have standing and their claims are not time-barred. Download Check Treatmen Sign In Opinion Summaries Case details Defendants argue that the five previous acts Plaintiffs rely on for notice are insufficient as a matter of law to establish notice No. 28 at 9). First, Defendants argue that the neither the climate survey nor the course evaluations mention Professor Escobedo specifically, nor do they involve the same degree of harassment No. 36 at 4-5). Defendants correctly point out that the climate survey responses could be about graduate students experiencing \"seductive remarks\" from other graduate students, as the text is not, on its face, limited to faculty. This does not mean, however, that Plaintiffs \"can prove no set of facts in support of [their] claim which could entitle [them] to relief.\" Davis Next Friend LaShonda D. v. Monroe Cty. Bd. of Educ. , 526 U.S. 629, 654, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999) (internal citations omitted). Discovery could show, for instance, that students were told that the survey was in relation to misconduct by faculty members and were instructed to respond accordingly. As to the course evaluations, it could be true, as Defendants allege, that Professor Dutton did not inform an appropriate person at the University that the faculty member referenced in the course evaluations was *997 Professor Escobedo. Or, discovery could reveal that Professor Dutton informed an appropriate person at the University and nothing was done. Similarly, it could be shown through discovery that the course surveys were in regards to a particular course taught by Professor Escobedo\u2014making the lack of his name on the evaluation less of an evidentiary hurdle for Plaintiffs. In short, at this stage, the Court cannot say that Plaintiffs can prove no set of facts that would entitle them to relief. 997 Next, Defendants argue that Professor Dutton\u2019s 2006 report that Professor Escobedo was having a sexual relationship with a student is unsubstantiated and too distant in time to constitute notice No. 36 at 6). Defendants rely on a footnote in ECFC\u2019s report stating, \"it appears that there was insufficient information for [ECFC] to proceed in 2006\" and that a witness (who appears to be Professor McLaughlin, as he was the \"Department Chair in 2006\"), said that the report was based upon rumors. (Id. ). Thus, they argue, the 2006 incident was a rumor at best, which is not sufficient for notice. It does not escape this Court\u2019s notice, however, that this footnote stating \"it appears\" there was not enough information to proceed was based on Professor McLaughlin\u2019s own statement that it was a rumor. Such a Download Check Treatmen Sign In Opinion Summaries Case details statement could be read as self-serving, or discovery may later reveal that Professor McLaughlin\u2019s representation is accurate. Under these circumstances, Defendants have not proven as a matter of law that the 2006 report could not constitute notice. Finally, Defendants argue that the two reports of sexual misconduct against faculty members are not sufficient to provide notice because they involve co-workers, not students, and are too distant in time. The mere fact that Professor Escobedo\u2019s previous victims were not students is not enough to save the University from liability as a matter of law. In fact, considering these facts in a light most favorable to Plaintiffs reveals a pattern of preying on young women in the English Department. The Complaint alleges that both faculty victims were young, female members of the Department who were subordinate to Professor Escobedo. One victim (Complainant # 5) was a recent graduate and temporary adjunct professor who believed that Professor Escobedo could impact her career No. 23 at \u00b6\u00b6 111, 117-18). The other victim (Jill Ingram) was a junior faculty member who was Professor Escobedo\u2019s mentee, and the Complaint alleges that the incident of sexual harassment occurred \"soon after [Defendant Escobedo] gained a position of authority over her.\" (Id. at \u00b6 131). In both instances, Professor Escobedo is alleged to have sexually assaulted females over whom he had some amount of authority and power. Whether that is sufficient to constitute reasonable notice \"does not lend itself well to a determination by the Court\" at the motion to dismiss stage. See Hart v. Paint Valley Local Sch. Dist. , No. C2-01-004, 2002 31951264, at *9 (S.D. Ohio Nov. 15, 2002) (finding question of whether response to harassment is clearly unreasonable does not lend itself well even to a summary judgment determination). As to the notion that the allegations are too remote in time\u2014an argument that is repeated throughout Defendants' motion and reply\u2014Defendants cite only to Escue v. N. Oklahoma College , 450 F.3d 1146, 1154 (10th Cir. 2006). Escue is distinguishable from the facts at issue here. In Escue , the plaintiff alleged that on multiple occasions she was inappropriately touched by a professor and that the professor made numerous sexual comments to her. 450 F.3d at 1149. The plaintiff attempted to rely on instances of past misconduct to establish notice. The court found that two of the complaints \"occurred *998 nearly a decade before [plaintiff\u2019s] complaint, and involved 998 Download Check Treatmen Sign In Opinion Summaries Case details significantly different behavior\u2014a single incident of inappropriate touching and a series of inappropriate name calling\" and thus held that they were not sufficient to constitute notice. Id. at 1154. The court\u2019s analysis relied heavily on the fact that the past allegations were very different than the plaintiff\u2019s allegations. See id. (noting that \"neither [of the previous incidents] involved anywhere near the degree of overt and pervasive harassment that [plaintiff] alleges\"). The fact that the allegations were temporally remote was merely one facet of the court\u2019s analysis. Id. (finding the prior complaints did not constitute notice \"especially given that nearly ten years had passed\") (emphasis added). Here, the alleged misconduct against the female faculty members is substantially similar to the allegations brought by Plaintiffs. Jill Ingram alleged that Professor Escobedo kissed her without consent, as does Ms. Adams. Complainant #5 alleges that Professor Escobedo touched her inappropriately while sitting next to her at a bar\u2014the exact same bar where Ms. Adams and Ms. Hempstead allege Professor Escobedo touched them inappropriately while they were sitting next to him. Thus, the mere fact that the previous allegations are distant in time will not bar Plaintiffs' claims from continuing at this stage. This court\u2019s opinion in Hart v. Paint Valley Local Sch. Dist. , 2002 31951264 (S.D. Ohio Nov. 15, 2002) is instructive, as it resolves similar arguments made by Defendants regarding the notice prong. There, Defendant Harry Arnold was a teacher in the Paint Valley Local School District from 1973 until November of 2000. Id. at *1. Plaintiff Williams was one of Arnold\u2019s fourth grade students. Id. Williams alleged that Arnold inappropriately touched him over a two-week period, including rubbing the inside of his thigh and \"bumping against [his] genitalia.\" Id . In 1976, four male students in Arnold\u2019s reading class alleged that he inappropriately touched them in essentially the same manner. Id. at *2. The 1976 conduct was reported to the school administration and school board, and the Principal conducted several interviews. The Principal determined that ongoing observations were in order and drew no final conclusions. Thereafter, the Principal made an effort to be more visible in Arnold\u2019s classroom, instructed him to keep his door open, and use aides more frequently. Id. Download Check Treatmen Sign In Opinion Summaries Case details Years later, in 1990, one of Arnold\u2019s sixth grade students alleged that Arnold inappropriately touched him in a substantially similar manner. Id. at *3. The student\u2019s parents met with the Principal and Arnold to report the allegations, and the Principal then notified the Superintendent, and Children Services. The Sheriff\u2019s Department and Children\u2019s Services conducted an investigation, which concluded that there was no substantiating evidence of the child\u2019s claims against Arnold\u2019s denial. Id. The Board took no official action against Arnold and decided he could remain in the classroom, and the Principal once again instructed him to leave his door open and also told him to avoid being alone with students. Id. No formal action resulted against Arnold from either the 1990 or the 1976 complaints. Id. The defendants in Hart filed a motion for summary judgment arguing in part that the 1976 and 1990 allegations were not sufficient to constitute actual notice. Id. at *5. Namely, they argued that none of the previous allegations were substantiated and that the 1976 and 1990 acts were too remote in time to constitute notice. Id. The Hart court held that Gebser does not require that the appropriate official have actual knowledge of current abuse. Id. at *6. The court explained: *999 999 Rather, the actual notice standard is met when an appropriate official has actual knowledge of a substantial risk of abuse to children in the school based on prior complaint of other students. While the complaints may be unsubstantiated by corroborating evidence and denied by the allegedly offending teacher, whether such complaints put the school district on notice of a substantial risk to students posed by a teacher is usually a question for the jury. Id. The court thus declined to grant summary judgment in favor of the defendants, since the Plaintiff presented at least enough evidence to create a genuine issue of material fact as to whether the School Board knew of a substantial risk of abuse in light of the prior complaints against Arnold. Id. at *7. Download Check Treatmen Sign In Opinion Summaries Case details Applying the Hart principles to the facts here, the Court finds that the previous incidents of harassment Plaintiffs point to for notice are not insufficient as a matter of law. The Hart court made clear that previous acts of abuse against victims other than the plaintiff can be considered in determining whether the actual notice standard is met to impose Title liability. Thus, Defendants' argument that there is no standing is without merit. Similarly, the Hart court relied on incidents that occurred nearly 20 years prior to the harassment against the plaintiff, so the argument that the claims are time barred or too remote in time must fail. So too must the argument that Plaintiffs cannot rely on unsubstantiated events as a matter of law\u2014the Hart court held that whether such unsubstantiated events could be considered sufficient notice is a question usually for the jury. Thus, the Court will not give credence to Defendants' arguments that the alleged notice in this case is insufficient as a matter of law. 2. Deliberate Indifference Turning to the final prong, the University is only liable if its response to the harassment amounts to deliberate indifference. Gebser , 524 U.S. at 291\u201392, 118 S.Ct. 1989. Plaintiffs cannot demand a particular disciplinary action. Vance , 231 F.3d at 260. Indeed, a university \"need not ... engage in particular disciplinary action to avoid Title liability.\" Patterson v. Hudson Area Schs. , 551 F.3d 438, 446 (6th Cir. 2009) (internal quotations omitted). The school\u2019s response, however, must be reasonable in light of the known circumstances. Vance , 231 F.3d at 260-261 (finding \"such a minimalist response\" of \"merely investigating and absolutely nothing more\" was not a reasonable response). If the school \"has knowledge that its remedial action is inadequate and ineffective, it is required to take a reasonable action in light of those circumstances to eliminate the behavior.\" Id. at 261. In such a case, if the school continues to use the ineffective methods to no avail, it has not acted reasonably in light of the known circumstances. Id. Defendants argue that \"[c]onducting a [s]weeping [i]nvestigation, [p]lacing Defendant Escobedo on [a]dministrative [l]eave, [i]nitiating [d]isciplinary [a]ction, and [e]ffectively [e]nding [f]urther [h]arassment\" is not clearly unreasonable No. 28 at 7). But Defendants' argument misses the mark. As the Hart court aptly explained: Download Check Treatmen Sign In Opinion Summaries Case details Defendants focus on the remedial action that they took in response to [Plaintiffs'] complaint[s], indicating that they responded meaningfully to the allegations. Plaintiffs' claim, however, does not involve allegations concerning the [University\u2019s] conduct after the alleged abuse. Plaintiffs complain that, had the [University] acted appropriately before the *1000 1000 alleged abuse, [they] would not have been subjected to misconduct. 2002 31951264, at *8. Defendants do allege in the Reply Brief that their actions in response to the previous allegations of misconduct are not clearly unreasonable either No. 36 at 7-8). Specifically, they argue that in response to the rumor that Professor Escobedo was having a consensual sexual relationship with a student in 2006, Professor McLaughlin told Professor Dutton he would confront Professor Escobedo about it\u2014which he did\u2014and Professor Escobedo denied the allegations. Professor McLaughlin then allegedly contacted ECRC, which could not substantiate the rumor. After that, the climate survey was conducted, along with training in the English Department. But, Defendants' arguments do not account for all of the previous allegations discussed above\u2014allegations which could, through discovery, lead to a finding of deliberate indifference. For example, plaintiffs also allege that the survey results themselves should have led to further investigation. It is not clear, what, if anything, was done in response to the course evaluations or the report from the adjunct professor that she was harassed in a way substantially similar to Plaintiffs' allegations. Plaintiffs are entitled to further discovery on these issues. As the Hart court stated, the deliberate indifference standard\u2014whether a school\u2019s reaction was clearly unreasonable in light of known circumstances\u2014\"does not lend itself well to a determination\" by the court at the summary judgment stage. Id. at *9. This statement is even more potent at the motion to dismiss stage, a stage at which Plaintiffs have not been given an opportunity to conduct full discovery into how the University responded to each instance of previous Download Check Treatmen Sign In Opinion Summaries Case details misconduct. Of course, \"in appropriate cases, a court may determine as a matter of law that conduct is not \u2018clearly unreasonable\u2019 \" but given the facts alleged here, it cannot be said that Plaintiffs failed to allege enough facts in their complaint to state a claim that would entitle them to relief. In sum, Plaintiffs allege sufficient facts at this stage, which, if taken as true, could state a claim upon which relief can be granted. \"The issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims.\" Davis NextFriend LaShonda D. v. Monroe Cty. Bd. of Educ. , 526 U.S. 629, 654, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999). Here, Plaintiffs are entitled to discovery and an opportunity to support their claims. Thus, for the reasons stated above, the Court Defendants' motion to dismiss Counts II, III, IV, XIII, XIV, and XV, but Defendants' motion to dismiss Counts and (for strict liability). Further, Counts and for \"deliberate indifference resulting in sexual harassment\" are merely duplicative of counts II, III, IV, XIII, XIV, and XV, alleging deliberating indifference resulting in sexual harassment for unwanted sexual contact, quid pro quo harassment, and hostile environment, and thus the court Defendants' motion to dismiss Counts and as well. C. Claims Against Defendant McLaughlin Plaintiffs assert the following claims against Professor McLaughlin: \u00a7 1983 claims against him in his individual capacity seeking damages for violation of the Fourteenth Amendment (Counts and XXII), and claims against him in his official capacity seeking injunctive relief for violations of the Fourteenth Amendment (Counts and XXI). *1001 1. Damages 1001 Section 1983 provides a cause of action to individuals whose constitutional rights are violated by persons acting under the color of state law. 42 U.S.C. \u00a7 1983. To state a \u00a7 1983 claim, a plaintiff must allege two elements: (1) a deprivation of rights secured by the Constitution and laws of the United States, and (2) that the defendant deprived plaintiff of this federal right under the color of law. Jones v. Duncan , 840 F.2d 359, 360-61 (6th Cir. 1988). In a \u00a7 1983 claim, \"the requisite standard of culpability is deliberate indifference.\" Evans v. Bd. of Educ. Sw. City Sch. Dist. , No. 2:08-CV-794, 2010 Download Check Treatmen Sign In Opinion Summaries Case details 2889100, at *9\u201310 (S.D. Ohio July 20, 2010), aff'd in part, 425 Fed.Appx. 432 (6th Cir. 2011). The deliberate indifference standard under \u00a7 1983 and Title are \"substantially the same.\" Stiles , 819 F.3d 834, 852 (6th Cir. 2016). \"Here, the Court already has determined that Plaintiffs have advanced some [allegations] ... as to the existence of deliberate indifference with respect to their claim under Title IX. The Court therefore concludes likewise ... Plaintiff\u2019s claim under \u00a7 1983\" will survive a 12(b)(6) motion. Hart , 2002 31951264, at *10.5 5 The only argument Defendants make in the section of their Motion to Dismiss discussing Professor McLaughlin\u2019s \u00a7 1983 liability that is different from the arguments this Court already rejected in the Title context, is that, at least in regards to the 2011 incident involving Jill Ingram, Professor McLaughlin was not the Chair of the English Department at the time and was therefore not in a position to take corrective action No. 28 at 13). The Court, however, will allow Plaintiffs an opportunity for discovery into whether Professor McLaughlin was in such a position. Defendants argue that even if Plaintiffs state a plausible \u00a7 1983 claim, Professor McLaughlin cannot be sued in his individual capacity because he is entitled to qualified immunity No. 28 at 14). Under the doctrine of qualified immunity, government officials are not liable for civil damages \"insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.\" Pearson v. Callahan , 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982) (internal quotations omitted)). The doctrine seeks to \"balance[ ] two important interests\u2014the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.\" Id. There is a two-part test to ascertain whether a defendant is entitled to qualified immunity: \"whether the facts that a plaintiff has alleged ... make out a violation of a constitutional right,\" and \"whether the right at issue was \u2018clearly established\u2019 at the time of defendant\u2019s alleged misconduct.\" Id. (citing Saucier v. Katz , 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001) ). The Court can consider the prongs in any order, and if Download Check Treatmen Sign In Opinion Summaries Case details either is not met, then the officer is entitled to qualified immunity. Doe v. Miami Univ. , 882 F.3d 579, 604 (6th Cir. 2018) (internal citations omitted). In order to satisfy the second prong, \"the contours of the right must be sufficiently clear that a reasonable official would understand that what he was doing violates that right.\" Doe v. Univ. of Cincinnati , 173 F.Supp.3d 586, 604\u201306 (S.D. Ohio 2016) (citing Anderson v. Creighton , 483 U.S. 635, 640, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987) ). To determine whether a right is clearly established, \"a district court must look to then-existing binding precedent from the Supreme Court, the Sixth Circuit or itself.\" Klemencic v. Ohio State Univ. , 111 F.3d 131 (6th Cir. 1997). *1002 The determination of whether a right is clearly established must be \"undertaken in light of the specific context of the case, not as a broad general proposition.\" Wilson v. Columbus Bd. of Educ. , 589 F.Supp.2d 952, 964 (S.D. Ohio 2008) (quoting Floyd v. City of Detroit, 518 F.3d 398, 405 (6th Cir. 2008) ). However, \"officials can still be on notice that their conduct violates clearly established law even in novel factual circumstances.\" Id. (quoting Hope v. Pelzer, 536 U.S. 730, 741, 122 S.Ct. 2508, 153 L.Ed.2d 666 (2002) ). When the defendant \"raises qualified immunity as a defense, as the Defendants have done in this case, the plaintiff bears the burden of demonstrating that the defendant is not entitled to qualified immunity. Everson v. Leis , 556 F.3d 484, 494 (6th Cir. 2009). 1002 Qualified immunity is \"typically addressed at the summary judgment stage of the case,\" though it may be decided on a motion to dismiss. Thompson v. Ohio State Univ. , 990 F.Supp.2d 801, 811 (S.D. Ohio 2014). In other words, courts should resolve questions of qualified immunity \"at the earliest possible point,\" but \"that point is usually summary judgment and not dismissal under Rule 12.\" Doe v. Ohio State Univ. , 219 F.Supp.3d 645, 664 (S.D. Ohio 2016) (internal quotations omitted). At the motion to dismiss stage, the relevant inquiry is whether the plaintiff has alleged \"facts which, if true, describe a violation of a clearly established statutory or constitutional right of which a reasonable public official, under an objective standard, would have known.\" Id. Here, Plaintiffs allege that the clearly established right violated by Professor McLaughlin is the \"right to be free from sexual discrimination while they were students at publicly funded university No. 34 at 28). The Sixth Download Check Treatmen Sign In Opinion Summaries Case details Circuit has held that students have a \"clearly established right under the substantive component of the Due Process Clause to personal security and to bodily integrity, [and] that such right is fundamental.\" Doe v. Claiborne Cty., Tenn. By & Through Claiborne Cty. Bd. of Educ. , 103 F.3d 495, 507 (6th Cir. 1996). And \"if the right to bodily integrity means anything, it certainly encompasses the right not to be sexually assaulted under color of law.\" Id. (internal quotations omitted). Indeed, \"no rational individual could believe that sexual abuse by a state actor is constitutionally permissible under the Due Process Clause.\" Id. As Defendants acknowledge, the Sixth Circuit has also recognized that \"a public official\u2019s deliberate indifference to known sex discrimination can violate the Fourteenth Amendment\u2019s Equal Protection Clause No. 28 at 11) (citing Stiles ex rel. D.S. v. Grainger County, Tenn. , 819 F.3d 834, 851-53 (6th Cir. 2016) ). The only remaining question, then, is whether the facts Plaintiffs allege make out a violation of a constitutional right. Plaintiffs argue that Professor McLaughlin\u2019s response to Defendant Escobedo\u2019s sexual relationship with a student in 2006 and his response to Jill Ingram\u2019s report of sexual harassment in 2011 exhibited the requisite deliberate indifference to establish that Professor McLaughlin violated a constitutional right No. 34 at 28). Defendants argue that the 2006 relationship was unsubstantiated\u2014and to the extent it was substantiated it was consensual\u2014 such that even if Professor McLaughlin was on notice of the allegations, his response was not deliberately indifferent as a matter of law No. 28 at 12). As to the 2011 incident, Defendants argue that Professor McLaughlin was not in a position to take appropriate action. As discussed above, however, \"these are factual issues not appropriate for determination at the pleading stage, much less on the basis of qualified immunity.\" *1003 Thompson v. Ohio State Univ. , 990 F.Supp.2d 801, 816 (S.D. Ohio 2014). Plaintiffs do allege sufficient facts to survive the motion to dismiss stage. For example, they allege that Professor McLaughlin responded to the 2011 incident of harassment by stating Professor Escobedo is just \"like that\" and he did not report the conduct to the No. 23 at \u00b6 131). They allege that Professor McLaughlin knew about the sexual harassment and the risk posed by Professor Escobedo, but that he acted with deliberate indifference because of his close personal relationship with 1003 Download Check Treatmen Sign In Opinion Summaries Case details Professor Escobedo. (Id. at \u00b6\u00b6 131, 132, 135, 233); see also Doe v. Miami Univ. , 882 F.3d 579, 605 (6th Cir. 2018) (rejecting qualified immunity defense when \"viewing the allegations in the light most favorable to [plaintiff], ... a reasonable person in [defendant\u2019s] position should have known\" that defendant was biased and therefore could not sit on disciplinary hearing panel). They further allege that Professor Escobedo\u2019s sexual misconduct was \"widely known\" throughout the Department, that both faculty and students warned incoming students about him, and that a reasonable department chair would have investigated his behavior. (Id. at \u00b6\u00b6 83, 84, 235, 331). Finally, Plaintiffs allege that Professor McLaughlin \"interfered and attempted to stop any attempts to report the misconduct to the ECRC.\" (Id. at \u00b6 135). There are questions of fact regarding what, exactly, Professor McLaughlin knew and when, what his reactions were and whether they were reasonable, and whether he was in a position to remediate the threats. Thus, at this stage, the Court cannot say that Professor McLaughlin is shielded from liability by the doctrine of qualified immunity. 2. Injunctive Relief The Eleventh Amendment bars \u00a7 1983 suits against officials sued in their official capacity for damages. Cady v. Arenac Cnty. , 574 F.3d 334, 342-44 (6th Cir. 2009). The Eleventh Amendment, does not however, necessarily bar suits against officials for prospective injunctive relief. Diaz v. Mich. Dep't. of Corr. , 703 F.3d 956, 964 (6th Cir. 2013) (citing Ex Parte Young , 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908) ). In order for the Ex Parte Young exception to apply, a plaintiff must \"seek prospective relief to end a continuing violation of federal law.\" Id. ; see also Idaho v. Coeur d'Alene Tribe of Idaho , 521 U.S. 261, 281, 117 S.Ct. 2028, 138 L.Ed.2d 438 (1997) (an allegation of \"ongoing violation of federal law where the requested relief is prospective\" ordinarily invokes Ex Parte Young ). Here, however, the alleged violations of federal law are predicated on past acts, not continuing conduct. The facts alleged in the Complaint in reference to Professor McLaughlin all relate to his allegedly deliberate indifferent response to past allegations of sexual misconduct No. 23 at \u00b6\u00b6 131, 147). While Plaintiffs state that \"Defendant McLaughlin continues to act with deliberate different [sic] toward formal reports,\" (Id. at \u00b6 320) such Download Check Treatmen Sign In Opinion Summaries Case details a conclusory allegation is not sufficient to defeat a motion to dismiss. Allard v. Weitzman, 991 F.2d 1236, 1240 (6th Cir. 1993) (citation omitted) (stating that although liberal, Rule 12(b)(6) requires more than bare assertions of legal conclusions). In any event, the reports Plaintiffs appear to be referring to are the climate survey, the course evaluations, and the \"widely circulated conversations in the English Department\"\u2014all of which occurred in the past No. 23 at \u00b6 320). There is no allegation that the University\u2019s investigation into the harassment of Plaintiffs was insufficient. Plaintiffs even state that \"Defendants' response to the December 15 incident of sexual assault and harassment by Defendant Escobedo is irrelevant\" in the deliberate indifference analysis, because \"the issue for the Court to determine *1004 is if Defendants behaved with deliberate indifference prior to the December 2015 incident No. 34 at 16). Thus, Professor McLaughlin\u2019s current response to harassment is not made an issue in the Complaint. Because all allegations in the Complaint are predicated on past conduct, this Court finds that the \u00a7 1983 claims against Professor McLaughlin in his official capacity for injunctive relief cannot proceed. See Marshall v. Ohio Univ. , No. 2:15-CV-775, 2015 7254213, at *13 (S.D. Ohio Nov. 17, 2015). 1004 6 6 Plaintiffs also allege in their complaint that Professor McLaughlin recommended Professor Escobedo\u2019s wife, who is also a faculty member in the University\u2019s English Department, for Chair of the Department No. 23 at \u00b6 322). Even if true, this lone allegation is insufficient as there is no indication anywhere in the Complaint that Escobedo\u2019s wife was involved in any way in the sexual harassment alleged in the Complaint. Thus, for the reasons stated above, the Court Defendants' motion to dismiss Counts and XXII, but Defendants' motion to dismiss Counts and For the reasons stated above, the Court Defendants' motion to dismiss Counts I, V, X, XII, XVI, and XXI, and Defendants' motion to dismiss Counts II, III, IV, XI, XIII, XIV, XV, and XXII. Download Check Treatmen Sign In Opinion Summaries Case details ORDERED. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Download Check Treatmen Opinion Summaries Case details", "7491_105.pdf": "Hardwood Heroes ( Foothill Features ( The Housing Squeeze ( Listen ( The Learning Lab ( About ( ( Search \u2026 ( content/uploads/2017/02/Andrew_Escobedo- for-web.jpg) Andrew Escobedo Graduate Students Reach Settlement in Lawsuit Over Escobedo Sexual Harassment By: Susan Tebben ( Posted on: Wednesday, November 14, 2018 ( < < Back To \u2014 Two women who sued after a sexual harassment investigation of a former English professor have reached a settlement with Ohio University. The university announced the settlement Wednesday evening, between Christine Adams, Susanna Hempstead, Ohio University and Faculty Senate President and English professor Joseph McLaughlin. The lawsuit, filed in March 2017, alleged Title violations against the university and civil rights violations in connection to the sexual harassment investigation that found substantiated claims against Dr. Andrew Escobedo. Escobedo was under investigation by the university after allegations that he had non-consensual sexual contact and had sexually harassed graduate students were substantiated by OU\u2019s Office of Equity and Civil Rights Compliance. In the report from the ECRC, the women, including Adams and Hempstead, said they feared academic and professional consequences ( harassment/) if they rebuked Escobedo\u2019s advances. After being recommended for detenuring and requesting a hearing before the Faculty Senate, the professor resigned before the hearing could take place ( +1 0 \uf218 Like0 \uf204 Share 0 \uf223 News ( Sports ( Culture ( On Demand ( Support ( ( The settlement reached will bring Adams and Hempstead $335,000 each, with a portion of the settlement going to their attorney, Michael L. Fradin. \u201cHempstead and Adams came forward at great personal and professional risk and with the goal of protecting their fellow students and making their community a safer place,\u201d a written statement from Fradin stated. \u201cThis settlement marks a small step in what will be a lifelong healing process for both of them.\u201d Also, as part of the settlement, the women may at their discretion \u201cparticipate in the university\u2019s efforts to combat sexual violence on its Athens campus\u201d by working with the Office of Equity and Civil Rights Compliance and/or OU\u2019s Presidential Advisory Council on Sexual Misconduct, according to settlement documents. With the settlement, the lawsuit filed with the United States District Court for the Southern District Eastern Division of Ohio is dismissed. In the settlement, however, the university \u201cexpressly denies\u201d wrongdoing. \u201cIn reaching a legal settlement, we acknowledge the challenges these survivors have endured, and will continue to endure,\u201d the university stated in a release. \u201cWe recognize this is a small step in the healing process.\u201d This is the second civil settlement given to Hempstead and Adams regarding the Escobedo investigation. The first settlement, specifically seeking damages from Escobedo, was settled privately, keeping the details private as well. The release from the university offered reporting options \u201cif you believe you have been the victim of discrimination, harassment, including sexual assault, retaliation,\u201d along with the contacts for the Ohio University Police Department, ECRC, and the Survivor Advocacy Program. In responding to the settlement, Hempstead and Adams \u201cacknowledged the suffering of the other survivors\u201d who reported their experiences to during the Escobedo investigation. \u201cMoving forward, Hempstead and Adams hope that Ohio University will set itself apart as an active participant in the discussion of power dynamics and sexual violence and prove itself to become a leader in implementing institutional policies that will better allow its students to grow and learn in an environment free from discrimination, harassment, and violence,\u201d the women said in a statement from their attorney reached out to attorneys representing the university, Escobedo and McLaughlin (who was represented by university counsel), but has yet to receive comment. This story was clarified to include details of the first settlement, and specify the parties in the lawsuit. 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It's Going To Take While. Academic tenure was designed to guarantee free speech in classrooms and protect faculty members from unfair dismissal, but critics say the system also protects professors who grope students. Tyler Kingkade BuzzFeed News Reporter Posted on August 17, 2017 at 10:08 am Subscribe to BuzzFeed Daily Newsletter Most of the gin and tonics Susanna Hempstead and Christine Adams drank on Dec. 3, 2015, were paid for by their Ohio University English literature professor, Andrew Escobedo. He insisted on buying rounds after organizing an end-of- semester gathering for about a dozen students at a local pub. Adam Maida for BuzzFeed News By his own admission, Escobedo drank too much that night, but Adams and Hempstead say that\u2019s no excuse for what happened as the gathering moved from one bar to another until finally breaking up about 1 a.m. Adams and Hempstead, then 26 and 23, respectively, say Escobedo, then 48, rubbed their crotches, grabbed their buttocks, slid his hand under their shirts, and rubbed up against them under the tables where they sat crowded together \u2014 allegations corroborated by several witnesses who spoke to university investigators. When the group called it a night and began splitting up to go home, Adams said Escobedo pressed his body against her, forced his tongue into her mouth, and confessed he was attracted to her don't want this,\" Adams says she told Escobedo while trying to squirm out of his embrace. She says she asked him not to tell anyone what had occurred, fearful it would hurt her reputation in the English department. \u201cYou better not tell anyone, either,\u201d he allegedly replied. Adams and Hempstead reported Escobedo to Ohio University in March 2016, and in December, the school\u2019s civil rights office issued a graphic 78-page report that not only substantiated their claims but also those of two other women alleging sexual harassment by Escobedo dating back to 2003. Escobedo denied the accusations, but his bosses, from the dean and provost to the president, agreed he should be fired Professor Andrew Escobedo (left) in 2014 with his colleague and wife, Beth Quitslund. Mark Clavin / Ohio University Libraries / Creative Commons / Via Flickr: ohiouniversitylibraries Months later, Escobedo isn't teaching, but he remains on paid leave largely because of one thing: tenure. \"It shouldn't have to take two women being sexually assaulted in the same night, in full view of their colleagues, for our school to address this problem.\" The administration may want Escobedo gone, and the school\u2019s own report may have painted Escobedo as a predator who \"has engaged in a pattern of exploiting females who are subordinate\" to him, but because of tenure, university policies entitle him to an administrative process that has kept him on staff for months. The Athens News reports that Escobedo\u2019s salary last year was $87,000. At any time, Escobedo could resign without facing formal punishment, something the graduate students want to prevent. Now Adams and Hempstead are questioning whether tenure, a system they both believe in as it safeguards intellectual freedom, has actually hamstrung how universities like theirs deal with sexual harassment cases. \"It shouldn't have to take two women being sexually assaulted in the same night, in full view of their colleagues, for our school to address this problem,\" Adams told BuzzFeed News. \"If this isn't enough to fire someone in an expedient manner, what is Tenure is designed to protect professors from being fired for frivolous or political reasons. If an oil company pressures a university to get rid of an academic researching the effects of global warming, for example, tenure would protect the researcher. Once a college grants someone tenure \u2014 which can take years to earn \u2014 a professor essentially has a job for life and can only be canned for extraordinary reasons. Many institutions, including Ohio University, have adopted principles drawn up nearly 80 years ago by the American Association of University Professors that establish steps schools must take before firing tenured faculty. Donna Young, an Albany Law School professor on the AAUP's academic freedom committee, said the lengthy firing process helps separate true harassment accusations from attempts to muzzle free speech, and ensures that serious misconduct is dealt with effectively. \"The only way to make sure these things are being taken care of properly is for the administration to have some strong procedures,\" Young said. But tenure also puts schools in a difficult position when confronted with allegations of professorial sexual misconduct. Academia has found itself compared to the Catholic Church for \"passing the trash,\" or letting faculty accused of sexual misconduct move on to other schools while the allegations against them are kept quiet Protest signs for the Feb. 24, 2017, rally on the Ohio University campus. @disintegration_acres / Instagram / Via Instagram: @disintegration_acres View this photo on Instagram While most jobs wouldn't require a board of directors to sign off on firing a mid-level employee, terminating a tenured professor isn\u2019t possible without approval from a school\u2019s board of trustees or regents, a process aimed at preventing faculty from being targeted simply because they made the wrong person mad. \"Of course, there's an ethical responsibility to students and to our colleagues, but there's also the value of academic freedom.\" \"We are in the knowledge business; we're not in the profit business,\" said Vicki Schultz, who teaches workplace law at Yale University. \"Free speech is a very important value on any college campus, so whenever a faculty member is accused of misbehavior, of course there's an ethical responsibility to students and to our colleagues, but there's also the value of academic freedom.\" Firing tenured faculty is so unusual that when the University of Washington this month dismissed a microbiologist found to have committed sexual harassment and misused university resources, the school said it was the first time it had terminated a tenured professor. But it took 18 months for it to do so. Hempstead worries the same thing could happen at Ohio University. \u201cTenure,\u201d she said, \u201cis really what makes this situation go on and on and on Nearly a year after they first filed a sexual harassment report, Adams and Hempstead sued Ohio University and Escobedo in federal court, attaching the school investigation report to the suit. Additional documents exchanged between administrators, faculty, and students about the case were obtained by BuzzFeed News. Escobedo \"expressly denies that he engaged in any sexual harassment of anyone, including the plaintiffs,\" his attorneys said in a statement. According to the 78-page university investigation report, Escobedo said he never touched his accusers \"unless there was an accidental 'brush' of the shoulder.\" He blamed the allegations on a conspiracy, and he noted one witness reported seeing nothing inappropriate that night. Investigators, though, noted in the report that the witness was elsewhere in the bar during part of the evening and, unlike witnesses who corroborated Adams' and Hempstead\u2019s claims, did not have a clear view of the table where the group was sitting. Additionally, investigators noted that another witness described looking under a bar table to see Escobedo\u2019s hand moving along Adams' leg. At one point, Adams made a face as if to say \"Oh my God,\" the witness told investigators. At another point, the witness said Escobedo\u2019s hand \"was pretty much all the way down\" Adams' pants separate witness reported seeing Escobedo groping the women \"in plain view\" of others. Yet another witness saw Escobedo rubbing his hand on Adams' upper thigh near her crotch. Adams \"seemed petrified,\" that witness said. In his response in court, Escobedo denied Adams' and Hempstead's claims that he touched them without their consent After the investigation finished, Escobedo wrote a letter to colleagues \u2014 outing the names of witnesses and alleged victims \u2014 in which he said they had multiple opportunities to move away from him, yet they didn\u2019t. Adams and Hempstead told investigators they feared that if they more forcefully rejected Escobedo, he could retaliate when giving them their final grades. Ohio University placed Escobedo on administrative leave within one week of Hempstead and Adams filing their complaints. Since the university investigation concluded Escobedo had harassed subordinates, more than 50 students in the English department have written to the administration asking that Escobedo be fired. In February, students staged a protest pushing for Escobedo to be fired. StudentsforSurvivors @SFSuc 01:54 - 22 Feb 2017 Reply Retweet Favorite @SFSuc / Twitter / Via Twitter: @SFSuc Because it\u2019s taking so long to settle Escobedo\u2019s future, Adams and Hempstead are both in limbo about their futures. In graduate school, students rely on building relationships with faculty who serve as mentors and who can help them land jobs once they finish their programs. Those relationships have changed for Adams and Hempstead, who say some faculty have told the pair that they support Escobedo. Both students rearranged their coursework to avoid instructors they believe are backing the professor \"It's just an alienating process to report someone in your department when you're supposed to be making very close allies and close friendships,\" Hempstead said. Adams says she often wonders why she didn\u2019t just leave the school altogether. Hempstead\u2019s main worry, she told a dean in a January letter, was that Escobedo would be allowed to resign in good standing rather than be fired, enabling him to get hired elsewhere and harass more students. Twice since 2000, Ohio University has moved to fire tenured professors, but both professors resigned before they could be fired, according to a university spokesperson. Peter Lake, an expert in higher education law who teaches at Stetson University, said universities sometimes prefer that troublesome employees resign because the firing process is so onerous. And employees found to have committed wrongdoing would rather quit than be fired, because by resigning they often can keep their pasts under wraps. \"If the employee has done something heinous or embarrassing, they may not want a public execution,\" Lake said Ohio University students gather outside of Ellis Hall on Feb. 24, 2017, to protest the university's treatment of the sexual harassment allegations against English professor Andrew Escobedo. Alex Driehaus At St. Cloud State University in Minnesota, for example, chemistry professor Donald Neu resigned in February before the conclusion of an investigation into accusations he\u2019d had an inappropriate sexual relationship with an 18-year-old student and given her alcohol and marijuana, according to documents BuzzFeed News obtained. The investigation eventually found Neu had violated the school\u2019s policies, and Neu now faces criminal charges of providing alcohol to a minor. Despite this, the student Neu had a relationship with told BuzzFeed News that Neu took the \u201ceasy way out\u201d by quitting rather than being fired. St. Cloud State University declined to comment. Neu did not respond to multiple attempts to contact him In 2012, philosophy professor Colin McGinn resigned from the University of Miami three months after he was accused of sexually harassing a graduate student. He repeatedly wrote messages to the student discussing his erection, and he suggested that he and the female student have sex. The university\u2019s president at the time, Donna Shalala, trumpeted the way the school handled the case, saying that McGinn\u2019s resignation got him away from students in \"lightning speed.\u201d \"The University of Miami is an example of how one institution got it right,\" Shalala told the Miami New Times in 2015. Ann Olivarius, the lawyer representing McGinn's accuser, disagrees. Olivarius said firing McGinn would have slowed the process considerably, but letting him resign did nothing to fix a widespread problem in academia, and also humiliated the student. The student later sued the school. (The case was settled in October 2016.) If schools faced financial pressure to crack down on harassers, Olivarius says things might change. The feds could revoke funding, assess fines, or offer financial rewards to schools that do better at complying with anti-harassment laws, Olivarius said. \"Make respecting the law a money-making proposition for schools, another source of revenue, and the rape culture at universities and schools will change and start to disappear,\" she said. That sort of suggestion makes people nervous. Faculty groups, law professors, and Senate Republicans have argued that too many universities have gone too far in response to pressure to crack down on sexual misconduct on campus. They say many schools punish teachers for alleged sexual harassment based on things said in provocative courses, or on lewd language that should be protected. \"People are treating vile words, or words that someone perceives as vile \u2014 they're equating that with vile conduct,\" said Nadine Strossen, former president of the American Civil Liberties Union. \"It's so pernicious and so threatening to freedom of speech \"If the employee has done something heinous or embarrassing, they may not want a public execution.\" Tyler Kingkade BuzzFeed News Reporter Comments Share your thoughts Some schools, like the scandal-plagued University of California system, are trying to improve the handling of sexual harassment cases by speeding up the timeline so investigations are done within a couple months. However, administrators who handle sexual misconduct issues warn that trying to rush an investigation can present problems when cases are complex. \"In my experience, there's no one case that's like any other case,\" said Brian Pappas, who recently served as a Title coordinator at Michigan State University's law school. It can be \"dangerous\" to leave a perpetrator on campus for several months, Pappas said, but if you try to meet a 60-day deadline for resolving a case, the investigation might be flawed. \"When you have dozens of witnesses and you're trying to retrieve text messages and emails, you don't really want to push something to final conclusion until the investigator feels ready,\" said Lake, who has also served as a Title coordinator at Stetson University. Ohio University said it strives to finish investigations within 60 days, but it can be tough booking witnesses for interviews. That\u2019s why the probe of Escobedo's behavior took nearly nine months. The president then took almost three months to weigh in on how to punish Escobedo. Escobedo then had 30 days to request a hearing before the faculty senate to challenge the firing recommendation, and another 60 days to prepare his defense. Escobedo's hearing is scheduled for Sept. 1 \u2014 nearly 18 months after Adams and Hempstead formally complained about him. After the hearing, if the faculty senate agrees Escobedo should be fired, the university's board of trustees will have to approve his termination, possibly at its October meeting, but it has no deadline for making such decisions. Nearly two years after the night when two women say Escobedo put his hands all over them making unwanted sexual advances, a year and a half after they told the school about it, and nearly a year after a university investigation substantiated their claims, the case could still be far from over. \u25cf Be One of the First to Comment Escobedo's hearing is scheduled September 1st \u2013 nearly 18 months after Adams and Hempstead formally complained about him. a brand. \u00a9 2025 BuzzFeed, Inc Press Privacy Consent Preferences User Terms Accessibility Statement Ad Choices Help Contact Sitemap"} |
7,823 | George Tyndall | University of Southern California | [
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] | {"7823_101.pdf": "By Associated Press Oct. 20, 2018, 7:36 offers $215M to settle gynecologist sex abuse claims, some opposed Lawyers for hundreds of accusers say it's not enough money and the university has yet to fully disclose what it knew The University of Southern California says it would pay $215 million to settle claims of sexual abuse and harassment by school gynecologist Dr. George Tyndall. Richard Vogel file \u2014 The University of Southern California says it would pay $215 million to settle claims of sexual abuse and harassment by a school gynecologist, but lawyers for hundreds of the accusers say it's not enough money and the university has yet to fully disclose what it knew about the doctor's behavior. The tentative settlement, which needs a judge's approval, will provide compensation ranging from $2,500 up to $250,000 to women who say Dr. George Tyndall abused them between 1988 and 2016 Interim President Wanda Austin said Friday in a statement. About 500 current and former students have now made accusations against Tyndall and filed various lawsuits. They contend he routinely made crude comments, took inappropriate photos, forced them to strip naked and groped them under the guise of medical treatment. Tyndall spent about three decades as a staff gynecologist before retiring last year after a university investigation concluded there was evidence that he sexually harassed students during exams. Tyndall has denied the allegations and has not been charged with a crime. The Los Angeles police and the Los Angeles County district attorney's office are reviewing allegations against him. His attorney, Leonard Levine, said in a statement that Tyndall \"continues to focus on the criminal investigation\" and had no further comment. The proposed settlement specifically applies to a pending federal class-action lawsuit that involves a fraction of the overall accusers but is open to every woman who ever had an appointment with the gynecologist. Three attorneys representing nearly 300 alleged victims say they're strongly advising their clients against joining the federal action so they can continue their fight in state court instead. \"The only guaranteed number in this case is $2,500 \u2014 $2,500 won't even get you a 50-yard-line seat at a football game, let alone compensate somebody for being sexually assaulted by their doctor when they were 18 or 17,\" said John Manly, an attorney who represents 180 accusers. Attorney Gloria Allred, who represents 36 women who have accused Tyndall, said in a statement that the amount of money under the proposed settlement is \"way too minimal.\" \"In our opinion, for what some of the victims went through, this is a nuisance amount and may not properly compensate victims for what some of them have suffered,\" she said. Manly also criticized the proposed settlement as failing to hold accountable and called it an effort to cap future monetary damages. AUG. 8 president resigns over criticism of how he handled school's sex abuse scandal AUG. 8 president resigns over criticism of how he handled school's sex abuse scandal 03:00 03:00 We apologize, this video has expired. \"We still don't know when did first know, how often were they warned, what administrators were involved, was there criminal conduct?\" Manly said. \"Our clients, more than anything, want those answers and people held accountable, not because it helps their case but to protect the future women at USC.\" Tara Lee, an attorney who represents USC, said questions regarding potential criminal conduct are being investigated \"and those answers will be available when the investigation itself is completed.\" \"The settlement process they're criticizing would not provide for that,\" she said. \"The settlement process would be very victim-focused to address their needs and make sure they have their claims identified and awarded.\" She said the university has worked \"to make this as inclusive a process as possible.\" Under the proposed settlement, any woman who had an appointment with Tyndall will get $2,500. Those who submit written claims detailing their allegations and the impact on their lives would be eligible for between $7,500 and $20,000. Women who agree to further detail their allegations in a private interview with a psychologist could see damages of up to $250,000. \"We tried to come up with a structure for the settlement that allows for individual plaintiffs in the punitive class to decide on an individualized level of engagement with the process,\" Lee said. Attorney Mike Arias, who represents 80 accusers, criticized how fast the proposed settlement came about, saying he and other attorneys were expecting to disclose more information about the case during mediation may quell the depth of the anger and upset by getting hundreds of other victims to join the settlement, but it's not going to be over,\" Arias said, adding that he and other attorneys will \"fight like hell\" against the settlement's approval. The university was first criticized in the case after the Los Angeles Times reported earlier this year that complaints and comments about Tyndall's care went unheeded by the school for decades and that failed to report him to the medical board even after the school quietly forced him into retirement. Two administrators were fired, and President C.L. Max Nikias stepped down following the criticism has denied accusations of a cover-up. Austin said in a statement that since she became interim university president, \"a fair and respectful resolution for as many former patients as possible has been a priority for the university and for me personally.\" \"Many sweeping changes have been made and we continue to work every day to prevent all forms of misconduct on our campuses, to provide outstanding care to all students, and to ensure we have policies and procedures that prioritize respect for our students and our entire university community,\" she said. On Thursday, 93 women who say Tyndall abused or harassed them announced the latest lawsuit against the university, saying it ignored decades of complaints. Dana Loewy said Tyndall assaulted her during an exam in 1993 am part of an accidental sisterhood of hundreds of women because the university we love betrayed our trust,\" she said 14: 5 women share their sexual misconduct allegations against gynecologist 14: 5 women share their sexual misconduct allegations against gynecologist 05:33 05:33 We apologize, this video has expired.", "7823_102.pdf": "Our use of cookies and other technologies We and our Affiliates use third parties to access and store data on your device to analyze use, improve your experience and personalize, measure and deliver ads and content. For more information, visit our Privacy Policy. You can Accept All Cookies, or go to Cookie Settings for more choices. Cookies Settings Accept All Cookies George Tyndall, former gynecologist accused of sexual misconduct, has died By Jack Hannah 2 minute read \u00b7 Published 5:47 EDT, Thu October 5, 2023 (CNN) \u2014 Former University of Southern California gynecologist George Tyndall, who was accused of sexually abusing his patients, was found dead Wednesday in his home, according to his attorney friend of Tyndall\u2019s went to check on him after he wasn\u2019t picking up his phone, Tyndall\u2019s attorney, Leonard Levine, told on Thursday. Levine said the friend found Tyndall \u201cunresponsive\u201d and \u201ccold to the touch has reached out to the Los Angeles Police Department and the Los Angeles County Medical Examiner\u2019s Office for more information. George Tyndall was charged with sexually assaulting 16 patients over the course of seven years. Al Seib/Los Angeles Times/Getty Images Our use of cookies and other technologies We and our Affiliates use third parties to access and store data on your device to analyze use, improve your experience and personalize, measure and deliver ads and content. For more information, visit our Privacy Policy. You can Accept All Cookies, or go to Cookie Settings for more choices. Tyndall was accused of inappropriately touching 16 women during his time as a gynecologist and was criminally charged with 29 counts of sex crimes in 2019, to which he pleaded not guilty. Tyndall was a gynecologist at the school for almost 30 years and was fired in 2017 previously reported. Levine calls Tyndall\u2019s death an \u201cunfortunate\u201d loss for not only his family but also for all involved in the impending trial. Levine said Tyndall \u201cwas very much looking forward\u201d to having his day in court New York subway shooter Frank James sentenced to 10 life terms plus 10 years in prison In 2021 paid a record-setting $1.1 billion to settle scores of lawsuits over the sexual abuse allegations against Tyndall. The settlement involved civil claims from 710 former patients of Tyndall. The victims\u2019 attorneys said it was \u201cthe largest sexual abuse settlement against any university and the largest personal injury settlement against any university in history.\u201d The large sum came from an $852 million settlement announced by the university in March 2021, a previous federal class-action settlement totaling $215 million as well as \u201cother settlements,\u201d according to USC. CNN\u2019s Cheri Mossburg, Holly Yan and Claire Colbert contributed to this report. Up next \u2018It\u2019s not what he expected\u2019: Rubio has competition for the role of America\u2019s top diplomat 10 minute read Columbia University makes policy changes in dispute over federal funding 4 minute read Our use of cookies and other technologies We and our Affiliates use third parties to access and store data on your device to analyze use, improve your experience and personalize, measure and deliver ads and content. For more information, visit our Privacy Policy. You can Accept All Cookies, or go to Cookie Settings for more choices. Trump says he didn\u2019t sign proclamation invoking Alien Enemies Act 3 minute read Trump delivers on a generational conservative goal, but it could be risky for Republicans as well as students 7 minute read In another tense hearing, Judge Boasberg says Trump\u2019s use of the Alien Enemies Act has \u2018frightening\u2019 implications 5 minute read Most read 1 \u2018It\u2019s not what he expected\u2019: Rubio has competition for the role of America\u2019s top diplomat 2 Columbia University makes policy changes in dispute over federal funding 3 Trump says he didn\u2019t sign proclamation invoking Alien Enemies Act 4 Trump delivers on a generational conservative goal, but it could be risky for Republicans as well as students 5 In another tense hearing, Judge Boasberg says Trump\u2019s use of the Alien Enemies Act has \u2018frightening\u2019 implications 6 \u2018He\u2019s been removed\u2019: Families of deported migrants on a desperate hunt for answers 7 Air traffic controller in Orlando stops Southwest Airlines pilots mistakenly trying to take off on a taxiway 8 Musk links trans people to Tesla attacks the same day his estranged daughter criticizes him in Teen Vogue interview 9 Ned is not dead man\u2019s quest to show the Social Security Administration he\u2019s alive and kicking 10 mountainous region in Italy is offering \u20ac100,000 to move there. 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You can Accept All Cookies, or go to Cookie Settings for more choices.", "7823_103.pdf": "/ Source: The Associated Press former University of Southern California campus gynecologist charged with sexually assaulting students was found dead Wednesday inside his home, his lawyer said. By The Associated Press Oct. 5, 2023, 3:49 George Tyndall, ex gynecologist charged with sexually assaulting students, dies before going to trial Tyndall was awaiting trial on 35 criminal counts of sexual misconduct from 2009 to 2016 at the university\u2019s student health center Get more news on George Tyndall was awaiting trial on 35 criminal counts of sexual misconduct between 2009 and 2016 at the university\u2019s student health center. He pleaded not guilty in 2019 and was free on bond. Leonard Levine, Tyndall\u2019s defense attorney, confirmed the death to The Associated Press on Thursday close friend went to Tyndall\u2019s home in Los Angeles on Wednesday after he had not answered her phone calls, Levine said. She found him dead in his bed. While the coroner\u2019s office will do an autopsy, Levine said there is \u201cno evidence of foul play or suicide.\u201d Levine said Tyndall was due back in court later this month to set a date for his trial. His client had denied any wrongdoing and wanted to present his case before a jury. \u201cHe\u2019s always maintained his innocence,\u201d Levine said. Hundreds of women came forward to report their allegations to police but some of the cases fell outside the 10-year statute of limitations, while others did not rise to the level of criminal charges or lacked sufficient evidence to prosecute. Still, he faced up to 64 years in prison if convicted. Even as the criminal case was pending agreed to an $852 million settlement with more than 700 women who accused the college\u2019s longtime campus gynecologist of sexual abuse, the victims\u2019 lawyers and announced in 2021. Tyndall, who worked at the school for nearly three decades, was deposed for the settlement and largely invoked his rights against self-incrimination in answers, the plaintiff\u2019s lawyers said. While he signed the settlement, he did not contribute any money toward it and did not admit to any wrongdoing. Separately earlier agreed to pay $215 million to settle a class-action lawsuit that applies to about 18,000 women who were patients of Tyndall. The individual payouts to those victims range from $2,500 to $250,000, and were given regardless of whether the women formally accused Tyndall of harassment or assault. Allegations against Tyndall first surfaced in 2018 in an investigation by the Los Angeles Times, which revealed that the doctor had been the subject of complaints of sexual misconduct at dating back to the 1990s. He wasn\u2019t suspended until 2016, when a nurse reported him to a rape crisis center. He was able to quietly resign with a large payout the next year. Tyndall surrendered his medical license in September 2019. George Tyndall in court for arraignment in Los Angeles on July 1, 2019. Patrick T. Fallon / Reuters file The Associated Press The Associated Press", "7823_104.pdf": "George Tyndall, former gynecologist accused of abusing hundreds of women, found dead Thursday, October 5, 2023 -- Dr. George Tyndall, the former University of Southern California campus gynecologist accused of sexually abusing hundreds of women, was found dead Wednesday at his home in Los Angeles, his attorney told News. He was 76. Dr. George Tyndall, the former campus gynecologist accused of sexually abusing hundreds of women, was found dead at his home in Los Angeles, his attorney told News. He was 76. 24/7 Live 62\u00b0 Tyndall was found deceased in bed by a close family friend who went to his home after being unable to reach him, according to attorney Leonard Levine. It was the friend's opinion that Tyndall had been dead for quite a while, Levine said Thursday. An autopsy is expected to be conducted, but Levine and the friend believe Tyndall died of natural causes. In March of 2021 agreed to an $852 million settlement with more than 700 women who accused Tyndall of sexual misconduct. Editor's note: This story includes discussion of sexual assault. If you or someone you know needs help, please call the National Sexual Assault Hotline at (800) 656-4673. When combined with an earlier settlement of a separate class-action suit agreed to pay out more than $1 billion for claims against the longtime campus doctor, who worked at the school for nearly three decades. At the time of his death, Tyndall was facing criminal charges of alleged sexual misconduct between 2009 and 2016 at the university's student health center. He had pleaded not guilty and was free on bond. Hundreds of women came forward to report their allegations to police but some of the cases fell outside the 10-year statute of limitations, while others did not rise to the level of criminal charges or lacked sufficient evidence to prosecute. Still, he had faced up to 64 years in prison if convicted ALSO: Oklahoma man abused children he fathered with stepdaughter: court documents Tyndall was deposed for the settlement and largely invoked his rights against self- incrimination in answers, the plaintiff's lawyers said in 2021. While he signed the settlement, he did not contribute any money toward it and did not admit to any wrongdoing. \"Dr. Tyndall continues to deny that he has engaged in any misconduct,\" Leonard Levine, Tyndall's attorney, said at the time. \"He has pleaded not guilty to the criminal charges and remains confident that when the allegations are tested in court in a jury trial, he will be totally exonerated.\" Two young women gave graphic testimony about examinations by USC's former longtime campus gynecologist as a hearing began to determine whether there is sufficient evidence to require him to stand trial on sex-related charges i... Show more Separately earlier agreed to pay $215 million to settle a class-action lawsuit that applied to about 18,000 women who were patients of Tyndall's. The individual payouts to those victims ranged from $2,500 to $250,000, and were given regardless of whether the women formally accused Tyndall of harassment or assault. Allegations against Tyndall first surfaced in 2018 in an investigation by the Los Angeles Times, which revealed that the doctor had been the subject of complaints of sexual misconduct at dating back to the 1990s. He wasn't suspended until 2016, when a nurse reported him to a rape crisis center. He was able to quietly resign with a large payout the next year. Tyndall surrendered his medical license in September 2019, records show. The Associated Press contributed to this report. Report a correction or typo Copyright \u00a9 2025 Television, LLC. All rights reserved. Related Topics Topics Weather Traffic Watch Photos Apps Regions Houston Southwest Southeast Northwest Northeast Categories Localish Action 13 Texas True Crime 13 Unsolved 13 Investigates Sports Renters' Rights Company About ABC13 Houston Contact Us ABC13 News Team Careers Privacy Policy Do Not Sell 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 Houston. All Rights Reserved. Enter to Win Submit News Tip ABC13 Merchandise", "7823_105.pdf": "Former doctor charged with sexual abuse of students dies before going to trial Oct 5, 2023 4:55 (AP) \u2014 The former University of Southern California campus gynecologist at the center of more than $1 billion worth of university payouts stemming from sexual abuse allegations by hundreds of women was found dead inside his home Wednesday, his lawyer said. George Tyndall, 76, was awaiting trial on more than two dozen criminal counts of sexual misconduct between 2009 and 2016 at the university\u2019s student health center. He pleaded not guilty in 2019 and was free on bond ahead of a trial that had not yet been scheduled. His lawyer, Leonard Levine, confirmed his death Thursday. WATCH: Survivor details how \u2019empowered\u2019 campus doctor at center of sexual abuse scandal close friend went to Tyndall\u2019s home in Los Angeles on Wednesday after he had not answered her phone calls, Levine said. She found him dead in his bed. Levine said there is \u201cno evidence of foul play or suicide.\u201d Levine said Tyndall was due back in court later this month to set a date for his trial. His client had denied any wrongdoing and wanted to present his case before a jury. \u201cHe\u2019s always maintained his innocence,\u201d Levine said. Tyndall was initially charged in 2019 with 35 felony counts, but that was later dropped to 27, the Los Angeles Times reported. Eighteen were counts of sexual penetration of an unconscious person and nine were counts of sexual battery by fraud. The charges relate to 16 former patients at the campus student health center. Allegations against Tyndall first surfaced in 2018 in an investigation by the Los Angeles Times, which revealed that the doctor had been the subject of complaints of sexual misconduct at dating back to the 1990s. He worked at the university for nearly three decades. Tyndall was suspended from the university in 2016, when a nurse reported him to a rape crisis center. He was able to quietly resign with a large payout the next year. Hundreds of women came forward to report their allegations to police but some of the cases fell outside the 10-year statute of limitations, while others did not rise to the level of criminal charges or lacked sufficient evidence to prosecute. Still, he faced up to 64 years in prison if convicted. As the criminal case was pending agreed to an $852 million settlement with more than 700 women who accused the college\u2019s longtime campus gynecologist of sexual abuse, the victims\u2019 lawyers and announced in 2021. It was believed to be a record sum for a sexual abuse lawsuit against a university. Nation Tyndall was deposed for the settlement and largely invoked his rights against self-incrimination in answers, the plaintiff\u2019s lawyers said. While he signed the settlement, he did not contribute any money toward it and did not admit to any wrongdoing. Separately earlier agreed to pay $215 million to settle a class-action lawsuit that applies to about 18,000 women who were patients of Tyndall. The individual payouts to those victims range from $2,500 to $250,000, and were given regardless of whether the women formally accused Tyndall of harassment or assault. Tyndall surrendered his medical license in September 2019. By \u2014 Stefanie Dazio, Associated Press", "7823_106.pdf": "George Tyndall, former gynecologist accused of sexual misconduct, found dead 14, 2023 \u00b7 6:17 3-Minute Listen The former gynecologist, who was accused of sexual misconduct by hundreds of women, has died. He was set to stand trial next year on sex crimes related to a smaller subset of 16 former patients CHANG, HOST: In Los Angeles, a physician accused of sexually assaulting hundreds of patients at the University of Southern California has died trial was expected to start next year on charges related to some of those cases, but now his accusers say his death has allowed him to avoid justice. From LA, Saul Gonzalez of member station reports GONZALEZ, BYLINE: In 2018, the University of Southern California was rocked when women came forward accusing the school's longtime student health gynecologist, George Tyndall, of sexually abusing them in incidents dating back decades. While studying law at in the early 1990s, Audry Nafziger was one of Tyndall's patients NAFZIGER: I'm a completely changed person because of it. Play Live Radio By clicking \u201cAccept All Cookies\u201d or continuing, you agree to the use of cookies, similar tracking and storage technologies, and information about your device to enhance your viewing, listening and user experience, personalize content, personalize messages from NPR\u2019s sponsors, provide social media features, and analyze NPR\u2019s traffic. This information is shared with social media, sponsorship, analytics, and other vendors or service providers. You may customize which cookies you accept in \"Cookie Settings.\" Cookies Settings Accept All Cookies GONZALEZ: Nafziger says that Tyndall sexually abused her by touching her in a non-medical way and taking photos of her body. NAFZIGER: We trust doctors trusted him didn't understand that everything he had done to me was actually for sexual interest. It was like my whole world came crashing down at that moment. GONZALEZ: Tyndall was ultimately accused of sexually abusing hundreds of patients. In response agreed to pay more than a billion dollars in civil settlements, a record amount for such a payout by a college or university. The school's then-president also resigned. Tyndall was supposed to go on trial next year on several sex crime charges, but then he died earlier this month at the age of 76, reportedly of natural causes. NAFZIGER: You know, it's a huge disappointment. GONZALEZ: Although Audry Nafziger wasn't a plaintiff in the criminal case against Tyndall because of the statute of limitations, she says his death has left her and many other victims feeling like Tyndall escaped justice. NAFZIGER: Him passing before this case got off the ground for trial - it was definitely my biggest fear and very discouraged to see that happen. GONZALEZ: Tyndall's attorney, Leonard Levine, says his client always maintained his innocence and looked forward to the trial as a way to clear his name LEVINE: And all he ever wanted was his day in court, which he was confident would end in his complete exoneration. Now, neither he nor his accusers will get that, and that is very unfortunate for everyone involved. GONZALEZ: John Manly, an attorney for many of Tyndall's accusers, including two in the criminal case, blasts Los Angeles County District Attorney George Gascon for moving too slowly to bring Tyndall's case to trial MANLY: You know, when you're a serial predator and you get to escape prison by simply waiting it out, that is injustice. And, you know, it's nauseating to see all these public officials give lip service to protecting women and, when the rubber meets the road, they do nothing. By clicking \u201cAccept All Cookies\u201d or continuing, you agree to the use of cookies, similar tracking and storage technologies, and information about your device to enhance your viewing, listening and user experience, personalize content, personalize messages from NPR\u2019s sponsors, provide social media features, and analyze NPR\u2019s traffic. This information is shared with social media, sponsorship, analytics, and other vendors or service providers. You may customize which cookies you accept in \"Cookie Settings.\" GONZALEZ: In an emailed statement to NPR, the DA's office says it understands the disappointment of Tyndall's victims. But the says the prosecution was slowed by the COVID-19 pandemic, which shuttered courts. Tyndall's death has also revived criticisms of for not doing more to protect students from Tyndall, especially when co-workers reported him years earlier for inappropriate behavior during patient examinations. Attorney John Manly argues it's an example of a bigger problem think that the problem of doctors engaging in sexual misconduct is much more widespread than people imagine, especially at academic institutions, because behind every George Tyndall that gets access to their patients for years to sexually abuse them is an administrator who knew and did nothing doesn't have a response to George Tyndall's death, but a spokesperson said the school had put in place many safeguards in recent years to protect students from sexual assault. For News, I'm Saul Gonzalez in Los Angeles. Copyright \u00a9 2023 NPR. All rights reserved. Visit our website terms of use and permissions pages at for further information transcripts are created on a rush deadline by an contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR\u2019s programming is the audio record. 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You may customize which cookies you accept in \"Cookie Settings Home News Culture Music Podcasts & Shows Newsletters Facebook Instagram Press Public Editor Corrections Contact & Help Overview Diversity Network Accessibility Ethics Finances Support Public Radio Sponsor Careers Shop Events Extra terms of use privacy your privacy choices text only \u00a9 2025 npr By clicking \u201cAccept All Cookies\u201d or continuing, you agree to the use of cookies, similar tracking and storage technologies, and information about your device to enhance your viewing, listening and user experience, personalize content, personalize messages from NPR\u2019s sponsors, provide social media features, and analyze NPR\u2019s traffic. This information is shared with social media, sponsorship, analytics, and other vendors or service providers. You may customize which cookies you accept in \"Cookie Settings.\"", "7823_107.pdf": "(AP) \u2014 The former University of Southern California campus gynecologist at the center of more than $1 billion worth of university payouts stemming from sexual abuse allegations by hundreds of women was found dead inside his home Wednesday, his lawyer said. George Tyndall, 76, was awaiting trial on more than two dozen criminal counts of sexual misconduct between 2009 and 2016 at the university\u2019s student health center. He pleaded not guilty in 2019 and was free on bond ahead of a trial that had not yet been scheduled. His lawyer, Leonard Levine, confirmed his death Thursday close friend went to Tyndall\u2019s home in Los Angeles on Wednesday after he had not answered her phone calls, Levine said. She found him dead in his bed. Levine said there is \u201cno evidence of foul play or suicide.\u201d Levine said Tyndall was due back in court later this month to set a date for his trial. His client had denied any wrongdoing and wanted to present his case before a jury Ex gynecologist charged with sexually assaulting students dies before going to trial Updated 4:52 EDT, October 5, 2023 Women\u2019s March Madness George Foreman dies F-47 fighter jet Jameis Winston deal Movie reviews \u201cHe\u2019s always maintained his innocence,\u201d Levine said. Tyndall was initially charged in 2019 with 35 felony counts, but that was later dropped to 27, the Los Angeles Times reported. Eighteen were counts of sexual penetration of an unconscious person and nine were counts of sexual battery by fraud. The charges relate to 16 former patients at the campus student health center Tennessee city accused of botching rape investigations agrees to $28M settlement Allegations against Tyndall first surfaced in 2018 in an investigation by the Los Angeles Times, which revealed that the doctor had been the subject of complaints of sexual misconduct at dating back to the 1990s. He worked at the university for nearly three decades. Tyndall was suspended from the university in 2016, when a nurse reported him to a rape crisis center. He was able to quietly resign with a large payout the next year. Hundreds of women came forward to report their allegations to police but some of the cases fell outside the 10-year statute of limitations, while others did not rise to the level of criminal charges or lacked sufficient evidence to prosecute. Still, he faced up to 64 years in prison if convicted. Harvey Weinstein's looming #MeToo retrial takes shape as judge rules on what jury will hear Federal appeals court upholds singer R. Kelly's convictions and 30-year prison term declined to comment Thursday on Tyndall\u2019s death. As the criminal case was pending, the university agreed to an $852 million settlement with more than 700 women who accused the college\u2019s longtime campus gynecologist of sexual abuse, the victims\u2019 lawyers and announced in 2021. It was believed to be a record sum for a sexual abuse lawsuit against a university. Tyndall was deposed for the settlement and largely invoked his rights against self-incrimination in answers, the plaintiff\u2019s lawyers said. While he signed the settlement, he did not contribute any money toward it and did not admit to any wrongdoing. Attorney John Manly, lead counsel in the civil case, on Thursday blamed the former and current district attorneys for years of delays in bringing criminal charges. Manly also represents two of the victims in the criminal proceedings. Manly said the case then dragged out while Tyndall was free on bond, adding to the victims\u2019 trauma and postponing the trial. He said his clients now will never have justice. \u201cIt\u2019s horrible can\u2019t explain it,\u201d Manly said. \u201cThey feel re-victimized, and they should.\u201d The Los Angeles County District Attorney\u2019s Office did not immediately respond to requests for comment. Separately in 2019 agreed to pay $215 million to settle a class-action lawsuit that applies to about 18,000 women who were patients of Tyndall. The individual payouts to those victims range from $2,500 to $250,000, and were given regardless of whether the women formally accused Tyndall of harassment or assault. Tyndall surrendered his medical license in September 2019 Dazio covers Northern Europe from Berlin for The Associated Press. She previously covered crime and criminal justice from Los Angeles. 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 Social Security will soon require in-person identity checks for new and existing recipients 5 People named in assassination documents are not happy their personal information was released"} |
7,540 | Dean Cohen | San Bernardino Valley College | [
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] | {"7540_101.pdf": "Cohen v. San Bernardino Valley College, 883 F. Supp. 1407 (C.D. Cal. 1995) U.S. District Court for the Central District of California - 883 F. Supp. 1407 (C.D. Cal. 1995) April 14, 1995 883 F. Supp. 1407 (1995) Dean COHEN, Plaintiff, v et al., Defendants. No. CV-94-1083-RSWL-GHKx. United States District Court, C.D. California. April 14, 1995. *1408 *1409 Rohde & Victoroff, Stephen F. Rohde and John W. Howard, Individual Rights Foundation, Los Angeles, CA, for plaintiff. Phillip L. Kossy, Littler Mendelson Fastiff Tichy & Mathiason, San Diego, CA, and Amy Greyson, Brunick Alvarez & Battersby, San Bernardino, CA, for defendants LEW, District Judge. Pursuant to Fed.R.Civ.P. 65(a), the parties in this case have stipulated to a bench trial in this matter based solely on a stipulated record and written briefs. This Court has jurisdiction under 28 U.S.C. \u00a7\u00a7 1331, 1343, and 1367. Plaintiff Dean Cohen (\"Cohen\") brings a 42 U.S.C. \u00a7 1983 action for violation of his First Amendment rights. He asks the Court to grant injunctive relief against various officials of San Bernardino Valley College (Defendants are hereinafter collectively referred to as \"the College\"). This action presents the question of whether a state college may limit the classroom speech of its professors in order to prevent the creation of a hostile, sexually discriminatory environment for its students. The Court hereby rules that a state college may do so, if the limitations involved are reasonable and narrowly *1410 tailored to achieve the college's mission of effectively educating its students. Plaintiff therefore receives no relief in this action. I. Facts The following facts are uncontroverted. Cohen is a tenured professor who has taught English and Film Studies at San Bernardino Valley College (\"SBVC\") since 1968. In the spring of 1992, Cohen taught a remedial English class (English 015) to community college students. Students are required to take English 015 as a prerequisite to other college-level English classes such as English 101. This matter arises out of discipline imposed on Cohen for his teaching in a 015 class in the spring semester of 1992. By his own admission, Cohen uses a confrontational teaching style designed to shock his students and make them think and write about controversial subjects. He assigns provocative essays such as Jonathan Swift's Modest Proposal\" and discusses subjects such as obscenity, cannibalism, and consensual sex with children. At times, Cohen uses vulgarities and profanity in the classroom. One of the students in the spring semester English 015 class, Anita Murillo, became offended by Cohen's repeated focus on topics of a sexual nature, his use of profanity and vulgarities, and by his comments which she believed were directed intentionally at her and some other female students in a humiliating and harassing manner. In February of 1992, Cohen began a class discussion in his English 015 class on the issue of pornography and played the \"devil's advocate\" by asserting controversial viewpoints. During classroom discussion on this subject, Cohen stated in class that he wrote for Hustler and Playboy, and he read some articles out loud in class. Cohen concluded the class discussion by requiring [1] [2] [3] his students to write essays defining pornography. When Cohen assigned the \"Define Pornography\" paper, Murillo asked for an alternative assignment but Cohen refused to give her one. According to Murillo, Professor Cohen then told her that if she met him in a bar he would help her get a better grade. She also claimed that Cohen would look down her shirt, as well as the shirts of other female students, and that he told her she was over-reacting because she was a woman. Murillo stopped attending Cohen's class and received a failing grade for the semester. She subsequently complained about Cohen's statements and conduct to the chair of the English Department, asserting that Cohen had sexually harassed her. Murillo then filed a formal written student grievance against Cohen on May 12, 1993. On May 26, 1993, the Faculty Grievance Committee held a hearing to determine whether Murillo's complaint was well-founded. Both Cohen and Murillo testified, submitted documents, and called witnesses on their own behalf. At the conclusion of the hearing, the Grievance Committee found that Professor Cohen had violated the Community College District's policy against sexual harassment by creating a hostile learning environment. The Grievance Committee *1411 then recommended certain disciplinary action to the President of the District. The President of the District then issued a ruling which found Cohen in violation of the District's policy against sexual harassment. Among other things, the President found that Cohen engaged in \"sexual harassment which had the effect of unreasonably interfering with an individual's academic performance or creating an intimidating, hostile or offensive work environment.\" In addition, the President found that Cohen made \"sexually suggestive\" remarks to Murillo and that several students were offended by Professor Cohen's use of profanity and frequent use of sexual topics in class. Both Cohen and Murillo appealed the President and Grievance Committee's decision to the San Bernardino Community College Board of Trustees (\"Board\") which considered the matter at hearings on October 15, 1993 and November 11, 1993. Cohen and Murillo were represented by attorneys and each of them testified on their own behalf. In addition, students came forward to testify about the sexual nature of Cohen's teaching material and his frequent use of derogatory language, sexual innuendo, and profanity. On November 17, 1993, the Board found that Cohen engaged in sexual harassment which unreasonably interfered with an individual's academic performance and created an [4] intimidating, hostile, or offensive learning environment. The Board then ordered Cohen to: 1. Provide a syllabus concerning his teaching style, purpose, content, and method to his students at the beginning of class and to the department chair by certain deadlines; 2. Attend a sexual harassment seminar within ninety days; 3. Undergo a formal evaluation procedure in accordance with the collective bargaining agreement; and 4. Become sensitive to the particular needs and backgrounds of his students, and to modify his teaching strategy when it becomes apparent that his techniques create a climate which impedes the students' ability to learn. Thereafter, on February 18, 1994, Cohen filed a suit under 42 U.S.C. \u00a7 1983 against the San Bernardino Valley College Board of Trustees, the Chancellor of SBVC, the President of SBVC, various department heads, and members of the Faculty Grievance Committee. The complaint sought a declaratory judgment, a preliminary and permanent injunction, damages, and attorneys' fees. On April 4, 1994, this Court denied Cohen's motion for a preliminary injunction, on the grounds that Cohen failed to show a likelihood of success on the merits. On July 18, 1994 this Court also dismissed entity defendants San Bernardino Valley College, the Board of Trustees of San Bernardino Community College District, and the Faculty Grievance Committee, on the grounds that the entity defendants enjoy Eleventh Amendment immunity and are not considered \"persons\" under 42 U.S.C. \u00a7 1983. On October 31, 1994, the Court ruled that the individual defendants are entitled to qualified immunity from damages under \u00a7 1983. II. The Policy As Applied to Cohen Does Not Violate the First Amendment [5] The heart of this suit is Cohen's assertion that the College's sexual harassment policy violates the First Amendment to the United States Constitution and Article I, \u00a7 2(a) of the California Constitution. Cohen's *1412 position implicates the current debate concerning the need to make workplaces and schools places of inclusion, and the need to preserve individual liberties. A. Academic Freedom Doctrine Cohen argues that his right to \"academic freedom\" prevents the College from punishing him for his classroom speech. In support of his argument, Cohen cites numerous cases. The concept of academic freedom, however, is more clearly established in academic literature than it is in the courts. See generally Symposium, Academic Freedom in a Changing Society, 66 Texas L.Rev. 1247 (1988). As one commentator has written, The First Amendment protects academic freedom. This simple proposition stands explicit or implicit in numerous judicial opinions, often proclaimed in fervid rhetoric. Attempts to understand the scope and foundation of a constitutional guarantee of academic freedom, however, generally result in paradox or confusion. The cases, shorn of panegyrics, are inconclusive, the promise of their rhetoric reproached by the ambiguous realities of academic life. The problems are fundamental: There has been no adequate analysis of what academic freedom the Constitution protects or of why it protects it. Lacking definition or guiding principle, the doctrine floats in the law, picking up decisions as a hull does barnacles. J. Peter Byrne, Academic Freedom \"Special Concern of the First Amendment\", 99 Yale L.J. 251, 252-53 (1989). Several courts have noted that judicial application of this doctrine is far from clear. Hillis v. Stephen F. Austin State Univ., 665 F.2d 547, 552-53 (5th Cir.), cert. denied, 457 U.S. 1106, 102 S. Ct. 2906, 73 L. Ed. 2d 1315 (1982); Mahoney v. Hankin, 593 F. Supp. 1171, 1174 (S.D.N.Y.1984) (stating that the parameters of academic freedom \"are not well-defined, especially with regard to a teacher's speech within the [college] classroom\"). [6] [7] While Supreme Court cases contain strongly worded defenses of \"academic freedom,\" their rhetoric is broader than their holdings. Namely, many cases restrict the government from regulating teachers' non-classroom conduct. For example, teachers like other government employees cannot be punished or excluded under unconstitutional statutes requiring them to take \"loyalty oaths\" or otherwise disclose their allegiance to \"subversive\" groups. Sweezy v. New Hampshire, 354 U.S. 234, 77 S. Ct. 1203, 1 L. Ed. 2d 1311 (1957); Wieman v. Updegraff, 344 U.S. 183, 73 S. Ct. 215, 97 L. Ed. 216 (1952). Nor may teachers be punished under unconstitutionally vague statutes forbidding \"treasonable\" or \"seditious\" words or actions. Keyishian v. Board of Regents, 385 U.S. 589, 87 S. Ct. 675, 17 L. Ed. 2d 629 (1967). The state is also precluded from punishing a teacher for publicly expressing his views on matters of public concern in regards to education. Pickering v. Board of Educ., 391 U.S. 563, 88 S. Ct. 1731, 20 L. Ed. 2d 811 (1968) (holding unconstitutional a school board's firing of a high school teacher for writing a letter to a local newspaper criticizing the school board); see discussion B. infra. Most of the appellate cases cited by Cohen deal, like Pickering, with non-classroom conduct. Powell v. Gallentine, 992 F.2d 1088 (10th Cir. 1993) (holding professor's revelation of grade fraud protected as a matter of public concern); Levin v. Harleston, 966 F.2d 85, 88-89 (2d Cir.1992) (finding that professor could not be penalized for non- classroom, controversial writings); Greminger v. Seaborne, 584 F.2d 275, 277 (8th Cir. 1978) (finding that public comment on educational *1413 funding and salaries was protected by the First Amendment). Other cited cases do not rest on First Amendment grounds. See, e.g., Mailloux v. Kiley, 448 F.2d 1242, 1243 (1st Cir.1971) (per curiam) (affirming on Due Process grounds judgment for high school teacher who used an obscenity in English class). Cohen cites only two Supreme Court cases which deal with regulation of teachers' classroom conduct, and these cases are based on the Establishment Clause, not on freedom of expression. Edwards v. Aguillard, 482 U.S. 578, 596-97, 107 S. Ct. 2573, 2584, 96 L. Ed. 2d 510 (1987) (striking down state law requiring teachers who taught \"evolution-science\" to also teach \"creation-science,\" on the grounds that the law endorsed religion in violation of the First Amendment); Epperson v. Arkansas, 393 U.S. 97, 103-04, 89 S. Ct. 266, 270, 21 L. Ed. 2d 228 (1968) (striking down state law prohibiting teaching of evolution, on the grounds that the government should be \"neutral\" in regards to religious tenets). In further support of his \"academic freedom\" argument, Cohen cites cases dealing with the constitutional rights of students within the school environment. Healy v. James, 408 U.S. 169, 187-88, 92 S. Ct. 2338-49, 33 L. Ed. 2d 266 (1972) (upholding associational right of college students forming a chapter to be formally recognized by the university and be accorded the same access to campus facilities as other college clubs); Tinker v. Des Moines Sch. Dist., 393 U.S. 503, 505-06, 89 S. Ct. 733, 736, 21 L. Ed. 2d 731 (1969) (upholding freedom to expression right of high school students to wear black armbands to school, in protest of the Vietnam War). Again, these cases do not directly control the facts of this case. Moreover, recent Supreme Court cases have narrowed the scope previously accorded to students' exercise of their constitutional rights within the high school setting. In Hazelwood Sch. Dist. v. Kuhlmeier, the Court allowed a high school principal to censor the school newspaper, because the censorship \"reasonably related to legitimate pedagogical concerns.\" 484 U.S. 260, 273, 108 S. Ct. 562, 571, 98 L. Ed. 2d 592 (1988). In so ruling, the Supreme Court stated that, while students do not shed their rights at the schoolhouse door, students' freedom of expression is \"`not automatically coextensive with the rights of adults in other settings.'\" Hazelwood, 484 U.S. at 267, 108 S. Ct. at 567 (quoting Bethel Sch. Dist. No. 403 v. Fraser, 478 U.S. 675, 682, 106 S. Ct. 3159, 3164, 92 L. Ed. 2d 549 (1986)). This was a restriction of Tinker, which primarily focused on whether the expression at issue presented the possibility of materially and substantially disrupting the educational process. Tinker, 393 U.S. at 512-13, 89 S. Ct. at 740. The Hazelwood Court stressed that high schools are allowed broad control over their curriculum. Hazelwood, 484 U.S. at 271, 108 S. Ct. at 570. In Bethel, the Court likewise found that high schools could restrict speech which undermined the school's \"basic educational mission.\" 478 U.S. at 686, 106 S. Ct. at 3165. In that case, the high school punished a student for giving a speech full of sexual innuendo at a school-sponsored assembly. Id. at 675, 106 S. Ct. at 3160. The Bethel Court found this punishment permissible, in light of the school's interest in \"teaching students the boundaries of socially appropriate behavior.\" Id. at 681, 106 S. Ct. at 3163 number of circuits have found similar broad university control over curriculum. The First Circuit has held that a university has substantial control over such core university concerns as \"course content, homework load, and grading policy.\" Lovelace v. Southeastern Massachusetts University, 793 F.2d 419, 424 (1st Cir.1986). The Lovelace court held that a university may decline to renew a nontenured teacher's employment on the grounds that his grading policy failed to comply with university standards. Id. In so holding, the Lovelace court refused to find that the teacher's grading policy was constitutionally protected, stating that \"[t]he first *1414 amendment does not require that each nontenured professor be made a sovereign unto himself.\" Id. Other courts have likewise found substantial university control over grading policies and teaching methods. Peloza v. Capistrano Unified School Dist., 782 F. Supp. 1412, 1416 [8] (C.D.Cal.1992) (holding that a high school biology teacher has no \"constitutional right to conduct himself as a loose cannon in his classroom ... and teach scientific theories of his own choosing\"), aff'd in part and rev'd in part on other grounds, 37 F.3d 517 (9th Cir.1994); Hillis v. Stephen F. Austin State Univ., 665 F.2d 547, 552 (5th Cir.) (holding nontenured teacher could be terminated for refusing to give an unearned grade to a student), cert. denied, 457 U.S. 1106, 102 S. Ct. 2906, 73 L. Ed. 2d 1315 (1982); Hetrick v. Martin, 480 F.2d 705, 708-09 (6th Cir.) (upholding university's decision to decline to renew a nontenured teacher because of her pedagogical methods; the pedagogical methods at issue included stating, in the classroom am an unwed mother\"), cert. denied, 414 U.S. 1075, 94 S. Ct. 592, 38 L. Ed. 2d 482 (1973); Clark v. Holmes, 474 F.2d 928, 931-32 (7th Cir.1972) (upholding university's decision to decline to renew a nontenured teacher because of the teacher's refusal to conform to university-required course content and teaching approach), cert. denied, 411 U.S. 972, 93 S. Ct. 2148, 36 L. Ed. 2d 695 (1973). Other courts, however, have placed limits on the state's control of classroom discussion. Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir.1969) (finding that a high school teacher's classroom use of an obscenity for demonstrated educational purpose was protected); Dube v. State Univ., 900 F.2d 587, 598 (2d Cir.1990) (denying qualified immunity to defendants on the grounds that a professor's classroom discussion of controversial topics was protected by the First Amendment), cert. denied, 501 U.S. 1211, 111 S. Ct. 2814, 115 L. Ed. 2d 986 (1991); Parducci v. Rutland, 316 F. Supp. 352, 356 (M.D.Ala.1970) (holding that a high school English teacher could not be penalized for assigning a Kurt Vonnegut short story which was not inappropriate or disruptive). Thus, a review of the case law shows that, despite eloquent rhetoric on \"academic freedom,\" the courts have declined to cede all classroom control to teachers. The parameters of academic freedom are not distinct, particularly in relation to the potential conflict with a university's duty to ensure adequate education of its students. What is clear, however, is that invocation of the \"academic freedom\" doctrine does not adequately address the complex issues presented by this case. For that reason, this Court declines to hold that SBVC's discipline of Cohen is precluded by general notions of academic freedom under the First Amendment. B. The Government as Employer Cases Because the doctrine of academic freedom does not clearly protect Cohen's classroom, curriculum-based speech, the Court now turns to the line of cases dealing with the government's ability to regulate its employees' speech. The Supreme Court has acknowledged the conflict inherent in public employers' restriction of employee speech. In Connick v. Myers, the Supreme Court confirmed the government's right as an employer to restrict employee speech, unless that speech pertains to matters of \"public concern.\" 461 U.S. 138, 142, 103 S. Ct. 1684, 1687, 75 L. Ed. 2d 708 (1983) (citing Pickering v. Board of Educ., 391 U.S. 563, 88 S. Ct. 1731, 20 L. Ed. 2d 811 (1968)), as the root of this doctrine). Connick discussed the discharge of a Louisiana assistant district attorney. The assistant district attorney was terminated for her workplace distribution of a \"questionnaire\" on office policies and morale which essentially asked for a \"vote of no-confidence\" in office supervisors. She argued that, inasmuch as the questionnaire dealt with the workings of a governmental agency, it was speech on a matter of public concern and therefore protected. The Connick Court disagreed, finding that the survey was designed to support the assistant district attorney's own personal battle with her superiors over a proposed transfer, not to objectively evaluate or comment on the workings of the district attorneys' office. 461 U.S. at 147-48, 103 S. Ct. at 1690. *1415 Under Connick, this Court must first determine whether Cohen's speech can be characterized as \"constituting speech on a matter of public concern.\" 461 U.S. at 146, 103 S. Ct. at 1690. If it can be so characterized, then the Defendants must show that the speech \"substantially interfered\" with government duties. 461 U.S. at 149-50, 103 S. Ct. at 1691. If it is not speech on a matter of public concern, then the government is entitled to \"wide latitude in managing [its employees], without intrusive oversight by the judiciary in the name of the First Amendment,\" and this Court may not interfere in such managerial decisionmaking. 461 U.S. at 146, 103 S. Ct. at 1690. Waters v. Churchill further elaborated on this approach to governmental restriction of employees' speech. ___ U.S. ___, 114 S. Ct. 1878, 128 L. Ed. 2d 686 (1994) (plurality opinion). In that case, a nurse employed at a state-run hospital was terminated for criticizing departmental policies to a potential department employee. Id. In ruling that the termination did not violate the nurse's First Amendment rights, Justice O'Connor wrote for the four-Justice plurality: To be protected, the [government employee's] speech must be on a matter of public concern, and the employee's interest in expressing herself on this matter must not be outweighed by any injury the speech could cause to \"`the interest of the State, as an employer in promoting the efficiency of the public services it performs through its employees.'\" Id. at ___, 114 S. Ct. at 1884 (quoting Connick, 461 U.S. at 142, 103 S.Ct. at 1687). Waters expressly states that \"constitutional review of government employment decisions must rest on different principles than review of speech restraints imposed by the government as sovereign.\" Id. at ___, 114 S. Ct. at 1887. The government as employer has far broader powers to restrict its employees' speech than does the government as sovereign. Id. at ___, 114 S. Ct. at 1886. This broad power is based on the government's interest in efficiently carrying out its mission. Id. at ___-___, 114 S. Ct. at 1887-88. The Supreme Court recently affirmed this approach in United States v. National Treasury Employees Union, when it struck down a federal law prohibiting federal executive branch employees from receiving compensation for speeches or articles. ___ U.S. ___, ___, 115 S. Ct. 1003, 1008, 130 L. Ed. 2d 964 (1995). In so holding, the Court found that the prohibited speech involved matters of public concern. Id. at ___, 115 S. Ct. at 1013. The Court further found that the government's argument that regulation was necessary to prevent workplace disruption was speculative and did not justify the burden imposed on expressive activities. Id. at ___, 115 S. Ct. at 1015. The Connick approach has been applied within an educational context. The Pickering Court acknowledged that, it cannot be gainsaid that the State has interests as an employer in regulating the speech of its employees that differ significantly from those it possesses in connection with regulation of the speech of the citizenry in general. The problem in any case is to arrive at a balance between the interests of the teacher, as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees. Pickering, 391 U.S. at 568, 88 S. Ct. at 1734-35. The Ninth Circuit has previously employed a Pickering balancing-type test to a high-school journalism teacher's freedom of expression rights. Nicholson v. Board of Educ., 682 F.2d 858, 865 (9th Cir.1982). In Nicholson, a journalism teacher was terminated after, contrary to the principal's instructions, he encouraged the publication of controversial articles in the high school paper and failed to submit sensitive articles to school administrators before publication. Id. The Nicholson court found that the school had an interest in school discipline, loyalty, and harmony among co-workers, and that therefore, the teacher's termination did not violate the First Amendment. Id. In this case, the record is undisputed as to what speech is at issue. This speech falls into two categories: (1) Cohen's use of vulgarities and obscenities in the classroom; and (2) Cohen's curricular focus on sexual *1416 topics such as pornography, as well as his classroom comments on sexual subjects. 1. Speech on a Matter of Public Concern Cohen's profanity is not speech on a matter of public concern. Yniguez v. Arizonans for Official English, 42 F.3d 1217, 1235 n. 20 (9th Cir.1994) (citing Waters) (dictum) (\"[T]he government would have an indisputable right to prohibit its employees from using profanity or abusive language....\"); see Waters, ___ U.S. at ___, 114 S. Ct. at 1886 (\"[W]e have never expressed doubt that a government employer may bar its employees from using Mr. Cohen's offensive utterance to members of the public, or to the people with whom they work.\"). The Fifth Circuit has squarely held that a college instructor's habitual classroom use of profanity is not speech on a matter of public concern. Martin v. Parrish, 805 F.2d 583, 585 (5th Cir. 1986); see Dambrot v. Central Michigan Univ., 839 F. Supp. 477, 488 (E.D.Mich.1993) (finding that university basketball coach's use of a racial epithet during team pep-talk was not speech on a matter of public concern). Thus, Cohen's use of profanity is not protected speech under Connick, and it may be regulated by the College. However, it is less clear whether Cohen's comments on pornography and other sexual topics constitute speech on a matter of public concern. The determination of whether an employee's speech is a matter of public concern is often a difficult one, for which there are few bright-line tests. See generally Stephen Allred, From Connick to Confusion: The Struggle to Define Speech on Matters of Public Concern, 64 Ind.L.J. 43 (1988); D. Gordon Smith, Comment, Beyond \"Public Concern\": New Free Speech Standards for Public Employees, 57 U.Chi.L.Rev. 249 (1990 public employee's speech is constitutionally protected if it may be fairly considered to relate to \"any matter of political, social, or other concern to the community.\" Connick, 461 U.S. at 146, 103 S. Ct. at 1690. In determining whether an employee's speech addresses a matter of public concern, the Court must look at the \"`content, form, and context of a given statement, as revealed by the whole record.'\" Rankin v. McPherson, 483 U.S. 378, 384-85, 107 S. Ct. 2891, 2897, 97 L. Ed. 2d 315 (1987) (quoting Connick, 461 U.S. at 147-48, 103 S.Ct. at 1690) (finding a state employee's comment on the attempted assassination of President Ronald Reagan that she hoped the next attempt would succeed was speech on a matter of public concern). This determination is made as a matter of law. Allen v. Scribner, 812 F.2d 426, 430 n. 8 (9th Cir.), amended, 828 F.2d 1445 (9th Cir.1987). Content is the most important factor in this analysis. Johnson v. Multnomah County, 48 F.3d 420, 424- 25 (9th Cir. Feb. 16, 1995). Moreover, \"[t]he inappropriate or controversial character of a statement is irrelevant to the question of whether it deals with a matter of public concern.\" Rankin, 483 U.S. at 387, 107 S. Ct. at 2898. Many cases address this \"matter of public concern\" issue within the context of an employee's criticism of government conduct. In Gillette v. Delmore, the Ninth Circuit found that a fireman's criticism of fire department action, during the action in question, involved a matter of public concern. 886 F.2d 1194, 1197 (9th Cir.1989). The Gillette Court wrote that the fireman's speech \"concerned the manner in which police and fire fighters performed their duties on a particular occasion,\" and thus was entitled to constitutional protection. Id. at 1197; see Hyland v. Wonder, 972 F.2d 1129, 1139 (9th Cir.1992) (holding that juvenile hall volunteer could not be penalized for sending memorandum critical of juvenile hall management to judges and the governing agencies), cert. denied, ___ U.S. ___, 113 S. Ct. 2337, 124 L. Ed. 2d 248 (1993); Burgess v. Pierce County, 918 F.2d 104, 106 (9th Cir.1990) (per curiam) (holding that fire marshall's opposition to county ordinance was protected speech on a matter of public concern); Allen v. Scribner, 812 F.2d 426, 431 (9th Cir.), amended, 828 F.2d 1445 (9th Cir.1987) (holding that state entomologist's public criticism of state's medfly infestation project was speech on a matter of public concern). In those cases, the courts focused on determining whether the statements at issue were protected speech on government conduct or unprotected speech dealing with the *1417 \"minutiae of workplace grievances.\" See Johnson v. Multnomah County, 48 F.3d at 425 (finding that county employee's criticism of her supervisor as part of the \"good old boy network\" involved in misconduct and mismanagement was speech on a matter of public concern, even though there was evidence that the employee was personally \"embittered\"); McKinley v. City of Eloy, 705 F.2d 1110, 1114 (9th Cir.1983) (holding that police officer's public criticism of police pay rate was speech on a matter of public concern because \" [s]peech by public employees may be characterized as not of `public concern' when it is clear that such speech deals with individual personnel disputes and grievances and that the information would be of no relevance to the public's evaluation of the performance of governmental agencies\"). The court of appeals has held that \"[o]ne critical inquiry is whether the employee spoke in order to bring wrongdoing to light or merely to further some purely private interest.\" Havekost v. U.S. Dep't of Navy, 925 F.2d 316, 318 (9th Cir.1991) (holding that grocery bagger's circulation of petition calling for discharge of head grocery bagger was not speech on a matter of public concern). While these government criticism cases constitute the scenario most often considered under Connick, numerous cases have applied Connick where, as here, the speech at issue was unrelated to government conduct. These cases, for example, have dealt with comments about political figures as in Rankin and with speaking Spanish on the job as in Yniguez. The Fifth Circuit has held that a high school teacher's supplemental reading list was not speech on a matter of public concern. Kirkland v. Northside Ind. Sch. Dist., 890 F.2d 794, 802 (5th Cir.1989), cert. denied, 496 U.S. 926, 110 S. Ct. 2620, 110 L. Ed. 2d 641 (1990). Further, a firefighter's reading of Playboy Magazine during his off-duty hours at the firehouse has been found to be protected expression related to matters of public concern because the magazine included articles \"relating to politics, sports, arts and entertainment.\" Johnson v. County of Los Angeles Fire Dep't, 865 F. Supp. 1430, 1436 (C.D.Cal.1994). Based on this case law, the Court finds that the pornography topic and the other sexually- oriented topics discussed in Cohen's classes are matters of concern to the community and thus are topics of public concern. The Court further finds that the record shows that the content and form of Cohen's statements addressed these topics. Thus, Cohen's commentary on those topics is commentary on a matter of public concern. Therefore, the first prong of the Connick test for protected government employee speech is satisfied. The Court must now address the balancing prong of the Connick test. 2. Balancing Test Because Cohen's speech in assigning sexually focused topics and his commentary on those topics relates to a matter of public concern, the burden shifts to Defendants to show that their legitimate interests outweigh Cohen's First Amendment interests. Rankin, 483 U.S. at 388, 107 S. Ct. at 2899; Johnson v. Multnomah County, 48 F.3d at 421-22. In applying this balancing test, the Court must consider the manner, time, place, and context of the employee's expression. Rankin, 483 U.S. at 388, 107 S. Ct. at 2899. The state's burden in justifying the regulation varies according to the nature of the employee's expression. Connick, 461 U.S. at 150, 103 S. Ct. at 1691-92. Other pertinent considerations include \"whether the statement impairs discipline by superiors or harmony among co-workers, has a detrimental impact on close working relationships for which personal loyalty and confidence are necessary, or impedes the performance of the speaker's duties or interferes with the regular operation of the enterprise.\" Rankin, 483 U.S. at 388, 107 S. Ct. at 2899 (citing Pickering v. Board of Educ., 391 U.S. 563, 570-73, 88 S. Ct. 1731, 1735-37, 20 L. Ed. 2d 811 (1968)). Essentially, the state's interest is based on \"the effective functioning of the public employer's enterprise.\" 483 U.S. at 388, 107 S. Ct. at 2899. The Court must consider the employer's interest in effectively functioning, and whether that effective function is disrupted. Thomas v. Carpenter, 881 F.2d 828, 830-31 (9th Cir.1989) (holding that sheriff's *1418 deputy could not be penalized for statements made during an election in which he challenged the incumbent sheriff), cert. denied, 494 U.S. 1028, 110 S. Ct. 1475, 108 L. Ed. 2d 612 (1990). In so determining the government's interest, the Court should consider whether the statement at issue impairs discipline, co- worker relations, or impedes the performance of the speaker's duties or the operation of the enterprise. Id. at 831. If the speech at issue directly deals with issues of public concern, a stronger showing of disruption is required. Id. (citing McKinley v. City of Eloy, 705 F.2d 1110, 1115 (9th Cir. 1983)). The context of the situation determines how strong a showing must be made. Id showing of real, not imagined disruption, is required. McKinley, 705 F.2d at 1115. In I.N.S. v. Federal Labor Relations Auth., the Ninth Circuit held that the First Amendment interests of an I.N.S. agent in wearing a pro-union button on his uniform while he was on duty were outweighed by the agency's efficient functioning interest in presenting an easily recognizable image to the public and fostering esprit de corps. 855 F.2d 1454, 1466 (9th Cir.1988). In so holding, the court noted that the regulation at issue was not directed at a particular viewpoint or even at expression per se. Id. Pre-Connick, the Ninth Circuit declined to apply Pickering's protection of public employee speech to police officers publicly critical of police department tactics, stating that \"[s]ubstantial differences between the public interest in education and the public interest in safety and order justify a difference in the standards by which the respective institutions may protect themselves from attempted destruction by their employees.\" Byrd v. Gain, 558 F.2d 553, 554 (9th Cir.1977), cert. denied, 434 U.S. 1087, 98 S. Ct. 1282, 55 L. Ed. 2d 792 (1978). Byrd's distinction between teachers and police officers has been cited by subsequent Ninth Circuit cases as highlighting the need to consider the context of the statement when applying the second prong of the Connick-Waters test. Thomas, 881 F.2d at 831; Allen, 812 F.2d at 432. In Wheaton v. Webb-Petett, the court of appeals upheld the termination of a managerial state employee who, during informational meetings, made remarks \"unsupportive\" of a new state program to employees responsible for implementing that program. 931 F.2d 613, 618 (9th Cir.1991). The Wheaton court found that, although the manager had a strong interest as a citizen in dissenting as to the new program, that interest was outweighed by the risk that his reiterated objections would endanger the implementation of the new program. Id. In line with that reasoning, the court of appeals has similarly held that an employee's comments on the government's behalf may be restricted by the government. Kotwica v. City of Tucson, 801 F.2d 1182, 1184-85 (9th Cir.1986) (holding that government spokesperson's comments to media on proposed city program, when she had been expressly instructed not to comment on the program, were not protected because of the government's interest in the accurate announcement of its policy). The Ninth Circuit recently applied the Waters-Connick balancing test to an Arizona law prohibiting state employees from speaking languages other than English on the job. Yniguez v. Arizonans for Official English, 42 F.3d 1217, 1234-35 (9th Cir.1994). In applying the balancing test, the court of appeals found that the state law was unconstitutional, because there was no evidence that the state's interest in efficiency was served by the language prohibition. Id. at 1239. The Ninth Circuit did not directly address the question of whether speaking a language other than English actually qualifies as speech on a matter of public concern but merely noted that the fact that the speech occurred as part of the performance of official duties did not dictate a result. Id. at 1235. The College brings forth substantial, uncontroverted evidence showing that the educational process was disrupted by Cohen's focus on sexual topics and teaching style. There is testimony from the complaining student and from other students in the class that Cohen's sexually suggestive remarks, use of vulgarities and obscenities, and the topics for discussion prevented them from learning. Furthermore, written evaluations of Cohen by his colleagues done in November of 1992, *1419 before Murillo filed her grievance against Cohen, show that while his colleagues respected Cohen as a teacher, several of them entertained doubts as to the efficacy of his confrontational teaching methods. According to one peer evaluator who observed a class in which Cohen discussed and assigned a paper on the topic of consensual sex with children, Cohen's specific focus impedes academic success for some students question whether or not many of our students have the academic preparation and/or emotional maturity (stability) to cope with the nature of Mr. Cohen's assignments. Opp. to Mot. Prelim. Inj., Bundy Decl., Ex. 14 at 363. Another observer stated that Cohen's approach to the topic of \"the pros or the cons of consensual sex with children\" did not foster unfettered discussion by students but instead \"require[d] self-censorship rather than complex analysis of an important issue.\" Opp. to Mot. Prelim. Inj., Bundy Decl., Ex. 14 at 361. The evaluator further wrote that, [c]ertainly the issue of what in this society is considered to be sexual abuse deserves discussion. But given the student population, it deserves sensitive, complex discussion not the reductionist approach that Mr. Cohen's assignment requires. Rather than fostering free inquiry, Mr. Cohen's assignment as stated undermines the crucial nature of the issue. Opp. to Mot. Prelim. Inj., Bundy Decl., Ex. 14 at 361. Lastly, Cohen himself concedes that his teaching methods do not work with every student. He has stated that he deliberately uses an \"abrasive\" teaching style to elicit a response from his students. He admitted during the hearing before the Board that, while his style was effective as to some students, it was not as to others: \"[T]here's always a sort of ratio between success and failure. Techniques work with one student and not another....\" Opp. to Mot. Prelim. Inj., Bundy Decl., Ex. 17 at 447 (11/11/93 Hearing Tr. at 46). Moreover, in answer to a question as to whether he considered himself an excellent teacher, Cohen replied, \"That would depend on the student teacher is good with one student and not so good with another, and that has something to do with the student's perception of the teacher. One cannot be all things to all students.\" Opp. to Mot. Prelim. Inj., Bundy Decl., Ex. 17 at 453 (11/11/93 Hearing Tr. at 52). In fairness, the Court must note that there is evidence in the record that Cohen's teaching style is effective for at least some students. Cohen's colleagues have stated that he is a gifted and enthusiastic teacher. Furthermore, according to the chair of the English Department (who is a defendant in this action), Cohen's teaching style is within the range of acceptable academic practice. The record also contains statements from several students to the effect that Cohen's challenging classroom style contributed to their learning experience. Moreover, the record contains positive student evaluations of Cohen submitted by English 101 and English 015 classes for the Fall 1992 and Fall 1993 semesters. However, this evidence does not controvert the evidence showing that the learning process for a number of students was hampered by the hostile learning environment created by Cohen. In applying a \"hostile environment\" prohibition, there is the danger that the most sensitive and the most easily offended students will be given veto power over class content and methodology. Good teaching should challenge students and at times may intimidate students or make them uncomfortable. In a different context, the Supreme Court has previously refused to ban all material which offends the sensibilities of society's most sensitive and vulnerable members. Butler v. Michigan, 352 U.S. 380, 383-84, 77 S. Ct. 524, 525-26, 1 L. Ed. 2d 412 (1957) (holding that a state statute prohibiting all distribution of written material harmful to minors was \"burn[ing] the house to roast the pig\" because it \"reduce[d] the adult population of Michigan to reading only what is fit for children\"). Colleges and universities, as well as the courts, must avoid a tyranny of mediocrity, in which all discourse is made bland enough to suit the tastes of all students. However, colleges and universities must have the power to require professors to effectively *1420 educate all segments of the student population, including those students unused to the rough and tumble of intellectual discussion. If colleges and universities lack this power, each classroom becomes a separate fiefdom in which the educational process is subject to professorial whim. Universities must be able to ensure that the more vulnerable as well as the more sophisticated students receive a suitable education. The Supreme Court has clearly stated that the public employer must be able to achieve its mission and avoid disruption of the workplace. Within the educational context, the university's mission is to effectively educate students, keeping in mind students' varying backgrounds and sensitivities. Furthermore, the university has the right to preclude disruption of this educational mission through the creation of a hostile learning environment. As the Yniguez court noted, public employers must have the authority to determine what tasks its employees perform. Yniguez, 42 F.3d at 1235 n. 20. The restrictions imposed by Defendants are not onerous. The College has required Cohen to issue a syllabus at the beginning of each semester for each of his classes. Cohen must attend a sexual harassment seminar. Cohen must be formally evaluated, and he is directed to \"be sensitive\" to students. These restrictions are tailored and reasonable, in light of the issues involved. The College is not directly censoring Cohen's choice of topics or teaching style. In essence, the College is requiring Cohen to warn students of his teaching style and topics so that those students for whom this approach is ineffective may make an informed choice as to their educations. Thus, even though Cohen's speech on the topic of pornography was speech on a matter of public interest, the College's interest in effectively educating its students outweighs Cohen's interest in focussing on sexual topics in the classroom, to the extent that the university only requires Cohen to warn potential students of his teaching style and topics. As an alternative basis for its ruling, the Court recognizes the constitutional implications of the College's substantial interest in preventing the creation of a hostile, sexually discriminatory environment which would disrupt the educational process. The Supreme Court has found that creating a \"hostile environment\" based on gender is a form of sexual harassment which violates Title VII. Harris v. Forklift Sys., Inc., ___ U.S. ___, ___-___, 114 S. Ct. 367, 370-71, 126 L. Ed. 2d 295 (1993); Meritor Savings Bank v. Vinson, 477 U.S. 57, 64, 106 S. Ct. 2399, 2404-05, 91 L. Ed. 2d 49 (1986). Several circuits, including the Ninth Circuit, have held that sexual harassment is a type of sexual discrimination which violates the Equal Protection Clause of the Fourteenth Amendment. Bator v. Hawaii, 39 F.3d 1021, 1027 (9th Cir.1994) (holding that a claim of sexual harassment \"can be impermissible sex discrimination in violation of the Equal Protection Clause\"); Bohen v. City of East Chicago, 799 F.2d 1180, 1185 (7th Cir.1986) (\"Sexual harassment of female employees by a state employer constitutes sex discrimination for purposes of the equal protection clause of the fourteenth amendment.\"); Starrett v. Wadley, 876 F.2d 808, 814- 15 (10th Cir.1989) (holding that terminated state employee plaintiff had a 42 U.S.C. \u00a7 1983 cause of action for supervisor's propositions, physical contact, and quid pro quo threats). *1421 III. Cohen Received Fair Notice Under the Speech Policy, and the Policy is Not Facially Invalid Cohen further argues that, under the First Amendment, he is guaranteed \"fair notice\" of restrictions on protected speech, and that he did not receive such notice. Cohen's argument fails under the Connick-Waters line of cases which hold that the government as employer has broader procedural, as well as substantive, power in restricting speech. Waters, ___ U.S. at ___, 114 S. Ct. at 1886. For example, a public employer may prohibit its employees from \"`being rude to customers,'\" a standard that in another context would be impermissibly vague. Waters, ___ U.S. at ___-___, 114 S. Ct. at 1886-87. Thus, even if the sexual harassment policy at issue here would be considered impermissibly vague or overbroad if applied to the public at large, the Court holds that the College as a public employer has greater substantive and procedural power to regulate its employees' speech, and that the policy therefore is not invalid on its face. Moreover, the Court holds that Cohen received fair notice of what speech was prohibited by the policy. [9] [10] Cohen cites two cases in which public university \"hate speech\" codes governing student speech were struck down as unconstitutionally vague and overbroad. Although the speech codes in those cases regulated student speech, not just the speech of state employees, their language closely parallels the language at issue here. In Doe v. University of Michigan, the university restricted speech which, among other things \"stigmatizes or victimizes an individual on the basis of race, ethnicity, religion, sex ... and that ... [c]reates an intimidating, hostile, or demeaning environment for educational pursuits. ...\" 721 F. Supp. 852, 856 (E.D.Mich. 1989). The university speech code further banned \"sexual advances, requests for sexual favors, and verbal or physical conduct that stigmatizes or victimizes an individual on the basis of sex ... where such behavior ... [c]reates an intimidating, hostile, or demeaning environment for educational pursuits, employment....\" Id. The district court struck down these regulations as facially vague and overbroad, and as applied. Id. at 864- 67. The Post, Inc. v. Board of Regents court similarly struck down as vague and overbroad University of Wisconsin regulations prohibiting racist or discriminatory comments, epithets or other express behavior directed at an individual ... if such comments ... intentionally: ... [c]reate an intimidating, hostile, or demeaning environment for education.... 774 F. Supp. 1163, 1178, 1180 (E.D.Wis.1991); see Dambrot v. Central Michigan Univ., 839 F. Supp. 477 (E.D.Mich.1993) (striking down hate speech code as facially invalid, even though not unconstitutional as applied to university coach under Connick). However, the speech codes at issue in the above cases all restricted student speech, not merely employee speech as here. The anti-sexual harassment policy, which restricts only employee speech, is accorded procedural leeway under Connick and is not unconstitutional. This case may thus be distinguished from Doe v. University of Michigan and Post, Inc. v. Board of Regents. IV. Conclusion The Court thus holds that, under Connick and Waters, the College has the authority to require Cohen to distribute a syllabus detailing his controversial teaching style, attend an anti-sexual harassment seminar, and to submit to a formal evaluation of his teaching methods. The College is entitled to issue these narrowly tailored requirements because it has shown that its educational mission has been disrupted for some students by Cohen's teaching style. The College's substantial interest in educating all students, not just the thick-skinned ones, warrants the College's requiring Cohen to put potential students on notice of his teaching methods. The College's interest in fulfilling its educational mission is further bolstered by the constitutional implications of sexual harassment. *1422 In so holding, the Court notes that this ruling goes only to the narrow and reasonable discipline which the College seeks to impose case in which a professor is terminated or directly censored presents a far different balancing question. Further, the Court notes that the College must avoid restricting creative and engaging teaching, even if some over-sensitive students object to it. Judgment is hereby rendered in Defendants' favor on all of Plaintiff's First Amendment and Cal. Const. art. I., \u00a7 2(a) claims [1] The parties have stipulated that the record consists of evidence previously submitted on Plaintiff's motion for preliminary injunction and Defendants' motion for summary judgment. [2] It appears that the consensual sex with children topic is not discussed in his English 015 classes. [3] The record is unclear as to what articles were read in Murillo's class. Students from other classes testified that Cohen distributed, as mandatory reading on the pornography topic, an article he had written entitled \"The Film Critic and Pornography.\" Ex. 17 at 403, 409. Cohen's article discusses the definition of a \"four-handkerchief movie\" (i.e., a pornographic film which is extremely arousing to the male viewer) and contains the line had an erection in about eight seconds.\" Ex. 18 at 205. This article was discussed in those classes. [4] The San Bernardino Valley Community College District prohibits sexual harassment by employees. It defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal, written, or physical conduct of a sexual nature. It includes, but is not limited to circumstances in which: ... (2) Such conduct has the purpose or effect of unreasonably interfering with an individual's academic performance or creating an intimidating, hostile, or offensive learning environment Student Sexual Harassment Plan, Policy 6130. Under this policy, forms of sexual harassment \"include but are not limited to.... (v)erbal harassment [d]erogatory comments, jokes or slurs.\" Id. [5] Defendants argue that this Court cannot grant Cohen's request for injunctive relief because (1) in their individual capacities, none of the remaining Defendants have the power to carry out the requested relief; and (2) in their official capacities, the members of the Grievance Committee do not have the power to carry out the requested relief. Defendants' arguments are not persuasive. Savarese v. Agriss, 883 F.2d 1194, 1209 (3d Cir.1989). [6] Cohen does not separately argue his state law claim but states in his Opening Trial Brief that references to the First Amendment should be taken to include the California Constitution as well. Art. I., \u00a7 2(a) of the California Constitution provides that Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right law may not restrain or abridge liberty of speech or press. The California Constitution more broadly protects the right to expression than does the First Amendment. Robins v. Pruneyard Shopping Ctr., 23 Cal. 3d 899, 907, 153 Cal. Rptr. 854, 859, 592 P.2d 341, 346 (1979), aff'd, 447 U.S. 74, 100 S. Ct. 2035, 64 L. Ed. 2d 741 (1980). However, Cohen cites no cases, and there appear to be no cases under the state constitution which protect Cohen's speech in this context. [7] See Eugene Volokh, Comment, Freedom of Speech and Workplace Harassment, 39 U.C.L.A. L.Rev. 1791 (1992); see, e.g., Asra Q. Nomani, Was Prof's Lecture Academic Freedom Or Sex Harassment?, Wall St.J., March 7, 1995, at Al. [8] The Court notes that cases dealing with high school students may not fully apply in the college or university context. As the Ninth Circuit has written, \"[d]ifferent considerations govern application of the first amendment on the college campus and at lower level educational institutions.\" Nicholson v. Board of Educ., 682 F.2d 858, 863 n. 4 (9th Cir.1982). Nonetheless, many of the First Amendment concerns remain the same, regardless of the education level. [9] Cohen argues that the fact the complaining party in this case is a student, rather than an employee, makes these cases inapposite. However, it seems clear that the issue in those cases is the status of the harassers the state employees not the status of the people harassed. Thus, it is immaterial that the complaining student in this case is not a state employee. [10] The College cites Cal.Educ.Code \u00a7 212.6, which requires SBVC, along with other educational institutions, to adopt a written policy against sexual harassment. While this possible conflict in duties makes the College's position more sympathetic, this statutory duty does not mandate a decision in the College's favor. Thus, the fact that Defendants were statutorily required to implement this sexual harassment policy has little relevance to this Court's determination of the policy's constitutionality under the First Amendment. Likewise irrelevant is the College's citing of Title IX, 20 U.S.C. \u00a7\u00a7 1681-1688 (prohibiting sexual harassment in the educational environment) and Franklin v. Gwinnett County Public Schools, 503 U.S. 60, 112 S. Ct. 1028, 117 L. Ed. 2d 208 (1992) (allowing a high school student to maintain a damages claim against her school for a violation of Title IX). Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.", "7540_102.pdf": "Dean Cohen, Plaintiff-appellant, v. San Bernardino Valley College; the Board of Trustees of Sanbernardino Community College District; Charles H. Beeman;lois J. Carson; Allen B. Gresham; Horace D. Jackson;carlton W. Lockwood, Jr.; Judith Valles, et al.,defendants-appellees, 92 F.3d 968 (9th Cir. 1996 Court of Appeals for the Ninth Circuit - 92 F.3d 968 (9th Cir. 1996) Argued and Submitted July 8, 1996. Decided Aug. 19, 1996 Stephen F. Rohde, Rohde & Victoroff, Los Angeles, California, for plaintiff-appellant. Susan J. Boyle, Littler, Mendelson, Fastiff, Tichy & Mathiason, San Diego, California, for defendants-appellees. Appeal from the United States District Court for the Central District of California, Ronald S.W. Lew, District Judge, Presiding. D.C. No 94-1083-RSWL. Before and TASHIMA, Circuit Judges, and MERHIGE, Senior District Judge. * MERHIGE, Senior District Judge: The Appellant Dean Cohen is a tenured professor at the San Bernardino Valley College (the \"College\"), a public community college established by the State of California. This controversy arose when, at the conclusion of grievance procedures initiated against Cohen by a student, the College determined that Cohen had violated its sexual harassment policy (the \"Policy\") and imposed various disciplinary penalties upon him. Cohen filed the instant lawsuit on February 18, 1994 in the United States District Court for the Central District of California under 42 U.S.C. \u00a7 1983 against the College, the Board of Trustees of the College (the \"Board\"), the Faculty Grievance Committee of the College (the \"Grievance Committee\"), and various individual officials of the College for violation of his First and Fourteenth Amendment rights. Cohen asserts that he was punished for his classroom speech under a sexual harassment policy which gave him insufficient notice that his conduct was prohibited and that his rights to free speech, academic freedom, and due process were violated. The district court dismissed the College, the Board, and the Grievance Committee from the lawsuit on the basis that these parties are immune under the Eleventh Amendment and are not \"persons\" under \u00a7 1983. Cohen does not appeal this aspect of the case. The district court granted summary judgment as to each of the remaining individual officials with respect to the damages component of each of Cohen's claims based on the determination that the officials are entitled to qualified immunity. The district court also granted summary judgment to the individual officials with respect to the remaining injunctive aspects of Cohen's due process claim on the merits. Finally, after a bench trial based on a stipulated record, the district court entered judgment for the individual officials on the injunctive aspects of Cohen's First Amendment claim. Cohen appeals these rulings. We conclude, as discussed below, that the Policy was unconstitutionally vague as applied to Cohen and therefore reverse in part the judgment of the district court and remand so that the officials of the College may be enjoined from punishing Cohen, under the Policy. We also conclude that the district court correctly determined that the various individual officials were entitled to qualified immunity from civil liability. Because it is not necessary so to do, we do not address Cohen's due process claim. Cohen is a tenured professor at the College who has taught English and Film Studies there since 1968. In the Spring of 1992, Cohen taught a remedial English class which is a prerequisite to other college-level English classes. One student in the class, who we shall refer to as \"Ms. M.,\" became offended by Cohen's repeated focus on topics of a sexual nature, his use of profanity and vulgarities, and by his comments which she believed were directed intentionally at her and other female students in a humiliating and harassing manner. During this class Cohen began a class discussion on the issue of pornography and played the \"devil's advocate\" by asserting controversial viewpoints. Cohen has for many years typically assigned provocative essays such as Jonathan Swift's Modest Proposal\" and discussed subjects such as obscenity, cannibalism, and consensual sex with children in a \"devil's advocate\" style. During classroom discussion on pornography in the remedial English class in the Spring of 1992, Cohen stated in class that he wrote for Hustler and Playboy magazines and he read some articles out loud in class. Cohen concluded the class discussion by requiring his students to write essays defining pornography. When Cohen assigned the \"Define Pornography\" paper, Ms asked for an alternative assignment but Cohen refused to give her one. Ms stopped attending Cohen's class and received a failing grade for the semester. She subsequently complained about Cohen's statements and conduct to the chair of the English Department, asserting that Cohen had sexually harassed her. Ms subsequently filed a formal written student grievance against Cohen. The College had recently implemented a new sexual harassment Policy and Cohen was apparently the first faculty member to face a grievance based on the Policy. The Policy states that:Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, written, or physical conduct of a sexual nature. it includes, but is not limited to, circumstances in which: 1. Submission to such conduct is made explicitly or implicitly a term or condition of a student's academic standing or status. 2. Such conduct has the purpose or effect of unreasonably interfering with an individual's academic performance or creating an intimidating, hostile, or offensive learning environment. 3. Submission to or rejection of such conduct is used as the basis for academic success or failure. The Grievance Committee held a hearing to determine whether Ms. M's complaint was well-founded. Both Cohen and Ms testified, submitted documents, and called witnesses on their own behalf. At the conclusion of the hearing, the Grievance Committee found that Professor Cohen had violated the College's policy against sexual harassment by creating a hostile learning environment. The Grievance Committee then recommended certain disciplinary actions to the President of the District. The President of the District then issued a ruling which found Cohen in violation of the District's policy against sexual harassment. Among other things, the President found that Cohen engaged in \"sexual harassment which had the effect of unreasonably interfering with an individual's academic performance or creating an intimidating, hostile or offensive work environment.\" Both Cohen and Ms appealed the President's and Grievance Committee's decision to the Board which considered the matter at hearings in October and November of 1993. Cohen and Ms were represented by attorneys and each of them testified on their own behalf. In addition, students came forward to testify about the sexual nature of Cohen's teaching material and his frequent use of derogatory language, sexual innuendo, and profanity. On November 17, 1993, the Board found that Cohen engaged in sexual harassment which unreasonably interfered with an individual's academic performance and created an intimidating, hostile, or offensive learning environment. The Board then ordered Cohen to: 1. Provide a syllabus concerning his teaching style, purpose, content, and method to his students at the beginning of class and to the department chair by certain deadlines; 2. Attend a sexual harassment seminar within ninety days; 3. Undergo a formal evaluation procedure in accordance with the collective bargaining agreement; and 4. Become sensitive to the particular needs and backgrounds of his students, and to modify his teaching strategy when it becomes apparent that his techniques create a climate which impedes the students' ability to learn. Cohen was, additionally, advised that further violation of the Policy would result in further discipline \"up to and including suspension or termination\" and the Board ordered that its decision be placed in Cohen's personnel file. The conclusion of the College was that Cohen had created a \"hostile learning environment\" by his sexually oriented teaching methods and had, therefore, violated the College's sexual harassment policy. The College took adverse employment action against Cohen based on this conclusion. Cohen asserts that his First Amendment rights have been violated. 1 Constitutional issues are reviewed de novo. Destination Ventures, Ltd. v. FCC, 46 F.3d 54, 55 (9th Cir. 1995). Neither the Supreme Court nor this Circuit has determined what scope of First Amendment protection is to be given a public college professor's classroom speech. We decline to define today the precise contours of the protection the First Amendment provides the classroom speech of college professors because we conclude that the Policy's terms were unconstitutionally vague as applied to Cohen in this case. It is fundamental that statutes regulating First Amendment activities must be narrowly drawn to address only the specific evil at hand. Broadrick v. Oklahoma, 413 U.S. 601, 611- 612, 93 S. Ct. 2908, 2915-2916, 37 L. Ed. 2d 830 (1973). \"Because First Amendment freedoms need breathing space to survive, government may regulate in the area only with narrow specificity v. Button, 371 U.S. 415, 433, 83 S. Ct. 328, 338, 9 L. Ed. 2d 405 (1963). This Court, in a case involving the out-of-class speech of a university professor, stated that \"when a statute or regulation by its vagueness or overbreadth threatens to deter the exercise of first amendment freedoms, we require of it greater precision and specificity than would be necessary to fulfill fifth or fourteenth amendment due process requirements.\" Adamian v. Jacobsen, 523 F.2d 929, 932 (9th Cir. 1975). There are three objections to vague policies in the First Amendment context. First, they trap the innocent by not providing fair warning. Second, they impermissibly delegate basic policy matters to low level officials for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application. Third, a vague policy discourages the exercise of first amendment freedoms. See Grayned v. City of Rockford, 408 U.S. 104, 108-109, 92 S. Ct. 2294, 2298-2299, 33 L. Ed. 2d 222 (1972). \" [W]here the guarantees of the First Amendment are at stake the [Supreme] Court applies its vagueness analysis strictly.\" Bullfrog Films Inc. v. Wick, 847 F.2d 502, 512 (9th Cir. 1988). In this case, the College punished Cohen based on his teaching methods under the provision of the Policy which prohibits conduct which has the \"effect of unreasonably interfering with an individual's academic performance or creating an intimidating, hostile, or offensive learning environment.\" Cohen, admittedly, uses a confrontational teaching style designed to shock his students and make them think and write about controversial subjects. He assigns provocative essays such as Jonathan Swift's Modest Proposal\" and discusses controversial subjects such as obscenity, cannibalism, and consensual sex with children. At times, Cohen uses vulgarities and profanity in the classroom and places substantial emphasis on topics of a sexual nature. We do not decide whether the College could punish speech of this nature if the Policy were more precisely construed by authoritative interpretive guidelines or if the College were to adopt a clearer and more precise policy. Rather, we hold that the Policy is simply too vague as applied to Cohen in this case. Cohen's speech did not fall within the core region of sexual harassment as defined by the Policy. Instead, officials of the College, on an entirely ad hoc basis, applied the Policy's nebulous outer reaches to punish teaching methods that Cohen had used for many years. Regardless of what the intentions of the officials of the College may have been, the consequences of their actions can best be described as a legalistic ambush. Cohen was simply without any notice that the Policy would be applied in such a way as to punish his longstanding teaching style--a style which, until the College imposed punishment upon Cohen under the Policy, had apparently been considered pedagogically sound and within the bounds of teaching methodology permitted at the College. \"We review de novo a district court's decision on qualified immunity in a section 1983 action.\" Newell v. Sauser, 79 F.3d 115, 117 (9th Cir. 1996). The doctrine of qualified immunity shields public officials performing discretionary functions from personal liability under certain circumstances. See Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S. Ct. 2727, 2738, 73 L. Ed. 2d 396 (1982). As the Supreme Court explained in Anderson v. Creighton, 483 U.S. 635, 107 S. Ct. 3034, 97 L. Ed. 2d 523 (1987), \"whether an official protected by qualified immunity may be held personally liable for an allegedly unlawful official action generally turns on the 'objective legal reasonableness' of the action, assessed in light of the legal rules that were 'clearly established' at the time it was taken.\" Id. at 635, 107 S. Ct. at 3036 (citations omitted) (quoting Harlow, 457 U.S. at 818, 819, 102 S. Ct. at 2738, 2738-2739). Thus, government officials performing discretionary functions, such as, in this case, demoting, evaluating and disciplining Cohen, are entitled to qualified immunity from civil liability when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. See Lindsey v. Shalmy, 29 F.3d 1382, 1384 (9th Cir. 1994). The relevant inquiry is whether the defendants reasonably could have believed that their conduct was lawful \"in light of clearly established law and the information [that they] possessed.\" Baker v. Racansky, 887 F.2d 183, 187 (9th Cir. 1989) (internal quotations omitted). For a right to be clearly established, it must be \" 'sufficiently clear that a reasonable official would understand that what he is doing violates that right.... [I]n the light of pre-existing law the unlawfulness must be apparent.' \" Id. at 186 (quoting Anderson, 483 U.S. at 639-640, 107 S. Ct. at 3039). It is the plaintiff's burden to prove that the right that the defendants violated was clearly established at the time of the alleged misconduct. Id. The legal issues raised in this case are not readily discernable and the appropriate conclusion to each is not so clear that the officials should have known that their actions violated Cohen's rights. We that aspect of the district court decision which held that the imposition of discipline upon Cohen did not violate the First Amendment and the case so that the district court may enjoin the College officials from further implementing any remaining discipline and requiring that all references to the disciplinary decision be removed from Cohen's personnel file. We that aspect of the district court's judgment which held that the individual officials were qualifiedly immune. Cohen shall recover his costs on appeal. * The Honorable Robert R. Merhige, Jr., Senior United States District Judge for the Eastern District of Virginia, sitting by designation 1 No other professor at the College is required to provide such a syllabus 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.", "7540_104.pdf": "92 F.3d 968 65 2154, 111 Ed. Law Rep. 762, 11 Cases 1799, 24 Media L. Rep. 2366, 96 Cal. Daily Op. Serv. 6145, 96 Daily Journal D.A.R. 10,092 Dean COHEN, Plaintiff-Appellant, v COLLEGE; The Board of Trustees of San Bernardino Community College District; Charles H. Beeman; Lois J. Carson; Allen B. Gresham; Horace D. Jackson; Carlton W. Lockwood, Jr.; Judith Valles, et al., Defendants-Appellees. No. 95-55936. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 8, 1996. Decided Aug. 19, 1996. MERHIGE, Senior District Judge: Stephen F. Rohde, Rohde & Victoroff, Los Angeles, California, for plaintiff-appellant. 1 Susan J. Boyle, Littler, Mendelson, Fastiff, Tichy & Mathiason, San Diego, California, for defendants-appellees. 2 Appeal from the United States District Court for the Central District of California, Ronald S.W. Lew, District Judge, Presiding. D.C. No 94-1083-RSWL. 3 Before and TASHIMA, Circuit Judges, and MERHIGE, Senior District Judge.* 4 The Appellant Dean Cohen is a tenured professor at the San Bernardino Valley College (the \"College\"), a public community college established by the State of California. This controversy arose when, at the conclusion of grievance procedures initiated against Cohen by a student, the College determined that Cohen had violated its sexual harassment policy (the \"Policy\") and imposed various disciplinary penalties upon him. 5 Cohen filed the instant lawsuit on February 18, 1994 in the United States District Court for the Central District of California under 42 U.S.C. \u00a7 1983 against the College, the Board of Trustees of the College (the \"Board\"), the Faculty Grievance Committee of the College (the \"Grievance Committee\"), and various individual officials of the College for violation of his First and Fourteenth Amendment rights. Cohen asserts that he was punished for his classroom speech under a sexual harassment policy which gave him insufficient notice that his conduct was prohibited and that his rights to free speech, academic freedom, and due process were violated. 6 The district court dismissed the College, the Board, and the Grievance Committee from the lawsuit on the basis that these parties are immune under the Eleventh Amendment and are not \"persons\" under \u00a7 1983. Cohen does not appeal this aspect of the case. 7 The district court granted summary judgment as to each of the remaining individual officials with respect to the damages component of each of Cohen's claims based on the determination that the officials are entitled to qualified immunity. The district court also granted summary 8 \u00ab up I. judgment to the individual officials with respect to the remaining injunctive aspects of Cohen's due process claim on the merits. Finally, after a bench trial based on a stipulated record, the district court entered judgment for the individual officials on the injunctive aspects of Cohen's First Amendment claim. Cohen appeals these rulings. We conclude, as discussed below, that the Policy was unconstitutionally vague as applied to Cohen and therefore reverse in part the judgment of the district court and remand so that the officials of the College may be enjoined from punishing Cohen, under the Policy. We also conclude that the district court correctly determined that the various individual officials were entitled to qualified immunity from civil liability. Because it is not necessary so to do, we do not address Cohen's due process claim. 9 Cohen is a tenured professor at the College who has taught English and Film Studies there since 1968. 10 In the Spring of 1992, Cohen taught a remedial English class which is a prerequisite to other college-level English classes. One student in the class, who we shall refer to as \"Ms. M.,\" became offended by Cohen's repeated focus on topics of a sexual nature, his use of profanity and vulgarities, and by his comments which she believed were directed intentionally at her and other female students in a humiliating and harassing manner. During this class Cohen began a class discussion on the issue of pornography and played the \"devil's advocate\" by asserting controversial viewpoints. Cohen has for many years typically assigned provocative essays such as Jonathan Swift's Modest Proposal\" and discussed subjects such as obscenity, cannibalism, and consensual sex with children in a \"devil's advocate\" style. During classroom discussion on pornography in the remedial English class in the Spring of 1992, Cohen stated in class that he wrote for Hustler and Playboy magazines and he read some articles out loud in class. Cohen concluded the class discussion by requiring his students to write essays defining pornography. When Cohen assigned the \"Define Pornography\" paper, Ms asked for an alternative assignment but Cohen refused to give her one. 11 Ms stopped attending Cohen's class and received a failing grade for the semester. She subsequently complained about Cohen's statements and conduct to the chair of the English Department, asserting that Cohen had sexually harassed her. Ms subsequently filed a formal written student grievance against Cohen. 12 The College had recently implemented a new sexual harassment Policy and Cohen was apparently the first faculty member to face a grievance based on the Policy. The Policy states that:Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, written, or physical conduct of a sexual nature. it includes, but is not limited to, circumstances in which: 13 1. Submission to such conduct is made explicitly or implicitly a term or condition of a student's academic standing or status. 14 2. Such conduct has the purpose or effect of unreasonably interfering with an individual's academic performance or creating an intimidating, hostile, or offensive learning environment. 15 3. Submission to or rejection of such conduct is used as the basis for academic success or failure. 16 The Grievance Committee held a hearing to determine whether Ms. M's complaint was well- founded. Both Cohen and Ms testified, submitted documents, and called witnesses on their own behalf. At the conclusion of the hearing, the Grievance Committee found that Professor Cohen had violated the College's policy against sexual harassment by creating a hostile learning environment. The Grievance Committee then recommended certain disciplinary actions to the President of the District. 17 The President of the District then issued a ruling which found Cohen in violation of the District's policy against sexual harassment. Among other things, the President found that Cohen engaged in \"sexual harassment which had the effect of unreasonably interfering with an 18 \u00ab up II. A. First Amendment individual's academic performance or creating an intimidating, hostile or offensive work environment.\" Both Cohen and Ms appealed the President's and Grievance Committee's decision to the Board which considered the matter at hearings in October and November of 1993. Cohen and Ms were represented by attorneys and each of them testified on their own behalf. In addition, students came forward to testify about the sexual nature of Cohen's teaching material and his frequent use of derogatory language, sexual innuendo, and profanity. 19 On November 17, 1993, the Board found that Cohen engaged in sexual harassment which unreasonably interfered with an individual's academic performance and created an intimidating, hostile, or offensive learning environment. The Board then ordered Cohen to: 20 1. Provide a syllabus concerning his teaching style, purpose, content, and method to his students at the beginning of class and to the department chair by certain deadlines;1 21 2. Attend a sexual harassment seminar within ninety days; 22 3. Undergo a formal evaluation procedure in accordance with the collective bargaining agreement; and 23 4. Become sensitive to the particular needs and backgrounds of his students, and to modify his teaching strategy when it becomes apparent that his techniques create a climate which impedes the students' ability to learn. 24 Cohen was, additionally, advised that further violation of the Policy would result in further discipline \"up to and including suspension or termination\" and the Board ordered that its decision be placed in Cohen's personnel file. 25 The conclusion of the College was that Cohen had created a \"hostile learning environment\" by his sexually oriented teaching methods and had, therefore, violated the College's sexual harassment policy. The College took adverse employment action against Cohen based on this conclusion. Cohen asserts that his First Amendment rights have been violated. Constitutional issues are reviewed de novo. Destination Ventures, Ltd. v. FCC, 46 F.3d 54, 55 (9th Cir.1995). 26 Neither the Supreme Court nor this Circuit has determined what scope of First Amendment protection is to be given a public college professor's classroom speech. We decline to define today the precise contours of the protection the First Amendment provides the classroom speech of college professors because we conclude that the Policy's terms were unconstitutionally vague as applied to Cohen in this case. 27 It is fundamental that statutes regulating First Amendment activities must be narrowly drawn to address only the specific evil at hand. Broadrick v. Oklahoma, 413 U.S. 601, 611-612, 93 S.Ct. 2908, 2915-2916, 37 L.Ed.2d 830 (1973). \"Because First Amendment freedoms need breathing space to survive, government may regulate in the area only with narrow specificity v. Button, 371 U.S. 415, 433, 83 S.Ct. 328, 338, 9 L.Ed.2d 405 (1963). This Court, in a case involving the out-of-class speech of a university professor, stated that \"when a statute or regulation by its vagueness or overbreadth threatens to deter the exercise of first amendment freedoms, we require of it greater precision and specificity than would be necessary to fulfill fifth or fourteenth amendment due process requirements.\" Adamian v. Jacobsen, 523 F.2d 929, 932 (9th Cir.1975). 28 There are three objections to vague policies in the First Amendment context. First, they trap the innocent by not providing fair warning. Second, they impermissibly delegate basic policy matters to low level officials for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application. Third, a vague policy discourages the exercise of first amendment freedoms. See Grayned v. City of Rockford, 408 U.S. 104, 108-109, 92 S.Ct. 2294, 2298-2299, 33 L.Ed.2d 222 (1972). \"[W]here the guarantees 29 \u00ab up B. Qualified Immunity III. of the First Amendment are at stake the [Supreme] Court applies its vagueness analysis strictly.\" Bullfrog Films Inc. v. Wick, 847 F.2d 502, 512 (9th Cir.1988). In this case, the College punished Cohen based on his teaching methods under the provision of the Policy which prohibits conduct which has the \"effect of unreasonably interfering with an individual's academic performance or creating an intimidating, hostile, or offensive learning environment.\" Cohen, admittedly, uses a confrontational teaching style designed to shock his students and make them think and write about controversial subjects. He assigns provocative essays such as Jonathan Swift's Modest Proposal\" and discusses controversial subjects such as obscenity, cannibalism, and consensual sex with children. At times, Cohen uses vulgarities and profanity in the classroom and places substantial emphasis on topics of a sexual nature. 30 We do not decide whether the College could punish speech of this nature if the Policy were more precisely construed by authoritative interpretive guidelines or if the College were to adopt a clearer and more precise policy. Rather, we hold that the Policy is simply too vague as applied to Cohen in this case. Cohen's speech did not fall within the core region of sexual harassment as defined by the Policy. Instead, officials of the College, on an entirely ad hoc basis, applied the Policy's nebulous outer reaches to punish teaching methods that Cohen had used for many years. Regardless of what the intentions of the officials of the College may have been, the consequences of their actions can best be described as a legalistic ambush. Cohen was simply without any notice that the Policy would be applied in such a way as to punish his longstanding teaching style--a style which, until the College imposed punishment upon Cohen under the Policy, had apparently been considered pedagogically sound and within the bounds of teaching methodology permitted at the College. 31 \"We review de novo a district court's decision on qualified immunity in a section 1983 action.\" Newell v. Sauser, 79 F.3d 115, 117 (9th Cir.1996). 32 The doctrine of qualified immunity shields public officials performing discretionary functions from personal liability under certain circumstances. See Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982). As the Supreme Court explained in Anderson v. Creighton, 483 U.S. 635, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987), \"whether an official protected by qualified immunity may be held personally liable for an allegedly unlawful official action generally turns on the 'objective legal reasonableness' of the action, assessed in light of the legal rules that were 'clearly established' at the time it was taken.\" Id. at 635, 107 S.Ct. at 3036 (citations omitted) (quoting Harlow, 457 U.S. at 818, 819, 102 S.Ct. at 2738, 2738-2739). Thus, government officials performing discretionary functions, such as, in this case, demoting, evaluating and disciplining Cohen, are entitled to qualified immunity from civil liability when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. See Lindsey v. Shalmy, 29 F.3d 1382, 1384 (9th Cir.1994). The relevant inquiry is whether the defendants reasonably could have believed that their conduct was lawful \"in light of clearly established law and the information [that they] possessed.\" Baker v. Racansky, 887 F.2d 183, 187 (9th Cir.1989) (internal quotations omitted). For a right to be clearly established, it must be \" 'sufficiently clear that a reasonable official would understand that what he is doing violates that right.... [I]n the light of pre-existing law the unlawfulness must be apparent.' \" Id. at 186 (quoting Anderson, 483 U.S. at 639-640, 107 S.Ct. at 3039). It is the plaintiff's burden to prove that the right that the defendants violated was clearly established at the time of the alleged misconduct. Id. 33 The legal issues raised in this case are not readily discernable and the appropriate conclusion to each is not so clear that the officials should have known that their actions violated Cohen's rights. 34 We that aspect of the district court decision which held that the imposition of discipline upon Cohen did not violate the First Amendment and the case so that the district court may enjoin the College officials from further implementing any remaining discipline and requiring that all references to the disciplinary decision be removed from Cohen's personnel file. We that aspect of the district court's judgment 35 \u00ab up which held that the individual officials were qualifiedly immune. Cohen shall recover his costs on appeal. The Honorable Robert R. Merhige, Jr., Senior United States District Judge for the Eastern District of Virginia, sitting by designation * No other professor at the College is required to provide such a syllabus 1 \u00ab up", "7540_105.pdf": "From Casetext: Smarter Legal Research Cohen v. San Bernardino Valley College United States District Court, C.D. California Apr 14, 1995 883 F. Supp. 1407 (C.D. Cal. 1995) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free No. CV-94-1083-RSWL-GHKx. April 14, 1995. *1408 1408 Rohde Victoroff, Stephen F. Rohde and John W. Howard, Individual Rights Foundation, Los Angeles, CA, for plaintiff. Phillip L. Kossy, Littler Mendelson Fastiff Tichy Mathiason, San Diego, CA, and Amy Greyson, Brunick Alvarez Battersby, San Bernardino, CA, for defendants. Sign In Search all cases and statutes... Opinion Summaries Case details LEW, District Judge. *1409 1409 Pursuant to Fed.R.Civ.P. 65(a), the parties in this case have stipulated to a bench trial in this matter based solely on a stipulated record and written briefs. This Court has jurisdiction under 28 U.S.C. \u00a7 1331, 1343, and 1367. Plaintiff Dean Cohen (\"Cohen\") brings a 42 U.S.C. \u00a7 1983 action for violation of his First Amendment rights. He asks the Court to grant injunctive relief against various officials of San Bernardino Valley College (Defendants are hereinafter collectively referred to as \"the College\"). This action presents the question of whether a state college may limit the classroom speech of its professors in order to prevent the creation of a hostile, sexually discriminatory environment for its students. The Court hereby rules that a state college may do so, if the limitations involved are reasonable and narrowly *1410 tailored to achieve the college's mission of effectively educating its students. Plaintiff therefore receives no relief in this action. 1410 I. Facts 1 1 The parties have stipulated that the record consists of evidence previously submitted on Plaintiff's motion for preliminary injunction and Defendants' motion for summary judgment. The following facts are uncontroverted. Cohen is a tenured professor who has taught English and Film Studies at San Bernardino Valley College (\"SBVC\") since 1968. In the spring of 1992, Cohen taught a remedial English class (English 015) to community college students. Students are required to take English 015 as a prerequisite to other college-level English classes such as English 101. This matter arises out of discipline imposed on Cohen for his teaching in a 015 class in the spring semester of 1992. By his own admission, Cohen uses a confrontational teaching style designed to shock his students and make them think and write about controversial subjects. He assigns provocative essays such as Jonathan Swift's Modest Proposal\" and discusses subjects such as obscenity, cannibalism, and consensual sex with children. At times, Cohen uses vulgarities and profanity in the classroom. 2 2 It appears that the consensual sex with children topic is not discussed in his English 015 classes. One of the students in the spring semester English 015 class, Anita Murillo, became offended by Cohen's repeated focus on topics of a sexual nature, his use of profanity and vulgarities, and by his comments which she believed were directed intentionally at her and some other female students in a humiliating and harassing manner. In February of 1992, Cohen began a class discussion in his English 015 class on the issue of pornography and played the \"devil's advocate\" by asserting controversial viewpoints. During classroom discussion on this subject, Cohen stated in class that he wrote for Hustler and Playboy, and he read some articles out loud in class. Cohen concluded the class discussion by requiring his students to write essays defining pornography. When Cohen assigned the \"Define Pornography\" paper, Murillo asked for an alternative assignment but Cohen refused to give her one. 3 3 The record is unclear as to what articles were read in Murillo's class. Students from other classes testified that Cohen distributed, as mandatory reading on the pornography topic, an article he had written entitled \"The Film Critic and Pornography.\" Ex. 17 at 403, 409. Cohen's article discusses the definition of a \"four-handkerchief movie\" (i.e., a pornographic film which is extremely arousing to the male viewer) and contains the line had an erection in about eight seconds.\" Ex. 18 at 205. This article was discussed in those classes. According to Murillo, Professor Cohen then told her that if she met him in a bar he would help her get a better grade. She also claimed that Cohen would look down her shirt, as well as the shirts of other female students, and that he told her she was overreacting because she was a woman. Murillo stopped attending Cohen's class and received a failing grade for the semester. She subsequently complained about Cohen's statements and conduct to the chair of the English Department, asserting that Cohen had Student Sexual Harassment Plan, Policy 6130. Under this policy, forms of sexual harassment \"include but are not limited to . . . . (v)erbal harassment \u2014 [d]erogatory comments, jokes or slurs.\" Id. sexually harassed her. Murillo then filed a formal written student grievance against Cohen on May 12, 1993. On May 26, 1993, the Faculty Grievance Committee held a hearing to determine whether Murillo's complaint was well-founded. Both Cohen and Murillo testified, submitted documents, and called witnesses on their own behalf. At the conclusion of the hearing, the Grievance Committee found that Professor Cohen had violated the Community College District's policy against sexual harassment by creating a hostile learning environment. The Grievance Committee *1411 then recommended certain disciplinary action to the President of the District. 4 1411 4 The San Bernardino Valley Community College District prohibits sexual harassment by employees. It defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal, written, or physical conduct of a sexual nature. It includes, but is not limited to circumstances in which: . . . (2) Such conduct has the purpose or effect of unreasonably interfering with an individual's academic performance or creating an intimidating, hostile, or offensive learning environment. The President of the District then issued a ruling which found Cohen in violation of the District's policy against sexual harassment. Among other things, the President found that Cohen engaged in \"sexual harassment which had the effect of unreasonably interfering with an individual's academic performance or creating an intimidating, hostile or offensive work environment.\" In addition, the President found that Cohen made \"sexually suggestive\" remarks to Murillo and that several students were offended by Professor Cohen's use of profanity and frequent use of sexual topics in class. Both Cohen and Murillo appealed the President and Grievance Committee's decision to the San Bernardino Community College Board of Trustees (\"Board\") which considered the matter at hearings on October 15, 1993 and November 11, 1993. Cohen and Murillo were represented by attorneys and each of them testified on their own behalf. In addition, students came forward to testify about the sexual nature of Cohen's teaching material and his frequent use of derogatory language, sexual innuendo, and profanity. On November 17, 1993, the Board found that Cohen engaged in sexual harassment which unreasonably interfered with an individual's academic performance and created an intimidating, hostile, or offensive learning environment. The Board then ordered Cohen to: 1. Provide a syllabus concerning his teaching style, purpose, content, and method to his students at the beginning of class and to the department chair by certain deadlines; 2. Attend a sexual harassment seminar within ninety days; 3. Undergo a formal evaluation procedure in accordance with the collective bargaining agreement; and 4. Become sensitive to the particular needs and backgrounds of his students, and to modify his teaching strategy when it becomes apparent that his techniques create a climate which impedes the students' ability to learn. Thereafter, on February 18, 1994, Cohen filed a suit under 42 U.S.C. \u00a7 1983 against the San Bernardino Valley College Board of Trustees, the Chancellor of SBVC, the President of SBVC, various department heads, and members of the Faculty Grievance Committee. The complaint sought a declaratory judgment, a preliminary and permanent injunction, damages, and attorneys' fees. On April 4, 1994, this Court denied Cohen's motion for a preliminary injunction, on the grounds that Cohen failed to show a likelihood of success on the merits. On July 18, 1994 this Court also dismissed entity defendants San Bernardino Valley College, the Board of Trustees of San Bernardino Community College District, and the Faculty Grievance Committee, on the grounds that the entity defendants enjoy Eleventh Amendment immunity and are not considered \"persons\" under 42 U.S.C. \u00a7 1983. On October 31, 1994, the Court ruled that the individual defendants are entitled to qualified immunity from damages under \u00a7 1983. 5 The California Constitution more broadly protects the right to expression than does the First Amendment. Robins v. Pruneyard Shopping Ctr., 23 Cal.3d 899, 907, 153 Cal.Rptr. 854, 859, 592 P.2d 341, 346 (1979), aff'd, 447 U.S. 74, 100 S.Ct. 2035, 64 L.Ed.2d 741 (1980).However, Cohen cites no cases, and there appear to be no cases under the state constitution which protect Cohen's speech in this context. 5 Defendants argue that this Court cannot grant Cohen's request for injunctive relief because (1) in their individual capacities, none of the remaining Defendants have the power to carry out the requested relief; and (2) in their official capacities the members of the Grievance Committee do not have the power to carry out the requested relief. Defendants' arguments are not persuasive. Savarese v. Agriss, 883 F.2d 1194, 1209 (3d Cir. 1989). II. The Policy As Applied to Cohen Does Not Violate the First Amendment The heart of this suit is Cohen's assertion that the College's sexual harassment policy violates the First Amendment to the United States Constitution and Article I, \u00a7 2(a) of the California Constitution. Cohen's *1412 position implicates the current debate concerning the need to make workplaces and schools places of inclusion, and the need to preserve individual liberties. 6 1412 7 6 Cohen does not separately argue his state law claim but states in his Opening Trial Brief that references to the First Amendment should be taken to include the California Constitution as well. Art. I., \u00a7 2(a) of the California Constitution provides that Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right law may not restrain or abridge liberty of speech or press. 7 See Eugene Volokh, Comment, Freedom of Speech and Workplace Harassment, 39 U.C.L.A. L.Rev. 1791 (1992); see, e.g., Asra Q. Nomani, Was Prof's Lecture Academic Freedom Or Sex Harassment?, Wall St.J., March 7, 1995, at A1. A. Academic Freedom Doctrine Cohen argues that his right to \"academic freedom\" prevents the College from punishing him for his classroom speech. In support of his argument, Cohen cites numerous cases. The concept of academic freedom, however, is more clearly established in academic literature than it is in the courts. See generally Symposium, Academic Freedom in a Changing Society, 66 Texas L.Rev. 1247 (1988). As one commentator has written, The First Amendment protects academic freedom. This simple proposition stands explicit or implicit in numerous judicial opinions, often proclaimed in fervid rhetoric. Attempts to understand the scope and foundation of a constitutional guarantee of academic freedom, however, generally result in paradox or confusion. The cases, shorn of panegyrics, are inconclusive, the promise of their rhetoric reproached by the ambiguous realities of academic life. The problems are fundamental: There has been no adequate analysis of what academic freedom the Constitution protects or of why it protects it. Lacking definition or guiding principle, the doctrine floats in the law, picking up decisions as a hull does barnacles. J. Peter Byrne, Academic Freedom \"Special Concern of the First Amendment\", 99 Yale L.J. 251, 252-53 (1989). Several courts have noted that judicial application of this doctrine is far from clear. Hillis v. Stephen F. Austin State Univ., 665 F.2d 547, 552-53 (5th Cir.), cert. denied, 457 U.S. 1106, 102 S.Ct. 2906, 73 L.Ed.2d 1315 (1982); Mahoney v. Hankin, 593 F. Supp. 1171, 1174 (S.D.N.Y. 1984) (stating that the parameters of academic freedom \"are not well-defined, especially with regard to a teacher's speech within the [college] classroom\"). While Supreme Court cases contain strongly worded defenses of \"academic freedom,\" their rhetoric is broader than their holdings. Namely, many cases restrict the government from regulating teachers' non-classroom conduct. For example, teachers like other government employees cannot be punished or excluded under unconstitutional statutes requiring them to take \"loyalty oaths\" or otherwise disclose their allegiance to \"subversive\" groups. Sweezy v. New Hampshire, 354 U.S. 234, 77 S.Ct. 1203, 1 L.Ed.2d 1311 (1957); Wieman v. Updegraff, 344 U.S. 183, 73 S.Ct. 215, 97 L.Ed. 216 (1952). Nor may teachers be punished under unconstitutionally vague statutes forbidding \"treasonable\" or \"seditious\" words or actions. Keyishian v. Board of Regents, 385 U.S. 589, 87 S.Ct. 675, 17 L.Ed.2d 629 (1967). The state is also precluded from punishing a teacher for publicly expressing his views on matters of public concern in regards to education. Pickering v. Board of Educ., 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968) (holding unconstitutional a school board's firing of a high school teacher for writing a letter to a local newspaper criticizing the school board); see discussion B. infra. Most of the appellate cases cited by Cohen deal, like Pickering, with non- classroom conduct. Powell v. Gallentine, 992 F.2d 1088 (10th Cir. 1993) (holding professor's revelation of grade fraud protected as a matter of public concern); Levin v. Harleston, 966 F.2d 85, 88-89 (2d Cir. 1992) (finding that professor could not be penalized for non-classroom, controversial writings); Greminger v. Seaborne, 584 F.2d 275, 277 (8th Cir. 1978) (finding that public comment on educational *1413 funding and salaries was protected by the First Amendment). Other cited cases do not rest on First Amendment grounds. See, e.g., Mailloux v. Kiley, 448 F.2d 1242, 1243 (1st Cir. 1971) (per curiam) (affirming on Due Process grounds judgment for high school teacher who used an obscenity in English class). 1413 Cohen cites only two Supreme Court cases which deal with regulation of teachers' classroom conduct, and these cases are based on the Establishment Clause, not on freedom of expression. Edwards v. Aguillard, 482 U.S. 578, 596- 97, 107 S.Ct. 2573, 2584, 96 L.Ed.2d 510 (1987) (striking down state law requiring teachers who taught \"evolution-science\" to also teach \"creation- science,\" on the grounds that the law endorsed religion in violation of the First Amendment); Epperson v. Arkansas, 393 U.S. 97, 103-04, 89 S.Ct. 266, 270, 21 L.Ed.2d 228 (1968) (striking down state law prohibiting teaching of evolution, on the grounds that the government should be \"neutral\" in regards to religious tenets). In further support of his \"academic freedom\" argument, Cohen cites cases dealing with the constitutional rights of students within the school environment. Healy v. James, 408 U.S. 169, 187-88, 92 S.Ct. 2338-49, 33 L.Ed.2d 266 (1972) (upholding associational right of college students forming a chapter to be formally recognized by the university and be accorded the same access to campus facilities as other college clubs); Tinker v. Des Moines Sch. Dist., 393 U.S. 503, 505-06, 89 S.Ct. 733, 736, 21 L.Ed.2d 731 (1969) (upholding freedom to expression right of high school students to wear black armbands to school, in protest of the Vietnam War). Again, these cases do not directly control the facts of this case. Moreover, recent Supreme Court cases have narrowed the scope previously accorded to students' exercise of their constitutional rights within the high school setting. In Hazelwood Sch. Dist. v. Kuhlmeier, the Court allowed a high school principal to censor the school newspaper, because the censorship \"reasonably related to legitimate pedagogical concerns.\" 484 U.S. 260, 273, 108 S.Ct. 562, 571, 98 L.Ed.2d 592 (1988). In so ruling, the Supreme Court stated that, while students do not shed their rights at the schoolhouse door, students' freedom of expression is \"`not automatically coextensive with the rights of adults in other settings.'\" Hazelwood, 484 U.S. at 267, 108 S.Ct. at 567 (quoting Bethel Sch. Dist. No. 403 v. Fraser, 478 U.S. 675, 682, 106 S.Ct. 3159, 3164, 92 L.Ed.2d 549 (1986)). This was a restriction of Tinker, which primarily focused on whether the expression at issue presented the possibility of materially and substantially disrupting the educational process. Tinker, 393 U.S. at 512-13, 89 S.Ct. at 740. The Hazelwood Court stressed that high schools are allowed broad control over their curriculum. Hazelwood, 484 U.S. at 271, 108 S.Ct. at 570. In Bethel, the Court likewise found that high schools could restrict speech which undermined the school's \"basic educational mission.\" 478 U.S. at 686, 106 S.Ct. at 3165. In that case, the high school punished a student for giving a speech full of sexual innuendo at a school-sponsored assembly. Id. at 675, 106 S.Ct. at 3160. The Bethel Court found this punishment permissible, in light of the school's interest in \"teaching students the boundaries of socially appropriate behavior.\" Id. at 681, 106 S.Ct. at 3163.8 8 The Court notes that cases dealing with high school students may not fully apply in the college or university context. As the Ninth Circuit has written, \" [d]ifferent considerations govern application of the first amendment on the college campus and at lower level educational institutions.\" Nicholson v. Board of Educ., 682 F.2d 858, 863 n. 4 (9th Cir. 1982). Nonetheless, many of the First Amendment concerns remain the same, regardless of the education level number of circuits have found similar broad university control over curriculum. The First Circuit has held that a university has substantial control over such core university concerns as \"course content, homework load, and grading policy.\" Lovelace v. Southeastern Massachusetts University, 793 F.2d 419, 424 (1st Cir. 1986). The Lovelace court held that a university may decline to renew a nontenured teacher's employment on the grounds that his grading policy failed to comply with university standards. Id. In so holding, the Lovelace court refused to find that the teacher's grading policy was constitutionally protected, stating that \"[t]he *1414 first amendment does not require that each non-tenured professor be made a sovereign unto himself.\" Id. 1414 Other courts have likewise found substantial university control over grading policies and teaching methods. Peloza v. Capistrano Unified School Dist., 782 F. Supp. 1412, 1416 (C.D.Cal. 1992) (holding that a high school biology teacher has no \"constitutional right to conduct himself as a loose cannon in his classroom . . . and teach scientific theories of his own choosing\"), aff'd in part and rev'd in part on other grounds, 37 F.3d 517 (9th Cir. 1994); Hillis v. Stephen F. Austin State Univ., 665 F.2d 547, 552 (5th Cir.) (holding nontenured teacher could be terminated for refusing to give an unearned grade to a student), cert. denied, 457 U.S. 1106, 102 S.Ct. 2906, 73 L.Ed.2d 1315 (1982); Hetrick v. Martin, 480 F.2d 705, 708-09 (6th Cir.) (upholding university's decision to decline to renew a nontenured teacher because of her pedagogical methods; the pedagogical methods at issue included stating, in the classroom am an unwed mother\"), cert. denied, 414 U.S. 1075, 94 S.Ct. 592, 38 L.Ed.2d 482 (1973); Clark v. Holmes, 474 F.2d 928, 931-32 (7th Cir. 1972) (upholding university's decision to decline to renew a nontenured teacher because of the teacher's refusal to conform to university-required course content and teaching approach), cert. denied, 411 U.S. 972, 93 S.Ct. 2148, 36 L.Ed.2d 695 (1973). Other courts, however, have placed limits on the state's control of classroom discussion. Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. 1969) (finding that a high school teacher's classroom use of an obscenity for demonstrated educational purpose was protected); Dube v. State Univ., 900 F.2d 587, 598 (2d Cir. 1990) (denying qualified immunity to defendants on the grounds that a professor's classroom discussion of controversial topics was protected by the First Amendment), cert. denied, 501 U.S. 1211, 111 S.Ct. 2814, 115 L.Ed.2d 986 (1991); Parducci v. Rutland, 316 F. Supp. 352, 356 (M.D.Ala. 1970) (holding that a high school English teacher could not be penalized for assigning a Kurt Vonnegut short story which was not inappropriate or disruptive). Thus, a review of the case law shows that, despite eloquent rhetoric on \"academic freedom,\" the courts have declined to cede all classroom control to teachers. The parameters of academic freedom are not distinct, particularly in relation to the potential conflict with a university's duty to ensure adequate education of its students. What is clear, however, is that invocation of the \"academic freedom\" doctrine does not adequately address the complex issues presented by this case. For that reason, this Court declines to hold that SBVC's discipline of Cohen is precluded by general notions of academic freedom under the First Amendment. B. The Government as Employer Cases Because the doctrine of academic freedom does not clearly protect Cohen's classroom, curriculum-based speech, the Court now turns to the line of cases dealing with the government's ability to regulate its employees' speech. The Supreme Court has acknowledged the conflict inherent in public employers' restriction of employee speech. In Connick v. Myers, the Supreme Court confirmed the government's right as an employer to restrict employee speech, unless that speech pertains to matters of \"public concern.\" 461 U.S. 138, 142, 103 S.Ct. 1684, 1687, 75 L.Ed.2d 708 (1983) (citing Pickering v. Board of Educ., 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968)), as the root of this doctrine). Connick discussed the discharge of a Louisiana assistant district attorney. The assistant district attorney was terminated for her workplace distribution of a \"questionnaire\" on office policies and morale which essentially asked for a \"vote of no-confidence\" in office supervisors. She argued that, inasmuch as the questionnaire dealt with the workings of a governmental agency, it was speech on a matter of public concern and therefore protected. The Connick Court disagreed, finding that the survey Id. at ___, 114 S.Ct. at 1884 (quoting Connick, 461 U.S. at 142, 103 S.Ct. at 1687). Waters expressly states that \"constitutional review of government employment decisions must rest on different principles than review of speech restraints imposed by the government as sovereign.\" Id. at ___, 114 S.Ct. at 1887. The government as employer has far broader powers to restrict its employees' speech than does the government as sovereign. Id. at ___, 114 S.Ct. at 1886. This broad power is based on the government's interest in efficiently carrying out its mission. Id. at ___ \u2014 ___, 114 S.Ct. at 1887-88. was designed to support the assistant district attorney's own personal battle with her superiors over a proposed transfer, not to objectively evaluate or comment on the workings of the district attorneys' office. 461 U.S. at 147-48, 103 S.Ct. at 1690. *1415 1415 Under Connick, this Court must first determine whether Cohen's speech can be characterized as \"constituting speech on a matter of public concern.\" 461 U.S. at 146, 103 S.Ct. at 1690. If it can be so characterized, then the Defendants must show that the speech \"substantially interfered\" with government duties. 461 U.S. at 149-50, 103 S.Ct. at 1691. If it is not speech on a matter of public concern, then the government is entitled to \"wide latitude in managing [its employees], without intrusive oversight by the judiciary in the name of the First Amendment,\" and this Court may not interfere in such managerial decisionmaking. 461 U.S. at 146, 103 S.Ct. at 1690. Waters v. Churchill further elaborated on this approach to governmental restriction of employees' speech. ___ U.S. ___, 114 S.Ct. 1878, 128 L.Ed.2d 686 (1994) (plurality opinion). In that case, a nurse employed at a state-run hospital was terminated for criticizing departmental policies to a potential department employee. Id. In ruling that the termination did not violate the nurse's First Amendment rights, Justice O'Connor wrote for the four-Justice plurality: To be protected, the [government employee's] speech must be on a matter of public concern, and the employee's interest in expressing herself on this matter must not be outweighed by any injury the speech could cause to \"`the interest of the State, as an employer in promoting the efficiency of the public services it performs through its employees.'\" Pickering, 391 U.S. at 568, 88 S.Ct. at 1734-35. The Ninth Circuit has previously employed a Pickering balancing-type test to a high-school journalism teacher's freedom of expression rights. Nicholson v. Board of Educ., 682 F.2d 858, 865 (9th Cir. 1982). In Nicholson, a journalism teacher was terminated after, contrary to the principal's instructions, he encouraged the publication of controversial articles in the high school paper and failed to submit sensitive articles to school administrators before publication. Id. The Nicholson court found that the school had an interest in school discipline, loyalty, and harmony among co-workers, and that therefore, the teacher's termination did not violate the First Amendment. Id. The Supreme Court recently affirmed this approach in United States v. National Treasury Employees Union, when it struck down a federal law prohibiting federal executive branch employees from receiving compensation for speeches or articles. ___ U.S. ___, ___, 115 S.Ct. 1003, 1008, 130 L.Ed.2d 964 (1995). In so holding, the Court found that the prohibited speech involved matters of public concern. Id. at ___, 115 S.Ct. at 1013. The Court further found that the government's argument that regulation was necessary to prevent workplace disruption was speculative and did not justify the burden imposed on expressive activities. Id. at ___, 115 S.Ct. at 1015. The Connick approach has been applied within an educational context. The Pickering Court acknowledged that, it cannot be gainsaid that the State has interests as an employer in regulating the speech of its employees that differ significantly from those it possesses in connection with regulation of the speech of the citizenry in general. The problem in any case is to arrive at a balance between the interests of the teacher, as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees. In this case, the record is undisputed as to what speech is at issue. This speech falls into two categories: (1) Cohen's use of vulgarities and obscenities in the classroom; and (2) Cohen's curricular focus on sexual *1416 topics such as pornography, as well as his classroom comments on sexual subjects. 1416 1. Speech on a Matter of Public Concern Cohen's profanity is not speech on a matter of public concern. Yniguez v. Arizonans for Official English, 42 F.3d 1217, 1235 n. 20 (9th Cir. 1994) ( citing Waters) (dictum) (\"[T]he government would have an indisputable right to prohibit its employees from using profanity or abusive language. . . .\"); see Waters, ___ U.S. at ___, 114 S.Ct. at 1886 (\"[W]e have never expressed doubt that a government employer may bar its employees from using Mr. Cohen's offensive utterance to members of the public, or to the people with whom they work.\"). The Fifth Circuit has squarely held that a college instructor's habitual classroom use of profanity is not speech on a matter of public concern. Martin v. Parrish, 805 F.2d 583, 585 (5th Cir. 1986); see Dambrot v. Central Michigan Univ., 839 F. Supp. 477, 488 (E.D.Mich. 1993) (finding that university basketball coach's use of a racial epithet during team pep-talk was not speech on a matter of public concern). Thus, Cohen's use of profanity is not protected speech under Connick, and it may be regulated by the College. However, it is less clear whether Cohen's comments on pornography and other sexual topics constitute speech on a matter of public concern. The determination of whether an employee's speech is a matter of public concern is often a difficult one, for which there are few bright-line tests. See generally Stephen Allred, From Connick to Confusion: The Struggle to Define Speech on Matters of Public Concern, 64 Ind.L.J. 43 (1988); D. Gordon Smith, Comment, Beyond \"Public Concern\": New Free Speech Standards for Public Employees, 57 U.Chi.L.Rev. 249 (1990 public employee's speech is constitutionally protected if it may be fairly considered to relate to \"any matter of political, social, or other concern to the community.\" Connick, 461 U.S. at 146, 103 S.Ct. at 1690. In determining whether an employee's speech addresses a matter of public concern, the Court must look at the \"`content, form, and context of a given statement, as revealed by the whole record.'\" Rankin v. McPherson, 483 U.S. 378, 384-85, 107 S.Ct. 2891, 2897, 97 L.Ed.2d 315 (1987) (quoting Connick, 461 U.S. at 147-48, 103 S.Ct. at 1690) (finding a state employee's comment on the attempted assassination of President Ronald Reagan that she hoped the next attempt would succeed was speech on a matter of public concern). This determination is made as a matter of law. Allen v. Scribner, 812 F.2d 426, 430 n. 8 (9th Cir.), amended, 828 F.2d 1445 (9th Cir. 1987). Content is the most important factor in this analysis. Johnson v. Multnomah County, 48 F.3d 420, 424-25 (9th Cir. Feb. 16, 1995). Moreover, \"[t]he inappropriate or controversial character of a statement is irrelevant to the question of whether it deals with a matter of public concern.\" Rankin, 483 U.S. at 387, 107 S.Ct. at 2898. Many cases address this \"matter of public concern\" issue within the context of an employee's criticism of government conduct. In Gillette v. Delmore, the Ninth Circuit found that a fireman's criticism of fire department action, during the action in question, involved a matter of public concern. 886 F.2d 1194, 1197 (9th Cir. 1989). The Gillette Court wrote that the fireman's speech \"concerned the manner in which police and fire fighters performed their duties on a particular occasion,\" and thus was entitled to constitutional protection. Id. at 1197; see Hyland v. Wonder, 972 F.2d 1129, 1139 (9th Cir. 1992) (holding that juvenile hall volunteer could not be penalized for sending memorandum critical of juvenile hall management to judges and the governing agencies), cert. denied, ___ U.S. ___, 113 S.Ct. 2337, 124 L.Ed.2d 248 (1993); Burgess v. Pierce County, 918 F.2d 104, 106 (9th Cir. 1990) (per curiam) (holding that fire marshall's opposition to county ordinance was protected speech on a matter of public concern); Allen v. Scribner, 812 F.2d 426, 431 (9th Cir.), amended, 828 F.2d 1445 (9th Cir. 1987) (holding that state entomologist's public criticism of state's medfly infestation project was speech on a matter of public concern). In those cases, the courts focused on determining whether the statements at issue were protected speech on government conduct or unprotected speech dealing with the *1417 \"minutiae of workplace grievances.\" See Johnson v. Multnomah County, 48 F.3d at 425 (finding that county employee's criticism of her supervisor as part of the \"good old boy network\" involved in misconduct and mismanagement was speech on a matter of public concern, even though there was evidence that the employee was personally \"embittered\"); McKinley v. City of Eloy, 705 F.2d 1110, 1114 (9th Cir. 1983) (holding that police officer's public criticism of police pay rate was speech 1417 on a matter of public concern because \"[s]peech by public employees may be characterized as not of `public concern' when it is clear that such speech deals with individual personnel disputes and grievances and that the information would be of no relevance to the public's evaluation of the performance of governmental agencies\"). The court of appeals has held that \"[o]ne critical inquiry is whether the employee spoke in order to bring wrongdoing to light or merely to further some purely private interest.\" Havekost v. U.S. Dep't of Navy, 925 F.2d 316, 318 (9th Cir. 1991) (holding that grocery bagger's circulation of petition calling for discharge of head grocery bagger was not speech on a matter of public concern). While these government criticism cases constitute the scenario most often considered under Connick, numerous cases have applied Connick where, as here, the speech at issue was unrelated to government conduct. These cases, for example, have dealt with comments about political figures as in Rankin and with speaking Spanish on the job as in Yniguez. The Fifth Circuit has held that a high school teacher's supplemental reading list was not speech on a matter of public concern. Kirkland v. Northside Ind. Sch. Dist., 890 F.2d 794, 802 (5th Cir. 1989), cert. denied, 496 U.S. 926, 110 S.Ct. 2620, 110 L.Ed.2d 641 (1990). Further, a firefighter's reading of Playboy Magazine during his off-duty hours at the firehouse has been found to be protected expression related to matters of public concern because the magazine included articles \"relating to politics, sports, arts and entertainment.\" Johnson v. County of Los Angeles Fire Dep't, 865 F. Supp. 1430, 1436 (C.D.Cal. 1994). Based on this case law, the Court finds that the pornography topic and the other sexually-oriented topics discussed in Cohen's classes are matters of concern to the community and thus are topics of public concern. The Court further finds that the record shows that the content and form of Cohen's statements addressed these topics. Thus, Cohen's commentary on those topics is commentary on a matter of public concern. Therefore, the first prong of the Connick test for protected government employee speech is satisfied. The Court must now address the balancing prong of the Connick test. 2. Balancing Test Because Cohen's speech in assigning sexually focused topics and his commentary on those topics relates to a matter of public concern, the burden shifts to Defendants to show that their legitimate interests outweigh Cohen's First Amendment interests. Rankin, 483 U.S. at 388, 107 S.Ct. at 2899; Johnson v. Multnomah County, 48 F.3d at 421-22. In applying this balancing test, the Court must consider the manner, time, place, and context of the employee's expression. Rankin, 483 U.S. at 388, 107 S.Ct. at 2899. The state's burden in justifying the regulation varies according to the nature of the employee's expression. Connick, 461 U.S. at 150, 103 S.Ct. at 1691-92. Other pertinent considerations include \"whether the statement impairs discipline by superiors or harmony among co-workers, has a detrimental impact on close working relationships for which personal loyalty and confidence are necessary, or impedes the performance of the speaker's duties or interferes with the regular operation of the enterprise.\" Rankin, 483 U.S. at 388, 107 S.Ct. at 2899 (citing Pickering v. Board of Educ., 391 U.S. 563, 570-73, 88 S.Ct. 1731, 1735-37, 20 L.Ed.2d 811 (1968)). Essentially, the state's interest is based on \"the effective functioning of the public employer's enterprise.\" 483 U.S. at 388, 107 S.Ct. at 2899. The Court must consider the employer's interest in effectively functioning, and whether that effective function is disrupted. Thomas v. Carpenter, 881 F.2d 828, 830-31 (9th Cir. 1989) (holding that sheriff's *1418 deputy could not be penalized for statements made during an election in which he challenged the incumbent sheriff), cert. denied, 494 U.S. 1028, 110 S.Ct. 1475, 108 L.Ed.2d 612 (1990). In so determining the government's interest, the Court should consider whether the statement at issue impairs discipline, co-worker relations, or impedes the performance of the speaker's duties or the operation of the enterprise. Id. at 831. If the speech at issue directly deals with issues of public concern, a stronger showing of disruption is required. Id. (citing McKinley v. City of Eloy, 705 F.2d 1110, 1115 (9th Cir. 1983)). The context of the situation determines how strong a showing must be made. Id showing of real, not imagined disruption, is required. McKinley, 705 F.2d at 1115. 1418 In I.N.S. v. Federal Labor Relations Auth., the Ninth Circuit held that the First Amendment interests of an I.N.S. agent in wearing a pro-union button on his uniform while he was on duty were outweighed by the agency's efficient functioning interest in presenting an easily recognizable image to the public and fostering esprit de corps. 855 F.2d 1454, 1466 (9th Cir. 1988). In so holding, the court noted that the regulation at issue was not directed at a particular viewpoint or even at expression per se. Id. Pre- Connick, the Ninth Circuit declined to apply Pickering's protection of public employee speech to police officers publicly critical of police department tactics, stating that \" [s]ubstantial differences between the public interest in education and the public interest in safety and order justify a difference in the standards by which the respective institutions may protect themselves from attempted destruction by their employees.\" Byrd v. Gain, 558 F.2d 553, 554 (9th Cir. 1977), cert. denied, 434 U.S. 1087, 98 S.Ct. 1282, 55 L.Ed.2d 792 (1978). Byrd's distinction between teachers and police officers has been cited by subsequent Ninth Circuit cases as highlighting the need to consider the context of the statement when applying the second prong of the Connick- Waters test. Thomas, 881 F.2d at 831; Allen, 812 F.2d at 432. In Wheaton v. Webb-Petett, the court of appeals upheld the termination of a managerial state employee who, during informational meetings, made remarks \"unsupportive\" of a new state program to employees responsible for implementing that program. 931 F.2d 613, 618 (9th Cir. 1991). The Wheaton court found that, although the manager had a strong interest as a citizen in dissenting as to the new program, that interest was outweighed by the risk that his reiterated objections would endanger the implementation of the new program. Id. In line with that reasoning, the court of appeals has similarly held that an employee's comments on the government's behalf may be restricted by the government. Kotwica v. City of Tucson, 801 F.2d 1182, 1184-85 (9th Cir. 1986) (holding that government spokesperson's comments to media on proposed city program, when she had been expressly instructed not to comment on the program, were not protected because of the government's interest in the accurate announcement of its policy). The Ninth Circuit recently applied the Waters-Connick balancing test to an Arizona law prohibiting state employees from speaking languages other than English on the job. Yniguez v. Arizonans for Official English, 42 F.3d 1217, 1234- 35 (9th Cir. 1994). In applying the balancing test, the court of appeals found that the state law was unconstitutional, because there was no evidence that the state's interest in efficiency was served by the language prohibition. Id. at 1239. The Ninth Circuit did not directly address the question of whether speaking a language other than English actually qualifies as speech on a matter of public concern but merely noted that the fact that the speech occurred as part of the performance of official duties did not dictate a result. Id. at 1235. The College brings forth substantial, uncontroverted evidence showing that the educational process was disrupted by Cohen's focus on sexual topics and teaching style. There is testimony from the complaining student and from other students in the class that Cohen's sexually suggestive remarks, use of vulgarities and obscenities, and the topics for discussion prevented them from learning. Furthermore, written evaluations of Cohen by his colleagues done in November of 1992, *1419 before Murillo filed her grievance against Cohen, show that while his colleagues respected Cohen as a teacher, several of them entertained doubts as to the efficacy of his confrontational teaching methods. According to one peer evaluator who observed a class in which Cohen discussed and assigned a paper on the topic of consensual sex with children, Cohen's 1419 specific focus impedes academic success for some students question whether or not many of our students have the academic preparation and/or emotional maturity (stability) to cope with the nature of Mr. Cohen's assignments. Opp. to Mot. Prelim. Inj., Bundy Decl., Ex. 14 at 363. Another observer stated that Cohen's approach to the topic of \"the pros or the cons of consensual sex with children\" did not foster unfettered discussion by students but instead \"require[d] self-censorship rather than complex analysis of an important issue.\" Opp. to Mot. Prelim. Inj., Bundy Decl., Ex. 14 at 361. The evaluator further wrote that, [c]ertainly the issue of what in this society is considered to be sexual abuse deserves discussion. But given the student population, it deserves sensitive, complex discussion \u2014 not the reductionist approach that Mr. Cohen's assignment requires. Rather than fostering free inquiry, Mr. Cohen's assignment as stated undermines the crucial nature of the issue. Opp. to Mot. Prelim. Inj., Bundy Decl., Ex. 14 at 361. Lastly, Cohen himself concedes that his teaching methods do not work with every student. He has stated that he deliberately uses an \"abrasive\" teaching style to elicit a response from his students. He admitted during the hearing before the Board that, while his style was effective as to some students, it was not as to others: \"[T]here's always a sort of ratio between success and failure. Techniques work with one student and not another. . . .\" Opp. to Mot. Prelim. Inj., Bundy Decl., Ex. 17 at 447 (11/11/93 Hearing Tr. at 46). Moreover, in answer to a question as to whether he considered himself an excellent teacher, Cohen replied, \"That would depend on the student teacher is good with one student and not so good with another, and that has something to do with the student's perception of the teacher. One cannot be all things to all students.\" Opp. to Mot. Prelim. Inj., Bundy Decl., Ex. 17 at 453 (11/11/93 Hearing Tr. at 52). In fairness, the Court must note that there is evidence in the record that Cohen's teaching style is effective for at least some students. Cohen's colleagues have stated that he is a gifted and enthusiastic teacher. Furthermore, according to the chair of the English Department (who is a defendant in this action), Cohen's teaching style is within the range of acceptable academic practice. The record also contains statements from several students to the effect that Cohen's challenging classroom style contributed to their learning experience. Moreover, the record contains positive student evaluations of Cohen submitted by English 101 and English 015 classes for the Fall 1992 and Fall 1993 semesters. However, this evidence does not controvert the evidence showing that the learning process for a number of students was hampered by the hostile learning environment created by Cohen. In applying a \"hostile environment\" prohibition, there is the danger that the most sensitive and the most easily offended students will be given veto power over class content and methodology. Good teaching should challenge students and at times may intimidate students or make them uncomfortable. In a different context, the Supreme Court has previously refused to ban all material which offends the sensibilities of society's most sensitive and vulnerable members. Butler v. Michigan, 352 U.S. 380, 383-84, 77 S.Ct. 524, 525-26, 1 L.Ed.2d 412 (1957) (holding that a state statute prohibiting all distribution of written material harmful to minors was \"burn[ing] the house to roast the pig\" because it \"reduce[d] the adult population of Michigan to reading only what is fit for children\"). Colleges and universities, as well as the courts, must avoid a tyranny of mediocrity, in which all discourse is made bland enough to suit the tastes of all students. However, colleges and universities must have the power to require professors to effectively *1420 educate all segments of the student population, including those students unused to the rough and tumble of intellectual discussion. If colleges and universities lack this power, each classroom becomes a separate fiefdom in which the educational process is subject to professorial whim. Universities must be able to ensure that the more vulnerable as well as the more sophisticated students receive a suitable education. The Supreme Court has clearly stated that the public employer must be able to achieve its mission and avoid disruption of the workplace. Within the educational context, the university's mission is to effectively educate students, keeping in mind students' varying backgrounds and sensitivities. Furthermore, the university has the right to preclude disruption of this educational mission through the creation of a hostile learning environment. As the Yniguez court noted, public employers must have the authority to determine what tasks its employees perform. Yniguez, 42 F.3d at 1235 n. 20. 1420 The restrictions imposed by Defendants are not onerous. The College has required Cohen to issue a syllabus at the beginning of each semester for each of his classes. Cohen must attend a sexual harassment seminar. Cohen must be formally evaluated, and he is directed to \"be sensitive\" to students. These restrictions are tailored and reasonable, in light of the issues involved. The College is not directly censoring Cohen's choice of topics or teaching style. In essence, the College is requiring Cohen to warn students of his teaching style and topics so that those students for whom this approach is ineffective may make an informed choice as to their educations. Thus, even though Cohen's speech on the topic of pornography was speech on a matter of public interest, the College's interest in effectively educating its students outweighs Cohen's interest in focussing on sexual topics in the classroom, to the extent that the university only requires Cohen to warn potential students of his teaching style and topics. As an alternative basis for its ruling, the Court recognizes the constitutional implications of the College's substantial interest in preventing the creation of a hostile, sexually discriminatory, environment which would disrupt the educational process. The Supreme Court has found that creating a \"hostile environment\" based on gender is a form of sexual harassment which violates Title VII. Harris v. Forklift Sys., Inc., ___ U.S. ___, ___ \u2014 ___, 114 S.Ct. 367, 370-71, 126 L.Ed.2d 295 (1993); Meritor Savings Bank v. Vinson, 477 U.S. 57, 64, 106 S.Ct. 2399, 2404-05, 91 L.Ed.2d 49 (1986). Several circuits, including the Ninth Circuit, have held that sexual harassment is a type of sexual discrimination which violates the Equal Protection Clause of the Fourteenth Amendment. Bator v. Hawaii, 39 F.3d 1021, 1027 (9th Cir. 1994) (holding that a claim of sexual harassment \"can be impermissible sex discrimination in violation of the Equal Protection Clause\"); Bohen v. City of East Chicago, 799 F.2d 1180, 1185 (7th Cir. 1986) (\"Sexual harassment of female employees by a state employer constitutes sex discrimination for purposes of the equal protection clause of the fourteenth amendment.\"); Starrett v. Wadley, 876 F.2d 808, 814-15 (10th Cir. 1989) (holding that terminated state employee plaintiff had a 42 U.S.C. \u00a7 1983 cause of action for supervisor's propositions, physical contact, and quid pro quo threats). *1421 III. Cohen Received Fair Notice Under the Speech Policy, and the Policy is Not Facially Invalid 9 10 1421 9 Cohen argues that the fact the complaining party in this case is a student, rather than an employee, makes these cases inapposite. However, it seems clear that the issue in those cases is the status of the harassers \u2014 the state employees \u2014 not the status of the people harassed. Thus, it is immaterial that the complaining student in this case is not a state employee. 10 The College cites Cal.Educ. Code \u00a7 212.6, which requires SBVC, along with other educational institutions, to adopt a written policy against sexual harassment. While this possible conflict in duties makes the College's position more sympathetic, this statutory duty does not mandate a decision in the College's favor. Thus, the fact that Defendants were statutorily required to implement this sexual harassment policy has little relevance to this Court's determination of the policy's constitutionality under the First Amendment. Likewise irrelevant is the College's citing of Title IX, 20 U.S.C. \u00a7 1681-1688 (prohibiting sexual harassment in the educational environment) and Franklin v. Gwinnett County Public Schools, 503 U.S. 60, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992) (allowing a high school student to maintain a damages claim against her school for a violation of Title IX). Cohen further argues that, under the First Amendment, he is guaranteed \"fair notice\" of restrictions on protected speech, and that he did not receive such notice. Cohen's argument fails under the Connick-Waters line of cases which hold that the government as employer has broader procedural, as well as substantive, power in restricting speech. Waters, ___ U.S. at ___, 114 S.Ct. at 1886. For example, a public employer may prohibit its employees from \"`being rude to customers,'\" a standard that in another context would be impermissibly vague. Waters, ___ U.S. at ___ \u2014 ___, 114 S.Ct. at 1886-87. Thus, even if the sexual harassment policy at issue here would be considered impermissibly vague or overbroad if applied to the public at large, the Court holds that the College as a public employer has greater substantive and procedural power to regulate its employees' speech, and that the policy therefore is not invalid on its face. Moreover, the Court holds that Cohen received fair notice of what speech was prohibited by the policy. Cohen cites two cases in which public university \"hate speech\" codes governing student speech were struck down as unconstitutionally vague and overbroad. Although the speech codes in those cases regulated student speech, not just the speech of state employees, their language closely parallels the language at issue here. In Doe v. University of Michigan, the university restricted speech which, among other things \"stigmatizes or victimizes an individual on the basis of race, ethnicity, religion, sex . . . and that . . . [c]reates an intimidating, hostile, or demeaning environment for educational pursuits. . . .\" 721 F. Supp. 852, 856 (E.D.Mich. 1989). The university speech code further banned \"sexual advances, requests for sexual favors, and verbal or physical conduct that stigmatizes or victimizes an individual on the basis of sex . . . where such behavior . . . [c]reates an intimidating, hostile, or demeaning environment for educational pursuits, 774 F. Supp. 1163, 1178, 1180 (E.D.Wis. 1991); see Dambrot v. Central Michigan Univ., 839 F. Supp. 477 (E.D.Mich. 1993) (striking down hate speech code as facially invalid, even though not unconstitutional as applied to university coach under Connick). employment. . . .\" Id. The district court struck down these regulations as facially vague and overbroad, and as applied. Id. at 864-67. The Post, Inc. v. Board of Regents court similarly struck down as vague and overbroad University of Wisconsin regulations prohibiting racist or discriminatory comments, epithets or other express behavior directed at an individual . . . if such comments . . . intentionally: . . . [c]reate an intimidating, hostile, or demeaning environment for education. . . . However, the speech codes at issue in the above cases all restricted student speech, not merely employee speech as here. The anti-sexual harassment policy, which restricts only employee speech, is accorded procedural leeway under Connick and is not unconstitutional. This case may thus be distinguished from Doe v. University of Michigan and Post, Inc. v. Board of Regents. IV. Conclusion The Court thus holds that, under Connick and Waters, the College has the authority to require Cohen to distribute a syllabus detailing his controversial teaching style, attend an anti-sexual harassment seminar, and to submit to a formal evaluation of his teaching methods. The College is entitled to issue these narrowly tailored requirements because it has shown that its educational mission has been disrupted for some students by Cohen's teaching style. The College's substantial interest in educating all students, not just the thick-skinned ones, warrants the College's requiring Cohen to put potential students on notice of his teaching methods. The College's interest in fulfilling its educational mission is further bolstered by the constitutional implications of sexual harassment. *1422 1422 In so holding, the Court notes that this ruling goes only to the narrow and reasonable discipline which the College seeks to impose case in which a professor is terminated or directly censored presents a far different balancing question. Further, the Court notes that the College must avoid restricting creative and engaging teaching, even if some over-sensitive students object to it. Judgment is hereby rendered in Defendants' favor on all of Plaintiff's First Amendment and Cal. Const. art. I., \u00a7 2(a) claims ORDERED. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice.", "7540_106.pdf": "Home \u00bb Articles \u00bb Case \u00bb Cohen v. San Bernardino Valley College (9th Cir.) (1996) Cohen v. San Bernardino Valley College (9th Cir.) (1996) In Cohen v. San Bernardino Valley College, 92 F.3d 968 (9th Cir. 1996), the Ninth Circuit Court of Appeals determined a California college\u2019s sexual harassment policy to be unconstitutionally vague and a First Amendment violation as applied to a teacher who had used provocative teaching methods for a number of years. Cohen was sued after college said teaching style violated harassment policy female student at San Bernardino Valley College complained that one of her professors, Dean Cohen, had created a sexually hostile environment in her remedial English class. Cohen spoke about controversial topics, such as bestiality and obscenity, read articles he had written for pornographic magazines, and used profanity in the classroom. After the college concluded that Cohen had violated the school\u2019s sexual harassment policy, he sued in federal court, contending that his rights to freedom of speech, academic freedom and due process had been violated. Court: Policy as applied to teacher violated the First Amendment federal district court ruled against Cohen, so he appealed to the Ninth Circuit, which reversed in his favor on the First Amendment claim. The court\u2019s three-judge panel determined that the policy was unconstitutionally vague as applied to Cohen, particularly given that he had been using such controversial teaching methods for many years. \u201cCohen\u2019s speech did not fall within the core region of sexual harassment as defined by the Policy,\u201d the Ninth Circuit ruled. \u201cInstead, officials of the College, on an entirely ad hoc basis, applied the Policy\u2019s nebulous outer reaches to punish teaching methods that Cohen had used for many years.\u201d The appeals court described the officials\u2019 actions toward Cohen as a \u201clegalistic ambush.\u201d Given the lack of certainty in this area of the law, however, the appeals court granted the college officials qualified immunity. The decision has been cited by numerous other courts that have examined the relationship between sexual harassment, freedom of speech, and academic freedom, particularly in the college classroom environment. Written by David L. Hudson Jr., published on January 1, 2009 last updated on July 2, 2024 The 9th U.S. Circuit Court of Appeals in 1996 ruled that the sexual harassment policy of San Bernardino Valley College (pictured above) could not be used against an English teacher who used provocative teaching methods. The court said the policy was unconsitutionally vague and it was a First Amendment violation as applied against the teacher. (Image via Wikimedia Commons 3.0) search entire site... David L. Hudson, Jr. is a law professor at Belmont who publishes widely on First Amendment topics. He is the author of a 12-lecture audio course on the First Amendment entitled Freedom of Speech: Understanding the First Amendment (Now You Know Media, 2018). He also is the author of many First Amendment books, including The First Amendment: Freedom of Speech (Thomson Reuters, 2012) and Freedom of Speech: Documents Decoded (ABC-CLIO, 2017). This article was originally published in 2009.\u200b \ud83d\udd17 Send Feedback on this article Academic Freedom Obscenity and Pornography Sexual Harassment Laws Vagueness O\u2019Neil, Robert M. \u201cFree Speech and Community: Free Speech in the College Community.\u201d Arizona State Law Journal 29 (1997): 537\u2013548. \u201cAnti-harassment code struck down by federal court in Calif.\u201d Student Press Law Center, Dec. 1, 1996. Kissel, Adam. \u201cMerced College May Need to Retrain Faculty on Sexual Harassment.\u201d The FIRE, March 23, 2010. Search Encyclopedia... For News Media Interviews 615.898.5829 Explore The First Amendment Encyclopedia Nearly 1,700 articles on First Amendments topics, court cases and history How To Contribute The Free Speech Center operates with your generosity! Please donate now! The Free Speech Center is a nonpartisan, nonprofit public policy center dedicated to building understanding of the five freedoms of the First Amendment through education, information and engagement. Neutral news sources could exploit today\u2019s polarized mediascape to boost revenue \u2212 here\u2019s why they may choose not to What is Telegram and why was its arrested in Paris contentious 12 months for the First Amendment What the First Amendment really means Home In The Classroom First Amendment Ads First Amendment Encyclopedia Publications Contact Donate Subscribe to our newsletter for latest news. Let's stay updated! [email protected] Name Email Case Articles by Date Case Articles by Category First Amendment Timeline"} |
7,399 | Charles Deyoe | Kansas State University | [
"7399_101.pdf",
"7399_102.pdf",
"7399_102.pdf",
"7399_101.pdf"
] | {"7399_102.pdf": "Campbell v. Kansas State University, 780 F. Supp. 755 (D. Kan. 1991 District Court for the District of Kansas - 780 F. Supp. 755 (D. Kan. 1991) December 18, 1991 780 F. Supp. 755 (1991) Carla CAMPBELL, Plaintiff, v UNIVERSITY, and Charles Deyoe, Defendants. Civ. A. No. 88-1710-T. United States District Court, D. Kansas. December 18, 1991. *756 *757 Donna J. Long, Ryan and Ryan, P.A., Clay Center, Kan., for plaintiff. Dorothy L. Thompson, Manhattan, Kan., for defendants THEIS, District Judge. This matter comes before the court for final disposition after a six-day bench trial. Carla Campbell, the plaintiff, brings this action against Dr. Charles Deyoe and Kansas State University under Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000e et seq., alleging \"hostile environment\" sexual harassment, retaliation, and constructive discharge. [1] In addition, the plaintiff presents pendent state claims *758 based on battery and assault against Deyoe. Having reviewed all the evidence presented at trial and considered the credibility and demeanor of the witnesses, the court, in conformity with Fed.R.Civ.P. 52(a), makes the following findings of fact and conclusions of law Plaintiff Campbell is a 39 year-old woman formerly employed by Kansas State University in the Department of Grain Science (\"the Department\"), a department within the College of Agriculture. Dr. Charles Deyoe, the principal defendant, is the Head of the Department of Grain Science. Plaintiff initially worked in the Department as a Word Processor II, a classified position, for Dr. Keith Behnke. In June 1986, the plaintiff was recruited by June Bishop, the Office Supervisor, to work for defendant Charles Deyoe after Kim Hoffman, Deyoe's former secretary, resigned. Deyoe originally hired the plaintiff as a \"Research Assistant\" but her job title was later changed to \"Administrative Assistant.\" Her job as Administrative Assistant, an unclassified position, required the plaintiff to perform secretarial duties coupled with additional responsibilities such as organization and scheduling of the departmental agenda. (Jnt.Exh. 43, p. 6). According to the plaintiff's employment contract, her appointment \"carries with it no expectation of continuing employment and no consideration for tenure.\" (Jnt.Exh. 20). After the plaintiff's original one-year appointment expired, she was reappointed for an additional term beginning on June 18, 1987 and ending on June 17, 1988. Charles Deyoe's sexually abusive conduct emerged even before the plaintiff began working for him. During Kim Hoffman's tenure as Deyoe's secretary, Deyoe and Hoffman occasionally exchanged jokes, some of which were mildly sexually explicit. However, on more than one occasion, Deyoe for no apparent reason announced to Hoffman that he felt like he needed to hit her on the buttocks. He also sometimes asked Hoffman what she would do if he hit her on the buttocks. Although Hoffman felt uncomfortable over Deyoe's \"weird\" and \"stupid\" remarks, she did not feel threatened because she thought he was not serious but was merely \"being silly.\" In another incident, when confronted with a disciplinary problem involving Kathy Foster, a linguist in the Department, Deyoe exclaimed to Hoffman, \"Well, what should do sleep with her?\" as a suggested response to the problem. (Jnt.Exh. 44, p. 27). [2] On March 24, 1986, Hoffman had a conversation with Deyoe concerning her request for time off to attend the Kansas Artificial Insemination School; Hoffman ran a cattle breeding business with her husband. During this conversation, Deyoe joked about artificial insemination and proceeded to ask Hoffman whether she would \"prefer it artificially or the natural way,\" referring to Hoffman's sexual preferences. Deyoe later looked straight at Hoffman and declared, \"I'm going to inseminate you!\" (Jnt.Exh. 44, p. 26). Deyoe's remarks caused Hoffman great distress, and prompted her to tell a fellow worker, Cathy Tilley, that she was unable to work with Deyoe any longer. On the following day, Hoffman related the incident to June Bishop, her supervisor. Hoffman, however, specifically requested Bishop not to say anything to Deyoe. June Bishop failed to do anything to pursue Hoffman's complaint except to talk to Deyoe about the incident. Deyoe apologized to Hoffman for making her feel uncomfortable short time later, Hoffman left Deyoe's employ. When the plaintiff replaced Hoffman in June 1986, she was unaware of the circumstances surrounding Hoffman's resignation. In the course of the plaintiff's employment, Deyoe occasionally told her that he would slap her on the buttocks. Plaintiff, however, considered those remarks *759 \"hilarious and stupid\" and did not feel threatened at the time. On December 22, 1987, in Room 03K Shellenberger Hall, Deyoe slapped the plaintiff on her buttocks as she was leaving the room after delivering a message to him. The physical contact was hard enough to make her flesh sting. Plaintiff was extremely shocked and upset, and told Deyoe, \"If you don't do that again won't tell your wife!\" Plaintiff subsequently told June Bishop, the Office Supervisor at the time, about the incident. Plaintiff also related the incident to several other people, including Debi Rogers, Sally Routson and Dr. Keith Behnke. In January 1988, Deyoe again said that he would hit the plaintiff on the buttocks. This time, however, the plaintiff felt threatened because she no longer considered his remarks frivolous. As a result of Deyoe's behavior, the plaintiff suffered severe emotional and psychological distress, and required counseling. Plaintiff also manifested physiological symptoms, such as headaches, sleep difficulty and stress-reaction diarrhea. (Testimony of Dr. Lambert). Plaintiff incurred $77 in psychiatric expenses in connection with the stress from the harassment incident. Although the plaintiff also claimed that Deyoe made knee contacts with her below the conference table and crowded her in her office space, the court finds that these incidents were purely inadvertent. Plaintiff herself testified that Deyoe was a large man, and that any knee contact could have been accidental. Her office space was also very limited and would make any physical crowding inevitable. (Jnt.Exh. 35). The court also finds that Deyoe's use of obscenities did not cause the plaintiff any distress. Deyoe occasionally remarked in the plaintiff's presence that he had a particular person \"by the balls.\" Those remarks were not directed at the plaintiff. Nor were they derogatory to women. Plaintiff herself occasionally used expletives at work that were perhaps more profane than Deyoe's utterances. On February 2, 1988, Dean Walter Woods, Dean of the College of Agriculture, received the plaintiff's sexual harassment complaint against Deyoe. On February 18, 1988, after Dean Woods returned from a business trip abroad, he met with the plaintiff to hear her complaint. In investigating the plaintiff's claim, Dean Woods talked to June Bishop, Deanna Selby and Professor Keith Behnke; he did not interview Kim Hoffman or Debi Rogers, although the plaintiff had supplied him with their names. Dean Woods concluded that he was unable to determine that sexual harassment had in fact occurred because the individuals whom he interviewed did not corroborate with the plaintiff on the actual date in which the alleged incident was related to them: Bishop and Selby denied that it was on December 22, 1988 or thereabouts that the plaintiff told them about the slap on her buttocks. However, all three individuals whom Dean Woods interviewed had told him that the plaintiff did tell them she was slapped on the buttocks by Deyoe; they merely disagreed with the plaintiff as to when she told them. In his letter of administrative resolution, Dean Woods urged Deyoe to \"continue to be professional in his behavior,\" and to pay special attention that his conduct not appear as sexually harassing. Dean Woods also exhorted Deyoe to review carefully the University's policy on sexual harassment. (Jnt.Exh. 9). Plaintiff subsequently brought a formal complaint to the Discrimination Review Committee at the University. Plaintiff then requested leave without pay because she felt \"unable to continue to work in the present work environment.\" (Jnt.Exh. 43, p. 3). Deyoe granted the plaintiff's request but stated that her current appointment would terminate on June 17, 1988 in accordance with her employment contract. (Jnt. Exh. 43, p. 2 hearing was conducted on May 5, 1988. The Committee found \"insufficient evidence to establish that the alleged 22 December 1987 incident actually occurred.\" (Jnt.Exh. 45). On the plaintiff's retaliation claim, however, the Committee found that there was hostility in the work environment, *760 which escalated after the plaintiff filed her complaint. Notwithstanding the Committee's findings, the court finds that the plaintiff herself was at least equally responsible for the hostility within the workplace after she filed her complaint. Plaintiff frequently refused to speak or cooperate with her co-workers at the Department. On one occasion, the plaintiff yelled at a fellow employee when asked about Deyoe's whereabouts. Plaintiff also yelled at another employee, Marcia Longburn, and unreasonably called her \"incompetent\" when they worked on some mailings. Towards the end of her employment at Grain Science, the plaintiff became so unresponsive and unapproachable that Deyoe found it easier to channel her work to others or to do it himself. While the court recognizes that the plaintiff was not solely responsible for any hostility resulting from the filing of her complaint, the court finds no factual preponderance of the evidence indicating that the defendants retaliated against the plaintiff. In view of the plaintiff's decision not to continue working in the Grain Science Department, Dean Woods offered to transfer the plaintiff to the Dean's office for the remainder of her 1987-88 contract. Plaintiff's pay would not change and her vacation time would be restored. Plaintiff, however, declined the offer, citing her emotional difficulties in returning to the College of Agriculture. (Jnt.Exh. 51). On June 16, 1988, Dean Woods notified the plaintiff of a job opportunity as an Administrative Assistant in the University Library. The position was for a one-year term, beginning on June 18, 1988, the day after the expiration of the plaintiff's Grain Science contract. Dean Woods instructed the plaintiff to contact Dean Hobrock, Dean of Library, who would prepare the contract and inform her of the job duties. (Jnt.Exh. 52). Plaintiff attended an interview with Dean Hobrock and his staff to discuss the position. Plaintiff later declined the position because Dean Hobrock and his staff had asked the plaintiff questions relating to her sexual harassment claim and because the position was merely a one-year appointment. The court finds that the plaintiff's rejection of the Library position was unreasonable. While it is true that Dean Hobrock and his staff inquired into the plaintiff's sexual harassment complaint, their inquiries were initiated by the plaintiff herself and were reasonably based on concerns over the plaintiff's future job performance. Moreover, the Library position was equivalent to the plaintiff's former appointment at the Grain Science Department. Like the Library position, the plaintiff's position at Grain Science was a one-year appointment. Although the plaintiff expected her Grain Science employment contract to be renewed, the University had made no guarantee or representation that her contract would automatically be renewed. Plaintiff has also failed to show the court that there was absolutely no possibility of contract renewal for the Library position. In fact, the same library position that the plaintiff declined had been extended six months beyond the original one-year term. Further, Dean Hobrock had assured the plaintiff that, \"if things work out well,\" the plaintiff could move into more extended positions at the end of the appointment. After turning down the Library position, the plaintiff made several unsuccessful attempts at securing employment in the Manhattan area. In November 1988, five months after her contract with Grain Science expired, the plaintiff secured what she considered a \"perfect position\" with the U.S. Fish and Wildlife Service. She has worked there continuously except for a six month hiatus between January 1989 and July 1989, during which period the plaintiff made no effort to find employment. Plaintiff's position at the U.S. Fish and Wildlife Service was technically listed as part-time but she was allowed to work full-time hours if she desired. Plaintiff worked solely on a part- time basis throughout her employment with the Service. (Plt.Exh. 6). The court finds, therefore, that the plaintiff's part-time employment status was the *761 result of a voluntary and conscious decision on her part. In March 1989, Kansas State University contacted plaintiff to interview for a Secretary position. Plaintiff declined the invitation because \"she was not in a position at this time to interview\" for the position. (Def.Exh. 2). Instead, the plaintiff secured a low-paying assistantship position in the Political Science department. The evidence again points to the plaintiff's voluntary decision to choose part-time over full-time positions during this period. Plaintiff has exhausted her administrative remedies. She lodged a complaint with the Equal Employment Opportunity Commission (\"EEOC\") and the Kansas Commission on Civil Rights on June 15, 1988. After an administrative determination of no probable cause, the plaintiff properly invoked the court's jurisdiction under Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000e et seq 1 Title proscribes sexual harassment in the workplace. See Meritor Savings Bank v. Vinson, 477 U.S. 57, 106 S. Ct. 2399, 91 L. Ed. 2d 49 (1986). Although sexual harassment may surface in a variety of forms, courts have consistently recognized two distinct [3] categories of sexual harassment claims: quid pro quo harassment and hostile environment harassment. Hicks v. Gates Rubber Co., 833 F.2d 1406 (10th Cir. 1987). Quid pro quo sexual harassment takes place when sexual favors are coerced in exchange for employment benefits. See, e.g v. Domino's Pizza, Inc., 34 Fair Empl.Prac.Cas. (BNA) 1075, 1983 477 (E.D.Mich.1983) (plaintiff was fired for refusing to accede to manager's sexual demands). Alternatively, a sexual harassment claim based on hostile environment, which the plaintiff presents in the instant case, arises when sexual conduct \"`has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.'\" Vinson, 477 U.S. at 65, 106 S. Ct. at 2404 (quoting 29 C.F.R. \u00a7 1604.11(a) (3) (1986)). The predicate conduct underlying a sexual harassment claim need not be sexual or prurient in nature; the conduct need only be gender-based, occurring simply because of the victim's gender. See Hicks, 833 F.2d at 1415 (conduct that would not occur but for the employee's sex may be actionable under Title VII); e.g., Hall v. Gus Constr. Co., Inc., 842 F.2d 1010, 1013-14 (8th Cir.1988) (male crew members urinated into the gas tank of female employee's car). For a hostile environment claim to be actionable, the sexual harassment must be \"sufficiently pervasive or severe `to alter the conditions of [the victim's] employment and create an abusive working environment.'\" Vinson, 477 U.S. at 67, 106 S. Ct. at 2405 (quoting Henson v. City of Dundee, 682 F.2d 897, 904 (11th Cir.1982)). Whether the sexual harassment is sufficiently pervasive or severe to create a hostile working environment must be determined from the totality of the circumstances. Henson, 682 F.2d at 904. Because this court has discounted the plaintiff's claims of knee contacts, profane utterances and physical crowding in her office space, what remains of the plaintiff's sexual harassment claim is predicated on a slap on the plaintiff's buttocks coupled with Deyoe's subsequent threat of repeating the act, which instilled fear in the plaintiff. At issue, therefore, is whether a supervisor's act of slapping a female employee on her buttocks and his subsequent verbal threat to continue the offensive physical contact amount to the level of pervasiveness or severity required in a hostile environment claim. The courts have not been entirely consistent in determining the threshold of pervasive or severe conduct necessary to maintain a hostile environment claim. Some *762 courts recognize that activities involving unwelcome physical touching can form the basis of a Title claim. See, e.g., Carrero v. New York City Housing Auth., 890 F.2d 569, 577-78 (2d Cir.1989) (hostile environment existed where supervisor fondled plaintiff's knee and kissed her neck); Tindall v. Housing Auth. of City of Fort Smith, 762 F. Supp. 259, 262 (W.D.Ark. 1991) (\"Sexual harassment of a physical character can manifestly be a discrimination on account of sex.\"). Other courts, however, require more eggregious behavior to support a hostile environment claim. In Scott v. Sears, Roebuck & Co., 798 F.2d 210 (7th Cir.1986), for example, the Seventh Circuit held that the plaintiff's working environment was not sufficiently hostile notwithstanding the fact that the plaintiff was slapped on her buttocks and asked if she moaned and groaned during sexual intercourse; according to the Scott court, the offensive conduct was not \"repeated or relentless.\" Id. at 212. While it is true that \"casual or isolated manifestations of a discriminatory environment, such as a few ethnic or racial slurs, may not raise a cause of action,\" Hicks, 833 F.2d at 1414 (citations omitted), it does not necessarily follow that the complained-of behavior must invariably be repeated and relentless. Although repeated and relentless conduct is probative of the pervasiveness of the harassment, this court is mindful that the Supreme Court in Vinson required that the harassment be \"sufficiently pervasive or severe.\" (Emphasis added.) As such, a single isolated incident while perhaps not pervasive may nevertheless be so severe as to amount to an actionable violation of Title VII. See Ellison v. Brady, 924 F.2d 872, 878 (9th Cir.1991) (\"the required showing of severity or seriousness of the harassing conduct varies inversely with the pervasiveness or frequency of the conduct\"); Andrews v. City of Philadelphia, 895 F.2d 1469, 1484 (3d Cir.1990) (\"The factfinder must not only look to the frequency of the incidents but to their gravity as well.\"); Carrero v. New York City Housing Auth., 890 F.2d 569, 578 (2d Cir.1989) (\"It is not how long the [harassing conduct] lasts. The offensiveness of the individual actions complained of is also a factor....\"); Ross v. Double Diamond, Inc., 672 F. Supp. 261 (N.D.Tex.1987) (the severity of the harassment satisfied the \"pervasive or severe\" test even though the harassment lasted only a short time). Therefore, rather than anchoring the analysis on the frequency or longevity of the conduct, the main focus should be on the adverse effects of the conduct: whether the harassment interfered with plaintiff's work performance or created an \"intimidating, hostile or offensive\" working environment. Vinson, 477 U.S. at 65, 106 S. Ct. at 2404 (citing 29 C.F.R. \u00a7 1604.11(a) (3)). The present case involves more than mere utterance of an epithet. Without provocation or reason, the plaintiff a dignified adult woman was spanked on her rear end! In addition, the plaintiff subsequently faced a threat that the spanking might be repeated, and she felt genuine apprehension. Deyoe's conduct was unwelcome, and prompted simply because of the plaintiff's gender. Considering the nature of Deyoe's behavior, and the context in which it arose, the court is convinced that Deyoe's behavior was patently abusive and offensive even though it happened infrequently and for a short period. Deyoe's behavior robbed the plaintiff of her self-esteem at the workplace; she was demeaned, degraded and humiliated. After those incidents, the plaintiff's psychological well-being and work performance were adversely affected in a significant manner. In the court's view, a reasonable person in the plaintiff's position would suffer the same humiliation and distress. In this day of heightened sensitivity to sexual harassment and a woman's rights in the workplace, this court finds the defendant's behavior wholly unacceptable and sufficiently severe to constitute actionable sexual harassment. Having determined that Deyoe's conduct amounts to sexual harassment, the next issue is whether the employer, Kansas State University, may be held liable for the transgressions of Dr. Deyoe, a member of its supervisory personnel. In Hicks v. Gates Rubber Co., 833 F.2d 1406 (10th *763 Cir.1987), the Tenth Circuit identified three alternative bases for imputing liability to an employer for the acts of a supervisor. Drawing upon \u00a7 219 of the Restatement (Second) of Agency, Hicks imposes employer liability for a supervisor's hostile environment harassment where (1) the supervisor was acting within the scope of his employment; (2) the employer was negligent or reckless; or (3) the supervisor purported to act on behalf of the employer and there was apparent authority, or he was aided in accomplishing the tort by the existence of the agency relation. Id. at 1417-18. The \"scope of employment\" basis for liability is largely inapposite in sexual harassment cases because harassing an employee is seldom within the job description of a supervisor in any business of good repute. Id. But see Sims v. Montgomery County Comm'n., 766 F. Supp. 1052, 1075 (M.D.Ala. 1990) (employer had policy of discouraging women from remaining in the department and seeking advancement, and sexual harassment was simply a way of furthering that policy \"by making it as uncomfortable and unpleasant as possible for women to remain as officers in the department\"). In the present case, Deyoe's job duties certainly did not include slapping his administrative assistant on the buttocks or making a threat to that effect. The express prohibitions against sexual harassment outlined by the University certainly compels a finding that Deyoe acted outside the scope of employment. The University's liability may not hinge, therefore, upon the \"scope of employment\" rationale. However, the second theory employer negligence or recklessness provides a basis for employer liability in this case. Under the second agency theory, employer liability attaches when the employer is negligent or reckless in failing to respond to hostile environment harassment by its employees. Id. at 1418. An employer is deemed negligent or reckless in this context when it fails to \"remedy or prevent a hostile or offensive work environment of which management-level employees knew, or in the exercise of reasonable care should have known.\" Hirschfeld v. New Mexico Corrections Dept., 916 F.2d 572 (10th Cir. 1990) (quoting v. Hacienda Hotel, 881 F.2d 1504, 1516 (9th Cir.1989)). This theory, thus, demands a two-prong inquiry: whether the employer had actual or constructive knowledge of the harassment; and, if so, whether the employer failed to remedy or prevent the violation. The court concludes, first, that Kansas State University had knowledge of Deyoe's harassing behavior. As early as March 1986, June Bishop, the office supervisor, was informed of Deyoe's harassing conduct by Kim Hoffman, the former secretary. See Henson, 682 F.2d at 905 (employer is charged with knowledge of the harassment when plaintiff complained to higher management). Although June Bishop may not be a \"management- level\" employee, her knowledge of Deyoe's actions is chargeable to the University. The University has expressly delegated the responsibility of patrolling sexual harassment problems to its supervisors, of which June Bishop was one, and to administrators. According to the University policy: it is the obligation of supervisors and administrators to prevent sexual harassment from occurring or continuing. To that end, it is essential that administrators and supervisors become aware of the nature of sexual harassment and fully familiar with the University's \"Policy Prohibiting Sexual Harassment,\" and that they transmit this information to those faculty and staff in their areas of responsibility. (Jnt.Exh. 4). The University may not, therefore, disclaim any knowledge of Deyoe's harassment when that very knowledge was possessed by the personnel on whom the University had placed responsibility for sexual harassment claims. To hold otherwise would provide employers with a convenient method of insulating themselves from liability. The court concludes also that the University failed to take reasonable corrective action to remedy the situation or prevent it from recurring. With respect to Kim Hoffman's complaint, June Bishop merely related the complaint to Deyoe, the transgressor. Except for a voluntary apology by *764 Deyoe to Hoffman, nothing was done to remedy the situation or to prevent the harassment from recurring. The University undertook no disciplinary action against Deyoe, not even a mere warning. Kim Hoffman was never told of the possibility of invoking the University's administrative procedure. Given the knowledge that the University possessed through June Bishop, the University failed to prevent Deyoe from later victimizing another employee, who turned out to be Carla Campbell. The University's liability is, therefore, premised on its failure to prevent Deyoe from harassing [4] the plaintiff after having prior notice of Deyoe's inappropriate behavior towards Kim Hoffman. Although the plaintiff also argued that the University's response to the plaintiff's complaint was inadequate, the court cannot agree. The University has a comprehensive administrative mechanism for handling sexual harassment claims. The court is somewhat dissatisfied with the manner in which Dean Woods conducted the investigation of the plaintiff's complaint: he failed to interview Kim Hoffman, a key witness, and concluded that he was unable to find sexual harassment simply because the witnesses failed to corroborate on the exact dates of the alleged incident. Notwithstanding Dean Woods' imperfect investigation, the court cannot say that the investigation was so deficient as to be utterly meaningless and inadequate. Plaintiff also had an opportunity to present her case before a full administrative tribunal. The evidence shows that, after the plaintiff invoked the grievance procedure, the University's response was prompt, reasonable and adequate. Apart from the court's conclusion that the University was negligent in failing to prevent the harassment from happening to the plaintiff, the court also finds an alternative basis for employer liability. Deyoe, as the Head of Department, was a high-level administrator. Deyoe had direct supervisory authority over the plaintiff and other staff members in the Department. He possessed sufficient authority to characterize his actions as acts of the \"employer\" within \u00a7 701(b) of Title VII. See Mack A. Player, Employment Discrimination Law 254 (practitioner's ed. 1988). Without even resorting to agency principles, then, the court concludes that the University is liable for Deyoe's actions: his acts are tantamount to those of the employer. Sexual harassment by the Head of Department is, thus, harassment by the University itself. Such an interpretation is consistent with the broad definition of \"employer\" in Title so as to effectuate the remedial and public policy goals of the Civil Rights Act of 1964. 2 Title makes it unlawful \"for an employer to discriminate against any of his employees ... because he has opposed any practice made an unlawful employment practice by this, or because he has made a charge, testified, asserted, or participated in any manner in an investigation, proceeding, *765 or hearing under this title.\" 42 U.S.C. \u00a7 2000e-3(a). To make a prima facie case of retaliation, the plaintiff must show that (1) she engaged in protected opposition to discrimination or participated in Title proceedings; (2) she suffered adverse employment action subsequent to the protected activity; and (3) her [5] protected activity and the adverse employment action were causally related. Archuleta v. Colorado Dep't of Institutions, 936 F.2d 483, 486 (10th Cir.1991). Plaintiff claims that, after she initiated her sexual harassment complaint with the University, Deyoe and June Bishop embarked on a series of actions that eroded her effectiveness on the job and caused such hostility that she was forced to take unpaid leave: they refused to communicate with her and channeled her work elsewhere. In addition, the plaintiff asserts that Deyoe refused to renew her employment contract in retaliation for her complaint. The court concludes that the plaintiff has failed to show that she was subjected to retaliation for filing her complaint. The lack of communication between Deyoe and the plaintiff at worst evinces Deyoe's awkwardness and discomfort in working with the plaintiff after she had filed a complaint against him. Any hostility that might have entered into their professional relationship was not the result of a retaliatory motive on Deyoe's part. Plaintiff herself must share the blame for the strained relationships at the workplace; she was uncooperative and antagonistic with Deyoe and her co-employees after the filing of her complaint. Plaintiff's unresponsiveness also led Deyoe to channel some of her work to others. With respect to Deyoe's failure to renew the plaintiff's contract, the court is satisfied that Deyoe declined to renew her contract because of the hostility generated, to some degree, by the plaintiff's own actions, and principally because the plaintiff had voluntarily refused to continue working at Grain Science. As such, the plaintiff has not demonstrated to the court's satisfaction that a causal connection exists between the plaintiff's protected activities and the non-renewal of her contract or the hostility at work. Even if such a causal connection were shown, however, the defendants have articulated legitimate non-discriminatory reasons. Plaintiff failed to prove that the defendants' proffered reasons were pretextual. See Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 101 S. Ct. 1089, 67 L. Ed. 2d 207 (1981). As a result, the plaintiff's retaliation claim must fail. 3 Constructive discharge occurs when an employer, \"by its illegal discriminatory acts has made working conditions so difficult that a reasonable person in plaintiff's position would feel compelled to resign.\" Ramsey v. City and County of Denver, 907 F.2d 1004, 1010 (10th Cir.1990) (citing Derr v. Gulf Oil Corp., 796 F.2d 340, 344 (10th Cir.1986)). Under this standard, an employer's subjective intent to force the employee into quitting is irrelevant; it is sufficient that the employer maintained or allowed working conditions intolerable to the employee. See id.; Larson, Employment Discrimination 8-179 (1991). Plaintiff claims that the hostile working environment at Grain Science led to her constructive discharge. The court disagrees. While it is true that the court finds the plaintiff's work environment to be hostile, a finding of sexual harassment does not necessarily mandate a finding of constructive discharge; otherwise the two doctrines would be duplicative. Although a working environment may be severe *766 enough to constitute sexual harassment, it may nevertheless be insufficiently intolerable or \"difficult\" to compel a voluntary resignation. In the present case, the plaintiff was not constantly assailed by harassment. Nor were there any other aggravated circumstances such as retaliation to justify a voluntary resignation. Moreover, the plaintiff was offered a legitimate, equivalent position in another department to mitigate any fears or stress that she might have had. Plaintiff, thus, cannot maintain that her work conditions were intolerable when she was given a bona fide offer to work in a neutral non-hostile work environment. Plaintiff also cannot claim that her complaint was ignored; she had timely access to the University's comprehensive internal grievance procedure, which gave serious regard to her complaint. Cf. Llewellyn v. Celanese Corp., 693 F. Supp. 369, 380 (W.D.N.C.1988) (Voluntary resignation was justified in sexual harassment case because employer demonstrated \"callous disregard\" for plaintiff's claim and conducted investigations and disciplinary proceedings that \"def[ied] common sense, and belie[d] any genuine attempt to determine whether plaintiff's allegations were true.\"). The court concludes, therefore, that the plaintiff's work conditions were not so difficult that a reasonable person would feel compelled to resign. In the court's view, a reasonable person in the plaintiff's position would not have quit but would have accepted the transfer to the Library and continued working there while pursuing the available legal remedies. 4 Plaintiff also presents Kansas common law claims based on battery and assault. Because the plaintiff's pendent state claims share \"a common nucleus of operative facts\" with her federal Title claims, the court has jurisdiction to address the merits of her state claims. See United Mine Workers v. Gibbs, 383 U.S. 715, 725, 86 S. Ct. 1130, 1138, 16 L. Ed. 2d 218 (1966). [6] Under Kansas law, a battery is the unprivileged touching or striking of one person by another, done with the intent of bringing about either a contact or apprehension of contact that is harmful or offensive. Stricklin v. Parsons Stockyard Co., 192 Kan. 360, 388 P.2d 824 (1964). Assault, on the other hand, is \"an intentional threat or attempt, coupled with apparent ability, to do bodily harm to another, resulting in immediate apprehension of bodily harm.\" State v. Hardisty, 122 Kan. 527, 253 P. 615 (1927). The statute of limitations for both actions is one year. Kan. Stat.Ann. \u00a7 60-514(2) (1983). The court concludes that Deyoe's act of slapping the plaintiff on her buttocks constitutes a battery. The act was an intentional, unprivileged physical contact that was offensive to the plaintiff. The court concludes also that Deyoe's subsequent verbal remark that he felt like hitting the plaintiff on the buttocks amounts to an assault; it was an intentional threat made with apparent ability to inflict a battery on the plaintiff, resulting in immediate apprehension. Neither action is barred by the one-year statute of limitations. 5 Title authorizes a court to order any appropriate affirmative action, including reinstatement, backpay, or any other equitable relief. 42 U.S.C. \u00a7 2000e-5(g). Plaintiff requests backpay and, in lieu of reinstatement, frontpay through June 1993, the date when the plaintiff expects to graduate and secure better employment opportunities elsewhere. Because this court has concluded that the plaintiff was sexually harassed by defendant Deyoe, the plaintiff is entitled to some relief under Title VII. However, in light of the plaintiff's unreasonable voluntary resignation, the plaintiff's request for backpay is denied. See Brooms v. Regal Tube Co., 881 F.2d 412, 421 (7th Cir. 1989) (backpay may be awarded when the plaintiff can demonstrate that she was discharged, either actually or constructively). Moreover, the plaintiff failed to mitigate her damages by refusing comparable full-time positions offered by the University, thereby foreclosing an award of backpay. *767 See Ford Motor Co. v. E.E.O.C., 458 U.S. 219, 231-32, 102 S. Ct. 3057, 3065- 66, 73 L. Ed. 2d 721 (1982) (Title plaintiff \"forfeits his right to backpay if he refuses a job substantially equivalent to the one he was denied.\"). Plaintiff's request for frontpay through June 1993 is also denied because of the speculativeness of her request and the uncertainty that her contract would be renewed annually through 1993, and because the plaintiff has demonstrated an unwillingness to work at Kansas State University in refusing to accept or interview for comparable positions at the University. The court, therefore, awards the plaintiff nominal damages in the sum of one dollar. [7] Plaintiff is also entitled to attorney's fees under 42 U.S.C. \u00a7 2000e-5(k). Despite losing on her retaliation and constructive discharge claims, the plaintiff succeeded on her main theory, sexual harassment. She has, thus, succeeded on a \"significant issue in litigation which achieves some of the benefit [she] sought in bringing suit.\" Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S. Ct. 1933, 1939, 76 L. Ed. 2d 40 (1983) (quoted in Derr, 796 F.2d at 344). Because the plaintiff is a prevailing party, she is entitled to reasonable attorney's fees even though she won only nominal damages. Derr, 796 F.2d at 344; see Nephew v. City of Aurora, 766 F.2d 1464, 1466 (10th Cir.1985) (\"[w]e have no trouble finding that the plaintiffs ... are the prevailing parties even though they won only nominal damages\"). On the battery and assault claims against Charles Deyoe, the court awards the plaintiff actual damages in the sum of seventy-seven dollars for counseling costs. Furthermore, in the interest of deterring Deyoe and others in similar positions of authority from engaging in such repugnant behavior, the court awards the plaintiff punitive damages in the amount of five thousand dollars. See Nordstrom v. Miller, 227 Kan. 59, 605 P.2d 545 (1980) (punitive damages are awarded in the discretion of the court that judgment is hereby entered for the plaintiff on the sexual harassment claim against the defendants Kansas State University and Charles Deyoe in the amount of $1 plus attorney's fees. The parties shall comply with D.Kan. Rule 220 on the attorney's fees award for the sexual harassment claim that judgment is hereby entered for the plaintiff against Charles Deyoe on the battery and assault claims in the amount of $77 as compensatory damages and $5,000 for punitive damages that judgment is hereby entered for the defendants on the constructive discharge and retaliation claims [1] Prior to trial, plaintiff dismissed the Board of Regents of the state of Kansas and June Bishop as defendants. [2] Classified positions at Kansas State University are subject to the Kansas Civil Service System whereas unclassified positions are subject to contract provisions pursuant to University rules and policies. [3] In addition, the plaintiff's psychologist, Dr. Lambert, testified that the plaintiff informed her that, after the harassment incident, the plaintiff did not intend to work within the University system again. [4] The evidence did not show, and left the finder of fact only to speculate, whether Bishop's reticence to act on the harassment complaints was motivated by loyalty to Deyoe, disbelief in or disdain for the complainant, or fear of retaliation for her husband, who held a supervisory position in Maintenance at Kansas State University. [5] Because the court concludes that employer liability may be anchored on the negligence theory, the court does not address whether the University's liability may also be premised on the third agency theory apparent authority or acts aided by the existence of the agency relationship. The court notes in passing, however, that this theory may apply more readily in quid pro quo cases than in hostile environment cases sexual harasser in a quid pro quo case would normally need the existence of the agency relationship to barter for sexual favors hostile environment, on the other hand, can be created with or without the aid of the agency relationship. Moreover, unlike quid pro quo harassment, the existence of a hostile environment is usually not necessarily attributable to the employer's delegation of authority to the harasser. See, e.g., Fields v. Horizon House, Inc., No. CIV. A. 86-4343, 1987 26652, at *4 (E.D.Pa. Dec. 9, 1987); see also Andresen v. McDonnell Douglas Corp., No. CIV. A. 89-C-0163-S, 1991 96053, at *3 (D.Utah Feb. 21, 1991) (it is not enough that the workplace setting provided the occasion or opportunity for the supervisor to harass the plaintiff). [6] The plaintiff also asserts that the University's offer of an inferior position at the Library contributed to her constructive discharge. In light of the court's finding that the Library position was equivalent to plaintiff's position at Grain Science, plaintiff's assertion is rejected. Plaintiff also intimates that Deyoe's failure to renew her contract constitutes actual discharge. The court disagrees that the plaintiff was actually discharged from the University in view of the University's good faith attempts to transfer her to another department after her contract at Grain Science expired. [7] Some courts have declined to award nominal damages under Title VII, reasoning that an award of damages is a legal, as opposed to equitable, remedy. See, e.g., Swanson v. Elmhurst Chrysler Plymouth, Inc., 882 F.2d 1235, 1239-40 (7th Cir.1989). The above reasoning, however, leads to the inequitable result of leaving a plaintiff who does not succeed in receiving backpay, reinstatement, frontpay or other traditional Title relief without any remedy, and allows the defendant to be the prevailing party even though the plaintiff has proven her Title case. See id. at 1240. Such a ruling, this court believes, fails to comport with Title VII's exhortation to \"make whole\" victims of discrimination. The Tenth Circuit, in addressing the issue of attorney's fees in Title VII, held that a Title plaintiff, as a prevailing party, would be entitled to \"at least nominal damages,\" and is therefore entitled to attorney's fees. Derr v. Gulf Oil Corp., 796 F.2d 340, 344 (10th Cir.1986). Although Derr did not directly address the issue of nominal damages in Title VII, it indicates the Tenth Circuit's willingness to recognize the availability of nominal damages in Title suits. See also Huddleston v. Roger Dean Chevrolet, Inc., 845 F.2d 900, 905 (11th Cir.1988) (plaintiff in Title sexual harassment case may recover nominal damages). 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.", "7399_101.pdf": "Civ. A. No. 88-1710 United States District Court, D. Kansas Campbell v. Board of Regents 770 F. Supp. 1479 (D. Kan. 1991) Decided Aug 9, 1991 Civ. A. No. 88-1710-T. August 9, 1991. *1480 THEIS, District Judge. 1480 Donna J. Long, Ryan and Ryan, P.A., Clay Center, Kan., for plaintiff. Dorothy L. Thompson, Kansas State University, Manhattan, Kan., for defendants. *1481 1481 This matter is before the court on the motion of defendants for summary judgment. (Doc. 24). The action is brought under Title of the Civil Rights Act of *1482 1964, 42 U.S.C. \u00a7\u00a7 2000e, et seq., 42 U.S.C. \u00a7 1983, and state common law. Plaintiff alleges sexual harassment, retaliation, constructive discharge, as well as a due process violation. 1482 I. Background The material facts are undisputed unless otherwise noted. The dispute arises out of plaintiff's employment as an Administrative Assistant in the Department of Grain Science at Kansas State University. By a one-year contract, plaintiff's appointment to this position became effective on June 10, 1986. Before the expiration of this term, plaintiff signed a second contract covering the period from June 18, 1987 through June 17, 1988. On February 18, 1988, plaintiff brought a complaint of sexual harassment to Walter Woods, Dean of the College of Agriculture meeting was held on this date, attended by plaintiff's attorney and Dick Seaton \u2014 the University Attorney \u2014 at which plaintiff outlined the following claims: (1) that her supervisor \u2014 Dr. Charles Deyoe, Head of the Department of Grain Science \u2014 slapped her on the butt on December 22, 1987, and that this incident took place in Room 03K Shellenberger Hall after plaintiff had called Dr. Deyoe out of a meeting to deliver a message. Plaintiff stated that at the time she said to Dr. Deyoe: \"If you don't do that again won't tell your wife;\" (2) that Dr. Deyoe had told plaintiff several times prior to December 22, 1987 that he would slap her on the butt; (3) that plaintiff told Deanna Selby, a coworker, of the incident of December 22 on the same day, stating to her: \"Dr. Deyoe has lost his mind. I'm going home; he hit me on the butt;\" (4) that plaintiff also told June Bishop, Office Supervisor in the Department of Grain Science and Industry, of the incident the day after it occurred; (5) that in January 1988, Dr. Deyoe said that he would hit plaintiff again but obviously she does not like it; (6) that plaintiff felt like Dr. Deyoe \"treated her like a piece of meat;\" 1 (7) that Dr. Deyoe crowded plaintiff in her office space and made knee to knee contact in his office, and further that this made her feel uncomfortable, but that she had not observed any inappropriate actions by Dr. Deyoe with other employees; (8) that Dr. Deyoe had used obscenities in talking to plaintiff about others; and (9) that Dr. Deyoe had not used any other inappropriate language or made other suggestive approaches dispute exists regarding whether and at what time plaintiff told other employees in the Agriculture Department about the December 22 incident. Plaintiff alleges that she told Deanna Selby of the incident on the same day and told June Bishop the following day. To investigate plaintiff's claims, Dean Woods met with Dr. Deyoe, informed him of the charges against him, and gave him an opportunity to respond. Dean Woods also talked to Deanna Selby, June Bishop, and Dr. Keith Behnke regarding the December 22 incident. The findings and conclusions of Dean Woods were stated in a letter of administrative resolution dated March 23, 1988 and sent to both plaintiff and Dr. Deyoe. (Eht. 10 to Defendant's motion in support). Among his findings were that: (1) Dr. Deyoe generally denied plaintiff's allegations. (2) Ms. Bishop and Ms. Selby stated that plaintiff made no mention on or about December 22, 1987 of the incident with Dr. Deyoe. Rather, these persons recall plaintiff telling them at different times. (Defendants' statement of facts, \u00b6 8; Plaintiff's statement of facts, \u00b6 8). (3) Ms. Bishop stated that in mid-January of 1988, plaintiff became very angry in her presence because another employee was receiving tuition assistance from the Grain Science Department. Ms. Bishop recalled plaintiff saying: \"She gets her tuition paid and all get is a slap on the butt.\" Ms. Bishop further recalled plaintiff saying: \"He's going to pay for this if don't *1483 get my tuition paid.\" Plaintiff denies having made this latter statement. (Defendants' statement of facts, \u00b6 9; Plaintiff's statement of facts, \u00b6 9). 1483 (4) Dr. Keith Behnke, a professor in Grain Science, stated that during the week of January 25, plaintiff asked Dr. Behnke for a letter of recommendation to the public administration program, and that plaintiff also told Dr. Benke that Dr. Deyoe had hit her on the butt. Based on Dr. Deyoe's denial of plaintiff's allegations, and that fact that others had not confirmed plaintiff's claim of having brought the December 22 incident to their attention, Dean Woods stated that the University could not conclude whether sexual harassment had occurred. Dean Woods went on to state, however, that if plaintiff's claims had been substantiated, he believed such claims would constitute sexual harassment under University policy. For this reason, Dean Woods sent a letter to Dr. Deyoe, which included the following instructions: 1. That he continue to be professional in his behavior toward [plaintiff] and other employees, and that he pay special attention to conducting himself so that none of his actions can be perceived as sexually harassing. 2. That he avoid any actions that could be perceived as retaliatory toward [plaintiff] for making [the] complaint. 3. That he carefully review the University's policy on sexual harassment. Dean Woods closed by assuring plaintiff of the University's intention to maintain a non- discriminatory work environment, and by informing plaintiff of her right to review by the Classified Discrimination Review Committee. (Ehts. 10 11 to Defendants' Motion in Support, Doc. 25). 2 Campbell v. Board of Regents 770 F. Supp. 1479 (D. Kan. 1991) On April 20, 1988, plaintiff brought a formal complaint to the Discrimination Review Committee charging Dr. Deyoe with sexual harassment. In this letter, plaintiff reiterated most of her claims considered by Dean Woods, and further claimed that she was suffering from retaliation in the form of a hostile work atmosphere. On April 28, 1988, plaintiff requested through her attorney that the hearing before the Review Committee be conducted as an open hearing. Also on April 28, plaintiff wrote to Dr. Deyoe, stating that she was unable to continue working in the present work environment in the office, and requesting a leave of absence without pay, in accordance with University policy. By letter dated April 29, 1988, Dr. Deyoe informed plaintiff that he did not believe the work environment prevented her from fully meeting the responsibilities of her position. Nonetheless, Dr. Deyoe granted plaintiff's request for a leave of absence and also reminded plaintiff that the appointment she was on at that time terminated on June 17, 1988. On May 5, 1988, the Review Committee, chaired by Professor Robin Higham, held an open hearing on plaintiff's complaint. At the hearing, plaintiff called Kim Hoffman, who had been an employee in the Grain Science Department from June 4, 1985 until May 19, 1986. Hoffman testified that during her employment as Charles Deyoe's secretary, she and Dr. Deyoe had had a conversation in which she had asked for time off to attend the Kansas Artificial Insemination School. During this conversation, Dr. Deyoe made joking comments about artificial insemination and said to her: \"I'm going to inseminate you.\" Hoffman also testified that June Bishop told Dr. Deyoe of Hoffman's distress over his comments, and that the next day Dr. Deyoe apologized to Hoffman that his comments had offended her. Hoffman also testified that Dr. Deyoe had asked her: \"What would you do if hit you on the butt,\" but that she had \"never really considered it a threat until [plaintiff] called her.\" (Defendants' statement of facts, \u00b6 18). Hoffman also testified that she had participated in telling jokes in the department and to Dr. Deyoe, some of which were sexually explicit. On May 11, 1988, the Discrimination Review Committee sent to President Jon Wefald the following findings and recommendations: *1484 1484 FINDINGS: The committee's findings are broken down into two categories: those relating to the complaint of sexual harassment, and those relating to the retaliation as a result of the filing of a sexual harassment complaint. I. Sexual harassment Complaint a. There is insufficient evidence to establish that the alleged 22 December 1987 incident actually occurred. b. Dr. Deyoe did on the occasions engage in impermissible language and inappropriate actions. Specifically, we concluded that: i. Dr. Deyoe used profanity and improper sexually-explicit language in the office. ii. Dr. Deyoe inappropriately made direct sexually-explicit statements to a former employee. iii. Dr. Deyoe inappropriately listened to sexual jokes related to him by a former employee. iv. Dr. Deyoe failed to discourage his office staff from using profanity and other offensive conversation within the working environment. II. Retaliation Complaint 3 Campbell v. Board of Regents 770 F. Supp. 1479 (D. Kan. 1991) There was hostility in the main office of the Department of Grain Science which accelerated with Mrs. Campbell's request for tuition payment and escalated much further after she filed a sexual harassment complaint against Dr. Deyoe. a. Dr. Deyoe would have been within his rights not to support Mrs. Campbell's tuition payment request. The remission of fees for classified employees is not a well established policy in the department, so his failure to act upon her request is not viewed as an act of retaliation for filing the sexual harassment complaint. b. Dr. Deyoe was within his prerogative to assign work to classified employees other than his administrative assistant, Mrs. Campbell. However, Dr. Deyoe showed insensitivity to the rights of an employee to file a sexual harassment complaint, but Mrs. Campbell was not sensitive either to Dr. Deyoe's needs. c. Dr. Deyoe failed to address the obvious escalating hostility developing among some of the classified employees working in the main office. There is no evidence that he took significant steps to remedy the problem. d. Mrs. Campbell was partly responsible for the growing hostility within the departmental office's working environment. She contributed by not cooperating with other office staff, and on more than one occasion, by accusing Dr. Deyoe of engaging in retaliatory behavior. e. Mrs. June Bishop, the office supervisor, shared the blame for the growing hostility within the Department because she discussed the case with another employee and made a derogatory remark about the complainant contrary to Dean Wood's direction 1. That Dr. Deyoe be counseled as to his behavior, language, and lack of sensitivity to the feeling of those around him. That within a suitable time the Dean review the situation in the department to see that the suggested corrective actions have taken place, and continue to monitor the situation until they have. We do not, however, recommend the removal of Dr. Deyoe from his position as Head of the Department. 2. Mrs. Campbell should have restored to her payment for the leave which she has felt forced to take since March 2 when she filed her suit and shall continue to be paid and remain on leave until her contract expires on June 17, 1988. 3. That the working environment in the main office of the Department of Grain Science and Industry be evaluated as soon as possible by an outside team under the auspices of the Affirmative Action Office. 4. That Mrs. June Bishop be admonished for expressing her opinion of the complainant in the sexual harassment charge with another member of the Department of Grain Science and Industry *1485 after being directed by Dean Woods not to discuss the charge. 1485 5. That to avoid the potential acceleration of tensions within the department or unit concerned as was evident in this case, the University's Affirmative Action Plan should be revised to provide a person who brings a complaint (or is named in a complaint) an option to be placed in another working environment until the matter is resolved. (Report of May 11, 1988 by the Discrimination Review Committee, Eht. 19 to Defendant Motion in Support, Doc. 25). 4 Campbell v. Board of Regents 770 F. Supp. 1479 (D. Kan. 1991) On June 3, 1988, Kansas State University President, Jon Wefald, concurred with the recommendations of the Discrimination Review Committee. President Wefald asked Dean Woods to carry out the recommendations and to inform him when all recommended action had been taken. By June 21, 1988, Dean Woods had carried out all of the recommendations of the Discrimination Review Committee and reported to President Wefald. On May 16, 1988, Dean Woods offered to move plaintiff to the Office of the Dean of Agriculture until June 17, 1988, the date on which plaintiff's appointment was to terminate. In this offer, Dean Woods described the work assignment and assured plaintiff that she would have three days of vacation restored and that her pay would remain the same. On May 19, 1988, plaintiff, through her attorney, declined the transfer to the Dean's Office. On June 16, 1988, Dean Walter Woods notified plaintiff that the University intended to offer her a one-year term appointment beginning June 18, 1988, as an administrative assistant in the Library. In his letter he asked her to contact Dr. Brice Hobrock, Dean of Libraries, who would prepare her contract and communicate the responsibilities of the position. By letter dated June 20, 1988 to Dr. Bobrock, plaintiff declined the offer for the position as administrative assistant in the Library. In this letter, plaintiff explained that she felt that the offer was \"tainted\" because of her sexual harassment complaint. Plaintiff stated that during the course of the interview, she was asked whether she would \"involve the staff in [her] hostilities because the committee had ruled against [her].\" Plaintiff also stated that she was asked whether she would use the position to enlist sympathy for her case. Finally, plaintiff expressed concern that the position was not the equivalent of her position at the Grain Science Department because the library position was funded for only one year. (Eht. 29 to Defendant's Motion in Support). Both Dean Woods and Dean Hobrock replied to plaintiff, assuring her that the position was an equivalent one-year appointment, and that the offer was not in any way \"tainted\" by her having brought a complaint of sexual harassment. On September 27, 1988, a referee for the Kansas Department of Human Resources concluded that plaintiff had \"failed or refused to accept suitable work without good cause.\" II. Discussion A. Sexual Harassment Unlawful employment practices under Title include discrimination based on sex that \"'has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.'\" Meritor Savings Bank v. Vinson, 477 U.S. 57, 65, 106 S.Ct. 2399, 2404-05, 91 L.Ed.2d 49 (1986) (quoting 29 C.F.R. \u00a7 1604.11(a)). For claims of sexual harassment based on a \"hostile work environment\" to be actionable, the harassment \"must be sufficiently severe or pervasive 'to alter the conditions of [the victim's] employment and create an abusive working environment.'\" Id. at 67, 106 S.Ct. at 2405 (quoting Henson v. Dundee, 682 F.2d 897 (11th Cir. 1982)). See also Ramsey v. City County of Denver, 907 F.2d 1004, 1011 (10th Cir. 1990); Hirschfeld v. New Mexico Corrections Dep't, 916 F.2d 572, 575 (10th Cir. 1990). Sexual harassment need not involve conduct that is explicitly sexual in nature, but may include \"'any harassment or other unequal treatment of an employee or group of employees that would not occur but for the sex of *1486 the employee or employees. . . .'\" Hicks v. Gates Rubber Co., 833 F.2d 1406, 1413, 1415 (10th Cir. 1987) (quoting McKinney v. Dole, 765 F.2d 1129, 1138 (D.C. Cir. 1985)). See also Laughinghouse v. Risser, 754 F. Supp. 836, 840 (D.Kan. 1990). Whether the challenged conduct rises to an actionable level is a fact-specific question that depends upon the totality of the circumstances. Hicks, 833 F.2d at 1413. 1486 5 Campbell v. Board of Regents 770 F. Supp. 1479 (D. Kan. 1991) Plaintiff relies on the following evidence to support her claim of a hostile work environment: Dr. Deyoe crowded plaintiff in her office space and made knee to knee contact with her that made her feel uncomfortable; he used obscenities in talking to her about others; he threatened plaintiff at least a half dozen times to slap her on the butt; on December 22, 1987, Dr. Deyoe slapped plaintiff on the butt after she had just delivered a message to him, and plaintiff made it clear that this conduct was unwelcome; in January 1988, Dr. Deyoe told plaintiff that he would hit her again but obviously she did not like it; Dr. Deyoe had previously threatened a former secretary, Kim Hoffman, that he would hit her on the butt and also threatened to inseminate her. (Doc. 28, at 9). 1 1 Plaintiff has made no averment that she was aware of Deyoe's actions toward his former secretary. Although the court must consider evidence of sexual harassment against persons other than the plaintiff in passing on a claim of hostile work environment sexual harassment, see Hicks, 833 F.2d at 1416, the past incidents related by Hoffman, of which plaintiff apparently had no knowledge, could not have contributed to the hostility that she perceived in the Department. Nonetheless, Hoffman's allegations of past sexual harassment from Deyoe are relevant to the credibility of Deyoe's denial of plaintiff's allegations. See Fed.R.Evid. 404(b). Defendants dispute that any of the alleged conduct of Dr. Deyoe \"had much to do with the fact that plaintiff is female.\" Doc. 25, at 19. The court cannot agree. Wherever else such conduct might be acceptable, a slap on the buttocks in the office setting has yet to replace the hand shake, and the court is confident that such conduct, when directed from a man towards a woman, occurs precisely and only because of the parties' respective gender. Defendants also contend that the alleged conduct does not constitute sexual harassment under Title as a matter of law. The court finds that plaintiff's allegations, although minimal, are sufficient to create an issue of fact regarding the existence of actionable sexual harassment. See Mahoney v. Driscoll, 727 F. Supp. 50, 52 (D.Mass. 1989) (allegations of threats on two occasions plus intimidating work environment sufficient to state claim). Finally, the defendant University challenges plaintiff's sexual harassment claim on the ground that it cannot be held accountable for the actions of Deyoe prima facia case of hostile work environment sexual harassment against an employer requires a showing of harassment by the employer itself or by an employee whose acts may be imputed to the employer under some agency theory. See Henson v. City of Dundee, 682 F.2d 897, 905 n. 9 (11th Cir. 1982); Halasi-Schmick v. City of Shawnee, 759 F. Supp. 747, 751 (D.Kan. 1991). There is no allegation that Dr. Deyoe was plaintiff's actual employer, and the University's liability must therefore be based on an agency theory. In Hicks v. Gates Rubber Co., 833 F.2d 1406, 1417-18 (10th Cir. 1987), the court examined three agency principles under Restatement (Second) of Agency \u00a7 219 (1958) as possible bases for subjecting an employer to liability for its agent's acts of sexual harassment: (1) acts within the scope of the agent's employment; (2) employer negligence or recklessness in failing to respond to complaints of sexual harassment; and (3) tortious acts within the scope of the agent's apparent authority, or acts whose accomplishment is aided by the existence of the agency relationship. Because the first of these is largely irrelevant to employer liability under Title VII, Hicks, 833 F.2d at 1418, the court examines plaintiff's claim under the second and third agency theories. 1. Employer Negligence or Recklessness In the context of claims of sexual harassment, employer negligence or recklessness *1487 \"is defined as 'failing to remedy or prevent a hostile or offensive work environment of which 1487 6 Campbell v. Board of Regents 770 F. Supp. 1479 (D. Kan. 1991) management-level employees knew, or in the exercise of reasonable care should have known.'\" Hirschfeld v. New Mexico Corrections Dep't, 916 F.2d 572, 577 (10th Cir. 1990) (quoting v. Hacienda Hotel, 881 F.2d 1504, 1516 (9th Cir. 1989)). Plaintiff alleges two separate sets of inaction on the part of the University that would expose the University to direct liability for its negligence or recklessness. See id. at 577 n. 5 (distinguishing between derivative liability under respondeat superior and direct liability for negligence or recklessness); Baker v. Weyerhaeuser Co., 903 F.2d 1342, 1346 (10th Cir. 1990). First, plaintiff contends that the University failed to act to remedy Deyoe's conduct prior to plaintiff's formal complaint of February 18, 1988. Second, plaintiff alleges that the University's response to her formal complaint was inadequate. The court addresses these allegations in turn. a. University Inaction Before Formal Complaint Plaintiff charges that the University was \"negligent or reckless in allowing Charles Deyoe to not only bully and threaten one secretary but to continue such behavior, including a physical attack on Carla Campbell.\" (Doc. 28, at 14). Although plaintiff did not file a formal complaint until February 18, 1988 which the University thereafter acted upon, the University may not escape liability by belatedly correcting an employee's harassing conduct when it might reasonably have been expected to take such corrective action earlier. See Baker, 903 F.2d at 1348 (employer who knew of previous harassing conduct should have fired known sex maniac earlier). Before defendant can be said to have negligently or recklessly \"allowed\" Deyoe to commit these acts, however, plaintiff must make some showing that defendant had knowledge of Deyoe's conduct. \"The employee can demonstrate that the employer knew of the harassment by showing that she complained to higher management of the harassment, or by showing the pervasiveness of the harassment, which gives rise to the inference of knowledge or constructive knowledge.\" Henson, 682 F.2d at 905 (citations omitted). See also Huddleston v. Roger Dean Chevrolet, Inc., 845 F.2d 900, 904 (11th Cir. 1988); Robinson v. Jacksonville Shipyards, Inc., 760 F. Supp. 1486, 1529 (M.D.Fla. 1991). There is only limited evidence that \u2014 prior to plaintiff's formal complaint brought on February 18, 1988 \u2014 University personnel other than plaintiff and Deyoe had any knowledge of Dr. Deyoe's alleged sexually harassing conduct: (1) plaintiff alleges that she told Deanna Selby and June Bishop, the office supervisor, of the December 22, 1987 incident the day after it occurred, and told Dr. Keith Benke of the incident during the week of January 25, 1988; (2) plaintiff also alleges that Kim Hoffman, the former secretary, had previously told June Bishop of Deyoe's conduct. Although plaintiff offers no evidence that any of these fellow employees had any management-level authority, plaintiff attaches an excerpt from the \"University's Policy Prohibiting Sexual Harassment.\" Under the heading OCCURRING?\" the Policy states: it is the obligation of supervisors and administrators to prevent sexual harassment from occurring or continuing. To that end, it is essential that administrators and supervisors become aware of the nature of sexual harassment and fully familiar with the University's \"Policy Prohibiting Sexual Harassment,\" and that they transmit this information to those faculty and staff in their areas of responsibility. (Eht. 1, Plaintiff's Memo in Opposition, Doc. 28) (emphasis added). Regardless of whether Selby, Benke, or Bishop can be *1488 considered management-level authority, the University's Policy indicates that supervisors such as Bishop, in addition to administrators, had the responsibility to respond to complaints of sexual 2 3 1488 7 Campbell v. Board of Regents 770 F. Supp. 1479 (D. Kan. 1991) harassment. Thus, an issue of fact exists regarding whether the University can be charged with knowledge of the incidents of harassment occurring before plaintiff filed her formal complaint. 2 The version of the University's Policy that is attached to defendant's motion in support contains no similar provision. See Doc. 23, Eht. 1 at p. 2, \u00b6\u00b6 A.1., A.2. 3 Defendants point out in their reply memorandum that plaintiff's deposition testimony disavowed any expectation of corrective action from Dr. Benke. (\"Attachment A\" to Doc. 29). According to this testimony, plaintiff told Dr. Benke of her complaint against Deyoe only with the expectation that he \"be a listener.\" Id. b. Inadequacy of University's Response The second manner in which the University is alleged to have been negligent is in its response to plaintiff's complaint. Remedial actions taken by an employer with knowledge of sexual harassment must be both prompt and \"'reasonably calculated to end the harassment. . . .'\" Sanchez v. City of Miami Beach, 720 F. Supp. 974, 981 (S.D.Fla. 1989) (quoting Katz v. Dole, 709 F.2d 251, 256 (4th Cir. 1983)). Plaintiff contends that the University \"knew\" what happened to her, but did nothing except hear her complaint. Plaintiff suggests several omissions on the part of the University: Dean Woods failed to reprimand Deyoe; Dean Woods should have offered to remove plaintiff to another University position away from Deyoe pending resolution of her complaint \u2014 which became the general University policy as a result of plaintiff's complaint; Dean Woods should have spoken to Kim Hoffman about the sexual abuse she allegedly suffered at the hands of Deyoe; Dean Woods should have given plaintiff the opportunity to discuss with him the information he had gathered from others before issuing his report; the Discrimination Review Committee failed to determine the facts based on the credibility of the witnesses; and the Committee \"should have anticipated opposing testimony and made provision to protect the complaining party rather than defend the alleged harasser.\" (Plaintiff's Opposition in Response, Doc. 28, at 17). The University's response to plaintiff's complaint was tempered by the fact that both Dean Jones and the Discrimination Committee found \"insufficient evidence\" to support plaintiff's allegation of the December 22 incident. See Swentek v. USAir, Inc., 830 F.2d 552, 558 (4th Cir. 1987) (employer is required to investigate but not necessarily credit plaintiff's allegations of sexual harassment). Nonetheless, Dean Jones sent a letter to Dr. Deyoe that admonished him to refrain from any action that might be perceived as sexually harassing or as retaliatory towards plaintiff for making the complaint, and to review the University's policy on sexual harassment. After conducting its own hearing at which plaintiff was allowed to present evidence and call witnesses, the Committee found specific instances of inappropriate conduct by Dr. Deyoe, recommended counseling for him, and charged Dean Jones with the responsibility to ensure that the recommended corrective action be implemented. Plaintiff presents no evidence of sexual harassment after the University responded. See Hirschfeld, 916 F.2d at 578 (important that no complaints followed after demotion of harasser). The comprehensiveness of the University's response weighs heavily in favor of a finding that the University promptly and effectively remedied plaintiff's allegations of harassment. The summary judgment motion, however, is rarely an appropriate vehicle for assessing the reasonableness of an employer's response to complaints of sexual harassment. Given this, plus the court's finding that other issues remain for trial, the court believes \"that the better course would be to proceed to a full trial.\" Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986). 8 Campbell v. Board of Regents 770 F. Supp. 1479 (D. Kan. 1991) 42 U.S.C. \u00a7 2000e-3(a prima facie case of retaliation in violation of Title requires that the plaintiff show: \"1) she engaged in protected opposition to discrimination or participation in a proceeding arising out of discrimination; 2) adverse action by the employer subsequent to the protected activity; and 3) a causal connection between the employee's activity and the adverse action.\" Archuleta v. Colorado Dep't of Institutions, 936 F.2d 483, 486 (10th Cir. 1991). Plaintiff's claim is based on activity falling within the \"opposition clause\" of the statute, which protects activity other than participation in hearings. See Allen v. Denver Public School Bd., 928 F.2d 978, 985 (10th Cir. 1991) (retaliation for filing grievance with teacher's association cognizable under \u00a7 704(a person who engages in activity protected under the opposition clause of \u00a7 704(a) need not prove that the discrimination she opposed actually occurred, but only that she had a good faith belief that Title had been violated. Love v. Re/Max of Am., Inc., 738 F.2d 383, 385 (10th Cir. 1984). See also Blizzard v. Newport News Redevelopment Housing Auth., 670 F. Supp. 1337, 1344 (E.D.Va. 1984) (although opposition clause requires reasonable belief, participation clause grants absolute privilege). Thus, plaintiff's lack of success on the original charge of discrimination does not defeat a claim of retaliation under \u00a7 704(a). Archuleta, 936 F.2d at 486-87. 2. Acts Aided by Existence of Agency Relationship Under \u00a7 219(2)(d) of the Restatement (Second) of Agency, a principal will be liable for the acts of his servant if \"the servant purported to act or to speak on behalf of the principal and there was *1489 reliance upon apparent authority, or he was aided in accomplishing the tort by the existence of the agency relation.\" (emphasis added). In Hirschfeld v. New Mexico Corrections Dep't, 916 F.2d 572, 579 (10th Cir. 1990), the court held that Title employer liability may not be based upon \u00a7 219(2)(d) of the Restatement where the wrongdoer had no supervisory authority over plaintiff. In this case, however, it is undisputed that Deyoe was the direct supervisor of plaintiff, and viewing matters in a light most favorable to plaintiff the court cannot say that Deyoe did not invoke his supervisory authority \"in order to facilitate his harassment of plaintiff.\" 916 F.2d at 579. Thus, the court concludes that \u00a7 219(2)(d) is also a potentially viable theory for imposing liability on the University for Deyoe's actions. 1489 B. Retaliation Defendants move for summary judgment on plaintiff's claim of retaliation in violation of Title VII. Plaintiff contends that in retaliation for filing her complaint with the University, and later with the EEOC, she suffered several adverse employment actions at the hands of defendants: she was forced to continue working with her harasser; Deyoe and Bishop refused to communicate with her, making her job difficult and ultimately forcing her to request a leave of absence without pay; she was told by Deyoe that her contract with the University terminated in June 1988; and she was offered an inferior temporary position in the Library. Retaliation against an employee who engages in activity protected under Title is made unlawful under \u00a7 704(a) of Title VII, which provides in part: It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, . . . because he has opposed any practice made an unlawful employment practice by this, or because he has made a charge, testified, asserted, or participated in any manner in an investigation, proceeding, or hearing under this title. Defendants argue that plaintiff's claims of retaliation are not cognizable under Title because no economically adverse employment 9 Campbell v. Board of Regents 770 F. Supp. 1479 (D. Kan. 1991) action was taken against her. Defendants characterize plaintiff's grievances as nothing more than petty miscommunications and minor annoyances that indicate, at most, Deyoe's uncomfortableness in working with plaintiff after she filed her complaint. In Drez v. E.R. Squibb Sons, Inc., 674 F. Supp. 1432, 1436-39 (D.Kan. 1987), Judge Saffels ruled that a plaintiff sustaining no economic injury from job harassment nonetheless has a claim under the ADEA's anti-retaliation provision, if the retaliatory harassment was sufficiently severe under *1490 the \"hostile work environment\" standard of Vinson. See also Curl v. Reavis, 740 F.2d 1323, 1329 n. 5 (4th Cir. 1984) (filing of charge may well engender disruption in work place, but Congress elected to protect such persons from retaliation). The court need not decide whether this might applying equally to Title retaliation, however, because plaintiff also alleges that the office hostility became sufficiently severe to prompt her to request leave without pay, and that Deyoe refused to renew her contract in retaliation for her complaint. Thus, the allegations state adverse economic employment actions of a type prohibited by Title VII. 1490 C. Discharge Plaintiff alleges that she was either terminated or constructively discharged for making her complaint. Defendant challenges both of these claims, which the court addresses in turn. 1. Actual Discharge Although plaintiff's contract expired on June 17, 1988, plaintiff contends that she was effectively terminated from a position that would have continued had she not brought a harassment complaint against Dr. Deyoe. Defendant relies on language in plaintiff's contract, which states: \"It is understood that this appointment carries with it no expectation of continuing employment and no consideration for tenure, and that the standards of notice of non-reappointment do not apply.\" (Eht. 7 to Defendant's Motion in Support, Doc. 25). Defendant argues that by virtue of this contractual provision, the University was not obligated to reappoint plaintiff as an administrative assistant. Be that as it may, plaintiff has alleged that the decision not to reappoint her was motivated, in part or in whole, by her complaint against Deyoe. Notwithstanding the absence of any contractual \"obligation\" on the part of defendants to reappoint plaintiff, or even of an expectation of employment rising to the level of a property interest protected by due process, \u00a7 704(a) prohibits an employer from taking retaliatory adverse employment actions against \"any of his employees or applicants for employment, . . . .\" (emphasis added). Proof of a causal connection between plaintiff's protected activity and the University's failure to reappoint her would constitute a violation of a statutory duty that may not be avoided by contract. 2. Constructive Discharge Alternatively, plaintiff claims that the hostile working environment, the failure to reappoint her to her previous position, and the offer an inferior employment position led to her constructive discharge from the University. \"[T]he question on which constructive discharge cases turn is simply whether the employer by its illegal discriminatory acts has made working conditions so difficult that a reasonable person in the employee's position would feel compelled to resign.\" Derr v. Gulf Oil Corp., 796 F.2d 340, 344 (10th Cir. 1986). See also Ramsey v. City County of Denver, 907 F.2d 1004, 1010 (10th Cir. 1990); Spulak v Mart Corp., 894 F.2d 1150, 1154 (10th Cir. 1990). Defendant contends that it was unreasonable for plaintiff to refuse the offer to work in the Library, and that in any event plaintiff had told her counselor in May 12, 1988 that she did not intend to work at the University again. The court finds that material issues of fact exist regarding whether defendants' alleged discriminatory and retaliatory acts made plaintiff's 10 Campbell v. Board of Regents 770 F. Supp. 1479 (D. Kan. 1991) working conditions so difficult that she reasonably felt compelled to request leave and subsequently refused any further employment at the University. The court also finds that the statement to plaintiff's counselor only presents an issue of fact regarding whether plaintiff herself or the University's alleged retaliatory actions were the cause of her loss of employment at the University. See Unified School Dist. No. 457 v. Phifer, 729 F. Supp. 1298, 1304 (D.Kan. 1990) (plaintiff's resignation defeated liberty interest claim). Defendants' motion on the constructive discharge claim will therefore be denied. *1491 1491 D. Due Process Plaintiff argues that she had a continued right to employment at the University protected by procedural safeguards of due process that were not observed in her case.4 4 Although not addressed by the parties, the court notes that plaintiff's due process claim directly against Kansas State University, pursuant to 42 U.S.C. \u00a7 1983, is barred by the eleventh amendment. Edelman v. Jordan, 415 U.S. 651, 677, 94 S.Ct. 1347, 1362, 39 L.Ed.2d 662 (1974); Quern v. Jordan, 440 U.S. 332, 338-40, 99 S.Ct. 1139, 1143-45, 59 L.Ed.2d 358 (1979); Alabama v. Pugh, 438 U.S. 781, 98 S.Ct. 3057, 57 L.Ed.2d 1114 (1978) (per curiam); Billings v. Wichita State Univ., 557 F. Supp. 1348, 1350 (D.Kan. 1983). The University also enjoys eleventh amendment immunity from plaintiff's pendent state claims. Pennhurst State School Hosp. v. Halderman, 465 U.S. 89, 120-21, 104 S.Ct. 900, 918-19, 79 L.Ed.2d 67 (1984). Nonetheless, the court considers the due process claims against Deyoe and Bishop to be claims against them in their individual capacity for their actions taken under color of state law. See Kentucky v. Graham, 473 U.S. 159, 165-67, 105 S.Ct. 3099, 3104-06, 87 L.Ed.2d 114 (1985). Property interests within the procedural guaranties of the fourteenth amendment are not created by that provision, but rather derive from independent sources such as state law. Cleveland Bd. of Education v. Loudermill, 470 U.S. 532, 538, 105 S.Ct. 1487, 1491, 84 L.Ed.2d 494 (1985). \"Property interests 'arise from sources such as state statutes, local ordinances, established rules, or mutually explicit understandings.'\" Abercrombie v. City of Catoosa, 896 F.2d 1228, 1231 (10th Cir. 1990) (quoting Dickeson v. Quarberg, 844 F.2d 1435, 1437 (10th Cir. 1988)). In Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972), the Court found no procedurally protected property interest for a non-tenured University teacher under a fixed term of employment. Because \"the terms of [the teacher's] appointment secured absolutely no interest in reemployment,\" nor \"was there any state statute or University rule or policy that secured his interest in re-employment or that created any legitimate claim to it,\" the teacher had no property interest requiring any hearing. Id. 408 U.S. at 578, 92 S.Ct. at 2710. Plaintiff presents the court with nothing more than a unilateral expectation of continued employment that has no basis in state law or University policy. See Roth, 408 U.S. at 577, 92 S.Ct. at 2709 (plaintiff must have more than abstract need or unilateral expectation). Plaintiff apparently attempts to construct an implied contract of continued employment from the University's past practice. Although \"agreements implied from 'the promisor's words and conduct in the light of the surrounding circumstances'\" can be sources of property interests, Perry v. Sindermann, 408 U.S. 593, 601-02, 92 S.Ct. 2694, 2700, 33 L.Ed.2d 570 (1972), \"[a] property interest . . . cannot be inferred from a consistent practice without some basis in state law.\" Regents of University of Michigan v. Ewing, 474 U.S. 214, 223 n. 9, 106 S.Ct. 507, 512 n. 9, 88 L.Ed.2d 523 (1985). See 11 Campbell v. Board of Regents 770 F. Supp. 1479 (D. Kan. 1991) also Logan v. Zimmerman Brush Co., 455 U.S. 422, 430, 102 S.Ct. 1148, 1154-55, 71 L.Ed.2d 265 (1982). In the absence of controlling contractual provisions, Kansas law allows for the creation of implied contracts of employment under certain conditions. See Enstrom v. Beech Aircraft Corp., 712 F. Supp. 841, 851-52 (D.Kan. 1989). In this case, however, the express terms of plaintiff's contract foreclose such an argument. \"In determining the rights which occur under an employment contract, the entitlement thereto or eligibility therefor, the terms of the contract control so long as they are not unreasonable or illegal.\" Weinzirl v. Wells Group, Inc., 234 Kan. 1016, 1019, 677 P.2d 1004 (1984). Plaintiff's contract of employment expressly states that her appointment was to terminate on June 17, 1988, and that it carried with it no expectation of continued employment. Cf. Morriss v. Coleman Co., 241 Kan. 501, 514, 738 P.2d 841, 849 (1987) (express disclaimer in employee handbook does not preclude finding of implied contract of employment). Thus, although plaintiff may have had a desire or expectation of continued employment, this expectation carried no claim of legitimacy entitling it to the protections of due process. See Hullman v. Board of *1492 Trustees of Pratt Community College, 725 F. Supp. 1536, 1548 (D.Kan. 1989) (\"Serial reemployment pursuant to one-year contracts does not establish a legitimate expectation in continued employment.\"). 1492 that defendants' motion for summary judgment (Doe. 24) on plaintiff's claim of sexual harassment, retaliation, and constructive discharge be denied that defendants' motion for summary judgment (Doe. 24) on plaintiff's due process claim be granted. 12 Campbell v. Board of Regents 770 F. Supp. 1479 (D. Kan. 1991)"} |
8,178 | Scott Lank | University of Evansville | [
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The lawsuit also accused the university and two administrators of failing to respond adequately to those accusations. In court documents, Lank and the university have denied any wrongdoing. The university said it is working with the Institutional Response Group at Cozen O'Connor, a Philadelphia-based law firm, to prevent \u201cfurther occurrences of unacceptable behavior by any member of our university community.\u201d Support independent journalism today. You rely on to stay informed, and we depend on you to make our work possible. Donate to power our nonprofit reporting today. Give now. Related News Education / March 14, 2025 Notre Dame among universities under investigation as part of Trump's anti crackdown The schools under scrutiny also include dozens of state schools and two Ivy Leagues. Read More Education / March 13, 2025 Indiana charter school board director is out. He says not by choice James Betley served as the board's executive director and general counsel for nearly a decade. The director at Trine University's Education One was picked to replace him. Read More Education / March 11, 2025 U.S. Education Department says it is cutting nearly half of all staff More than 1,300 positions will be cut as a result of this reduction in force. Roughly another 600 employees have accepted voluntary resignations or retired. 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We can't do it without you. hey", "8178_102.pdf": "settles sexual, racial harassment lawsuit against fired theatre professor Published 11:54 a.m June 11, 2019 Updated 4:10 p.m June 11, 2019 EVANSVILLE, Ind settlement has been reached in a lawsuit accusing former University of Evansville theatre professor R. Scott Lank of sexually harassing a student. The proposed settlement has not yet been filed in court, and details were not available federal magistrate gave the student's attorney 30 days from May 30 to file an order dismissing the lawsuit. Former student Alexis Seay filed the lawsuit in U.S. District Court in August 2018 accusing R. Scott Lank, a tenured professor at the school, of racial and sexual harassment, including unwanted touching and comments. Lank was subsequently fired by the university. He had denied Seay's accusations in earlier court filings. An attorney representing Lank declined to comment on the settlement. Previous coverage: Lawsuit officials failed to act on student's harassment complaints against professor Louisville attorney Lindsay Cordes, who represents Seay, did not return a call seeking comment. And the University of Evansville declined to comment. Mark Wilson Evansville Shortly before the settlement was reached, the university filed a court record in which it acknowledged Lank \"engaged in a pattern of unacceptable behavior in the presence of students, including behavior that was patently offensive and contrary to the University of Evansville's values.\" In the same court record also admitted that Seay was not the first student to make a complaint regarding inappropriate conduct by Lank, according to court records. However denied Lank previously had been disciplined for inappropriate behavior with a female student in 2001 and that the school knew other students claimed sexual harassment by Lank but were scared to come forward because they feared retaliation in 2001. In the same court record also denied that it was aware of theatre department faculty engaging in sexual activities with students in the past. Seay's complaint accused Lank of harassing her beginning in the fall of 2016 during her freshman year. It reportedly continued until this February when Seay felt she had no choice but to leave the school, according to the lawsuit. According to the lawsuit, Seay began documenting Lank's alleged behaviors and reported it to the university in January 2017. The lawsuit was filed in federal court because the university was accused of violating Title of the Educational Amendments of 1972 \u2014 additions to the landmark 1964 federal Civil Rights Act \u2014 prohibiting gender discrimination in educational programs and activities receiving federal assistance. It also accuses of violating Title which prohibits racial discrimination. More News: Supporters of radio continue fight against UE's sale More News: University of Evansville student says Dion should be removed from local government role", "8178_103.pdf": "University of Evansville professor is on administrative leave after a student filed a lawsuit accusing him of harassment student filed a case in District Court for Southern District of Indiana in August, claiming professor R. Scott Lank harassed her on several occasions. This week, the university filed a legal response. The case filed by the Alexis Seay in August accuses Lank of making inappropriate racial and sexual comments, and touching Seay\u2019s hair on multiple occasions. Lank filed a legal response denying the accusations. Eyewitness News reached out to the University and its attorneys. In a statement, they said \u201cProfessor Lank was relieved of his responsibilities and placed on administrative leave for the 2018 fall semester. Professor Lank\u2019s employment status, beyond the 2018 fall semester, is subject to ongoing review.\u201d The case also names the University of Evansville, former university president Dr. Thomas Kazee, and assistant vice president of academic affairs Dr. Tracey Folden as defendants. It accuses them of Title and violations for doing nothing after the victim reported harassment. In the legal response filed Monday, the university denies any violations, claiming it followed policies for reporting and addressing discrimination and harassment. Seay\u2019s attorney Lindsay Cordes disagrees. \u201cAfter the University\u2019s response and their motion to dismiss, we believe they were on notice well before this litigation started and they should\u2019ve immediately taken remedial action.\u201d The next step in the case is a status conference know they\u2019ve recently commented that they\u2019re relieved him of his duties and we believe that\u2019s a step in the right direction, but it doesn\u2019t bring much solace to my client and it\u2019s certainly not a defense to their claim,\u201d says Cordes professor on leave after harassment lawsuit Posted: Nov 1, 2018 / 11:42 Updated: Nov 1, 2018 / 11:42 The University told Eyewitness News that it is school policy not to comment on pending litigation. Lank is still listed on the University\u2019s faculty and staff website. This is a developing story and we will continue to bring you updates as the case moves forward. Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. For the latest breaking news and stories from across the Tri-State, follow Eyewitness News on Facebook and Twitter. (This story was originally published on November 01, 2018)", "8178_104.pdf": "University of Evansville Federal Lawsuit continuing coverage of a federal lawsuit against the University of Evansville and former theater professor Scott Lank for alleged racial and sexual harassment. Harassment Suit Against Dismissed. What Does It Mean | By Isaiah Seibert Published July 5, 2019 at 7:39 \u2022 15:30 Isaiah Seibert Last summer, Alexis Seay, a former University of Evansville student, filed a complaint in federal court alleging that she was racially and sexually harassed by a theatre professor. Classical Noyes That professor, Scott Lank, was fired, and the lawsuit was dismissed earlier this week after the parties reached a settlement MORE: Former Student Accuses Professor Of Harassment Seay's lawyer didn't respond to calls about the settlement, and a spokeswoman gave a terse comment. \"The University considers the matter resolved and has no further comment at this time,\" she wrote in an email. To learn more about how harassment suits often end, WNIN\u2019s Isaiah Seibert spoke with a law professor who wrote a textbook on this type of case lightly edited transcript of the conversation appears below. SEIBERT: I'm here with Jennifer Drobac. She's a professor at the Indiana University McKinney School of Law and an expert on sexual harassment law. Thanks for chatting with me. DROBAC: Happy to be with you. SEIBERT: We're talking about a lawsuit against the University of Evansville and one of its former professors. The lawsuit claims Title and Title violations. Could you explain briefly what those are and what it means for someone to make this type of complaint against a university? DROBAC: Okay, so let's go back to 1964, the civil rights movement. You get the 1964 Civil Rights Act. Title and Title VII, which deals with employment, were part of that. Title prohibits discrimination on the basis of race, regarding a program that receives federal funds. Fast forward to 1972, and you get the Educational Amendments and Title IX, which prohibits discrimination in a federally funded education program. So the combination of Title and Title means that someone cannot be discriminated on the basis of race or sex. By the way, Title does cover discrimination on the basis of race as well, but by combining the two, you get an extra push saying there have been gross civil rights Classical Noyes violations. SEIBERT: This complaint alleged Title and Title violations. You said that there's something special about this complaint, right? DROBAC: Yes, this complaint is unusual in that most complaints are signed by lawyers who are operating on behalf of their clients. This one was of course signed by the plaintiff's lawyer, but it was also what we call verified by the target woman herself. That is, Alexis signed this verification. She got before a notary. She signed under penalty of perjury that she believed that the allegations in the complaint were true. That's really unusual, and tell my law students that you want to do that as a lawyer because in many jurisdictions, when you have a verified complaint, the defense has to file a verified answer. That means they need to get up there and swear under penalty of perjury that their denial is true. It's really important that if you get a university that is denying that any of these behaviors occurred, that anyone complained, that they didn't behave inappropriately as an institution, they're swearing under penalty of perjury that that is all true. It's unusual to see that in a lawsuit. You're seeing it in this lawsuit, which means that the plaintiff target woman is really serious and that the plaintiff's counsel has done their homework. SEIBERT: It's unusual, you said, that there was this verification of the complaint. Was it unusual that it didn't go to trial, or do these cases often not make it to trial at all? DROBAC: These cases often don't go to trial. And I'll tell you, the cases that do go to trial, they often go to trial for typically two reasons. Either the lawyers have no control over their outrageous clients, who for what ever reason think they're going to be vindicated in court whether or not that's true, or the case isn't that strong and they're not offered a good amount to settle. If it's a really good case, in my experience, it settles because the party that's engaged in inappropriate conduct doesn't want all the details and evidence coming out to further undermine its reputation in the community. SEIBERT: Court documents say the parties in the lawsuits reached a settlement. What often is a part of settlement in these cases? Donate Classical Noyes DROBAC: Often in a settlement, the parties will deny any liability. That's very common. In this particular instance, it would be common that the University of Evansville would not admit to any liability, any wrongdoing on its part. And that's part of what you get when you agree to settle. You just agree that everyone is going to walk away and no one will admit liability, which can be a frustration for the plaintiffs, but often it's better than having to go through the trauma of a trial. Often you'll also see a non-disclosure agreement, also called a gag order, meaning the only thing that the parties can say is, \"We've resolved this case to the satisfaction of all parties.\" Which means can't talk about this because the settlement agreements says can't talk about this.\" You never find out of money exchanged hands, but money may not be the only thing that exchanges hands. In a case that prosecuted on behalf of a graduate student against Stanford University, there was certainly a desire on the part of my client to have changes to the Stanford complaint process, investigation process, etc plaintiff can ask for process changes, can ask for an injunction, can ask for an apology, which my clients typically did because especially if a defendant is not going to admit liability, getting some sort of apology or some sort of acknowledgement can be really important for someone who's been traumatized have two follow-up questions to that. First, you mention that sometimes money does exchange hands. What's the average amount of money changing hands in these cases? DROBAC: It changes based on your geographic location, the history of problems in the area. Many years ago when was prosecuting these cases, it was a general rule of practice that if you had someone who was a potentially high earner ... most of the time when you have an offensive touching of an intimate body part, that immediately puts you into a six-figure number, so $100,000 or more. In the first four years of my practice in the 1990's, now that's years and years ago had a number of cases settled for half a million dollars or more. Those are going to be cases of egregious sexual assault, touching of intimate body parts, the breast, the buttocks, the lips of the face. With a case of offensive touching rather than just banter at the coffee maker or crude props or jokes, whenever there's an intimate touching Classical Noyes that's offensive, that will also increase the value of a case so you'll get into much larger sums would say that with this case, if, again if, the allegations were true, that would put you into a more valuable case because there are allegations here that this professor was touching her hair. Now that's not considered an intimate body part, but when somebody does something over and over and over again and there have been multiple complaints, that also tends to increase the settlement value of a case. SEIBERT: Does this money often come from the institution, the professor, or a combination of both? DROBAC: That's a good question. Under Title and other anti-discrimination laws, typically you are not suing the perpetrator. You're typically suing the employer or the educational institution, in this case the University of Evansville. Interestingly did not see an Indiana Civil Rights Act charge in the complaint, and that's because under the Indiana Civil Rights Law, the employer or responsible party has to agree in writing to be sued. Right saw your face there ... It's shocking. It's shocking that the Indiana Civil Rights Act requires that an employer, responsible body for maintaining a safe environment, has to agree in writing. How many employers are going to do that? None. In essence, Indiana doesn't have a Civil Rights Act with respect to sexual harassment. You really have to rely on federal law and what we call common law. California, on the other hand, has a state law that protects both workers and students, and there are opportunities to sue the alleged perpetrator, which think most Hoosiers think, and maybe I'm going out on a limb but don't think so, most people think that whoever engages in a bad act should be held personally responsible. Personal responsibility for your behavior, good or bad. In this case, you're not going to see it. She has to sue the University of Evansville. Quite frankly was a little surprised to see the professor involved in the lawsuit and to see the Title coordinator involved. Those were unusual, and you do that think, to make a point \u2014 to say, \"I'm including you as defendants because you've engaged in wrongful and inappropriate conduct as well.\" When read the complaint also thought that some Classical Noyes of the people in this Title office were themselves victims, if the allegations are true of course. SEIBERT: You mentioned that when you were involved in these cases in California, some of your clients would want to look into changing the process of Title investigations. How often are these structural or policy changes at universities a part of these settlements? DROBAC: It depends. If somebody has a good policy or procedure and the group discover that there's a bad actor in the barrel if you will, there's no need for policy changes or procedural changes. But when problems like this percolate up, that suggests that there may be problems with the policies and procedures. For example, you'll see that institutions don't publish where students or workers can go to complain. They don't provide telephone numbers or contact names or locations where you can find these people. Or maybe they have a workforce that speaks predominantly another language and all of the materials describing the prohibitions are in English. For example, there was a case in Indiana where they had literature regarding anti-sexual harassment but it was all in legalese tell my students, \"Don't write like that. Write for people so that they can read it and understand it.\" It just so happens that this employer happened to be hiring mostly teenagers, who would be especially inexperienced in reading the legalese of their civil rights. The employers have to make sure they have policies and procedures, and they will often make changes because to be fair and balanced about this, most employers or educational institutions, they don't want to have a problem on their campus. They want all their students and teachers and everyone to be happy. While they are afraid of liability and sometimes don't engage in remedial efforts the way they should, you will often see that they will want to review policies and procedures to make sure these things don't happen in the future. SEIBERT: That was the end of my questions. Is there anything else you want to mention that we didn't get a chance to touch on? DROBAC: Yeah think it's really a problem when it becomes clear, and read this and so I'm assuming it's true, just taking the allegations in the complaint to be true for the moment, that there was this discussion of a tenured professor, and that it's hard to fire a Classical Noyes Stay Connected \u00a9 2025 Contact Us Public File Location File tenured professor think that your listeners should know that tenured professors are not above the law. No one is above the law, not even the president of the United States. When credible allegations of sexual assault or sexual harassment come up, we do need investigation and remediation and consequences for the behavior, if it's determined to have occurred, against the perpetrators tenured professor can be fired for cause. Sexual harassment or sexual assault or, heaven forbid, rape are absolutely reasons that you could fire a tenured professor. Universities and colleges have to step and make sure that their tenured or tenure-track faculty are held responsible for any inappropriate behavior. SEIBERT: Jennifer Drobac, professor at the Indiana University McKinney School of Law, thank you for shedding some light on this case. DROBAC: It's really my pleasure. Nice to meet you. Tags Local News University of Evansville Title title sexual harassment Classical Noyes Donate Now Facebook Twitter Classical Noyes", "8178_105.pdf": "Home \ue803Faculty \ue803Former Evansville Student Files Sex Abuse Case Against Ex-Coach former University of Evansville (UE) student who has chosen the alias Jane Doe filed a federal lawsuit on Monday against the school. She alleged that she was sexually assaulted by Walter McCarty, a former men\u2019s basketball coach, and that the university failed to provide a safe environment for her. The lawsuit has been filed by Attorney Michelle Simpson Tuegel, known for representing victims of sexual abuse in several high-profile cases including against the Olympic Committee and convicted rapist and former doctor Larry Nassar, as well as Michigan State University. Multiple Allegations of Sexual Assault According to the Courier & Press, attorneys described Doe as a former athletic trainer at the university. She claimed McCarty sent her inappropriate messages on multiple platforms and pressured her to visit his home. Doe added that she visited McCarty\u2019s residence on December 9, 2019, where McCarty grabbed and sexually assaulted her, touching her breasts and Former Evansville Student Files Sex Abuse Case Against Ex-Coach By Marianne Besas April 13, 2021 \ue809 buttocks, and digitally penetrating her. The lawsuit alleges that multiple reports regarding McCarty\u2019s inappropriate behavior with a number of women were filed after he was hired in March 2018 am heartbroken that my school knew about Coach McCarty\u2019s misconduct before what happened to me, and looked the other way,\u201d Doe said in a news release about the lawsuit will continue to go through this difficult process of holding the university accountable, because want to prevent other women from going through the same thing did.\u201d McCarty refuted the allegations against him, stating to The Courier Press that they are \u201cuntrue\u201d and that the evidence will \u201cpresent itself that it\u2019s a totally fabricated story.\u201d \u201cI\u2019ve never assaulted anyone in my 47 years on this earth. It\u2019s disheartening that someone would make up a lie to gain financial rewards,\u201d he said. Evansville \u2018Responded Appropriately also disputed Doe\u2019s claims, saying that officials had responded to each report sufficiently. \u201cThe University is confident it responded appropriately to all reports of misconduct regarding Mr. McCarty based on information it actually knew at the time; the University is similarly confident it responded reasonably to Jane Doe\u2019s report,\u201d the university said. The Courier Press reported on a similar case in 2018. Former student Alexis Seay accused tenured theater professor Scott Lank, of racial and sexual harassment. This included unwanted touching and comments. These alleged transgressions took place while school officials, she claimed, did nothing about her complaints. \ue809", "8178_106.pdf": "Univ. of Evansville Settles Sexual, Racial Harassment Lawsuit Against Ex- Professor The school admitted that the allegations, which were made by a student, were not the first accusations of inappropriate behavior against the professor. Published: June 18, 2019 Author: Amy Rock \uf09a \uf099 \uf08c \uf0e0 The University of Evansville reached a settlement in a federal lawsuit accusing a former theater professor of sexually harassing a student. R. Scott Lank was fired by the Indiana school after former student Alexis Seay filed a lawsuit in August 2018, accusing the tenured professor of sexual and racial harassment, including unwanted touching and comments, reports The Indiana Lawyer \uf002 Trending Texas Tech Explosion Causes Multiple Fires, Power Outages Brown Univ. Professor Deported for Supporting Hezbollah 2 Fort Lauderdale: High School Stud \uf002 Follow Us \ue093 \ue09a \ue09d \ue094 \ue0a3 Emerald Media Network Advertise Campus Safety Conference This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Privacy Policy Cookie Preference Center Accept All Cookies Seay accused Lank of harassing her starting in Fall 2016. It allegedly continued until this past winter when Seay felt she had no choice but to leave the school, according to the lawsuit. Seay started documenting Lank\u2019s alleged behavior and reported it to the school in January 2017 BELOW\u2014\u2014 Get the latest industry news and research delivered directly to your inbox each week! Email* By clicking Sign Up above, you agree to the Emerald Privacy Policy and Terms of Use. Sign Up In a separate incident mentioned in the suit, Seay claimed she reported a sexual assault by a student resident assistant to a university official in February 2017, but the official did nothing The lawsuit included accusations that the school violated Title IX, which prohibits gender discrimination, and Title VI, which prohibits racial discrimination. Just before the settlement was reached, the university filed a court record in which it acknowledged Lank \u201cengaged in a pattern of unacceptable behavior in the presence of students, including behavior that was patently offensive and contrary to the University of Evansville\u2019s values.\u201d The school also admitted Seay was not the first student to make a complaint against Lank regarding inappropriate conduct, according to Courier & Press. The school did deny, however, claims that Lank had been previously disciplined in 2001 for inappropriate behavior with a female student and that it knew other students claimed sexual harassment by Lank but were scared to come forward for fear of retaliation. The school also denied it was aware of faculty from the theatre department engaging in sexual activities with students in the past. Details of the proposed settlement are not available as it has not yet been filed in court. Both Lank\u2019s attorney and the school declined to comment. Posted in: News Tagged with: Lawsuits, Race, Sexual Harassment, Title IX, Title Spotlight on West 2025 West 2025: Hanwha Vision to Showcase Solutions Improving Situational Awareness, Response Times This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Privacy Policy Organizational Effectiveness Expert Dave Minionis to Keynote 2025 Campus Safety Conference Keeping Your Campus Connected and Protected Campus Safety Conference Registration and Agenda are Now West 2025 Spotlight Sponsors Related Posts Shooting at Michigan Hospital Leads to Lockdown; Suspect in Custody UPDATE: Reported Cases of Measles in Texas Grows to 309 Fort Lauderdale: 2 Dillard High School Students Attack Teacher This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Privacy Policy Pregnant Attacked by Juvenile Patient in Akron Children\u2019s Hospital Contact Us Emerald Expositions 31910 Del Obispo, Suite 200 San Juan Capistrano 92675 Phone: 800-440-2139 Customer Service: 774-505-8058 Social: \ue093 \ue09a \ue09d \ue094 \ue0a3 General News Insights Resources Awards Podcasts Sponsored Press Releases Topics View All Posts \u00bb Active Assailant Clery / Title Emergency Management Hospital Security Mental Health Public Safety School Safety Security Technology Facilities Management University Security Awards Campus Safety Awards Director of the Year Awards About Us About Us Editorial Team Advertise with Us Get the latest industry news and research delivered directly to your inbox each week! Email* By clicking Sign Up above, you agree to the Emerald Privacy Policy and Terms of Use. Sign Up This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Privacy Policy \u00a9 2025 Emerald X, LLC. All Rights Reserved Contact Us Emerald Expositions 31910 Del Obispo, Suite 200 San Juan Capistrano 92675 Phone: 800-440-2139 Customer Service: 774-505-8058 \ue093 \ue09a \ue09d \ue094 \ue0a3 General News Insights Resources Awards Podcasts Sponsored Press Releases Topics View All Posts \u00bb Active Assailant Clery / Title Emergency Management Hospital Security Mental Health Public Safety School Safety Security Technology Facilities Management University Security Resources Campus Safety Awards Director of the Year Awards About Us About Us Editorial Team Advertise with Us This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Privacy Policy", "8178_107.pdf": "EVANSVILLE, Ind. (AP) \u2014 The University of Evansville has reached a settlement in a federal lawsuit accusing a former theater professor of sexually harassing a student. Former university student Alexis Seay filed the lawsuit last year, accusing R. Scott Lank of racial and sexual harassment, including unwanted touching and comments. The tenured professor was subsequently fired by the school. An attorney representing Lank declined to comment on the settlement. Lank had denied Seay\u2019s accusations in earlier court filings. The Evansville Courier & Press reports the proposed settlement has not yet been filed in court federal magistrate gave Seay\u2019s attorney 30 days from May 30 to file an order dismissing the lawsuit. The lawsuit included accusations that the school violated Title provisions barring gender discrimination in educational programs and activities receiving federal assistance. ___ Information from: Evansville Courier & Press, University of Evansville settles suit over former professor Updated 9:41 EDT, June 15, 2019 Share"} |
8,341 | Roy Shick | University of Washington | [
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As Sophie Gilbert states in her recent article in The Atlantic New Film Reveals How Larry Nassar Benefited From a Culture of Silence,\u201d Nassar \u201cdid benefit from a culture that closed ranks around him and defended him long after he\u2019d been exposed\u201d\u2014including by officials at Michigan State University. But it is not only high-profile cases that should outrage us and call for systematic reforms. There is a steady, almost weekly, string of news stories about sexual assaults on our college campuses and the egregious university culture of si\u2010 lence\u2014the silence and silencing (and further abuse) of sur\u2010 vivors. Such silencing is not, as is often cited as an excuse, to protect the safety and reputations of the survivors and the perpetrators of abuse. Such silencing is first and foremost to protect the reputations of the universities in order to keep those private and corporate donations pouring in. More peo\u2010 ple need to understand this. More journalists need to call it out recent and close to home sexual assault (and university si\u2010 lencing) was exposed this week by Seattle Times reporter Asia Fields. In her June 12th article finds star athlete\u2019s sexual assault allegation credible, but athletic executive qui\u2010 etly moved on,\u201d Fields tells of the 2017 sexual assault of Cassandra Strickland, a female University of Washington un\u2010 dergraduate student and volleyball player by senior as\u2010 sociate athletic director Roy Shick and the university\u2019s han\u2010 dling of the assault investigation. When Shick discovered the university investigation, he resigned and subsequently was hired by Grand Canyon University as vice president of ad\u2010 vancement (he has now been fired). The internal investi\u2010 gation of the assault found \u201csufficient evidence to support the finding that Mr. Shick\u2019s behavior amounted to sexual harass ment.\u201d But those findings were shared only with \u201cthose with the need to know,\u201d which included president Ana Marie Cauce, the athletic director, and people in the university\u2019s le\u2010 gal department. The University of Washington legal department and investiga\u2010 tors entered into a quiet settlement with Cassandra Strickland, giving her $20,000 for mental health treatment, but with the stipulation that she \u201csign a release allowing the university access to her counseling records to check on her participation and progress in treatment.\u201d They also had her sign a waiver of any future claims against the university. Seattle attorney Rebecca Roe, who has represented clients who were sexual assault survivors at the University of Washington, is quoted as saying find that totally and com\u2010 pletely offensive. The Catholic Church used to try to do that.\u201d The Seattle Times broke this story, resorting to using our Washington State public records laws to obtain the redacted University of Washington internal documents relating to this case. But also, Cassandra Strickland, the strong survivor, was willing to go on record with these powerful words: \u201cMy story is not unique. There are hundreds, if not thousands, of other girls at other universities whose stories are being buried to protect the reputation of the schools they attend. It\u2019s a prob\u2010 lem, it\u2019s been a problem for far too long, and we need to change that.\u201d Being a University of Washington professor am devastated and enraged by what happened to her also know it has happened\u2014and likely will continue to happen\u2014to many more of our students. For decades worked beside a faculty mem ber widely known to sexually harass and intimidate our fe\u2010 male students. Nothing was done except require him to keep his office door open when meeting with female students tried to discreetly steer young female students away from working with him\u2014but otherwise felt powerless. And was complicit in a university system that allowed the abuse to continue. No more. From the Seattle Times article: \u201cIf you have experienced sex\u2010 ual assault and need support, you can call the 24-hour National Sexual Assault Telephone Hotline at 800-656 (800-656-4673). There is also an online chat option. Survivors in King County can call the King County Sexual Assault Resource Center\u2019s 24-hour Resource Line at 888-99 (888-998-6423) or visit What Is Sexual Abuse? Find a therapist to heal from sexual abuse References \u201cKnow Your Rights: Sexual Harassment and Sexual Assault Under Title IX\u201d by the American Association of University Women. End Rape on Campus About the Author Josephine Ensign, DrPH, is a professor of nursing at the University of Washington, Seattle. Online: Medical Margins, Facebook, Twitter, LinkedIn More from Josephine Ensign DrPH 2 The Behavioral Health Crisis, Homelessness, and a Heat Wave Lessons from the COVID-19 pandemic inform the current behavioral health crisis 2 Libraries and Homelessness Libraries provide more than just books 3 Lived Experience of Homelessness Examined Personal Perspective: When is it helpful in program and 3 Nurses on the Frontlines of Behavioral Health policy work? Nurses have been frontline behavioral health workers h ll d l More from Psychology Today 3 The Long- Lasting Consequences of Child Sexual Abuse quarter of girls and 1 in 13 boys will experience sexual abuse before they are 18 years old, according to estimates 4 When to Be Concerned About Sibling Sexual Behavior Typical reactions to sibling sexual behavior by parents and professionals are often inadequate 3 Locus of Control Test Do you believe you have agency in your life 6 Why It's So Hard to Recognize Maternal Sexual Abuse Maternal sexual abuse of sons is difficult to acknowledge because it violates taboos and core expectations 3 Why Some Rape Victims Continue to Date Their Rapist Failure to acknowledge a rape may be driven by denial or a desire to reframe the assault 8 Mommy Nearest When a mother sexually abuses her son 21 When Men Attack: Why (and Which) Men Sexually Assault Women The risk of sexual violence one assumes just by living while female is high 3 Think Someone Drugged Me\" Getting drugged without your knowledge can be terrifying and traumatic. The drugs may cloud your memory for events Find a Sexual Abuse Therapist Get the help you need from a therapist near you\u2013a service from Psychology Today. Cities: Atlanta Austin Baltimore Boston Brooklyn Charlotte Chicago Columbus Dallas Denver Detroit Houston Indianapolis Jacksonville Las Vegas Los Angeles Louisville Memphis Miami Milwaukee City or Zip Minneapolis Nashville New York Oakland Omaha Philadelphia Phoenix Pittsburgh Portland Raleigh Sacramento Saint Louis San Antonio San Diego San Francisco San Jose Seattle Tucson Washington Are you a Therapist? Get Listed Today Subscribe Today About Editorial Process Privacy Terms Accessibility Do Not Sell Or Share My Personal Information United States Psychology Today \u00a9 2025 Sussex Publishers", "8341_102.pdf": "assault/article_1f4036d4-1701-11ea-b5b7-973c36890491.html news State representative and professor to push for transparency in staff sexual assault By Beth Cassidy Contributing writer Dec 5, 2019 Public health professor and state rep. Gerry Pollet (D-Seattle) plans to push for increased transparency surrounding sexual misconduct committed by employees at Higher Education Institutions (HEI) in the 2020 legislative session. According to the Seattle Times, despite the fact colleges are required to investigate sexual assault, school officials have precedent over what information becomes available to the students, public, and police. Institutions are also not legally required to share such incidents with other schools. \u201cWe hope to put an end to that and ensure that the results of an investigation don\u2019t just stay in the personal file hidden away,\u201d Pollet said. This was called into question at the in 2017 after the senior associate athletic director, Roy Shick, sexually assaulted a volleyball player after offering her a ride in his truck. The limited the disclosure of the incident to a small group of athletic department officials. Following the victim's wishes, the police were not notified, Shick faced minimal consequences. According to university spokesperson Victor Balta, the university conducted their own investigation and found Shick \"ineligible for rehire.\" Shick resigned, and with no charges made, less than a year later, he was able to quietly leave his position at the and move to a new school, Grand Canyon University. Although Pollet\u2019s bill could prevent this from happening again, Title coordinator Valery Richardson told The Daily that his bill is still in a preliminary stage with quite a bit of discussion underway. Joe Dacca, director at the Office of State Relations, addressed the issues that still needed to be worked out within the bill. Dacca explained that tackling this issue is easy on its face but can get tricky as it is a top priority to protect the survivors and put their needs first. \u201cWe don\u2019t want people who have committed these crimes to be working with students in the future but we also need to protect the identity of the victims as well as abide by due process,\u201d Dacca said. Pollet explained that protocol in Washington\u2019s higher education institutions (HEIs) ultimately leaves the decision to disclose the behavior up to the perpetrator, not the victim. \u201cCurrent practice is that investigators must get the \u2018OK\u2019 from the perpetrator in order to disclose information to any future job,\u201d Pollet said. The reason being, Pollet explained, is if schools do disclose, they open themselves up for a legal lawsuit. Some HEIs have already done away with this practice despite the current legislation. According to Pollet, Western Washington University has a long-established practice of refusing to disclose sexual misconduct investigation findings unless the perpetrator gives their OK. However, Western has recently decided to do away with this altogether. \u201cThis was based on very poor legal advice,\u201d Pollet said. \u201cThe president of Western Washington University, Sabah Randhawa met with me a couple months ago and said we\u2019re not even going to wait for legislation. We are ending this practice whether or not our legal counsel says they want to take a conservative standpoint to avoid any legal liability.\u201d When asked if he thinks this proposal will actually make it to bill status, he emphasized the need to make changes across the board for the survivors. \u201cMaybe am foolishly optimistic believe we\u2019ve got a lot of support and momentum for doing it,\u201d Pollet said. \u201cWhat is so sad is that it has taken suffering by victims who have had to become publicly known to get us to the point where we can change the system. We owe that to the victims who came forward and exposed how really horrible our system is right now.\u201d To ensure accuracy and draft a bill that addresses these issues, there has been a great deal of collaboration within all higher education institutions of Washington, including the UW, Western, Central, WSU, and Evergreen College. Pollet plans on introducing the bill in the 2020 legislative session, which begins in January. Its chances in the Legislature are unclear. \u201cThe bill would allow us to increase transparency and demonstrate that as an institution we take these matters seriously, and lastly, that there are repercussions to employees and they will be held accountable if they are found responsible for these behaviors,\u201d Richardson said. \u201cIt\u2019s powerful, in terms of walking our talk.\u201d Reach Beth Cassidy Contributing writer at [email protected]. Twitter: @_BethCassidy_ Like what you\u2019re reading? Support high-quality student journalism by donating here. Editor's note: An earlier version of this article stated that Roy Shick was not investigated. While the did not investigate the assault allegations, the university did, in fact, conduct its own investigation which found Shick \"ineligible for rehire.\" This article has been updated to reflect this fact.", "8341_103.pdf": "Grand Canyon University fires after learning of sexual assault claim Jun 13, 2019, 7:30 | Updated: Jun 14, 2019, 9:15 am (Facebook Photo/Grand Canyon University \u2013 Grand Canyon University fired a vice president over the weekend after learning about a sexual assault claim against him at a previous job. Share KTAR.com Bob Romantic, communications director for the private Christian college, told News 92.3 in an email Thursday that Roy Shick\u2019s employment was terminated Sunday. Grand Canyon first heard about the allegations Friday, Romantic said, from a Seattle Times reporter. The school immediately put him on administrative leave and then fired him after conducting an inquiry into the case. According to a Seattle Times story published Wednesday, Shick was accused by a University of Washington star volleyball player of sexually assaulting her in his truck after giving her a ride home Grand Canyon University completes transition back to nonprofit status The school investigated and determined the player\u2019s allegations against Shick, who was senior associate athletic director, were credible, the paper reported. Shick had resigned by the time the investigation was completed in March 2018. Romantic said Shick passed a background check before he was hired in November 2018. The Seattle Times reported that Washington agreed to pay up to $20,000 for therapy for the player, Cassandra Strickland, if she waived any claims against the school. The school didn\u2019t report the case to police, following Strickland\u2019s preference, the paper said Top Stories Listen Live Podcasts Share Comments Array Follow @kstonezone We want to hear from you. Have a story idea or tip? Pass it along to the News team here. Live Video Contests Menu", "8341_104.pdf": "| Published: Wed 12th June, 17:33 2019 credits: Ted Warren | source According to a report from the , former University of Washington volleyball star Cassandra Strickland filed a sexual assault claim against former senior associate athletic director Roy Shick in late 2017. Shick left before the investigation into said claim concluded, and though the process Found Volleyball Star's Sexual Assault Allegation \"Extremely Credible\" But Let The Accused Official Leave Without Consequence resulted in him being \u201cmade ineligible for rehire\u201d at the school, his misconduct was never attached to his record or made public, allowing him to get another job in college athletics. Strickland says she was walking into the locker room after a fundraising event when Shick offered her a ride home. She says he instead drove behind the school\u2019s baseball fields and \u201cgroped her, then penetrated her \u2018with his fingers and penis\u2019\u201d without her consent. She spoke to the athletic department\u2019s sports psychologist about what happened, though she was initially afraid of filing a formal report. She eventually did make a report with the University Complaint Investigation and Resolution Office, but not before Shick allegedly called Strickland on the phone after hearing that she had talked to the psychologist about the incident. Washington followed procedure and investigated Strickland\u2019s claims, eventually ruling that they were \u201cextremely credible.\u201d Shick was placed on administrative leave and temporarily banned from athletic venues and events while the investigation was underway, eventually resigning in Jan. 2018 to work for a Seattle startup. In a letter about Shick\u2019s departure to staff, athletic director Jennifer Cohen did not mention the investigation never reported Strickland\u2019s claims to the police at Strickland\u2019s request. Shick was hired by Grand Canyon University in Nov. 2018, and they say they were not made aware of the investigation and that it did not show up on a background check (Shick was fired on Sunday). In fact, Washington \u201conly shared the finding with a small group of university and athletic department officials.\u201d Strickland eventually agreed to accept a settlement for therapy and counseling in exchange for dropping the complaint, though the terms of the settlement allowed Washington to \u201caccess to her counseling records.\u201d She told the Times she felt pressured to sign the settlement, which she did without consulting a lawyer, in order to put the ordeal behind her and help herself focus on her professional volleyball career abroad. In an email to the Times, Strickland said: \u201cMy story is not unique. There are hundreds, if not thousands of other girls at other universities, whose stories are being buried to protect the reputation of the schools they attend. It\u2019s a problem, it\u2019s been a problem for far too long and we need to change that.\u201d [ Seattle Times] Related Best Betting Sites For Nfl Thu Mar 20 2025 March 20th Best Bet: Montreal Canadiens Vs. New York Islanders Thu Mar 20 2025 Ja\u2019Marr Chase Breaks The Bank\u2014And Redefines What WRs Are Worth Thu Mar 20 2025 Pitino, Calipari, Self And Co. Make Providence The Epicenter Of March Madness Wed Mar 19 2025 Jalen Milroe Would Be The Perfect Quarterback Prospect If He Knew How To Pass Wed Mar 19 2025 Breaking Down The Bracket: Regional Picks And Final Four Predictions Wed Mar 19 2025 First Four Wednesday Betting Picks For Mount St. Mary\u2019s Vs. American And Xavier Vs. Texas Tue Mar 18 2025 Best Tournament First-Round Moneyline Bets: Underdog Upsets To Watch Tue Mar 18 2025 Jimmy Butler And Steph Curry: The NBA\u2019s New Foul Merchants Sitemap Privacy Terms of Use About Us View All Best Bets For Monday, March 17th: Expert Picks & Predictions Washington Wizards Vs. Denver Nuggets Best Betting Pick March 15th Dallas Stars Vs. Winnipeg Jets Top Betting Pick March 14, 2025 Boston Bruins Vs. Ottawa Senators Betting Picks, Predictions March 13th Best Sports Betting Picks Today Predictions For March 11th Best Sports Betting Picks Today Predictions For March 10th Best College Basketball Bets Today: March 9th Top Picks home \u203a uw-found-a-volleyball-stars-sexual-assault-allegation-1835462345 Tue Mar 18 2025 Top Potential 2025 Tournament First Round Upsets & Bracket Busters Tue Mar 18 2025 Three Bold Predictions For The 2025 Tournament Copyright 2025", "8341_105.pdf": "(AP) \u2014 Officials with Grand Canyon University say one of the school\u2019s vice presidents has been fired. The move was made after school officials learned of an investigation into a student\u2019s allegation of sexual assault when Roy Shick was at the University of Washington. The Seattle Times reports a student claimed Shick assaulted her in a car in 2017 when he was the senior associate athletic director at Washington. He resigned from the job in January 2018 before an investigation was concluded. Shick was hired by Grand Canyon in November 2018 and a school spokesman says a routine background check didn\u2019t reveal any misconduct. Grand Canyon placed Shick on administrative leave on June 7 while school officials conducted its own inquiry about the assault allegation. Shick was fired last Sunday. University vice president fired after sexual assault inquiry Published 11:58 EDT, June 13, 2019 1 Deportees from the in Panama go embassy to embassy in desperate scramble to seek asylum"} |
8,355 | Bernard Matambo | Oberlin College | [
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] | {"8355_101.pdf": "\uf16d \ue61b \uf39e Saturday, March 22, 2025 \uf002 Search More \uf164 \uf39e \ue61b \uf0e0 \uf02f Matambo Resigns Amid Sexual Misconduct Allegations Sydney Allen, Editor-in-Chief | December 1, 2017 Photo by Bryan Rubin, Photo Editor The building housing the Creative Writing program on West Lorain Street. The department lost a tenure-track professor when he unexpectedly resigned Nov. 16 after sexual misconduct allegations came to light. Editor\u2019s Note: This article contains mentions of sexual assault. Associate Professor of Creative Writing Bernard Matambo resigned Nov. 16 amid multiple accusations of sexual misconduct toward students. One such former student has recently filed Titl t i t hi \uf164 \uf39e \ue61b \uf0e0 \uf02f a Title report against him. Another former student, Sarah Cheshire \u201914, wrote Unravelings, a memoir that details a series of inappropriate encounters with Matambo, referring to him as \u201cB.M.\u201d and \u201cProfessor X\u201d throughout. Several individuals cited that the book, published by Etching Press at the University of Indianapolis this May, inspired a former student to come forward and share her own experiences with Matambo, suggesting a pattern of misconduct. The book, formatted as a 25-page memoir, touches on themes including \u201cmemory, gender- based trauma and emotional gaslighting,\u201d according to the prologue. \u201cIn crafting this narrative, my intention is not to seek retribution or cast blame, but to delve into the intricate psychological landscape of a relationship imbued in both intimate creative energy and deep power imbalance, \u2026 how we as storytellers construct and reconstruct truth through narrative, and the ways in which accountability can become complicated through our manipulations of memory, both those advertent and those inadvertent,\u201d Cheshire writes in the text. English Professor and Chair of the Creative Writing Program Desales Harrison announced Matambo\u2019s resignation to students in an email Nov. 20. It only detailed that Matambo had \u201cresigned abruptly.\u201d Harrison said that the sparse details in the email are due to legal limitations on what information can be shared, adding that the College faculty and staff will likely be unable to comment on the issue. \u201cThe constraining force is not one of institutional policy as it is one of state and federal law that governs the kind of disclosures that schools can make \u2014 the kind that schools are obligated to make,\u201d Harrison said. \u201cOne way or another, whether it\u2019s external legal constraint, just an ethical call, or a college policy don\u2019t think that students are going to receive any particularly satisfying official narrative any time soon.\u201d Matambo joined Oberlin as a visiting assistant professor in 2007. As his initial six-year term approached its closure in fall 2013, a number of students and faculty, including Cheshire, established a petition requesting his retention. Matambo was granted a tenure-track position because of these efforts. In light of Matambo\u2019s initial popularity, the silence from the College has left students like College senior and Creative Writing major Mia Park confused and distressed upon learning of t b \u2019 b t d t \uf164 \uf39e \ue61b \uf0e0 \uf02f Matambo\u2019s abrupt departure. \u201cIt was really alarming because it was phrased like, \u2018Bernard has resigned suddenly,\u2019 with no other information, \u2026 so we were all really worried that something bad had happened to him,\u201d Park said. Park added that once she and other students heard rumors about Matambo\u2019s sexual misconduct, they were no longer sympathetic. Cheshire said that she hopes her book and Matambo\u2019s resignation can serve as a tool for change within the Creative Writing program and Oberlin as a whole did not publish that book with the intention of launching a crusade or calling anyone out,\u201d Cheshire said think published it more as part of a personal journey I\u2019ve been on to figure out what happened, \u2026 given that so much of that has been me trying to figure out who am as a writer independent of him think it\u2019s important that the book be taken not as a rallying cry, but as a work of art think that this is a moment not just for the department but for a lot of people to reflect and change.\u201d Cheshire tied her experience to the recent #MeToo movement that swept across social media in recent weeks and the watershed of men in power that have been accused of sexual harassment, assault, or misconduct had never defined it as part of that culture think it was always a, \u2018This was complicated and I\u2019m mad,\u2019\u201d Cheshire said had this moment where felt like had to define this as part of that collective consciousness.\u201d Since Matambo\u2019s resignation, his advisees, senior capstone projects, and classes have been distributed among the remaining Creative Writing faculty. Park said that the shakeups have left her and other students in the program feeling unsettled and let down. \u201cThe future in the department feels a little uncertain,\u201d Park said. \u201cI\u2019m feeling kind of betrayed and hurt because trusted him with a lot of information, and feel like having this happen means have to reassess all the kindness that he\u2019s given me.\u201d Despite the uncertainty, Harrison assures that maintaining the program is a top priority don\u2019t have any sort of panicky illusion that the department is melting away,\u201d Harrison said lot of people have been saying, \u2018Is it going to be absorbed into some other department? Is \uf164 \uf39e \ue61b \uf0e0 \uf02f Federal Funding Freezes Cause Confusion for Faculty, Students Board of Trustees Discusses Academic Freedom, Reaffirms Mission Statement Oberlin Hosts International Economics Conference Today and Saturday, Oberlin College is hosting the Economics Conference, an event co- organized by Oberlin, the London School of Hygiene & Tro... Students React to Woodland Hall Lottery Assignments Possible Repeal of Inflation Reduction Act Could Cost College Millions y g g g it going to be engulfed? Is it going to vanish?\u2019 And no, there\u2019s been no discussion about that sort of thing happening.\u201d Dean of the College of Arts and Sciences Tim Elgren added that the administration hopes to mediate any complications Matambo\u2019s resignation may cause to students in the Creative Writing program. \u201cStudents should rest assured that every effort is being made to meet the needs of creative writing students and advisees,\u201d Elgren wrote in an email to the Review. \u201cVisiting faculty members will be hired as searches are initiated to fill permanent openings.\u201d Matambo\u2019s departure adds to the Creative Writing department\u2019s consistent stream of faculty losses over the last year. Last spring the department lost one of its tenured faculty members with the departure of Shane McCrae, whose position has been replaced by a visiting professor. The impending departure of Delaney Professor of Creative Writing Dan Chaon \u2014 who will be leaving at the end of the year to turn his bestselling novel Ill Will into an series \u2014 will leave the program with only three core faculty members next semester. bernard matambo sarah cheshire Sydney Allen title ix unravelings Campus News \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in Comic: Have You Considered Voting? Multicultural Visit Program Welcomes Prospective Students Asian Diaspora Coalition Hosts Vigil to Commemorate Atlanta Spa Shootings Community Gathers for Teach-In on Russian Invasion of Ukraine Completion of Reservoir Project Estimated for Spring of 2022 Features The Oberlin Review Established 1874. Enter Search Term Hiring! \uf164 \uf39e \ue61b \uf0e0 \uf02f", "8355_102.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 22 Mar 2025 04:23:55 All snapshots from host legalinsurrection.com share download .zip report bug or abuse Buy me a coffee Webpage Screenshot \uf002 Sign In or Register Donations tax deductible to the full extent allowed by law William A. Jacobson Founder Kemberlee Kaye Sr. Contrib Editor Mary Chastain Contrib Editor Mike LaChance Higher Ed Leslie Eastman Author Vijeta Uniyal Author Stacey Matthews Author Jane Coleman Author James Nault Author Elizabeth Stauffer Author Mandy Nagy Editor Emerita Learn more about the Contributors Log in or register to comment. Faculty Sexual Misconduct Accusations Shake Oberlin College Community email from college president discloses several accusations, resignations, and ongoing investigations. Posted by William A. Jacobson Saturday, August 25, 2018 at 07:30pm \uf0c824 Comments Oberlin College President Carmen Twillie Ambar send an email to the college community on August 23, 2018, followed by a similar email to alumni, regarding faculty sexual misconduct. The situation presented was stark: The college received \u201cseveral\u201d accusations of faculty sexual misconduct from alumni, leading certain faculty members to resign rather than participate in an investigation. The magnitude of the problem was not fully disclosed, but it must be serious enough if the college president felt compelled to address the college and alumni Print Facebook Twitter Telegram LinkedIn WhatsApp Email \u2026 During my first year at Oberlin College & Conservatory, we received several reports from alumni alleging violation of our sexual misconduct policy by faculty members. In each instance, we launched an independent investigation. While these allegations concern actions that occurred some years ago, it is possible that we may discover more recent misconduct as we continue our investigations. Some of the individuals facing these complaints chose to tender their resignations rather than participating in our investigative process. Despite these resignations, our investigative processes continue so we can ascertain the facts. Others participated in the formal process. In each instance, we used an independent investigator to complete fact-finding or to conduct climate assessments in the appropriate departments to determine if the conduct was more than an isolated occurrence\u2026 communities forwarded the following questions yesterday to the college spokesman, Scott Wargo, trying to get a handle on the scope of the problem. None of the questions required disclosure of personally identifiable information as to the accusers or the accused. As of this writing have received no response despite my follow up: News reports shed some light on faculty who have resigned after accusations. The student-run Oberlin Review reported that on November 16, 2017, an Associate Professor of Creative Writing resigned: The Matambo resignation prompted an editorial in the student newspaper questioning whether other faculty covered up the situation: How many faculty members have been accused of sexual misconduct? How many resigned as a result of the allegations rather than participate in the investigation? How many were the subject of investigation, and how many of those investigated were found responsible for sexual misconduct? How many were disciplined after investigation, and what were the sanctions/remedies imposed? What was the \u201cformal process\u201d referred to in the letter? Was it a hearing of some sort?. If it was a hearing of some sort, please describe the process, how many faculty members went to hearing, and how many were found responsible. Associate Professor of Creative Writing Bernard Matambo resigned Nov. 16 amid multiple accusations of sexual misconduct toward students. One such former student has recently filed a Title report against him\u2026. English Professor and Chair of the Creative Writing Program Desales Harrison announced Matambo\u2019s resignation to students in an email Nov. 20. It only detailed that Matambo had \u201cresigned abruptly.\u201d Harrison said that the sparse details in the email are due to legal limitations on what information can be shared, adding that the College faculty and staff will likely be unable to comment on the issue. \u201cThe constraining force is not one of institutional policy as it is one of state and federal law that governs the kind of disclosures that schools can make \u2014 the kind that schools are obligated to make,\u201d Harrison said. \u201cOne way or another, whether it\u2019s external legal constraint, just an ethical call, or a college policy don\u2019t think that students are going to receive any particularly satisfying official narrative any time soon.\u201d Based on multiple off-the-record interviews, the Editorial Board believes it is likely, if the allegations against Matambo are true, that some of his colleagues \u2014 in the Creative Writing program and across campus \u2014 were aware of his actions well before his resignation three weeks ago. Failure of faculty to report knowledge of sexual misconduct would be a grave The Chronicle-Telegram reports today on another faculty resignation: These two reported cases likely are not the universe of cases, given the wording of President Ambar\u2019s community email, which refers to \u201cseveral\u201d accusations and ongoing investigations. The college, however, is not being transparent as to the scope of the problem. Oberlin College\u2019s faculty sexual misconduct problem comes against a backdrop of other difficulties the college is facing. Years of social justice warfare earned Oberlin College unflattering national media coverage. It\u2019s financial outlook was downgraded by major credit agencies, due in part to enrollment declines in the past several years. At the same time, the college faces a lawsuit from an expelled male student who alleges discrimination against males, including a 100% conviction rate for sexual assault accusations that go to hearing. The college also is enmeshed in a bitter town-gown fight with the local Gibson\u2019s bakery. Here is the email in full: omission. Under Oberlin\u2019s sexual misconduct policy, faculty and staff members are \u201cResponsible Employees\u201d who are required to immediately report any knowledge of sexual misconduct to Oberlin\u2019s Title coordinator. Failure to do so places those Responsible Employees in direct conflict with Oberlin policy. It also violates their moral and ethical responsibility to the students they mentor or simply encounter on campus world renowned and respected Oberlin Conservatory professor has resigned from his post after allegations of inappropriate sexual conduct with students emerged and the college started a Title investigation. Oberlin College spokesman Scott Wargo confirmed Friday that on Aug. 10 the college\u2019s Title coordinator took a report alleging that James David Christie, professor of organ, had violated Oberlin\u2019s sexual misconduct policy by engaging in inappropriate behavior with students. The college informed Christie of the allegations Aug. 11 and immediately placed him on administrative leave pending an investigation, Wargo said in an email. At that point, Christie tendered his resignation. From: Oberlin College, Office of the President <[email protected]> Date: Fri, Aug 24, 2018 Subject: Oberlin\u2019s Values and Community Standards of Professional Conduct To: xxxxxxxxxxxxxxxxxxxxxxx To: xxxxxxxxxxxxxxxxxxxxxxx Dear Alumni, The following message was sent to the campus community on Thursday, August 23. In this message want to address a matter of national import that has affected our campus and community as the new academic year approaches. Early in my tenure indicated my commitment to Oberlin\u2019s nondiscrimination, harassment, and sexual misconduct policies, issues that have been a part of my core work throughout my career. One month after arrived at Oberlin, the #metoo movement began its rapid climb into the public consciousness, empowering voices everywhere to share their stories. Across the country, every part of our society has been and is being rightfully held accountable, including the higher education community. Over the course of this past year, many colleges have dealt with allegations that have come to light as a result of individuals\u2019 newfound willingness to come forward. During my first year at Oberlin College & Conservatory, we received several reports from alumni alleging violation of our sexual misconduct policy by faculty members. In each instance, we launched an independent investigation. While these allegations concern actions that occurred some years ago, it is possible that we may discover more recent misconduct as we continue our investigations. Some of the individuals facing these complaints chose to tender their resignations rather than participating in our investigative process. Despite these resignations, our investigative processes continue so we can ascertain the facts. Others participated in the formal process. In each instance, we used an independent investigator to complete fact-finding or to conduct climate assessments in the appropriate departments to determine if the conduct was more than an isolated occurrence. Institutions must be effectively prepared to respond to reports of sexual misconduct and to prevent such misconduct whenever possible. Oberlin has continued over the past decade to review and enhance its policies regarding sexual misconduct. To that end, we currently communicate our policies to all new employees\u2014faculty and staff\u2014and to students beginning with first-year orientation. Additionally, our Office of Equity, Diversity, and Inclusion conducts required training sessions throughout the year on Oberlin\u2019s policies prohibiting discrimination, harassment and sexual misconduct that faculty and staff are required to complete. Oberlin takes seriously its duty to clearly communicate our expectations to all new employees and students. All first-year students receive training through two mandatory workshops on college policies, consent, and bystander intervention while all student athletes and coaches receive yearly training per the rules. Our policies regarding relationships between employees and students are clear. The sexual misconduct policy explicitly prohibits sexual relationships between employees and students, including relationships that are consensual, because of the potential negative impact on individuals as well as on the college\u2019s learning and working community believe strongly that as a community, we can have no greater goal than to ensure that Oberlin\u2019s educational environment is safe, fair, equitable, and inclusive to the highest ethical and academic standards, and that it is free of all forms of discrimination, harassment, sexual misconduct and violence. While each of the allegations have mentioned has its distinctive set of facts, they are a reminder that we must continue to be vigilant in our work to ensure that everyone at this great institution lives up to the sacred trust between teacher and student that is the cornerstone of our academic mission. To ensure that our sexual misconduct policies are robust and being enforced, our Title coordinator will build on the past decade\u2019s efforts to enhance Oberlin\u2019s policies and procedures by leading this year a group of faculty, staff and students in a review that will: (1) make recommendations for the improving the sexual misconduct policy; and (2) make recommendations regarding improved training and compliance. To inform these recommendations, the group will conduct focus groups to reexamine our policies, discuss proposed policy revisions, and review the recommendations from departmental climate assessments also have asked the Dean of Arts & Sciences and the Dean of the Conservatory and other senior leadership to work with faculty governing bodies to have a more robust conversation about these issues on campus and to make the employee training even more accessible. As a member of our community, you can also support this work by encouraging and reporting concerns if they arise (Anonymous reports and concerns can be forwarded to go.oberlin.edu/ReportNow). We must do this work as a community\u2014to hold ourselves and our colleagues up to the appropriate standards and to encourage reporting to the Office of Equity, Diversity, and Inclusion if we are aware of a potential policy violation. The institution must continue to respond thoughtfully and expeditiously when allegations are raised. And we must continue working to create a community where this behavior does not occur. All of us at Oberlin remain committed to a fair, unbiased and exhaustive search for the facts. And we insist that all members of the Oberlin community\u2014especially those who wield power and influence\u2014live up to the highest standards of integrity. Carmen Twillie Ambar President Print Facebook Twitter Telegram LinkedIn WhatsApp Email Donations tax deductible to the full extent allowed by law. 24 Comments Campus Sexual Assault, College Insurrection, Oberlin College, Oberlin College - Gibson's Bakery Comments rabid wombat | August 25, 2018 at 7:46 pm Figures, very true to type for the Left DieJustAsHappy | August 25, 2018 at 8:01 pm Please forgive me for finding a bit of humor in that a Professor of Organ was guilty of sexual misconduct. C. Lashown in reply to DieJustAsHappy. | August 26, 2018 at 2:28 am Ya, pumping those pipes all day long must be a big \u2018turn on\u2019 for sexually promiscuous beta\u2019s\u2026.causing their attention to wander to more delightful pursuits. MajorWood in reply to DieJustAsHappy. | August 26, 2018 at 12:40 pm Well, along Professor St. there is Peters Hall, Cox Admin Bldg, and Finney Chapel has the largest organ in Ohio. How they have avoided the radar is beyond me. oldav8r | August 25, 2018 at 8:07 pm Oh campus rape culture. locomotivebreath1901 | August 25, 2018 at 8:39 pm Why are leftists institutions such cesspools of misandry, misogyny, assault, hate & bigotry?? TheFineReport.com in reply to locomotivebreath1901. | August 25, 2018 at 9:34 pm Because that\u2019s the deal: support leftism, and your sexual predator will be covered-up. No wonder so many pedophiles and other pervs run to them. Just ask weinstein. C. Lashown in reply to locomotivebreath1901. | August 26, 2018 at 2:31 am That\u2019s a really good question; and don\u2019t have an acceptable answer. Answer\u2019s have, but nothing that\u2019s all-encompassing. puhiawa | August 25, 2018 at 9:15 pm This college is collapsing into the dark hole quickly. legacyrepublican in reply to puhiawa. | August 26, 2018 at 12:00 pm Don\u2019t you mean the \u201cfront hole\u201d of the the whore they slept with by embracing the left? Neo in reply to puhiawa. | August 30, 2018 at 5:56 pm This certainly must make wearing Cardinal and Mikado yellow just a bit uncomfortable. caseoftheblues | August 25, 2018 at 9:20 pm locomotivebreath1901 | August 25, 2018 at 8:39 pm Why are leftists institutions such cesspools of misandry, misogyny, assault, hate & bigotry?? Because leftists are walking cesspools of misandry, misogyny, assault, hate & bigotry\u2026. VaGentleman | August 25, 2018 at 11:00 pm Paedon me while pop the cork on a fine bottle of Schadenfreude, 2018 vintage. Milhouse | August 25, 2018 at 11:30 pm Have you considered that these allegations may be false, and the resignations are simply a case of them giving their male faculty the same shabby treatment we know they give their male students? stevewhitemd in reply to Milhouse. | August 25, 2018 at 11:41 pm If that were the case, they would have been fired and not been allowed to resign\u2026 Redneck Law in reply to Milhouse. | August 26, 2018 at 8:01 am Milhouse up-voted you to counter the down vote because know you were not being literal, and your point regarding the shabby treatment of (white, heterosexual, Christian) males is a good one. BobM in reply to Milhouse. | August 26, 2018 at 9:24 am \u201cThe same shabby treatment\u201d would entail an internal investigation rather than an independent investigator. So, on the surface, the faculty seem to be treated differently than students also under investigation. Also, the accusers in these cases appear to be alumni (ex- students), which should cut down on the number of accusers who changed their minds on what constituted \u201cconsensual\u201d after the fact due to \u201che didn\u2019t respect me after\u201d. Finally, it\u2019s professor/student. Like over/under 18 situations, by definition any sex is inappropriate, even if not illegal. Neo in reply to BobM. | August 30, 2018 at 6:00 pm \u201c\u2026 over/under 18 situations \u2026 \u201d Except perhaps the first few months of their Freshman year, all of these are over 18 situations. After all, not everybody is a genius going to college at 11. stevewhitemd | August 25, 2018 at 11:41 pm What\u2019s interesting is that to handle the investigations of faculty on a Title matter, the College hired an independent investigator. Whereas when a student is accused of a Title violation, he/she is subjected to the usual approach, which we\u2019ve seen so many times is biased and inappropriate. Perhaps Prof. Jacobson could ask about that as well\u2026 Oregon Mike | August 26, 2018 at 1:08 am Organ Professor Christie also resigned from the faculty of the College of the Holy Cross, which isn\u2019t having a great year either (see: cut-ties-with-acclaimed-boston-area-concert-organist-amid- sex-allegations/EB43oub6zLAYH7xzNnBGbN/story.html? p1=Article_Trending_Most_Viewed), with the student alternative newspaper earlier detailing \u201creligions studies\u201d professor Benny Liew\u2019s reading into St. John\u2019s description of Christ\u2019s passion an incestuous homosexual relationship with God the Father. Honestly, you just can\u2019t make this stuff up. MSimon in reply to Oregon Mike. | August 26, 2018 at 2:48 am Hebrew Etymology Milhouse in reply to MSimon. | August 26, 2018 at 11:30 pm Sorry, that etymology is bullshit. \u05d1\u05e9\u05dd \u05e7\u05e0\u05d4 (k\u2019nei bosem) simply means an aromatic reed. \u05e7\u05e0\u05d4 means a cane or reed, and \u05d1\u05e9\u05dd means perfume, anything that smells nice. They\u2019re both basic words that appear all over individually, so when they happen to appear together the meaning is clear. There is absolutely no connection to \u05e7\u05e0\u05d1\u05d5\u05e1 (kanbos), a word that first appears in Mishnaic Hebrew and Jastrow is clearly correct that it derives from the Greek \u03c7\u03ac\u03bd\u03bd\u03b1\u03b2\u03bf\u03c2, and not from any Biblical Hebrew words. (Mishnaic Hebrew is full of Greek-derived words.) mathewsjw | August 26, 2018 at 9:11 pm confused as several at oberlin say resigned around December 2017?? also the actually defended the cretin Mudcat | August 26, 2018 at 10:11 pm Seriously? \u201c\u2026professor of organ, had violated Oberlin\u2019s sexual misconduct policy\u2026\u201d \u00a9 Copyright 2008-2024, Legal Insurrection, All Rights Reserved. By continuing to use this website, you agree to our Privacy Policy, Terms of Service. and Policy"} |
7,613 | David Williams | Truman State University | [] | {} |
8,460 | Dan Welcher | University of Texas – Austin | [
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] | {"8460_101.pdf": "Post print write a letter In the wake of an online article detailing repeated instances of inappropriate sexual comments and physical contact, longtime composition professor Dan Welcher is leaving the University of Texas' Butler School of Music. On Thursday, Sept. 26, VAN, an online magazine devoted to classical music, posted a feature titled \"Music's Perpetually Open Secret\" in which writer Sammy Sussman reports the experiences of several former students with Welcher, a major figure in the local classical scene and recipient of honors ranging from induction in the Austin Arts Hall of Fame to an American Academy of Arts and Letters Award in Music. The allegations involve Welcher making jokes and comments of a sexually explicit nature, inquiring about intimate personal relationships, and initiating unwanted physical contact. Most of these reports come from students who attended the Butler School in the past decade, but Sussman also cites a 2002 story in the Chronicle of Higher Education in which two students \u2013 one named, one anonymous \u2013 relate similar instances of inappropriate behavior on Welcher's part. That story resulted in an investigation by the Department of Education's Office of Civil Rights, but while it corroborated some of the allegations by a former student, ultimately it \"did not establish that sexual harassment occurred.\" Within hours of the posting of the feature, emails were sent by Yevgeniy Sharlat, associate professor of the composition, to his students, and Butler School Director Mary Ellen Poole to all of the school's Dan Welcher Leaves Butler School Over Sexual Misconduct Charges Article cites multiple instances of inappropriate behavior FAIRES, 4:00PM, WED. OCT. 2, 2019 Share 35 students, as well as faculty and staff, alerting them to the article and assuring the recipients that \"sexual misconduct will not be tolerated at the Butler School of Music.\" (Poole) Sunday night, Welcher sent an email to Poole, the Butler School faculty, and College of Fine Arts Dean Doug Dempster stating that he was \"profoundly sorry to have brought shame and embarrassment on the Butler School\" and acknowledging the \"discomfort have apparently caused some students,\" adding that there was nothing he could say to undo that \"except 'I'm sorry.'\" He is in the final year of a phased retirement and isn't teaching this fall, but was scheduled to teach and conduct in the spring. (Welcher is founder and director of the New Music Ensemble.) He offered, however, to \"step aside\" from those planned duties and \"stay off campus for the remainder of the academic year,\" after which he will be fully retired. In a story filed Monday night, The Daily Texan reported that Poole had spent two hours that afternoon in a meeting about the allegations, then sent an email to the school stating, \"Dan Welcher will not be returning to the Butler School except to clean out his office.\u201d Other instructors would take over Welcher's teaching responsibilities and work with the students slated to study with him. Furthermore, she wrote, Dean Dempster was asking the university's Office for Inclusion and Equity to investigate the allegations detailed in the article. The Butler School has also canceled a concert featuring Welcher's music in February, and the University of California Redlands has rescinded an invitation to him to be a guest composer at an upcoming symposium. In the interest of full disclosure, this writer has been both an admirer of Welcher's music and a friend for many years note to readers: Bold and uncensored, The Austin Chronicle has been Austin\u2019s independent news source for over 40 years, expressing the community\u2019s political and environmental concerns and supporting its active cultural scene. Now more than ever, we need your support to continue supplying Austin with independent, free press. If real news is important to you, please consider making a donation of $5, $10 or whatever you can afford, to help keep our journalism on stands. Butler School marks Intl. Women's Day with all-star concert 7, 2018 The pipes, the pipes are callin' again in Jessen Auditorium FAIRES, DEC. 14, 2012 Music to Celebrate Women By Organ Transplant Lessons and surprises from a career that The first-ever museum exhibition of Daniel Butler School of Music, Dan Welcher, Mary Ellen Poole, Doug Dempster, Yevgeniy Sharlat Share Best Newest Oldest 1 Comment \ue603 1 Login Name Join the discussion\u2026 ? Valerie Little Reply \u2212 \u2691 5 years ago Unfortunately, students had shared these concerns amongst themselves for years was a graduate student from 2004-06 and was always explicitly told to stay away from him, causing me to avoid playing in the New Music Ensemble despite my avid interest. The implicit gaslighting in Welcher's \"apology\" makes me sick: \"the discomfort apparently caused some students.\" Apparently?!? Creative programs at universities and conservatories are rife with loose boundaries and non-traditional power dynamics have certainly seen them or participated in them first hand throughout my education. They have lasting impacts on our confidence and inner safety. Students need a safe, knowledgeable mentor and future colleague/friend, not someone looking to experiment sexually or emotionally with them at a particularly vulnerable time in their lives. This all being said commend Director Poole on her statements thus far and trust she will work very hard to ensure these types of situations end at the Butler School. She impressed me in the past when she canceled Bill Preucil's recital at and with Welcher being gone feel more proud to be an alumni will continue to hope for healing to those students who have suffered due to his actions. 0 0 Subscribe Privacy Do Not Sell My Data 1 \uf109 \u2945 Last Bow of an Accidental Critic \"Daniel Johnston Live My Broken... 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All rights reserved", "8460_103.pdf": "- Cadillac Canada Sponsored The All-Electric Learn More The professor taught at UT's Butler School of Music. AUSTIN, Texas \u2014 Editor's note: The University of Texas has clarified that the professor has not formally been dismissed. Professor Dan Welcher is no longer welcome on the 40 Acres. The music composition professor is banned from the University of Texas campus and from contacting students, according to a statement sent to Austin investigating after professor accused of sexually harassing students Author: Rebecca Flores, Jenni Lee Published: 1:30 October 1, 2019 Updated: 6:54 October 1, 2019 \uf04b The University of Texas at Austin is investigating Welcher after allegations surfaced that he sexually harassed students, according to our partners at the Austin American-Statesman. Dan Welcher is a professor at UT's Butler School of Music. Mary Ellen Poole, who is the director of the Butler School, said she was \u201csick to her stomach\u201d after leaving a two-hour meeting with the entire composition department, the Statesman reported. The Statesman said Poole made it clear that she believes the allegations are valid, adding that Welcher would not be returning to the school, \u201cexcept to clean out his office.\u201d The Office of Inclusion and Equity is reportedly launching a full investigation into Welcher. Sophomore Ray Selinidis met Welcher last year took composition lessons one on one from him spring semester last year personally didn't have any experience but that doesn't mean other people didn't ... We were sent a note that basically said something along the lines that he's been let go from the University and that the next time he's coming is cleaning his stuff and getting out of here,\" he said. Shilpa Bakre with Austin gave the following statement: \"The safety of students is always the university\u2019s top priority. As soon as the university learned about the recent allegations surrounding Professor Welcher, swift action was taken to refer the alleged wrongdoing to the appropriate university offices for review. Professor Welcher is prohibited from any contact with students until the matter is resolved.\" Bakre told that Welcher retired from the university on Aug. 31 and is \"currently on a one- year phased retirement term\" that started Sept. 1 and goes until May 31 at 50% time. The university has a link to resources online on how students can fle a report for sexual harassment or assault. WATCH: Texas is getting a new task force for sexual assault survivors READING: Jury finds Amber Guyger guilty of murder in shooting death of Botham Jean Texas is getting a new task force for sexual assault surviv Texas is getting a new task force for sexual assault surviv\u2026 Man killed in crash at Parmer and Dessau after police pursuit identified Round Rock puts principal on leave amid allegations of racist and disparaging comments Luxury Casino | Sponsored Tap into the Highest Win Rate Guarantee at Luxury Casino! Best odds and big wins await you! SearchTopics | Search Ads | Sponsored Empty Alaska Cruise Cabins For Sale Now (See Prices) 50+ People Protection | Sponsored Canadians Under 80 With No Life Insurance Should Claim This Benefit in March Read Now Luxury Casino | Sponsored Highest Win Rate Guarantee in the market ! At Luxury Casino , better odds , better opportunities ! CommonSearches | Search Ads | Sponsored Blinkist: Andrew Ng's Reading List | Sponsored New Atlas Has Arrived & It's Turning Heads - Search Offers Google Brain Co-Founder Andrew Ng, Recommends: Read These 5 Books And Turn Your Life Around Teen's body incinerated after man lured, tortured and dismembered her What is 'Trump Derangement Syndrome'? Republicans introduce bill in Minnesota Senate ARTICLE...", "8460_104.pdf": "professor accused of sexual harrassment University investigates professor who will not return to campus after multiple harassment accusations Lara Korte [email protected] Published 8:22 a.m Oct. 1, 2019 Updated 9:37 a.m Oct. 2, 2019 University of Texas professor will not be returning to campus following multiple allegations of sexual harassment. Dan Welcher, a professor of composition at the Butler School of Music, is now prohibited from any contact with students, according to a spokeswoman, and other professors in the school will take over Welcher\u2019s instructional duties. His Feb. 9 concert also has been canceled. Mary Ellen Poole, director of the Butler School, made it clear that she believes the allegations, first reported by VAN.com, are valid. In an email to music students Monday night, Poole said she was \"sick to her stomach\" after leaving a two-hour meeting with the entire composition department. Poole said Welcher would not be returning to the school, \u201cexcept to clean out his office,\u201d and added the Office of Inclusion and Equity is launching a full investigation. \"What learned this afternoon has added many layers to my understanding of the ways Dan Welcher's behavior has interfered with students' learning, with their professional confidence, with the integrity of their physical selves, and with their pride in saying they have studied at the Butler School,\" Poole said in the email believe everyone who has spoken up. It has broken my heart. And now must figure out a way for us to move forward university spokeswoman said Welcher had retired last year and is currently in a phased retirement. \"The safety of students is always the university's top priority spokesperson Shilpa Bakre said. \"As soon as the university learned about the recent allegations surrounding Professor Welcher, swift action was taken to refer the alleged wrongdoing to the appropriate university offices for review.\" Poole encouraged anyone with information to report it to the university's Title office can't expect that you will trust me to figure out how to make this better on the level of the Butler School,\" Poole wrote. \"But hope that somehow you will.\" This is not the first incident in which has taken action in light of a professor's alleged misconduct. In June 2018, an English professor was barred from a number of academic privileges after an eight-month investigation into his relationship with a student. For two years, he was banned from supervising graduate students by himself, from consideration for promotion and from appointment to any administrative or leadership position review by the Statesman last year found reports alleging sexual misconduct, harassment and sex discrimination have been increasing steadily at UT. Students filed 69 such reports in the 2012-13 school year, and 445 in 2016-17.", "8460_105.pdf": "Dan Welcher Dan Welcher (born March 2, 1948)[1][2][3][4] is an American composer, conductor, and music educator. Welcher was born in Rochester, New York and earned degrees from the Eastman School of Music and the Manhattan School of Music, studying bassoon, piano, and composition. He was principal bassooonist at the Louisville Orchestra and a professor of composition and music theory at University of Louisville from 1972 to 1978. He additionally taught at the Aspen Music Festival and School from 1976 until 1990, and began teaching at the University of Texas at Austin in 1978. He founded the New Music Ensemble and served as the assistant conductor of the Austin Symphony Orchestra from 1980 until 1990.[5] Welcher's compositions include concertos, symphonies, vocal literature, piano solos, and various kinds of chamber music. He also wrote two operas, Della's Gift, which premiered in Austin in 1987, and Holy Night, which premiered in 2004.[6] Della's Gift has been performed with several opera companies including the New York City Opera. His works have been performed by such ensembles as the Atlanta Symphony Orchestra, Chicago Symphony Orchestra, the Honolulu Symphony, the Boston Pops Orchestra, the Utah Symphony, the Dallas Symphony Orchestra, and the St. Louis Symphony Orchestra. His music is published by the Theodore Presser Company, among others. Recently completed works include Personal Ads: Eight Cabaret Songs, which is a song cycle for piano, soprano and tenor, and the Fifth Symphony, premiered by the Austin Symphony Orchestra on May 1, 2009.[7] Welcher's numerous accolades include awards and fellowships from the Guggenheim Foundation, National Endowment for the Arts, the Rockefeller Foundation, the MacDowell Colony, Yaddo, the American Music Center, and ASCAP. For several years, Welcher hosted a weekly radio series called Knowing the Score, aimed at introducing listeners to contemporary classical music.[8] Welcher held the Lee Hage Jamail Regents Professorship in Composition at the University of Texas, teaching music composition, and served as director of the New Music Ensemble until his abrupt departure in 2019 following numerous allegations of sexual misconduct as reported in a September 26, 2019 article in Magazine.[9][10][11] Biography Beyond Sight (for a tone poem after Plato for orchestra; 1999) Bridges (for five pieces for string orchestra; 1991) Bright Wings Valediction (for large orchestra; 1996) Castle Creek Fanfare/Overture (for large orchestra; 1989) Concerto de [sic] Camera (for bassoon and small orchestra; 1975) Concerto for Clarinet (for clarinet and orchestra; 1989) Concerto for Flute (for flute and orchestra; 1974) Concerto for Piano (Shiva's Drum) (for piano and orchestra; 1993) Concerto for Timpani (for timpani and orchestra; 2004) Concerto for Violin (for violin and orchestra; 1993) Dervishes (for ritual dance scene for orchestra; 1976) Haleakala: How Maui Snared the Sun (for narrator and orchestra; 1991) Jackpot Celebratory Overture (for large orchestra; 2005) Prairie Light: Three Texas Water Colors of Georgia O'Keeffe (for orchestra; 1985) Spumante (for festive overture for large orchestra; 1998) Symphony No. 1 (for orchestra; 1992) Symphony No. 2 Night Watchers (for large orchestra; 1994) Symphony No. 5 (for large symphony orchestra; 2009) The Visions of Merlin (for orchestra; 1980) Venti di Mare (Sea Winds) (for fantasy-concerto for oboe and small orchestra; 1999) Zion (for orchestra; 1999) Arches: An Impression for Concert Band (for concert band; 1984) Castle Creek Overture (for band; 1989) Circular Marches (for large wind ensemble; 1997) Glacier (for large wind ensemble; 2003) For The Mystic Harmony (for large wind ensemble; 2017) Laboring songs (for large wind ensemble; 1997) Minstrels of the Kells (for concert band; 2002) Perpetual Song (for concert band; 2000) Songs Without Words: Five Mood Pieces for Wind Ensemble (for wind ensemble; 2001) Spumante (for wind ensemble; 1999) Symphony No. 3 Shaker Life (for concert band; 1998) Symphony No. 4 American Visionary (for large wind ensemble; 2005) The Yellowstone Fires (for large wind ensemble; 1988) Zion (for wind ensemble; 1994) List of works Orchestra Wind band Rag for Rags (for brass sextet and percussion; also for piano; 1984) All the Words to All the Songs (for flute and piano; 1996) Another Rag for Rags (for violin and piano; 2001) Brass Quintet (for brass quintet; 1982) Chameleon Music (for ten percussionists; 1987) Dante Dances (for clarinet and piano; 1995) Elizabethan Variations (for four recorders; 1968) Firewing: The Flame and the Moth (for oboe and percussion; 1968) Florestan's Falcon (for flute and piano; 2002) Harbor Music (String Quartet #2) (for string quartet; 1992) Hauntings (for tuba ensemble; 1986) Listen Up Guide to Melody, Harmony, Rhythm, Tonecolor and Counterpoint (for woodwind quintet; 1986) Mill Songs (Four Metamorphoses after Schubert) (for oboe and bassoon; 1997) Museon Polemos (War of the Muses) Nocturne and Dance (for trumpet and piano; 1966) Partita (for horn, violin, and piano; 1980) Phaedrus (for violin, clarinet, and piano; 1995) Quintet (for clarinet and string quartet; 2001) Reversible Jackets: Exercises in Conjugal Counterpoint (for flute and clarinet; 1987) Spirit Realms (Three Meditations) (for flute (dbl. piccolo & alto flute) and percussion; 1996) Stigma (for solo contrabass and piano; 1990) String Quartet No. 1 (for string quartet; 1988) The Wind Won't Listen (for bassoon and string quartet; 2002) Trio (for violin, violoncello, and piano; 1975) Tsunami (for cello, percussion and piano; 1991) White Mares of the Moon (for flute and harp; 1986) Woodwind Quintet No. 1 (for woodwind quintet; 1967) Woodwind Quintet No. 2 (for woodwind quintet; 1977) You Can Fool... (for percussion quartet; 2009) Zephyrus (for flute, violin, viola, and cello; 1990) Dance Variations (for solo piano; 1979) Dreaming of Goldberg (for adult beginning piano; 1979) High Tech Etudes (for solo piano; 1988) Pachel's Bells (for solo piano; 1986) Sonatina (for solo piano; 1972) The Birth of Shiva (for solo piano; 1999) Chamber music Keyboard Star Over Fifth Avenue (2003) Della's Gift (for opera in two acts; 1986) Holy Night (for opera in three scenes and an epilogue; 2003) The Yellow Wallpaper (seven scenes; 2010) Abeja Blanca (for mezzo-soprano, english horn, and piano; 1979) Canticle of the Sun (for mezzo-soprano, mixed chorus, and organ; 2000) Evening Scenes: Three Poems of James Agee (for tenor and chamber ensemble; 1985) Four More Personal Ads (for tenor and piano; 2009) Four Personal Ads (for soprano and piano; 2007) Go Slow, My Soul (for medium voice and piano; 2003) How to Make Coq au Vin (for voice and piano; 2005) JFK: The Voice of Peace (for an oratorio for orchestra, chorus, and speakers; 1999) Leaves of Grass (for a cappella choir; 2004) My Life Closed Twice (for medium voice and piano; 2004) Remembrance in Black and White (for mezzo-soprano, flute, clarinet, violin, viola, cello, piano, and percussion; 2001) The Bequest (for soprano and flute; 1976) Tickets for a Prayer Wheel (for baritone and viola; 1997) Vox femina Cycle of Poems by and about Women (for soprano, flute, clarinet, violin, cello, and piano; 1984) 1. Joshua Kosman, \"Welcher, Dan (Edward)\", The New Grove Dictionary of Music and Musicians, second edition, edited by Stanley Sadie and John Tyrrell (London: Macmillan Publishers, 2001) 2. Nicolas Slonimsky, Laura Kuhn, and Dennis McIntire, \"Welcher Dan\", Baker's Biographical Dictionary of Musicians, eighth edition, edited by Nicolas Slonimsky and Laura Kuhn (New York: Schirmer Books, 2001): 6:3891\u20133892. 3. Bret Johnson, \"Review: Kraft: Contextures II: The Final Beast; Interplay; Of Ceremonies, Pageants and Celebrations by Los Angeles Philharmonic, Andre Previn, Alabama Symphony, Paul Polivnick, Utah Symphony Orchestra, Christopher Wilkins and William Kraft; Kraft: Timpani Concerto; Piano Concerto; Veils and Variations for Horn and Orchestra by Thomas Akins, Mona Golabek, Alabama Symphony, Paul Polivnick, Jeff von der Schmidt, Berkeley Symphony Orchestra, Kent Nagano and William Kraft; Tower: Silver Ladders; Island Prelude; Music for Cello and Orchestra; Sequoia by Peter Bowman, Lynn Harrell, St Louis Symphony Orchestra, Leonard Slatkin and Joan Tower; Tower: Fantasy (... Those Harbor Lights); Breakfast Rhythms and II; Wings; Clarinet Concerto by Robert Spring, Eckhart Sellheim and Joan Tower; Welcher: Haleakala; Prairie Light; Clarinet Concerto by Richard Chamberlain, Bil Jackson, Honolulu Symphony Orchestra, Donald Johanos and Dan Welcher\", Tempo, New Series, No. 186 (September 1993): 45\u201346, citation on 46. 4. Al\u00e1n Sa\u00fal Saucedo Estrada, The Influence of Carlos Prieto on Contemporary Cello Music (Lanham, Maryland; Boulder, Colorado; New York; Toronto; Plymouth, UK: University Press of America, Inc., 2014): 103. Opera Vocal and choral References 5. Bio at Presser.com ( Archived ( fm?Name=DANWELCHER) 2007-06-25 at the Wayback Machine 6. Opera Glass ( 7. Robert Faires, \"Austin Symphony Orchestra with Sarah Chang ( rts/2009-05-08/778200/)\", The Austin Chronicle (May 8, 2009) 8. \"Dan Welcher\" ( nners/1991-2000/dan-welcher). lib.umd.edu. University of Maryland. Archived from the original (htt ps:// on 16 October 2020. Retrieved 1 December 2020. 9. \"Dan Welcher | Butler School of Music \u2013 The University of Texas at Austin\" ( du/about/people/welcher-dan). University of Texas at Austin. Archived ( 026070458/ from the original on October 26, 2019. Retrieved October 26, 2019. 10. Sussman, Sammy (26 September 2019). \"Music's Perpetually Open Secret\" ( rg/web/20191026074249/ Magazine. Archived from the original ( on 26 October 2019. Retrieved 26 September 2019. 11. Karacostas, Chase (October 1, 2019). \"Composition professor leaves music school following sexual misconduct allegations\" ( or-leaves-music-school-following-sexual-misconduct-allegations). The Daily Texan. Archived (http s://archive.today/20191026073358/ ssor-leaves-music-school-following-sexual-misconduct-allegations) from the original on October 26, 2019. Retrieved October 26, 2019. Dan Welcher's page at Theodore Presser Company ( 9/ Official Site ( Retrieved from \" External links", "8460_106.pdf": "Dan Welcher Leaves UT\u2019s Butler School of Music After Sexual Misconduct Charges Dan Welcher, a professor of composition at the University of Texas Butler School of Music, will not be returning to campus after charges of sexual harassment. Photo Austin By Sightlines October 2, 2019 Dan Welcher, a longtime University of Texas Butler School of Music composition professor, is leaving the university following multiple allegations of sexual misconduct that arose last week, several news agencies have reported. Sightlines r t s , c u l t u r e , n e w s & i d e a s Sightlines In an email sent to Butler students Mary Ellen Poole, director of the Butler School, said that Welcher \u201cwill not be returning to the Butler School except to clean out his office,\u201d The Daily Texan reported. Welcher is prohibited from any contact with students, according to a spokesperson. And UT\u2019s Office of Inclusion and Equity is launching a full investigation Feb. 9 concert of his music at the Butler School has been cancelled. Welcher, who is in a phased retirement plan this year, is not teaching any classes at this semester. He is due to retire in Spring 2020. After meeting with the Butler School\u2019s composition department, Poole said in her email to students that she was \u201csick to her stomach.\u201d \u201cWhat learned\u2026 has added many layers to my understanding of the ways Dan Welcher\u2019s behavior has interfered with students\u2019 learning, with their professional confidence, with the integrity of their physical selves, and with their pride in saying they have studied at the Butler School,\u201d Poole said in the email to music students believe everyone who has spoken up. It has broken my heart. And now must figure out a way for us to move forward.\u201d On Sept. 26 VAN.com, an online classical music magazine, posted an article titled \u201cMusic\u2019s Perpetually Open Secret.\u201d According to the VAN.com article, a former student said Welcher often made inappropriate sexual comments and that he was \u201cuncomfortably affectionate\u201d in written and verbal communications. Welcher, a composer who directs UT\u2019s New Music Ensemble, is a prominent member of the Butler School and in the local classical scene and the recipient of a slew of honors. His music has been performed by multiple ensembles and orchestras including the Chicago Symphony, the Boston Symphony and the Austin Symphony Orchestra. \ue809"} |
8,518 | Barrett Watten | Wayne State University | [
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] | {"8518_102.pdf": "", "8518_103.pdf": "510 Walnut Street, Suite 900 Philadelphia 19106 Phone: 215-717-3473 Fax: 215-717-3440 the\ufb01re.org December 20, 2024 Kimberly Andrews Espy Office of the President Wayne State University 656 West Kirby 4200 Faculty/Administration Building Detroit, Michigan 48202 Sent via U.S. Mail and Electronic Mail ([email protected]) Dear President Espy: FIRE, a nonpartisan nonprofit that defends free speech,1 is concerned about the due process issues with Wayne State University\u2019s continued use of a 2019 letter of reprimand to punish Professor Barrett Watten wrote previously in 2020 concerning issues raised by the disciplinary process against Watten.2 We write to you today because, despite having made no finding that Watten violated university policy at that time or in the years since, the letter imposed severe discipline on Watten, has remained in Watten\u2019s file since 2019, and is continually invoked against him\u2014even in the absence of an adequate university procedure to determine whether he violated university policy. We urge to cease relying on the letter in its discipline of Watten in the absence of any final determination that he has violated university policy, and to return him to his normal teaching duties. On November 12, 2019, Dean Stephanie Hartwell imposed an initial set of disciplinary measures on Watten, which included removing him from teaching and mentoring responsibilities and moving his office to a location outside the English department.3 According to a disciplinary notice, the university had determined that Watten \u201cengaged in a [sic] hostile 1 For more than 20 years has defended freedom of expression, conscience, and other individual rights on America\u2019s college campuses. You can learn more about our mission and activities at thefire.org. 2 Adam Goldstein Letter to Wayne State Univ (Apr. 20, 2020), learn/fire-letter-wayne-state-university-april-20-2020. 3 This situation was publicized at the time in a news article. Megan Zahneis, This Professor Was Accused of Bullying Grad Students. Now He\u2019s Being Banned From Teaching EDUC. (Dec. 11, 2019), banned-from-teaching/. This recitation reflects our understanding of the pertinent facts. We appreciate that you may have additional information and invite you to share it with us. To these ends, please find enclosed an executed privacy waiver authorizing you to share information about this matter. 2 environment/sexual harassment against a graduate student\u201d in violation of a Board of Governors code, engaged in \u201cinappropriate email/voice mail communications with another graduate student,\u201d and engaged in \u201ctargeted hostility\u201d against another graduate student.4 Importantly, however imposed these disciplinary measures without ever holding a hearing with Watten present or issuing a finding concerning the allegations articulated in the letter. The disciplinary notice also faulted Watten for violating policies that acknowledged were not actually university policy, claiming he had violated the American Association of University Professors\u2019 \u201cJoint Statement on Rights and Freedom of Students\u201d and \u201cStatement on Professional Ethics.\u201d5 The notice informed Watten that while Statements do not represent formal policy, they are national standards set forth by your peers regarding the norms of behavior to be expected of responsible faculty.\u201d6 Further, the letter made unsubstantiated claims that Watten had \u201ca much longer history of incendiary behavior.\u201d7 WSU\u2019s local chapter (now the Wayne Academic Union) filed a grievance just two days after imposed these sanctions in 2019.8 In that grievance, the chapter articulated the serious due process concerns raised by punishing Watten without either a fair hearing or even a determination that he had violated policy.9 The chapter rightfully characterized Dean Hartwell\u2019s actions as \u201carbitrary and capricious,\u201d constituting \u201cdiscipline without due process or just cause.\u201d10 Following this grievance, an arbitrator reviewed the disciplinary measures and determined that while the sanctions did not violate the university\u2019s Collective Bargaining Agreement with the union, the indeterminate timeframe of the sanctions was improper.11 The arbitrator decided the university must conduct an annual review and modification of the sanctions in light of any new evidence.12 In the five years since the disciplinary notice, the has filed a total of five grievances on Watten\u2019s behalf, because the university has repeatedly failed to be transparent in conducting that yearly review and modification.13 For example, on August 17, 2021, the university declined 4 Letter from Stephanie Hartwell, Dean, to Barrett Watten, professor (Nov. 12, 2019) (on file with author). 5 Id. 6 Id. 7 Id. 8 AAUP-AFT, Local 6075 Grievance filed on behalf of Dr. Barrett Watten and the Union by President Charles J. Parrish, Local 6075 (Nov. 14, 2019) (on file with author). 9 Id. 10 Id. 11 In re the Arbitration between Wayne State Univ. Chapter, AAUP-AFT, Local 6075 and Wayne State Univ., Grievance Nos. 382, 384 & 387 (Nov. 24, 2020) (on file with author). 12 Id. 13 See, e.g., AAUP-AFT, Local 6075 Grievance No. 382 filed on behalf of Watten by Parrish (Aug. 20, 2019) (on file with author) (objecting to Watten\u2019s initial suspension prior to the imposition of the sanctions); Local 6075 Grievance No. 387 filed on behalf of Watten by Parrish (Feb. 3, 2020) (on file with author) (objecting to 3 to modify the sanctions without explanation.14 On July 20, 2022, former provost and senior vice president for academic affairs Mark Kornbluh allowed Watten to teach one upper-level undergraduate class in the Winter 2023 semester but maintained the other sanctions, again without any explanation.15 On August 9, 2023, Kornbluh decided that Watten would be allowed to teach a full course load of undergraduate courses in the coming school year, but kept the other sanctions in place, including the office relocation and removal of mentoring opportunities.16 Once again, the university did not provide any insight into its reasons for this decision. In July of this year, Laurie M. Lauzon Clabo, the new provost and senior vice president for academic affairs, allowed Watten to teach a full course load of undergraduate courses at the discretion of his department.17 However, she also informed him that his office would only return to the English department if it would not \u201cinconvenience others in the department[.]\u201d18 Once again, Clabo did not explain anything about the university\u2019s review process. In the university context, institutions must provide faculty members with, at a minimum, an opportunity to present a defense before imposing any sort of punishment.19 failed to do so when initially imposing the sanctions against Watten, and only exacerbates this due process violation by repeatedly failing to justify his continued punishment.20 Basic procedural safeguards ensure fairness and impartiality in misconduct proceedings\u2014which, in turn, lend legitimacy to proceedings and confidence to institutions, complainants, respondents, and members of the public. Those safeguards include notice of charges and an opportunity to substantively respond before the imposition of severe discipline.21 Wayne State has significantly muddied the waters regarding Watten\u2019s disciplinary status at the university over the past five years. By failing to initially adjudicate whether a university policy Wayne State\u2019s relocation of Watten\u2019s office outside of his department, alleging the relocation was retaliatory and damaged his reputation). 14 Post-Arbitration Review 2021, letter from Caroline Maun, Associate Professor & Chair of English, to Watten (Aug. 17, 2021) (on file with author). 15 Letter from Mark Lawrence Korbluh, Provost & Senior Vice President for Academic Affairs, to Watten (July 20, 2022) (on file with author). 16 Letter from Kornbluh to Watten (Aug. 9, 2023) (on file with author). 17 Letter from Laurie Lauzon Clabo, Provost & Senior Vice President for Academic Affairs, to Watten (July 22, 2024) (on file with author). 18 Barrett Watten annual review regarding restrictions from Lauzon Clabo to Watten (Jul. 22, 2024) (on file with author). 19 See Due Process on Campus, FIRE, Courts have established that the \u201copportunity to present reasons, either in person or in writing, why proposed action should not be taken is a fundamental due process requirement.\u201d Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 546 (1985). 20 See, e.g., Request to review and remove sanctions, from Watten to Jennifer Wareham, Associate Dean, and Maun (June 7, 2024) (on file with author). 21 Courts have recognized an exception to the rule that notice and an opportunity to respond must precede severe discipline. But this exception only applies when the accused \u201cposes a continuing danger to persons or property or an ongoing threat of disrupting the academic process,\u201d a high bar that has not met. Haidak v. Univ. of Mass.-Amherst, 933 F.3d 56, 72 (1st Cir. 2019) (citing Goss v. Lopez, 419 U.S. 565, 581\u201382 (1975). 4 violation had taken place but still issuing severe discipline, the university raises serious concerns about its fealty to basic tenets of due process. This is only exacerbated by the university\u2019s budging only when required by an arbitrator who determined that the indefinite time frame of the sanctions was inappropriate. The university then violates the spirit of the arbitration by not being transparent with Watten about the remaining sanctions. Five years of restrictions have certainly damaged Watten\u2019s ability to function as an academic. As Watten takes further steps to contest this adverse treatment, we urge to belatedly cure these due process violations by lifting the sanctions and allowing Watten to fully return to his previous teaching responsibilities.22 Sincerely, Graham Piro Faculty Legal Defense Fund Fellow Cc: Laurie Lauzon Clabo, Provost Encl. 22 In the Matter of the Arbitration, supra note 11."} |
8,183 | Stephen Shipps | University of Michigan | [
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] | {"8183_101.pdf": "\u2709 b Sign up for The Media Today, CJR\u2019s daily newsletter 6,500-word feature is a feat for any journalist to pull off. It\u2019s another thing altogether for a 19- year old music major who has never written a piece of news in his life to do so with credibility and impact. On Monday, The Michigan Daily, the student-run newspaper at the University of Michigan at Ann Arbor, published a lengthy investigation by sophomore Sammy Sussman detailing four decades of allegations of sexual assault and misconduct by Professor Stephen Shipps, who Student uncovers decades of sexual misconduct allegations against Michigan violin professor 14, 2018 By Sammy Sussman of The Michigan Daily. Courtesy Photo. began teaching violin in the university\u2019s School of Music, Theatre & Dance in 1989. Within 48 hours of the piece going live, Shipps, 66, had stepped down from his chairmanship of school\u2019s string department and resigned as director of the Strings Preparatory Academy, a pre-college program at the university. Shipps is currently on leave from the university. Neither he nor his lawyer agreed to speak with Sussman for the piece. Sussman, a native of Bedford, New York and a composition student in the School of Music, had previously written only for the Daily\u2019s art section. When a tip came his way, however, he asked to move temporarily to the news team to look into it. We spoke with Sussman about how his investigation came together. The conversation has been edited for length and clarity student journalist asked her school for records of harassment complaints against teachers. She ended up uncovering a big story. Sign up for CJR\u2019s daily email Email address How did this story come about? Was it through a tip? We were actually investigating a tip about a different professor that had received from a friend in the music school. There\u2019s this online forum called Whisper Network, and the friend said someone had posted there about a professor at the School of Music, Theatre & Dance at the University of Michigan started working on that, and pretty soon someone said should really be looking into Professor Stephen Shipps. This person was able to point me to a victim who quote anonymously in the article. Once we spoke with her it became apparent that this story was pressing. It involved 40 years of allegations and numerous victims from multiple institutions. How long did you spend reporting the story? And what was your process for finding sources and determining how far back in Shipps\u2019s career you needed to go began working on the Shipps story near the beginning of October was lucky that the first source got to was a former student of his from the North Carolina School of the Arts, where Shipps previously taught, named Wendy Olsen Posner, who is quoted by name in the article. She connected us to others, including the person who provided the earliest allegations we published, from 1977, when Shipps was 27. She also knew of an allegation from the mid-1980s. From there, we started looking online. Were there any yearbooks from the North Carolina School of the Arts, for example? And there were. So scanned through those and looked at violin students and then just started cold-calling them to hear if they had anything of relevance to the investigation. In terms of students at the University of Michigan had to do a little research, using records from the school and other documents. There are a couple of people who we spoke with whose senior recital programs, for example, said, \u201cStudent of Stephen Shipps,\u201d but who on their professional biographies neglect to mention him. Throughout the investigation, we cold-called over 50 people. And as we progressed, we were able to be more refined. We knew we were only looking for women, for example. And he didn\u2019t seem to do these things with grad students, it seemed like it was mostly undergrads or high schoolers who he interacted with in summer programs, or in the pre-college program here. The crazy thing is that a lot of the victims knew each other would talk to Maureen O\u2019Boyle, another woman who quote by name, and she would just point me to women farther up the chain. She\u2019d say, \u201cOh, yeah spoke to this person 11 years later, and she also experienced something. And heard he did something to this woman at Michigan whole network existed of people who gossiped about what happened regarding Shipps and tried to tell potential students of his not to study with him because of what happened to them. How did you go about kind of corroborating accusations and the accounts of your sources? There is some degree of corroboration that comes when one victim points to another. As opposed to when was cold-calling people would go into those interviews with a little bit more of a believing mindset. We also tried to call other people, friends and family, who were aware of the allegations at the time. With Maureen O\u2019Boyle\u2019s allegation, in particular\u2014she was assaulted in 1978\u2014we were able to speak to another woman who was not included in the article but who said she was also at the party describe in the piece and was able to corroborate a lot of the details. With another one of the allegations from the North Carolina School of the Arts, we were able to speak to five of the victim\u2019s friends, who all said, \u201cYeah, we were all aware of this. We were in high school then, and we didn\u2019t know who to go to, so we all went to each other.\u201d Sometimes women pointed us to friends they hadn\u2019t spoken to in 20 or 30 years, which think was actually really beneficial because there was distance between the sources would cold-call these people and say heard you were friends with this person in the eighties when you both went to high school together. Can you corroborate that you were aware this was going on?\u201d Then they would say haven\u2019t thought about this in 20 years. But, yes definitely remember that. It was terrible.\u201d Many of the women who accuse Shipps in your piece are cited anonymously or given pseudonyms. Were there internal debates at the Daily about this, or whether or not to move forward with the piece? We had to speak to a lawyer about a potential defamation suit that we were opening ourselves up to, and the anonymous sourcing was definitely a big concern. But we felt once we had reached a certain threshold of allegations, even if many were anonymous, that it pointed to systemic behavior. And in some cases we could really justify the anonymity. We had one allegation within the past five years, for example, from a girl who was 13 at the time. You\u2019re obviously not going to put her name out there. And a lot of people had professional concerns. Some of the allegations come from people in their thirties who studied with him or worked with him in an administrative capacity mean, this guy was the chair of the strings department, the director of a youth program. He ran a summer program in England. He had been an associate dean. He just had way too much power in the music world for a lot of people to consider putting their names to this, even if they wanted to speak with us. Our lawyer tried to push us to get more people to go on the record with their name, but it just got to the point where we weren\u2019t making any progress. We were making more and more calls and getting more and more allegations, but none of them were going to be names attached. We realized we needed to go with what we had. Was there a specific interview or moment in your reporting that clinched this for you, when you became really confident in your article\u2019s conclusions? Early on, a lot of the allegations was getting were second-hand. Then eventually got in touch with a woman who we quote in the article as Anne. Anne sent me her journal entries from when she was 16 think that that really made me realize, you know, there\u2019s a story here quote that think still sticks with me from one of her journal entries is something like, \u201cSome days Shipps was willing to give me a lesson, and other times he just wanted a blowjob.\u201d Reading that in a 16-year-old\u2019s handwriting really put everything in perspective for me, and realized that this was much more than a few uncorroborated allegations\u2014that this spoke to some systemic failures. ICYMI: Meet the journalism student who found out she won a Pulitzer in class Before you this piece, you hadn\u2019t done any kind of news writing, correct? Yeah do classical music reviews for the Daily. (Laughs.) So can you talk a bit about the learning curve you went through pulling this together? When you write a concert review, let\u2019s say, you attend the concert, you keep the program so you can spell people\u2019s names right, and then you just kind of share your thoughts. This was more intense than that. My first draft was only around 2,000 words, and it was mostly secondhand allegations brought that to my editor, Maya Goldman, and she was like, \u201cThis is nowhere near enough. We need this corroborated, we need to see documents, we need to have interviews with victims.\u201d That was a lot to learn. It was an intense experience, too, because of the subject matter. Usually a first assignment for a news writer at the Daily is, like, covering a meeting with the vice provost about a new campus sustainability initiative. So taking this on was maybe a little ambitious think, and learned by trial and error will say that I\u2019ve always loved investigative journalism, but working on something for three months is very different from reading someone else\u2019s work. Do you feel like you caught a bug for it? Is it work you would like to keep doing think so. It\u2019s very difficult to say now. It\u2019s been a stressful experience to see the fallout from my article. In less than 48 hours, Shipps was replaced as the strings chair. He was replaced as the director of the pre-college program. It\u2019s been intense just to walk around school, and think need a little separation before I\u2019ll know if want to do this again. If did investigate something else don\u2019t think would pick something in the music school. It can be quite uncomfortable, you know, to investigate somewhere that also have to\u2014 To be graded. Exactly, yeah. As a student yourself in the School of Music, were you nervous about the potential personal ramifications of pursuing this story? I\u2019m lucky that don\u2019t have any relationship with the strings department, which Professor Shipps chaired until Monday night was definitely worried about how this might affect affect my friendships at the school lot of Shipps\u2019s current students really enjoyed studying with him, and this story is an incredibly traumatic thing for them. It also upset some of my relationships with other professors in the school. There\u2019s been nothing retributive, but have noticed some professors acting differently around me. Some seem like they are a little afraid to have honest conversations with students if I\u2019m in the room. To my knowledge, the music school has never had a student reporter be the first to uncover serious allegations of this nature. Previously, if you look at David Daniels who was also a professor in the School of Music who was put on leave over the summer after allegations of sexual assault, the story first came from an outside publication [the New York Daily News], and then The Michigan Daily picked it up. What feedback have you received? We received some negative feedback from people who had positive experiences with Shipps and maybe wish this hadn\u2019t come out, but haven\u2019t heard anyone arguing that the allegations are untrue or that they don\u2019t believe them think the school community is grateful, given the nature of these allegations, that they were brought to light and that this is something that we can now address. Now, the conversation has kind of moved from me and the Daily and our journalistic credibility toward, you know, \u201cHow should we address this individual, given these claims?\u201d And, \u201cHow can we address the potential institutional failures that led to his hiring and his continued employment here? Are there larger systemic issues that got us to this point, and how should we better address sexual misconduct in music and higher education reporter asked for 20 years of lottery winner data. After analyzing the records, he noticed something unusual. Has America ever needed a media defender more than now? Help us by joining today. Tags and Andrew McCormick is an independent journalist and former Delacorte Fellow. His work has appeared in the New York Times, The Atlantic, the South China Morning Post, and more. Follow him on Twitter @AndrewMcCormck. The voice of journalism, since 1961 About Mission Masthead Privacy Policy Contact Support Become a Member Donate Advertise Contact Us Copyright 2025, Columbia Journalism Review", "8183_102.pdf": "December 13, 2018 Allegations of sexual harassment and misconduct against Michigan violin professor Change font size \u201cAn investigation has revealed previously undisclosed allegations of sexual harassment and sexual misconduct against Stephen Shipps, a violin professor at the University of Michigan,\u201d reads an unsigned Tuesday (12/11) article in The Strad (U.K.). \u201cThe reports brought to light by the Michigan Daily, campus newspaper of the university at Ann Arbor, span nearly 40 years, from autumn 1978 to a University-affiliated summer program in the last five years. They include accusations of unwelcome touching, sexual assault, prolonged sexual relationships with teenage students, and misogynistic and sexist verbal statements. Shipps was hired on 1st September 1989 as an associate professor of music by the university, where he has continued to have a successful career. From 2001 to 2004, h served on the Executive Committee of the School of Music, Theatre & Dance. From 2002 to 2007, he served as the associate dean for academic affairs.\u201d On Tuesday, Shipps stepped down as chair of strings and as director of the pre- college Strings Preparatory Program, according to the Michigan Daily. \u201cNo charges have been brought against Shipps and neither he, his lawyer nor the University of Michigan, have issued any response to the allegations.\u201d Posted December 13, 2018", "8183_103.pdf": "What happened after a of music professor was arrested on sex abuse charges Michigan Public | By Kate Wells Published October 30, 2020 at 4:10 \u2022 11:19 Anna Schlutt / Michigan Radio Thursday morning, on a quiet Ann Arbor street, agents with the U.S. Department of Homeland Security\u2019s Child Exploitation Investigations Unit arrested a master violin teacher and former longtime University of Michigan music professor at his home. Stephen Shipps, 68, was charged with two counts of transporting a minor girl across state lines in 2002, \u201cwith the intent that such individual engage in sexual activity,\u201d according to an indictment unsealed the same morning. In interviews, prosecutors attempt to paint a picture of a man who closely mentored talented female musicians from a young age \u2013 girls and young women who dedicated Donate World Service Michigan Public their whole lives to making it in the competitive, insular world of conservatories and classical music. \u201cWhat's important to know about Steven Shipps is his reach went far beyond the University of Michigan,\u201d Matthew Schneider, the United States Attorney for the Eastern District of Michigan, said in an interview. \u201cHe was a world-renowned professor of violin. And he especially interacted with many, many young girls across the globe.... And so we're really concerned about the fact that there could be other victims out there.\u201d Facing up to 15 years in prison if convicted, Shipps appeared in a Detroit courtroom later that afternoon, wearing a white face mask and a green Oxford shirt, his thick head of white hair bowed. In an arraignment hearing via Zoom, Shipps\u2019 attorney, John Shea, told a federal judge he and his client hadn\u2019t had a chance to discuss the charges yet, since Shipps was arrested just \u201chours earlier.\u201d The judge agreed to reschedule the hearing for next week, and released Shipps on a $10,000 bond with numerous conditions, including that he submit to monitoring and not have contact with minors. \u201cStephen, call me when you\u2019re released, please,\u201d Shea (who later declined to comment on this case) told Shipps. \u201cYour wife is on the way.\u201d The woman who was willing to put her name on the record The same morning of Shipps\u2019 arrest, Associate Professor Maureen O\u2019Boyle was preparing for a packed day of teaching music students at the University of Tulsa. Then she got a call from her sister. \u201cAnd she told me. And then had to go to school, and I\u2019ve been teaching ever since,\u201d O\u2019Boyle said by phone Thursday evening. Two years earlier, the student newspaper theMichigan Dailypublished a bombshell investigation revealing decades of sexual misconduct allegations against Shipps, including O\u2019Boyle\u2019s World Service Michigan Public Credit Michigan Daily The Michigan Daily published its investigation into Shipps in 2018. The same month, the university put him on leave. Nearly two years later, Shipps was arrested. The article was the first time O\u2019Boyle had spoken publicly about what she says happened in the late 1970s, when she was a talented 17-year-old violin student in Omaha, Nebraska. At the time, Shipps had been her mentor, she says, and she\u2019d babysit his daughter and take lessons at his house. Then one night, Shipps sexually assaulted her, she says, after getting her drunk and high. Things changed after that babysat regularly, often spending the night in the spare bedroom,\u201d O\u2019Boyle told the Daily in 2018. \u201cSometimes we had violin lessons; sometimes Steve just wanted a blowjob on the couch.\u201d On Thursday, in Tulsa, O\u2019Boyle recalls being contacted by the Daily during the paper\u2019s investigation into Shipps. The paper needed a source willing to use their full name, she recalls was like, \u2018Oh, yuck. No.\u2019 [And then] what realized is that they were looking for a way to stop something that is still happening now,\u201d O\u2019Boyle recalls. \u201cAnd when saw that [Shipps was still teaching at the time in 2018 was horrified think there was a part of me that somehow thought, \u2018Oh, that must have just been me,\u2019 or don't know, it was such a weird situation. And so to get some information like, no, this is still essentially happening. And the only way to get this article to come out and have some impact is if there's somebody willing to give a name was like that can totally do that. I'm totally going to do it World Service Michigan Public The student reporter who brought down a professor Sammy Sussman learned about Shipps' arrest while he was working the register at a bubble tea cafe in downtown Ann Arbor. His phone started pinging with texts and emails from sources he\u2019d been in touch with ever since Sussman, currently a 21-year- old classical composer and bassist, started investigating Shipps. Credit Https://Sammysussman.Com/Home portrait of Sussman from his website, which features links to his original compositions. \u201cIt\u2019s pretty insane. I\u2019m not really sure that I've had kind of the time to think about it, or that could cogently put it all into words,\u201d Sussman said, walking home from work Thursday afternoon. \u201cAt the time that was doing that reporting was a sophomore in the [University of Michigan] School of Music, [Theater & Dance.] And so would walk by [Shipps\u2019] office World Service Michigan Public every day and watch my female colleagues, some of whom was friends with, go in and out of that office. And would just question if the 40 years of alleged abuse was uncovering was continuing in those lessons.\u201d In October of 2018, Sussman \u2013 who had written for the Daily's art section previously \u2013 began digging into the existence of a 2017 email sent to the then-dean by an anonymous woman. \u201cShe said [in that email allege that experienced statutory rape at the hands of your professor, Steven Shipps. I'd like you to address that,\u2019\u201d Sussman says. \u201cI'm paraphrasing here, of course, and I've reported this. But the University of Michigan took over a year to respond to that email. The University Michigan Police Department finally responded to that email, after they became aware of my reporting in November, about two weeks before it was published.\u201d From there, Sussman worked his way back through Shipps' career, from his time at Omaha in the 70s, to years teaching at prestigious North Carolina music program, to being hired at the University of Michigan in 1989. The sources he spoke to described a consistent pattern: Shipps would take them on as his students, working closely with them in intensive, physically demanding lessons at competitive programs. One college student says Shipps tried to force himself on her. Others, ranging from a middle schooler at a preparatory academy in Ann Arbor to current of faculty, reported unwanted touching and inappropriate sexual remarks. And another woman, called \u201cAnne\u201d in the 2018 piece, shared diary entries she\u2019d made in the 1980s, when she was a 16-year-old student of Shipps\u2019 in North Carolina. Shipps, who was in his 30s at the time, began \u201can ongoing sexual relationship with her,\u201d the Daily reported. As O\u2019Boyle learned of the other allegations, she felt somehow responsible. \u201cIt just really makes me sad that didn't have a way to even attempt to do anything about it at the time,\u201d O\u2019Boyle says. \u201cThat was the thing. For a couple of months really was like: Forty years! Forty years gave him the chance to keep doing that. So then sometimes feel like sort of have a duty to do what can at this point, having done nothing at all World Service Michigan Public The massive piece was published December 10, 2018. That same month, Shipps was put on leave. \u201cThe University of Michigan strongly condemns all sexual misconduct,\u201d University spokesperson Rick Fitzgerald said in an email to Michigan Radio on Thursday. The ripple effects, then and now For Mauren O\u2019Boyle, seeing that article come out in 2018 was a more visceral experience than learning of the criminal charges now facing Shipps. \u201cHim being arrested feels less real than him being taken off campus, you know teach at a university know what every professor\u2019s door looks like: you\u2019ve got stuff on there from like 1983. And the picture that led that headline the day that he was off campus, was a blank bulletin board of a blank door. And that to me was a gut reaction of, \u2018Ok, we\u2019re done.\u2019\u201d \u201cWhether this reprehensible conduct takes place now or took place in the past, it is unacceptable. Stephen Shipps was placed on administrative leave Dec. 7, 2018, shortly after the university learned of these allegations about him. He was instructed at that time to have no contact with students, never returned to campus and retired from the university effective Feb. 28, 2019. The university cooperated fully with the federal investigation World Service Michigan Public Credit Michigan Daily Sussman's article in the Daily, reporting that Shipps would officially retire in 2019. Since her story became public, O\u2019Boyle says she\u2019s received mixed reactions. Women around her age have shared their own similar experiences, she says. But others have brushed it off. \u201cThe men that talked to, men who are friends, are like, \u2018Well don't think that's really that bad,\u2019\u201d O\u2019Boyle says. One told her it sounded like sexual fantasy. \u201cI've had a lot of men react that way.... It was kind of like, \u2018Well, you know, what are you gonna do? You\u2019re a teacher, you\u2019ve got beautiful young students, what are you gonna do?\u2019\u201d \u201cI'm like don't know. You have a violin lesson. That's what do. That's what usually do during violin lessons.\u2019\u201d Sussman says he\u2019s encountered unexpected reactions in his own life, too. \u201cI've also noticed in the music school, I've seen how the way that people interact with me, especially some of our older faculty, has changed in light of this reporting,\u201d he says. Currently, Sussman is taking a year off from school, given how challenging in-person musical training has become during the pandemic, he says. But when the story came out in 2018, Shipps\u2019 removal set off waves of anxiety in the music school, he says. Classical music is not a world that\u2019s welcomed accountability, Sussman believes. \u201cThere was one professor that worked with very closely right around the time this report came out. And he said, \u2018Am next? Are you going to write about me?\u2019 And didn\u2019t know what to say at first,\u201d Sussman says World Service Michigan Public \u201cAnd tried to say, \u2018If start talking to your former students, are there going to be, you know, eight to 10 people who are going to allege sexual misconduct against you? And then 40 or 50 people who are going to allege that they were aware of that misconduct at the time?\u2019 And he said, \u2018Of course not.\u2019 And so there\u2019s such a misperception there.\u201d Tags News University of Michigan sexual assault us attorney Kate Wells Kate Wells is a Peabody Award-winning journalist currently covering public health. She was a 2023 Pulitzer Prize finalist for her abortion coverage. See stories by Kate Wells World Service Michigan Public Latest Stories For-profit company makes deal to reopen northern Michigan prison for immigration enforcement Mich. House passes part of GOP-led education plan Senate leader asks judge to order House to send bills to Whitmer Michigan libraries prepare for impact as Trump moves to eliminate federal library agency World Service Michigan Public says Michigan should assess the Mackinac Bridge for vulnerability to ship collisions Same-sex marriage in Michigan a decade later Related Content Health Study: How Washtenaw County nursing homes responded to COVID-19 outbreaks in April Will Callan, October 18, 2020 Researchers at the University of Michigan say nursing homes might respond better to a second surge of COVID-19 if they have strong formal relationships World Service Michigan Public Education Concerns over of quarantine and isolation housing arise as capacity tops 50% Caroline Llanes, October 19, 2020 On Friday, the University of Michigan's quarantine and isolation housing was at 46% capacity \u2014 a rapid increase from 22% the Monday before, but still a World Service Michigan Public News Washtenaw County orders of students to stay in place for two weeks Tracy Samilton, October 20, 2020 Undergraduate students at the University of Michigan will be required to stay in place for two weeks effective immediately, the Washtenaw County Health World Service Michigan Public Health researchers look at long-term consequences of COVID-19 Will Callan, October 25, 2020 COVID-19 appears to result in lasting physical symptoms, mental health problems, and economic stressors. That\u2019s according to researchers at the University World Service Michigan Public Stay Connected \u00a9 2025 Contact Us Work with Us Public Documents News Former of violin professor arrested, charged with transporting minor for sex Kate Wells, October 29, 2020 Former University of Michigan professor Stephen Shipps was arrested Thursday morning at his Ann Arbor home on two charges of transporting a minor girl World Service Michigan Public Michigan Public Hourly News Contest Rules Privacy & Terms of Use Applications World Service Michigan Public", "8183_104.pdf": "July 31, 2020 Report details decades of sexual misconduct by former provost Philbert WilmerHale's independent investigation also cites university failings By Rick Fitzgerald Public Affairs An independent investigation into the allegations of misconduct by former University of Michigan provost Martin Philbert found that even in his early years as an assistant professor in the School of Public Health, Philbert sexually harassed multiple members of the university community, including graduate students who worked in his lab, and employees. The report says this harassment continued for two decades, including his six years as dean \u2014 when he had sexual relationships with at least three school employees \u2014 and after he was appointed provost. Philbert joined the faculty in 1995. The report by the WilmerHale law firm also says its investigation found instances where the university could have taken more action to investigate Philbert, but it found no evidence that information about Philbert\u2019s alleged misconduct was learned by President Mark Schlissel in advance of Philbert\u2019s selection as provost in 2017. The 88-page report was released July 31 by WilmerHale, which the university\u2019s governing Board of Regents hired to conduct an independent investigation into the matter. It was released to the public at the same time it was shared with university officials. WilmerHale said the firm collected more than 6 million documents and reviewed relevant emails, handwritten notes, materials associated with the dean and provost search processes and other university records. The firm interviewed 128 individuals, some multiple times. Share on WilmerHale report statement Board of Regents statement Report sexual misconduct, discrimination and harassment at Philbert, however, did not participate in WilmerHale\u2019s investigation. He declined to be interviewed and he declined the request to identify witnesses with relevant information or provide relevant evidence. The university says in an initial statement that, as they begin to review the report leaders will do \u201ceverything in our power to prevent such misconduct from ever happening again at the University of Michigan.\u201d In a separate initial statement, the Board of Regents said it would \u201ccarefully review the findings and recommendations presented by the independent investigators. We are committed to taking the specific actions necessary to address the past and move the university community toward a future that avoids situations like those described in this report.\u201d Additionally, the board said, \u201cWe appreciate all who courageously shared their voices to aid in the investigation. We extend sympathy to those affected and continue to feel outrage about what we are learning about breaches of trust.\u201d The report from the experienced team of independent WilmerHale investigators detailed repeated acts of sexual misconduct by Philbert over two decades and cited times when the university failed to take action that may have stopped further misconduct. Among other findings highlighted in the executive summary of the report are: Philbert\u2019s sexual harassment started while he was an assistant professor and continued through his time as provost, a span of two decades. While dean of SPH, Philbert was in sexual relationships with at least three staff members of SPH, including having sexual relations in university offices and sharing explicit photos that Philbert stored on his university-owned devices. For nearly his entire tenure as provost, Philbert was in simultaneous sexual relationships with at least two employees. He engaged in sexual contact with them in university offices, including with one woman on a near-daily basis for a time officials were alerted to his behavior early in his career, but official investigations by the Office for Institutional Equity were not launched. At no point during the provost search process did the search committee as a whole, or Schlissel individually, learn any information about Philbert\u2019s problematic conduct toward women. The president placed Philbert on administrative leave in January, four days after allegations of misconduct were shared with the president. Philbert has never returned to campus. He was removed as provost in March and relinquished his tenured faculty position at the end of June. The university statement, released July 31, said the WilmerHale report contains a \u201cshocking description of improper and unacceptable behavior by a university officer as well as failings by this institution. \u201cWe will thoroughly review the recommendations made by the WilmerHale team. \u2026 Necessary changes to processes and procedures will be implemented promptly.\u201d The statement also acknowledges that many at have worked hard for decades to eliminate sexual misconduct, \u201cbut this report makes it clear that we have much more work to do. \u201cWe are committed at all levels of the university to do whatever is required to address these matters and to support those who bravely step forward to report misconduct and help us make our community safer for all on July 31, 2020 at 3:03 pm sure hope our department learns that their system is woefully a failure. They only even are willing to write down some cases on August 4, 2020 at 12:39 pm As a UMich alum, this is hugely disturbing to see. The clear lack of oversight and seemingly willful ignorance is not surprising, but is shocking. It is not enough to replace the Provost. President Schlissel and those cited in the report should resign, as they did not live up to his duty as a leader of this institution. It is not an excuse to say you did not see the comment about a \u201csexual predator\u201d \u2014 it is their responsibility to see these comments and respond accordingly on August 5, 2020 at 10:13 am Very important story that should lead your email. Not be buried, 3 scrolls down on August 5, 2020 at 10:28 am There is absolutely nothing surprising about this report with regard to the fact that these activities and behaviors occurred by a school official. Based on my experience at the University, it is not at all surprising that Ono will \u2018sustain and strengthen\u2019 its highest traditions Three faculty members elected to serve on Neel U. Sukhatme named new dean of Law School Health completes schematic design of new specialty care center donors rally to support their passions on Giving Blueday such behaviors would be covered up or ignored. It is certainly happening and has happened previously with other staff members on August 5, 2020 at 3:18 pm Clearly, the system is broken. Not only here, at one of the most prestigious universities in world, but also in every other corner of the world. Traits that lead to sexual misconduct/assault doesn\u2019t just happen overnight. My thought provoking question is: when are we really going to focus on education? And don\u2019t mean academic performance and excellence refer to the formation of individuals with admirable values and character. As an alumni and current staff, I\u2019ve seen and experienced disappointing actions by both faculty and students. People like Philbert, David Daniels, and Stephen Shipps would do anything to come up on top. This is extremely shameful. Is this how we become leaders and the best don\u2019t think so want no part in prestigious academia for this reason. You\u2019ll think it is merit but when you uncover cases like this\u2026 you find coercion or nepotism found wonderful, noteworthy people here at the University of Michigan; both faculty and staff. However, there were those that really hurt me had a far better experience at the community college in Miami Dade, Florida. Sometimes really regret coming all the way here. Nonetheless have great expectation for this institution in the years to come. Let\u2019s not ignore this. Conduct psychological assessments. Don\u2019t let people like these be tenured. You\u2019ll be surprised. Go beyond the credentials and GoBlue on August 5, 2020 at 7:04 pm The report is sobering to be sure, especially in how this conduct continued for years, and how what believe to be well-intentioned people managed to overlook it time and again. The fear of the victims was well captured \u2014 the guy\u2019s total lack of compassion and compulsion is truly pathological. However, the report has limits in that much is not discussed: the excessive institutional deference towards a successful full professor (a lecturer would have been fired on the spot), the incredible power a faculty member can have over graduate students in \u201chis\u201d lab, where financial support is tied to the individual advisor came out of the English Department and while there were problems there as well, students could at least drop their adviser and finish their dissertation with a different person and not have their careers destroyed. Finally, it is clear that there was a strong institutional interest in seeing Philbert be successful at the highest level, which blinded people to what must have been pretty apparent very troubling account. School of Nursing receives $2 million grant Want to preserve biodiversity? Go big researchers say Clements acquires vast collection of industrial engineering history study finds time does not drive forest carbon storage \uf360 \uf360", "8183_105.pdf": "Laurie Niles Disgraced Violin Professor Sentenced for Sex Crimes April 14, 2022, 2:02 \u00b7 Former University of Michigan violin professor Stephen Shipps, 69, was sentenced Thursday to five years in prison for transporting a minor girl across state lines with the intent to engage in sexual conduct. In November 2021 Shipps pleaded guilty in federal court to one count of transporting a minor girl across state lines with the intent to engage in sexual conduct, admitting that he in 2002, he drove the then 16-year-old girl from Michigan to New York and engaged in sexual activity with her. Shipps entered the guilty plea as part of a deal with prosecutors that resulted in the dismissal of a similar charge involving the same girl, thus reducing the potential penalties, which could have brought up to 15 years in prison. On Thursday, Shipps\u2019 attorney John Shea requested that Shipps be spared prison time, filing a memo that cited alcohol addiction recovery and caretaking several family members, according to The News&Observer. They also presented 27 letters from his supporters. Prosecutors asked that Shipps receive a 68-month prison sentence, citing accounts of similar abuse from five of his former students. Violinist.com is made possible by... Shar Music Peter Infeld Strings Judd Violins Dimitri Musafia, Master Maker of Violin and Viola Cases Pirastro Strings In addition to the prison time, Shipps will pay $120,000 in restitution and spend three years on supervised release. Shipps taught at the University of Michigan's School of Music, Theatre & Dance from 1989 until he retired in February 2019, following a December 2018 article in The Michigan Daily that described allegations of sexual harassment and sexual misconduct against Shipps that spanned a 40-year time period. At the time of his retirement, Shipps was Chair of the Department of Strings. He was also director of the String Preparatory Academy, a pre-college music program for middle school and high school students. Before coming to Michigan he taught at the University of North Carolina School of the Arts, from 1980 to 1989 will add reactions from members of the violin community following Shipps' sentencing. From Lara St. John, who traveled to Detroit for the sentencing know the scale of the damage he wrought, from ruined careers to mental health issues and even suicides. He altered many lives in a tragic way, so find the prison sentence far too short am glad there is jail time, but he should be locked up for good.\" Stephen Shipps enters the courthouse Thursday, with witness Stephanie Silverman on the right. Photo by Lara St John. Related stories: Retired Michigan Violin Professor Stephen Shipps Pleads Guilty to Sex Charges Former Michigan Violin Professor Stephen Shipps Arrested and Charged with Transporting Minor for Sex Violinist Stephen Shipps Has Retired from University of Michigan Post Juilliard 2025 Starling-DeLay Violin Symposium Los Angeles Chamber Orchestra Colburn Chamber Music Intensive Find a Summer Music Program Violinist.com Shopping Guide Larsen Strings Los Angeles Philharmonic Replies John Alexander April 14, 2022 at 10:11 \u00b7 Tragic. What a monster don\u2019t think the punishment is severe enough. Paul Deck April 15, 2022 at 12:24 \u00b7 The revelation that he was in his 20s when he was already about this business of raping students means that he made a whole career of it. Also, I'd rather not look as his picture. Mary Ellen Goree April 15, 2022 at 01:45 \u00b7 I\u2019m appalled that 27 people wrote letters in support of this monster. He should have received a life sentence, since that\u2019s what his victims got. Neil Poulsen April 15, 2022 at 02:21 \u00b7 Uff-da james hutton April 15, 2022 at 06:40 \u00b7 Here we go again!!! What the hell is it with these people who think they have the right to get away with this abhorrent behavior? Like of the others who have committed these crimes around the world, the sentences are never enough. These people should never ever be allowed to be given positions of power, authority, influence over pupils..... Thank God my teacher Herbert Whone was a decent human being who could be trusted and respected in every way possible. Unfortunately, predators come in all walks of life, though the classical music world seems to have more than others, what gets me is that a lot of the so called elite music schools and establishments employ these people and give them a platform from which to preach and then go on to abuse their positions of trust and authority Academy Bobelock Cases Violin Lab Barenreiter Bay Fine Strings Violin Shop FiddlerShop Fiddlerman.com Johnson String Instrument/Carriage House Violins Southwest Strings Metzler Violin Shop Los Angeles Violin Shop Violin-strings.com Nazareth Gevorkian Violins Discover the best of Violinist.com in these collections of editor Laurie Niles' exclusive interviews. Violinist.com Interviews Volume 1, with introduction by Hilary Hahn What a shame it is that many aspiring young and vulnerable musicians have to collide with these monsters, they should be jailed for whole life, no excuses ever!!!! Dimitri Pappas April 15, 2022 at 03:05 \u00b7 5 years sentence for a lifetime of atrocity. 21 letter writers supporting him publicly. And then we wonder why victims don\u2019t come forward. George Storm April 16, 2022 at 05:47 \u00b7 Forty years ago known monsters were simply 'moved on' - not just in the catholic church but also in teaching. Professions where you get one-on-one contact attract these monsters. They also give people where it is all too easy to develop into a monster should they have that tendency - and this includes some who wouldn't specifically seek out such an environment . To my mind, prevention is far more important than punishment. And this is a major problem - especially as counselling services are equally vulnerable. This article has been archived and is no longer accepting comments. Violinist.com Interviews Volume 2, with introduction by Rachel Barton Pine email address Subscribe", "8183_106.pdf": "\u2013 Schembechler Hall on the University of Michigan Campus in Ann Arbor, Mich., is shown May 14, 2021 former University of Michigan violin professor has been sentenced to five years in prison after pleading guilty to transporting a girl across states lines for sex federal judge who sentenced 69-year-old Stephen Shipps on Thursday, April 14, 2022 also ordered the Ann Arbor man to pay $120,000 in restitution Photo/Paul Sancya, File) Posted: Apr 15, 2022 / 08:18 Updated: Apr 15, 2022 / 09:04 This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated former University of Michigan violin professor has been sentenced to five years in prison after pleading guilty to transporting a girl across states lines for sex. 60 Ex-Michigan music professor gets prison on child sex charges federal judge who sentenced Stephen Shipps, 69, on Thursday also ordered the Ann Arbor man to pay $120,000 in restitution to his victim, federal prosecutors said. Shipps offered an apology and his lawyer had asked for no prison time. Shipps pleaded guilty in November to one count of transporting a girl across state lines with the intent to engage in sexual conduct. The charges allege that he took the girl across state lines several times between February and July of 2002 with the intention of having sex with her. The girl was born in 1985, according to court documents. Shipps\u2019 indictment in October 2020 and arrest in Ann Arbor came two years after the university placed the longtime professor on paid leave after former students accused him of sexual misconduct while he taught them in the 1970s and 1980s in Nebraska and North Carolina. James C. Harris, III, acting special agent in charge of Homeland Security Investigations in Detroit, said he hopes Shipps\u2019 sentence \u201csends a powerful message to others in positions of trust that if you prey on the vulnerable you will be held accountable for your actions.\u201d The University of Michigan has faced intense scrutiny over how it protects people on the campus from sexual misconduct. The school was rocked by allegations that began to publicly surface in 2020 from hundreds of men who said they were sexually assaulted by the late Robert Anderson, who was a campus doctor for nearly 40 years. He died in 2008. In January, the school announced a $490 million settlement with Anderson\u2019s accusers. Shipps taught at the University of Michigan\u2019s School of Music, Theatre and Dance from 1989 until his retirement in 2019. He also directed a preparatory program that offered musical instruction to children. Shipps also served on the faculties of Indiana University, the North Carolina School of the Arts, the University of Nebraska\u2013Omaha, and the Banff Centre in Canada, federal authorities said > Next > Cancel \u2715 Next story in > Cancel Next story in Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed Cooper\u2019s Bar-b-q offers free concert tickets through \u2026 One confirmed dead following San Angelo house fire issues alert for possible AI-powered scams > Next > Next story in > Next story in Top Stories After breaking fast, volunteers use Ramadan as an \u2026 States team up to defend green transportation projects \u2026 Progressive icon Barbara Lee wants to be mayor of \u2026 George Foreman, boxing legend and grill mogul, dead \u2026 Trump backs Wisconsin Supreme Court candidate in \u2026 Texas lawmakers look to combat hidden ticket fees Texas man extradited from Mexico pleads guilty to \u2026 Japan host talks with China and South Korea More Stories Schertz shooting suspect f d i Ed ft t d ff City of Brady warns of survey ConchoValleyHomepage.com Video > Next > Next story in > Next story in Mission Applications Public Profile Public File Nexstar Certification Report About Our Ads Public File Assistance Contact More Videos > Next > Next story in > Next story in Mission Applications Public Profile Public File Nexstar Certification Report About Our Ads Public File Assistance Contact Get News App Stay Connected > Next > Next story in > Next story in 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", "8183_107.pdf": "Violin professor sentenced to five years in jail 19 2022 Violinist Stephen Shipps received his sentence last Thursday for sexually exploiting a minor 20 years ago Violinist Stephen Shipps, a former chair of the department of strings at University of Michigan School of Music, has been senteced to five years in federal prison for child exploitation. Stephen Shipps The sentencing follows his trial last November, at which he pleaded guilty to transporting a 16-year-old girl across state lines for sex in 2002. The 69-year-old has also been accused of preying on and abusing at least nine minors who were his violin students and babysitters for his children. Using alcohol and drugs to influence his victims, assistant attorney Sara Woodward called Shipps \u2018a coercive abuser\u2019 \u2019For decades, Shipps had inappropriate and damaging sexual relationships with his students. The seriousness of his crimes cannot be overstated. Shipps inflicted extensive emotional harm upon (the victim) and other teenage girls that stayed with them for the rest of their lives. \u2019He stole (her) adolescence, and the adolescence of his other victims.\u2019 Shipps will also pay $120,000 in restitution. Read: Violin professor pleads guilty for sexually exploiting a minor Reported in the Detroit Free Press, one woman stated, \u2019No person is all good or all bad. But Shipps, an excellent violin teacher, was also a wolf in sheep\u2019s clothing. He intentionally set a trap for me \u2014 one he knew wouldn\u2019t see because was a kid and no match for a seasoned predator.\u2019 The victim\u2019s impact statement was read at Shipps\u2019 sentencing. Apologising at the sentencing, Shipps said have broken the law and acknowledge that think more relevant is that my actions have caused harm am sorry for having been a bad citizen, but I\u2019m even more sorry for hurting (the victim) in that process. I\u2019m trying to make amends as best can and will continue to do so.\u2019 Acknowledging his struggle with alcoholism, he continued, \u2019It took too long, but over the last couple of decades I\u2019ve learned a lot about myself. Some of that has been through finding faith, and some of it has been through getting sober \u2014 which was very much a function of my finding faith have tried to use those insights to be a better person, and will definitely continue doing that as well.\u2019 From 1989 to 2019, Shipps was employed as a violin professor by the University of Michigan School of Music, Theatre and Dance. He was also director of the String Preparatory Programme, which offered coaching to young musicians, and served on the faculties of Indiana University, the North Carolina School of the Arts, the University of Nebraska \u2013 Omaha, and the Banff Centre in Canada. He also taught students at summer music programmes in the Czech Republic, Germany and the United Kingdom. Following publication of his sexual misconduct in the university\u2019s paper the Michigan Daily, Shipps was placed on leave in December 2018. He retired from the University of Michigan in 2019. Read: Former violin professor arrested on charges of sexually exploiting a minor Read: Michigan violin professor is on leave following allegations Read: Luthier and daughter tortured and killed over Stradivari violin collection", "8183_108.pdf": "Violinist Stephen Shipps Pleads Guilty to Sexual Coercion Charges The former University of Michigan violin professor pleaded guilty to transporting an underage girl across states lines for sexual relations Shipps, now aged 68, previously held a teaching position at the University of Michigan since 1989 \u2014 and served as Faculty Director of the University's Strings Preparatory Academy pre-college program. According to the Associated Press, Shipps was indicted in 2020 on charges of \u201ccoercion of enticement of a minor female.\u201d As reported by multiple sources, on November 16, Shipps pleaded guilty to transporting a girl under the age of 18 across state lines \u2014 on multiple occasions between February and July of 2002 \u2014 with the intention of having sexual relations with her. The U.S. attorney\u2019s office in Detroit said that upon sentencing, he will face up to 15- years in prison. He is scheduled to be sentenced on February 17, 2022. The indictment and arrest came two years after allegations of sexual harassment and misconduct were leveled at him by a number of past students. The accusations, published in the Michigan Daily campus newspaper in December 2018, included reports by numerous female students of alleged unwelcome touching, sexual assault, and ongoing sexual relations with teenage students. Ships retired from the University of Michigan in March 2019, after originally being put on paid leave by the administration. He has also served on the faculties of Indiana University, the North Carolina School of the Arts, the University of Nebraska\u2013Omaha, and the Banff Centre in Canada. by The Violin Channel November 17, 2021 2 TAGS: Stephen Shipps, University of Michigan"} |
7,571 | James J. Cooksey | Spaulding University | [
"7571_101.pdf",
"7571_101.pdf"
] | {"7571_101.pdf": "Psych Crime Reporter May 3, 2011 Spaulding University psychologist James Cooksey suspended for violation with supervisee Filed under: psychologist \u2014 Psych Crime Reporter @ 11:47 am On March 7, 2011, the Commonwealth of Kentucky Board of Examiners in Psychology suspended James J. Cooksey for one year with nine months of the suspension probated for three years. According to the Board\u2019s Final Order, Cooksey was found to have exercised undue influence in such a manner as to exploit a student or supervisee and to have committed incompetence or negligence in the practice of psychology. Specifically, the Board found that Cooksey engaged in inappropriate personal discussions with a supervisee, as well as inappropriate physical contact (a massage) with the supervisee, to gratify his own personal emotional needs. Following his three-month suspension, he is not permitted to supervise any student or anyone providing psychological services and must be supervised in his own practice for at least two years by a Board-appointed psychologist supervisor. He is also required to pay penalties to the Board totaling $1,250 for his violations and must also pay the Board its costs for the disciplinary proceedings against him. Source: Final Order of the Board, Kentucky Board of Examiners of Psychology vs. James J. Cooksey, Ph.D., License Psychologist No. 309, Agency Case No. 09-08, Administrative Action No. 10-KBEP-0143. Comments (2) 2 Comments \u00bb 1. Note to all readers, Psych Crime Reporter is a front for the Church of Scientology, well known for it\u2019s virulent attacks on mental health professionals. Psych Crime Reporter spreads hatred, misrepresentations, and skewed, selected reports of mental health professionals in an attempt to discredit those who attempt to help others. There is nothing objective or unbiased about this organization. Comment by Kenneth Roberson \u2014 June 23, 2011 @ 9:37 pm | Reply 2. Dear Ken only post your comments to show our readers that 1) that we are not afraid of being identified with Scientology and 2) how empty your protests are. Close and accept Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy Anyone with an in the triple digits can see that Psych Crime Reporter does not editorialize or inject \u201chatred\u201d into the stories we post. In fact, the majority of stories we post are verbatim reprints from the source (newspapers\u2019 online sites and state health care licensing boards). Do you write to the licensing boards and newspapers who publish such stories/documents and accuse them of being a front for Scientology and of spewing hatred and lies doubt it also have no doubt that you got into your profession with an intention to help people. The problem is that psychology and psychiatry are not medical sciences; they are subjects rife with opinions and \u201cmethods\u201d which do not uniformly produce good outcomes. You can\u2019t help everyone with faulty tools. Somewhere behind your protests and defenses, you probably are confused why all this education you have has not resulted in uniformly successful outcomes for your patients. And, if that\u2019s true, you certainly have a right to be confused. And angry. Someday, one of your ranks is going to wake up and smell the coffee, realize they\u2019ve been betrayed by their alma mater, which educated them in a \u201cscience\u201d which does not produce uniformly good outcomes, and sue the school. Comment by Psych Crime Reporter \u2014 June 23, 2011 @ 10:06 pm | Reply feed for comments on this post. TrackBack Leave a comment Log in or provide your name and email to leave a comment. Email me new posts Instantly Daily Weekly Write a comment... Email (Address never made public) Name Website (Optional) Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy Email me new comments Save my name, email, and website in this browser for the next time comment. 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7,345 | James O’Toole | Gateway Community College | [
"7345_101.pdf",
"7345_101.pdf"
] | {"7345_101.pdf": "Gateway Community College Math Teacher Sent Inappropriate Messages to Student: Police Published May 4, 2017 \u2022 Updated on May 5, 2017 at 11:42 am part-time math teacher at Gateway Community College in New Haven is accused of sending inappropriate text messages and Instagram messages to one of his female students and he has been placed on administrative leave from his job as director of mathematics in Hamden Public Schools. James O'Toole, 44, of Cromwell, was arrested and charged with second-degree harassment on Tuesday. 0:00 / 2:07 Watch 24/7 Weather Blog Trump Administration Reckless on our Roads Local Imp\u2026 The superintendent of schools in Hamden said O'Toole has been the school district's director of mathematics for the past three years and has been placed on administrative leave pending the outcome of the human resources department's investigation. According to New Haven police, the 18-year-old victim went to authorities in November 2016 and said she had been receiving unwanted, sexually explicit messages from an anonymous sender. She told police she had been receiving the messages since mid-September. After a six-month investigation, police determined the messages were being sent by O'Toole, the victim's math teacher at Gateway statement from Gateway Community College says O'Toole taught one college-prep math course per semester at Gateway Community College per semester and has been \"relieved of his duties protective order has been issued that forbids him from returning to campus in the future. Hamden Supt. Jody Ian Goeler said the investigation does not include any Hamden Public School students or staff. Local Sunny with temperature near 50 Friday New smoke shop rules regulate location, licenses in New Haven Connecticut went to O'Toole's home and there was no answer. Weather Forecast 1 9 48\u00b0 Partly Cloudy/Wind 0.28% Precip 32 60 Public Inspection File Accessibility Employment Information Applications Privacy Policy Cookie Notice Terms of Service Advertise with us Send Feedback Notice Ad Choices Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved"} |
8,664 | Christopher Grobbel | Michigan State University | [] | {} |
8,384 | Charles Lyman | University of South Florida – Tampa | [
"8384_101.pdf",
"8384_102.pdf",
"8384_101.pdf",
"8384_102.pdf"
] | {"8384_101.pdf": "20 day suspension for verbal comment. Citation SOLOV; of The Tampa Tribune. (August 20, 1997, Wednesday,). Ex student says professor's punishment too lenient. The Tampa Tribune (Florida). Retrieved from com.proxy1.cl.msu.edu/api/document?collection=news&id=urn:contentItem:3SD5- N700-0094-04K8-00000-00&context=1516831.", "8384_102.pdf": "Remark was more clever than crude, but still a problem By Published Aug. 14, 1997 | Updated Oct. 1, 2005 This is a story about art and sensibility, so right away you know everybody will find something in it that they find offensive. You could for instance get offended about some of the art I'm going to discuss. One piece of it depicted a guy's thingamajig. His skippy. His manliness. His one and only never did see this artwork, so can't tell you if the rendering of the guy's thingamajig was accurate or abstract, although got the feeling from what happened next that the picture was realistic. In other words, everybody who saw it knew the thingamajig was a thingamajig. Finally, somebody _ a professor, don't you know, the sort normally inclined to call things by more words than they need _ called the object portrayed in this work by its rightful name. The professor, Charles Lyman of the University of South Florida, uttered this name into the ear of one of his female students. Lyman, who teaches filmmaking, pointed out that the picture of the _ oh, hell, if he said it can say it _ penis was hanging next to another piece of artwork. This Donate Menu Subscribe Subscribe We'd like to send you some notifications Notifications can be turned off anytime from browser settings Allow Dismiss other one showed the female student. So Lyman, being a wag, told his student saw you hanging next to a penis yesterday.\" The student complained has decided to suspend Lyman for 20 days without pay for sexually harassing the student, Rebecca Gallagher. And Lyman has filed a grievance against the university through the faculty union. This story hit the papers this week. Truthfully breezed through it the first time and turned the page. On to the news about mass murder at the mall or some such figured: If a man acts like a jerk toward a woman over whom he has authority, he gets whatever they dish him. Then a man know shoved the story under my nose. He's an okay guy, not one to run around calling women babes and making pronouncements on their shapes. Whatever he thinks, he keeps it to himself. That's usually enough for me. Human nature, particularly male human nature, is capable of only so much reform. The professor was getting a raw deal, the nice guy said. It was run amok. So went the nice guy's _ if may use the phrase in this context _ come-on to get me interested in writing about Charles Lyman's suspension. As said, this other man is okay, and work for him, to boot. So did my best to listen. Wasn't the professor just stating a fact about what he'd seen, this other man asked? What if Lyman was just bad at making jokes? This other man sounded so reasonable. He always does. And it was true. Lyman could have done worse. Donate Menu Subscribe Subscribe We'd like to send you some notifications Notifications can be turned off anytime from browser settings After a baby was born in a hurricane shelter, a witness is left wondering Nov. 19, 2024 \u2022 Hurricane Hurricane Helene to keep Tampa Bay area schools closed Friday Sept. 26, 2024 \u2022 Hurricane More Florida faculty still looking to leave the state, survey shows Sept. 18, 2024 \u2022 Archive Drivers could cross the new Howard Frankland in six months. Here\u2019s what\u2019s left. Aug. 12, 2024 \u2022 Transportation What to expect from the Lightning at trade deadline March 3, 2024 \u2022 Sports Tampa council approves $14 million to settle wrongful conviction lawsuit over 1983 murder Feb. 15, 2024 \u2022 Tampa When he remarked upon that picture of his student, he could have said he really liked her boobs. He could have asked if they were real. But guys who talk about a woman's upper story to her face get into trouble right quick. And the professor, being a professor, is no dummy. You could even call him clever. He apparently thought he found a way to talk about what he wanted _ sex _ without getting in trouble. It was as though he banked on his student not being bright enough to catch on. Then she did, poor guy. Now, I'm as opposed to as your average right-winger. Perhaps the professor shouldn't be punished for sexually harassing his student. Maybe should dock his pay for insulting her intelligence. Donate Menu Subscribe Subscribe We'd like to send you some notifications Notifications can be turned off anytime from browser settings Florida makes it official: Universities to drop sociology as a core course Jan. 24, 2024 \u2022 Archive Pete Alonso\u2019s Battle for the Bay knocks giving back out of the park Jan. 22, 2024 \u2022 Photos Tampa woman charged after 3 puppies found in dumpster, police say Dec. 26, 2023 \u2022 Breaking News \u2018Three Little Words\u2019 series raises ire Nov. 30, 2021 \u2022 Archive 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 Donate Menu Subscribe Subscribe We'd like to send you some notifications Notifications can be turned off anytime from browser settings Shop Champa Bay Shop Bucs Hardcover Book Lightning Hardcover Book Photo Reprints Article Reprints Article Licensing Historic Front Pages Meeting Backgrounds More News in Education Expos Homes Sponsored Content Special Sections Apps Podcasts Archives \u00a9 2025 All Rights Reserved Times Publishing Company Privacy Policy Menu Subscribe Subscribe We'd like to send you some notifications Notifications can be turned off anytime from browser settings"} |
7,215 | Eric Susser | Arizona State University | [
"7215_101.pdf",
"7215_102.pdf",
"7215_101.pdf",
"7215_102.pdf"
] | {"7215_101.pdf": "One morning last spring, Becca Smouse, a first-year student at Arizona State University's Barrett, The Honors College, jumped in her car and headed to Tempe for her intensive freshman seminar course, the Human Event. The Human Event in many ways is the linchpin of Barrett's programming. It covers an ambitious... One morning last spring, Becca Smouse, a first-year student at Arizona State University's Barrett, The Honors College, jumped in her car and headed to Tempe for her intensive freshman seminar course, the Human Event. The Human Event in many ways is the linchpin of Barrett's programming. It covers an ambitious topic -- the history of human ideas -- and is designed to challenge how students think through intensive reading, writing, and discussion. Through the Human Event class and subsequent study-abroad trips, Barrett students begin to form the strong relationships with professors they will need as they move on to become teaching assistants and interns, to seek supervisors for their honors theses, and to apply for graduate school and jobs. The class is important, and so are the relationships it helps students to form. But that March day, Smouse and her classmates found an unexpected note on their classroom door. It informed them that their professor, Dr. Joel Hunter, wouldn't make it in that day, or for the rest of the week. Smouse found the message odd, especially because Hunter usually was very communicative and it was unlike him to let students come all the way to campus just to find out that class was canceled. \"Why didn't he just e-mail us?\" she wondered. Turns out, Dr. Hunter was never coming back substitute arrived the next week, and students were told that Hunter wouldn't return that semester. Smouse says she and other students were worried about him at first Barrett, the Honors College at ASU, Is a Close-Knit Community; Some Say Too Close By Ashley Cusick January 7, 2015 Listen to the article now 1.0x Audio by Carbonatix Privacy Policy Then, rumors began to swirl. Jokes about Hunter getting fired for sleeping with a student soon turned into campus-wide gossip. But Barrett's administration remained silent. Smouse says she was disappointed in the lack of transparency, especially given the tight-knit nature of the school. And she began to hear another rumor: This wasn't the first time something like this had happened at Barrett. When an anonymously written blog post confirmed the gossip about Hunter, Smouse, a young journalist in training, responded the only way she knew how. She wrote about it, in an April 14 opinion piece for ASU's campus newspaper, The State Press. \"Unfortunately, the professor's controversial dismissal seems to have been left largely untouched by Barrett administration,\" she wrote. \"Rumors buzzing and parental concerns rising, the spotlight is shining brightly on the college's lack of acknowledgement. Many also see firing the professor as a cop-out, simply sweeping the problem under the rug of Barrett embarrassments. By cutting out the professor, it seems the college hoped to avoid confronting the situation all together.\" Turns out, sweeping Barrett's troubles under the rug hasn't been so easy. One of Rebecca Smouse's Barrett classmates, Jane -- who asked to not be identified by her real name -- also was disappointed in the school's response. But Jane wasn't just a student in Joel Hunter's class. She also was his lover. In an April 10 blog post for a website called Sun Devils Against Sexual Assault, Jane laid out details about her relationship with Hunter, the process of reporting him to the school, and his subsequent dismissal. In the first 72 hours after her post was published, an attached petition calling on Barrett's dean to fire predatory professors collected more than 400 signatures. \"For the past 15 years, ASU's Barrett Honors College has been home to professors who sexually harass and sexually abuse students,\" the petition says. \"While romantic relationships between professors and students may seem consensual, the imbalance of power makes these relationships inherently coercive and abusive.\" Today, the petition has more than 1,000 signatures. Jane's story is not unique Privacy Policy In the past few years, Barrett has terminated the contracts of at least three professors who engaged in sexual relationships with students. Joel Hunter and Dr. Eric Susser were told their contracts were not being renewed after they admitted to violating ASU's student-professor relationship policies, and Dr. David Conz committed suicide after his contract was dropped when a student reported he'd given alcohol to the Barrett freshman he was dating. Police records, documents given to New Times by involved students, and reports by other media outlets confirm the terminations. But some say the number of Barrett faculty members skirting the rules -- and whose contracts may have been dropped -- actually is far higher. Barrett administrators aren't talking, but Mark Johnson, an spokesman, replied on their behalf. \"Such relationships are inappropriate and do not comport with how we expect members of the faculty and lecturers to behave,\" Johnson says, \"and when such relationships are brought to our attention, appropriate steps are taken.\" In a three-month investigation of the issues at Barrett, New Times interviewed former and current Barrett students and staff and reviewed hundreds of pages of internal university documents, written student testimonials provided to the government in a formal complaint, and police reports president Michael Crow did not respond to an interview request. Many of New Times' public records requests -- asking for everything from personnel files to police reports on these and other cases -- went largely ignored or unfilled. Much is still unknown. But one thing is clear: Inappropriate student-professor relationships at Barrett have been a poorly kept secret for years has, in fact, had its share of troubles when it comes to sex. In May 2014, just a few weeks after Jane's blog post was published, the U.S. Department of Education's Office for Civil Rights made an unprecedented move: It announced the names of all schools being investigated for possible violations of Title IX, the federal legislation dictating how sexual violence and harassment complaints should be handled at schools that receive federal funding was on the list of 55 schools Department of Education spokesman says the Office for Civil Rights is still investigating the university, but he did not provide further details. For the most part, the problems at have been linked to two worlds where these issues are better known: fraternities and athletics previously settled federal lawsuits dealing with the university's responses to two alleged sexual assaults, one involving a football player and the other a member of the Sigma Chi fraternity. But a Title complaint filed in June 2014 by Jasmine Lester, a former Barrett student, asks the Office for Civil Rights to focus on a different sexual abuse problem on campus: that of professors sleeping with their undergraduate students Privacy Policy At Barrett, and across all of ASU, professor-student relationships are banned in certain contexts, like when a student is currently in a professor's class or when a professor is supervising a student's thesis. But this policy still allows room for involvement between professors and students. And particularly at Barrett, which educates more than 5,000 of ASU's nearly 60,000 undergraduates, there have been repeated issues with professors skirting -- sometimes, even defying -- the rules. Prestigious universities across the nation have drawn much harder lines in regard to such relationships. In 2010, Yale University banned faculty members from forming relationships with any undergraduate students, noting in its updated policy that undergrads \"are particularly vulnerable to the unequal institutional power inherent in the teacher-student relationship.\" In 2013, the University of Connecticut implemented a similar ban. Last fall, ASU's faculty senate debated whether to replace its own policy with an outright ban on professor-undergraduate relationships. At a senate meeting in November, Cynthia Tompkins, chair of the committee drafting the proposed policy changes, referenced the scope of ASU's problem. She said at least 20 faculty members across have been dismissed for having inappropriate sexual relationships with students in recent years hasn't provided the exact number of dismissals stemming from Barrett or elsewhere. \"We do not keep a running tally of faculty who are disciplined for [relationship policy] violations,\" a spokesman says representative from the university office charged with investigating these policy violations wouldn't comment on how many investigations she has conducted. But when was named on the list of schools under federal review, Michael Crow did speak to The State Press' editorial board, and he addressed the problem at Barrett. Student journalist Nicholas Palomino Mendoza reported on May 7, 2014, that Crow said he was aware of \"reports of inappropriate sexual conduct between Barrett faculty and students.\" \"If it's consensual in a sense of the way that the law looks at things,\" Mendoza quotes Crow as saying, \"then it is inappropriate from the perspective of how we expect our faculty members or our instructors to behave.\" \"There have been professors in relationships with students, and when we find out about it, they are all fired,\" Crow told the paper. The revisions to ASU's professor-undergraduate relationship policy would aim to switch the school's focus from reactive to proactive, and from firing violators to improving the culture around these relationships on the front end. At the first reading of the proposed revisions in early October, Helene Ossipov, president of the faculty senate, made clear what the policy changes would mean Privacy Policy \"To put it rather bluntly,\" she said students are not part of your dating pool.\" Barrett, the Honors College, is a school within a school. Admissions documents say Barrett consists of \"living-learning communities\" of academically driven students from across ASU's four campuses. Barrett is where the cream of the crop goes to be educated. Barrett marked its 25th anniversary in 2013. The University Honors College was granted official status in 1988, when it became the first residential honors college in the nation. It was renamed for former Intel Craig Barrett and his wife, Barbara, a former ambassador to Finland and Arizona gubernatorial candidate, after they endowed the school with a $10 million gift in 2000. The college has undergone great growth in recent years, with its current student body size rivaling its alumni population. In its admissions literature, Barrett distinguishes itself from the wider university. Though the majority of students were in the top 25 percent of their graduating high school classes, for example, most Barrett students were in the top 10 percent. One year, students donned T-shirts that read \"_arrett, the Honors College. We don't get B's.\" All of Barrett's honors faculty fellows hold Ph.D.s, and the school boasts a 15-to-1 student-faculty ratio, small in comparison to ASU's ratio of 22-to-1. Students, sometimes called \"The Commas\" in a reference to the school's stuffy title, almost universally refer to Barrett as tight-knit. The college's largest campus is at the corner of Apache Boulevard and Rural Road in Tempe, neatly tucked behind a set of iron gates on ASU's central campus. The Barrett campus is fully enclosed, and were it not for some classes they take elsewhere, Barrett students practically could spend their college lives there. Students are, in fact, expected to live on campus for at least their first two years. Barrett's central campus is reminiscent of the exclusive private schools Barrett emulates. It's got everything but the ivy and, indeed, references to the Ivy League (Harvard of the Southwest, anyone?) are not uncommon. Some students jokingly refer to the campus as \"The Nerd Cage.\" Outside, students gather in groups and study in solitude on the sandstone benches surrounding Barrett's green lawns. There's an outdoor fireplace for cold-weather gatherings and a volleyball pit. Inside, Barrett's buildings serve multiple purposes, reflecting the insular nature of the Barrett community. One can find professors' offices, student dorms, and classrooms interspersed throughout any given structure. In the Honors Hall -- in many ways, the hub of Barrett life -- there's a gym with flat-screen TVs and elliptical machines, a spiral staircase leading downstairs to a coffee shop, and a recreational area with ping-pong tables Privacy Policy There's also the beautiful Refectory, or, as students call it in a reference to Harry Potter's Hogwarts, the Great Hall. On a Friday afternoon in December, one student casually played the grand piano as others sat at long tables with high-backed chairs and feasted in the hall's wood-paneled dining room. In an adjacent hallway, photographs of Barrett students who went on to win prestigious fellowships line the walls: 185 Fulbright scholars, 52 Marshall scholars, 54 Goldwater scholars. The list goes on. Barrett students major in any field they choose, taking classes in the disciplinary college of their choice. One student says there can be tension between Barrett and the rest of ASU, in part because of the special privileges afforded to Barrett students. Barrett students get to register for classes before others, for example, and sometimes are offered special courses the general population can't take. This includes the Human Event, a mandatory two-semester seminar taken during freshmen year. Barrett freshmen may take a different professor for each semester of the intensive course, but they are encouraged to stick with one. They also are encouraged to participate in for-credit, study- abroad trips with their professors during the summer after the course finishes. The Human Event is \"a wonderful course to get students into the idea of working closely with a professor,\" says a former staff member who asked to not be identified. But she says she also believes the class has contributed to the problem of too-close professor-student relations. \"Because it was so friendly,\" she says, \"if you had any faculty members who were not terribly ethical in how they related to youngsters, it was a situation in which they could take advantage.\" With these professors, sources tell New Times, office hours turn into intimate meetings. Examination of the ancient Greeks may have an odd focus on the sexual relationships between mentors and mentees. Trips abroad are fueled more by alcohol than by learning. To many, Barrett's very structure, intended to create a close learning community for students and professors alike, has instead become something sinister: a way for predatory teachers to grow close to -- sometimes, even sexually -- the young and ambitious students in their tutelage. Jane first was drawn to Barrett because of its strong sense of community. She enrolled in the school in 2012. Her story unfolds in her blog post, interviews and e-mails with New Times, and a pile of documents she provided to the government in a Title complaint against ASU. The documents include Jane's personal e-mails and text messages as well as copies of e-mails she received from detailing the investigation into and eventual dismissal of Dr. Joel Hunter. Hunter, a Barrett faculty member since 2008, admitted to the university and to New Times that he violated ASU's professor-undergraduate relationships policy before his contract was dropped Privacy Policy On his personal website, Hunter lists the many awards he won during his time at Barrett, including accolades for teaching excellence, academic service, and faculty mentoring. Since he left the school, Hunter also has posted a lengthy student tutorial on how to succeed in Barrett's difficult freshmen seminar course. \"It is best to err on the side of formality,\" he wrote in a late September post focused on how to best communicate with one's Human Event professor. These professors are \"incredibly friendly and funny, yes,\" he writes, \"but they are not in your peer group.\" It seems hindsight is 20/20. By the end of Jane's fall semester in Hunter's Human Event class, she and the professor had grown close. In December 2012, Hunter e-mailed Jane, asking her to interrupt a meeting so it wouldn't drag on. \"Plus would get to see one of my favorite Human Event students twice in one day,\" he wrote. Jane signed up to take Hunter's class again in the spring. By January 2013, the two began getting together regularly for meetings and meals. Soon, they were texting, and by early February, their texts hinted at a sexual relationship. Some texts reference a trip the two took to a local park, where Jane says Hunter provided her with alcohol and massaged her, suggesting that doing so would be easier if she didn't have clothes on. They spent the afternoon kissing few weeks later, Hunter texted Jane about 2 a.m. from a Harry Potter conference he was attending in Albuquerque: Joel: get your ass to albuquerque now dammit just closed down the hotel bar with a harry potter student of mine who will not, i'm sure of it, sleep with me. All alone am i . . . Jane alleges that Hunter shared with her sexual fantasies about other Human Event students and said he'd fallen in love with a student before. The two went on to have a covert sexual relationship -- aside from the clear violation of policy, Hunter was married with children -- having sex in cars, in Hunter's office, and in parking garages around campus. Jane says Hunter gave her extensions on schoolwork because of their relationship. In their talks, interspersed with innuendo, was conversation about Jane's future. Texts from the day after their trip to the park: Jane: How is my letter of recommendation coming Privacy Policy Joel: It'll be done this afternoon. And an hour later: Joel: Letter submitted electronically. They won't be able to give you the scholarship quickly enough . . . Jane: You mean don't get to read it? Noooooooooooooo Joel: I'll share it with you later. It's totally hot. Then, in April of Jane's freshman year, Barrett Professor David Conz committed suicide shortly after his teaching contract was dropped. Conz's dismissal was linked to a relationship with one of his Human Event students. Jane says Hunter made out Conz to be the victim of an unfair administration and began expressing fears about losing his own job text conversation in the days that followed: Jane know you didn't want a hug, but are you ok don't think I've ever seen you look so sad. Joel: Im ok. Shook up, sad and feeling vulnerable. Life. In May 2013, Jane and Hunter had sexual intercourse in a motel. The spring semester came to a close, and Jane fully expected that she and Hunter would resume their relationship when she returned for her sophomore year. The two even texted occasionally during the summer. But when Jane returned to campus in August, she says, Hunter told her he'd learned that their affair was risky after a discussion at a Barrett faculty retreat. He abruptly broke off the relationship. \"One thing my professor said to me when he ended this affair still sticks out to me,\" Jane wrote in the closing of her Title complaint testimony. \"He had no idea that what he was doing was wrong or even against the rules, because it was so common for Barrett Honors College professors to be involved with students that all of the honors faculty saw it as normal.\" Hunter declined to be interviewed, and New Times isn't aware of what he is up to today. On his personal website, he says he is a married father of three Privacy Policy On a Monday afternoon in early November, Arizona State University's faculty senate gathered to discuss, among other things, a motion to revise the Academic Affairs Manual (ACD) policy governing \"amorous relationships\" between professors and students. That policy 402, has been on the books since 1982. In Tempe's Education Lecture Hall, a single observer watched from a seat toward the back. Jasmine Lester, a 2011 Barrett grad, is a small woman with curly brown hair. She wears glasses and looks younger than her 25 years. Helene Ossipov, president of the faculty senate, first laid out some ground rules. She asked senate members to refrain from dominating, and she made clear just who was invited to discuss this motion. \"Observers are welcome to observe as much as you want,\" she said. \"But be like children. You may be seen but not heard.\" For many years, ASU's amorous relationships guidelines fell under the university's sexual harassment policy. But in 2011, they were parsed to create a policy focused exclusively on consensual romantic or sexual student-professor relationships. As written today 402 bans employees from making key decisions -- grading, hiring, disciplining, or offering recommendations -- over anyone with whom they are in a sexual relationship. The policy bans faculty members from engaging in relationships with any students currently enrolled in their classes, and it says violations can result in disciplinary action up to termination. But in 2014, the senate began considering revisions to 402 that would give the policy much greater reach, banning all relationships between faculty and undergraduate students. If approved, the revisions would require faculty members to report any such relationships to a supervisor immediately, with policy exemptions made on a case-by-case basis. \"Our current policies regarding faculty-student relationships are inadequate as written,\" university spokesman Mark Johnson tells New Times. \"The faculty senate should be applauded for taking steps to strengthen those policies to ensure that faculty members and lecturers have only professional relationships with students.\" That November day, Cynthia Tompkins, who chaired the policy-revision task force, addressed the faculty senate. During the month-long comment period that preceded this meeting, she explained, many seemed to think the proposed revisions had come out of left field. Tompkins acknowledged that professor-student relationships historically have had a wide range of acceptability -- you hear stories of professor-student couples that happily marry, she noted -- but she said many unacceptable versions have taken place at in recent years Privacy Policy In addition to the 20 firings mentioned above, Tompkins said has had at least one unwanted student-professor pregnancy this year. The intent of the policy revisions, she said, is to put students back at the center of focus. The floor was opened for discussion. Faculty members approached the microphone to raise questions and concerns. Many were worried about the scope of the revised language is a big school. Would professors need to start IDing everyone they meet in Tempe? The new language doesn't make clear just which relationships would be exempt. What about pre- existing ones? And what would happen if a professor reports a relationship and doesn't get an exemption? \"You really think about whether you want that relationship,\" Ossipov answered. \"One person would have to leave the university.\" Tensions rose want to be blunt think this policy is very invasive,\" a female faculty member said. \"Every amorous relationship is not a 40-year-old faculty member and an 18-year-old-student.\" Concerns were raised about privacy and the motion's intrusiveness and scope. Finally, a frustrated female senator in the back of the auditorium walked up to the microphone and moved to vote down the controversial motion. Twenty senators voted in favor of the policy revision. One abstained from voting. And with 62 votes against the changes, the motion was -- for the time being, at least -- dead. Ossipov said the motion would be returned to Tompkins' committee for further revisions. \"However, this will come back,\" she said. There was uncomfortable laughter. On January 26, the senate will hold its next vote on the revisions. As the faculty senator who effectively silenced the conversation made her way back to her seat, Jasmine Lester glared at her, her middle finger raised in the air. \"This is my whole life,\" Lester said. \"And she just shot it down.\" Jasmine Lester is an Arizona native with roots. She grew up in Ahwatukee, the child of a mother who handles internship programming at the university and a father who is a professor and former dean of humanities in the College of Liberal Arts and Science. Lester's parents aren't Privacy Policy affiliated directly with Barrett. Lester enrolled in the honors college in 2007. Like Jane, she formed a close relationship with a professor, who hasn't returned New Times' request for comment. New Times is limiting the details of Lester's story because of ongoing legal action. In conversations with New Times and in her Title complaint, Lester says her relationship with the professor took on a dynamic that extended beyond professional boundaries. In 2010, Lester went to ASU's Office of Equity and Inclusion to discuss the matter with Kamala Green, the office's executive director and ASU's Title compliance coordinator. Green's responsibilities include investigating Title violations when a faculty or staff member is the accused. But Lester says Green didn't see her situation as a violation was trying to tell her that this is how the power dynamic creates an inherently abusive dynamic or situation,\" Lester says, \"but she didn't understand that. She kept being like, 'You don't know what rape is.'\" Lester says she felt unheard -- silenced, even -- by the school university spokesman says Lester's claims were investigated and that there was no finding of any policy violation on the part of the professor. Green cannot comment on individual cases, but says takes these cases very seriously, and we investigate every one of them as quickly as we possibly can.\" Lester never got the outcome she wanted from ASU, but she funneled her frustration into helping others. In 2013 -- two years after she graduated -- Lester founded Sun Devils Against Sexual Assault, an advocacy group focused on connecting students with the national Title movement. Through that work, she began collecting stories of abuse, and by June 2014, she had enough information to file a formal Title complaint against ASU. Lester's complaint, which is still under investigation, will be incorporated into the ongoing federal investigation of know how administrators maintain the status quo,\" Lester says. \"They wait for people to graduate didn't leave after graduated stayed bugging them about it for the next three years.\" Lester's complaint focuses on several areas: sexual violence in Greek culture, a lack of resources for lesbian, gay, bisexual, transgender, and queer students on campus, and the culture at Barrett. The Barrett portion names names. It tells stories of alleged abuse by 11 Barrett professors, many still employees of the school. Lester's complaint also details the school's response to Jane Privacy Policy Jane was devastated when Hunter broke off their relationship. She continued to see him on campus, and she says she became depressed to the point of attempting suicide. As time passed -- and after she learned of Lester's work on campus -- Jane says her view of the relationship changed. \"He took advantage of his power over me to coerce me,\" Jane says in an e-mail. \"This wasn't a consensual relationship. It was sexual abuse and it was rape.\" In the testimony she provided for Lester's complaint, Jane says she felt trapped by the need to maintain Hunter as a reference, as well as fear that coming forward would mar her reputation, make her feel unsafe, and harm her relationships with other faculty. So she didn't say anything. But in March 2014, she broke down and told two Barrett professors about the affair. Without warning her, they reported the situation to Barrett's dean of students. Jane was asked to come in -- against her will -- for a meeting. In a process she calls \"organized intimidation,\" Jane says she told her story to Barrett's deans, to campus counseling and advocacy offices, and eventually to Kamala Green was put through the ringer, dragged across campus to people didn't want to talk to, not provided any university support like a victim's advocate or anything, and victim-blamed either directly or indirectly at every single step,\" she says in an e-mail. Days after Green and Jane's meeting, Hunter was sent a letter releasing him from all duties, effective immediately. Barrett's deans called for a meeting of the faculty former staff member who wishes to remain unidentified says faculty were told that any additional complaint of abuse by a professor would lead to the dissolution of the signature Human Event course. Because that seminar distinguishes Barrett from the rest of ASU, its dissolution could mean Barrett faculty no longer would be necessary. In June, three months after she first filed her complaint, Jane received a final written decision from the university provost, based on the investigation conducted by Green's office. The investigation found that Joel Hunter violated ASU's policy on amorous relationships, as well as the university's code of ethics, by engaging in a sexual relationship with Jane while she was in his class. Hunter declined to be interviewed, but he did send New Times a brief comment by e-mail. Hunter confirmed that his contract was not renewed because he violated 402. But he still speaks highly of Barrett. \"My experience was that it is a great culture with caring, supportive deans and staff, a stellar faculty who are committed to teaching excellence, and the brightest students I've ever had the pleasure to teach,\" he wrote Privacy Policy Jane currently is a junior at the honors college. \"For the most part avoid Barrett,\" she says just go to classes, and live off campus now, so it's not as bad. But the thing at Barrett is you always run into people you are trying to avoid. It's this wonderful honors community, where the deans and professors are always out socializing with the students,\" she says with obvious sarcasm. \"There are individually decent people in the administration,\" Jane notes. \"The problem is they can't change anything. There's nothing they can do as individuals to change the overwhelming institutional problems of rape culture and prioritizing the school's reputation over supporting victims.\" The very community that drew Jane to Barrett now is a disappointment to her. She points to the deans' treatment of her; the school's reporting process, which she says was marred by poor communication and missed deadlines; the faculty and staff who have ignored this problem for years; and the students who looked for reasons to blame her. \"They should really be ashamed of themselves,\" she says. Dr. Eric Susser, an award-winning Barrett professor -- he was both the first non tenure-track recipient of the prestigious Founder's Day Faculty Achievement Award in Teaching and voted \"Hottest Professor\" in The State Press' annual poll on more than one occasion -- also had his contract dropped because of 402 violations. (New Times Managing Editor Amy Silverman and Susser's ex-wife, Deborah Sussman, have co- taught a local writing workshop for more than a decade.) On a national website on which students post anonymous professor reviews, comments show how the intimacy and intensity of the Human Event course can sometimes shift the tone of student-professor relationships down an inappropriate path. Susser received the following comments from students in his class: \u2022 9/18/2005: \"Susser understands how to relate to college students. He's very entertaining and engaging. He's incredibly smart and the class is very thought-provoking loved this class. Plus sort of had a crush on him.\" \u2022 7/20/2010: \"Dr. Susser is wonderful! Not only did he take a special interest in me, he sought out students who needed extra help & made time for all of us to meet with him 1:1. If you need coaching for your writing or classroom participation, he's the guy to go to. But he's also full of himself. Don't let on that you think he's hot. Play it cool you'll be OK.\" Susser, who taught at Barrett for 15 years, developed and led the college's wildly popular trips to Paris. Like all Barrett professors, Susser pushed his Human Event students to join Privacy Policy Rumors about inappropriate happenings on those trips swirled for years former Barrett staff member who wishes to remain anonymous says she heard students saying they wanted to go on the Paris trip specifically in hopes of sleeping with Susser. The Paris trips eventually came to a stop, right around the time Susser left the school hasn't fulfilled New Times' requests for copies of personnel files, including those of Susser, but Fox 10 News did obtain the records for a September 17 report. According to documents shown in Fox 10's newscast, Susser's contract was not renewed in 2012 after he admitted to having sexual relationships with three Barrett students. Susser, who divorced in 2005 and remarried in 2012, hasn't returned multiple requests for comment did provide New Times with a July 2012 letter in which Barrett Dean Mark Jacobs notified Susser that he would not receive an annual academic year appointment. Instead, Susser was offered a \"limited appointment\" for the fall semester only. He was told he would work on curriculum development, as a telecommuter, until his final date of employment on December 21 of that year. He no longer would have office space at Barrett -- he was given two weeks to clear out his personal belongings -- and he was told he no longer would teach or supervise student projects. The letter doesn't detail why Susser's relationship with the school changed. Though the university wouldn't share more detailed records with New Times Police Department records do describe the former professor's behavior. According to one police report, on the morning of March 31, 2014 -- 15 months after Susser's contract ended -- a staff member at the university's largest library, Hayden, found a brown bag that had been left behind on the second floor. Inside, she located an identification card with Eric Susser's name on it. She tried to e-mail Susser about the bag, but the e-mail -- likely because Susser no longer was employed by -- didn't transmit. The staff member continued to look and found more than she expected in the backpack. She contacted ASU's police. Police listed the impounded bag's contents in their report. In addition to two identification cards, a bill, and a MasterCard all bearing Susser's name, police found \"2 lancets, 3 meth pipes (one with residue), two pill containers (one possibly containing crystal meth), a bag of empty pill capsules, and a prescription bottle made out to Susser which contained various tablets.\" The tablets: \"oxycodone, amphetamine, Viagra,\" and more Privacy Policy Police initially were unable to contact Susser -- his driver's license was suspended, they wrote in the report -- so the case was marked as pending. Mark Johnson, an spokesman, says Susser recently was served with a no-trespass order barring him from campus. But this wasn't Susser's first incident at ASU's libraries, or the Police Department's first hint that the professor might be troubled. Susser once was the subject of a handwritten field interrogation card, also drafted by ASU's police force. That 2002 document details some of the professor's other alleged extracurricular pursuits. \"Susser was contacted after a 101\" -- in police code, a 101 is a woman in a car -- \"said he exposed himself on the third floor of law library,\" police wrote. The officer noted that a subject matching Susser's description was involved in a similar incident, in the same location, just two days before. According to the report, Susser admitted to the officer that he was \"checking out women,\" but he denied having exposed himself. The officer who wrote the report tells New Times he has no specific recollection of the incident. But at the time, he clearly knew who Susser was. He listed Susser's affiliation as \"faculty,\" and under employer, he wrote (Honors College).\" Just what happened after police learned that the professor allegedly had flashed students is unclear. The Police Department says it no longer can find a copy of this document in its files. Kamala Green wasn't aware of the incident, though she wasn't in office at the time, and Mark Johnson, the university spokesman, hasn't provided specific comment on this report. For now, the trail ends at the Police Department, which hasn't responded to multiple requests for comment. Johnson says he doesn't know whether police notified Barrett or administrators of the incident. \"Under current police department practice, the department would notify senior administrators and the relevant department,\" he says can't speak to what the practice may have been under the previous police administration.\" But one thing is clear: Susser kept his job for another decade after this report. It's unknown whether Susser has found employment as a university professor, but he apparently has kept busy since leaving ASU. In June 2014, the Cooking Channel aired an episode of its show Belly Up! -- a kind of Bar Rescue rip-off -- titled \"Hidden Issues.\" The episode focused on Susser's latest endeavor: a bar in West Phoenix called The Hideaway West Bar and Grill Privacy Policy student commenter on wrote of Susser in 2008: \"Susser is amazing because he lets the discussions go where they will and interjects when he has something important to say. Very intelligent professor, although a little slimy as a person.\" The problem at Barrett admittedly is complex. Even 18-year-old freshmen are adults capable of giving consent under the law. But experts tend to agree that stricter policies, such as the one is considering, make more sense. Doctors can't sleep with patients and lawyers can't sleep with clients, so why should professors be able to sleep with their students? Dr. Jeffrey Jensen Arnett, an expert on young adults, author of Emerging Adulthood: The Winding Road from the Late Teens Through the Twenties, and professor at Clark University in Massachusetts, says his research supports \"a taboo\" on all faculty-undergraduate relationships. \"It's almost inevitably exploitative,\" he says, \"even if neither side thinks of it that way.\" Arnett coined the term \"emerging adulthood\" to describe the time from 18 to 25 before people take on the full set of adult responsibilities, like career, marriage, and family. His research on emerging adults in many ways reflects common sense: People between these ages look and can act like grownups, but they just aren't equipped to make the greatest decisions. \"People's decision-making abilities are not as developed at 19 or 20 as they will be at 40 or 50,\" Arnett says. \"Do you really want to be 19 and in a class with a professor you like, and your roommate's dating him? That is weird by any standard, and it's disruptive to the central mission of the university, which is to teach young people, to prepare them for adult life.\" Seth Schwartz, a professor at the University of Miami's Miller School of Medicine and the incoming president of the Society for the Study of Emerging Adulthood, similarly is concerned. \"It's sort of hard to say no,\" Schwartz says. \"That's the major problem with these relationships between students and faculty: Are you willing to say no to someone who is in a position of authority over you?\" Dr. David Bruce Conz died with his pants around his ankles. Conz, 39, was open with the university about a relationship he'd formed with a former student. But his tale took a tragic turn. His autopsy report lays out what happened: \"Cause of death: gunshot wound to head and brain Privacy Policy \"Manner: suicide.\" Under \"Diagnoses and Significant Findings,\" the medical examiner lists \"history of depression over work situation.\" Friends and family didn't see it coming. Conz was a two-time alum, and he began teaching at the school in 2005 dedicated home brewer, Conz was nicknamed \"Professor Beer\" and led a popular course in which students developed their own concoctions. Conz formed a relationship with a Barrett freshman who recently had completed his Human Event course. Soon after, he shot himself in the mouth. Rebekah Hollenberg was Conz's long-term girlfriend. The two met while swing dancing downtown, and they had been together for two and a half years at the time of his death. \"He studied do-it- yourself things, and he would make his own biodiesel and raise his own chickens,\" Hollenberg says. \"He was brilliant in so many ways.\" Conz and Hollenberg were polyamorous -- they were open with each other about dating other people -- and in late December 2012, Conz told Hollenberg that he was seeing a former student. \"The type of relationship we had is sort of unconventional and hard for people to understand,\" Hollenberg says was supportive of [the student] and Dave's relationship made them dinner gave them gifts wanted to make them happy.\" The former student asks not to be identified and declined to be interviewed for this story, but much of her tale is revealed in a detailed police report on Conz's death. Around February 2013, Conz told Hollenberg he was called into a meeting at Barrett to discuss the relationship, \"a kind of review to see that everything was above board,\" she says. Conz told Hollenberg that they were given the all-clear. The student no longer was in his class, so the relationship wasn't in violation of policy. Regardless, Conz began worrying about his job security after the meeting. He was scheduled for a formal contract renewal review later in the spring, and because Barrett doesn't offer its professors tenure, the meetings always made him nervous. And then, the police report says, Conz accidentally received an e-mail that was about him but not for him, one that referenced an upcoming meeting of the deans to discuss his relationship with the student. At his April 3 review, Conz was told that his contract wouldn't be renewed. \"It was just a shock for him,\" Hollenberg says. \"They told him that it was okay Privacy Policy The student later would tell police that Conz was terminated after it was reported to a Barrett dean that he had given her alcohol. Under state law and current policy, it's more problematic for a professor to hand an underage student a beer than it is for him to sleep with her. After his firing, Conz spiraled. \"He was kind of acting like his life was over,\" Hollenberg says. \"That was his identity, and it was sort of just taken so suddenly.\" She says she and Conz discussed their options -- moving to Vancouver, working full-time on projects -- \"but he just wasn't able to get that vision yet,\" she says. \"And he was worried that if they put something in his record that seemed derogatory, he would never get another professorship anyway.\" Conz began drinking heavily. Five days after he was fired, on April 8, 2013, Hollenberg became worried when Conz didn't pick her up for a date they had planned. She called him, and he sounded drunk. So she went to his house. Meanwhile, the student told police that she had arrived at Conz's house about 5 that evening. She found him in bed, drunk, next to two bottles of Black Velvet Whisky -- one empty, the other half full -- and a loaded .38-caliber revolver at his side. The student hid the revolver in a closet and called Conz's ex-wife, a psychiatrist. While they were on the phone, Conz ran from the house. Hollenberg arrived about 5:30 and met Conz and the student in the driveway, where the student told her what was happening. At 5:59, the student called police, who told her to keep Conz out of the house, away from the guns. When Conz tried to go inside, she tackled him. Hollenberg told police that a full-fledged fight ensued, with the student and her former professor punching and kicking each other. She says Conz called the student \"cunt,\" \"bitch,\" and \"asshole.\" The student told police that Conz told her \"it was her fault, that she got him fired.\" Finally, Conz broke free, yelling at the student: \"You caused this.\" He ran into the house and locked the women out. They got inside using a spare key, and almost immediately they heard gunshots coming from the locked hallway bathroom. The first shot blasted through the door, passing just above the student's head. Seven seconds later, a second shot entered Conz's mouth. Police found Conz seated on the toilet, his pants pulled down. The bathroom floor and wall were splattered with blood, and a silver revolver was on the floor bullet had exited through the top of Conz's skull. Conz was conscious on the way to the hospital -- he admitted to paramedics that he'd shot himself - - but he was listed in critical condition upon arrival Privacy Policy Hollenberg visited Conz frequently. Though he was unconscious, she sang to him, read to him, and talked to him. Conz's mother removed him from life support on April 12, and he died later that day. Months after his death, Conz's mother gave police a note she found on a torn piece of paper in his home. It's not clear who it was intended for, but police found the note significant enough to include in their report. \"Your love blossoms within me,\" Conz wrote. \"Like a parasite to liberate or embrace you must die.\" Throughout his autopsy and the lengthy police report, Conz's job loss -- consistently tied to his relationship with the student -- is named as a key contributing factor in his suicide. In the course of their investigation, police even interviewed Frederick Corey, the dean who had let Conz go. Corey did not return requests for comment on Conz's case. The student later provided testimony for Jasmine Lester's Title complaint. In it, she says she saw her relationship with Conz as above board. She'd even introduced him to her parents. \"The relationship was highly pleasurable and showed no outward signs of abuse besides the innate power imbalance that resides within a 20-year age gap,\" she wrote. \"He was loved by many, and still is.\" The student took off three semesters after Conz's death. She no longer speaks to Hollenberg, who moved to Illinois. Never in her testimony does the student say she regrets dating Conz. Instead, she takes aim at ASU's rules on such relationships. \"We continued the relationship,\" she writes, \"because we realized had no policy regarding faculty-student relationships as long as the student is no longer in the professor's class 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 Privacy Policy message from News Editor Zach Buchanan: If you value independent journalism, please consider making a contribution to support our continued coverage of essential stories and to investigate issues that matter. 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 Phoenix New Times may earn a portion of sales from products & services purchased through links on our site from our affiliate partners. \u00a92025 Phoenix New Times, LLC. All rights reserved. Do Not Sell or Share My Information Privacy Policy", "7215_102.pdf": "\u00bb Sexual Misconduct at Arizona State\u2019s Honors College By Justin Weinberg. January 22, 2015 at 1:09 am In light of recent discussions of professor-student sexual relations (here, for example), readers might be interested in learning of about what has been happening at Barrett, the Honors College of Arizona State University. In the past few years, Barrett has terminated the contracts of at least three professors who engaged in sexual relationships with students. Joel Hunter and Dr. Eric Susser were told their contracts were not being renewed after they admitted to violating ASU\u2019s student- professor relationship policies, and Dr. David Conz committed suicide after his contract was dropped when a student reported he\u2019d given alcohol to the Barrett freshman he was dating. Police records, documents given to New Times by involved students, and reports by other media outlets confirm the terminations. But some say the number of Barrett faculty members skirting the rules \u2014 and whose contracts may have been dropped \u2014 actually is far higher\u2026. 13 13 Last fall, ASU\u2019s faculty senate debated whether to replace its own policy with an outright ban on professor-undergraduate relationships. At a senate meeting in November, Cynthia Tompkins, chair of the committee drafting the proposed policy changes, referenced the scope of ASU\u2019s problem. She said at least 20 faculty members across have been dismissed for having inappropriate sexual relationships with students in recent years\u2026 The Human Event [a Barrett course on the history of ideas] is \u201ca wonderful course to get students into the idea of working closely with a professor,\u201d says a former staff member who asked to not be identified. But she says she also believes the class has contributed to the problem of too-close professor-student relations.\u201cBecause it was so friendly,\u201d she says, \u201cif you had any faculty members who were not terribly ethical in how they related to youngsters, it was a situation in which they could take advantage.\u201d With these professors, sources tell New Times, office hours turn into intimate meetings. Examination of the ancient Greeks may have an odd focus on the sexual relationships between mentors and mentees. Trips abroad are fueled more by alcohol than by learning. To many, Barrett\u2019s very structure, intended to create a close learning community for students and professors alike, has instead become something sinister: a way for predatory teachers to grow close to \u2014 sometimes, even sexually \u2014 the young and ambitious students in their tutelage. The story at the Phoenix New Times begins with the relationship between Joel Hunter, a philosophy instructor at Barrett and one of the professors who taught \u201cThe Human Event\u201d course, and one of his then-students, \u201cJane.\u201d The article describes elements of their \u201ccovert\u201d romantic and sexual relationship, including how he wrote her letters of recommendation during the relationship and granted her extensions on schoolwork because of it. Further details about the relationship are presented in a blog post written by Jane, along with Jasmine Lester. The latter is a former Barrett student who herself had had a relationship with a professor that \u201ctook on a dynamic that extended beyond professional boundaries,\u201d and who founded \u201cSun Devils Against Sexual Assault,\u201d an advocacy group. The article in the New Times also includes a discussion of ASU\u2019s policy about amorous relations, a policy known as 402: 13 As written today 402 bans employees from making key decisions \u2014 grading, hiring, disciplining, or offering recommendations \u2014 over anyone with whom they are in a sexual relationship. The policy bans faculty members from engaging in relationships with any students currently enrolled in their classes, and it says violations can result in disciplinary action up to termination recent attempt to revise 402 to include a ban on all faculty-student amorous relations did not succeed, out of concerns that it was \u201cvery invasive\u201d and \u201cintrusive.\u201d \uf0e0Subscribe \uf0d7 Login 13 Join the discussion \uf03e \uf0e7 \uf06d Oldest \uf0dd Matt Drabek \uf017 10 years ago Universities should also think very carefully about how their institutional practices contribute to this problem. This article obviously mentions things like excessively close working relationships, late night meetings, problematic trips abroad, and so on. But they should also consider who\u2019s teaching these courses. Is \u201cThe Human Event\u201d being taught by short-term, junior visiting faculty? Are they hiring \u201cone and done\u201d faculty who will then move on to a different city and have no long-term, meaningful connection to the institution? If so (and don\u2019t know the answer to those questions, so maybe they\u2019ve somehow found a way to fund these courses using faculty), they should consider how their problematic labor practices contribute to the problem. 0 Reply 13 Douglas W. Portmore \uf017 10 years ago Although Joel Hunter was a \u201cphilosophy lecturer\u201d in the sense that he does have a PhD in philosophy (from Kentucky) and was a lecturer for the Barrett Honors College, he was not affiliated with the Philosophy Faculty or with the School of Philosophical, Historical, and Religious Studies. He did not, for instance, teach philosophy (PHI) courses, and he was not at all involved with our PhD program. Indeed, in my 9 years at never even met the man. \u2013Doug Portmore (Head of Philosophy, School of Philosophical, Historical, and Religious Studies, Arizona State University). 0 Reply AnonWhileOnJobMarket \uf017 10 years ago Matt, that is kinda a weird response. And say this as an adjunct professor with great concern over my horrible working conditions, and the conditions of my fellow adjuncts think they certainly need to be reformed. But (1 am kinda offended by the idea, made without evidence, that adjunct and VAPs are more likely to engage in inappropriate romantic and sexual relationships than other types of professors think can understand why trying to sleep with my students is wrong, even without a strong commitment to the university itself, and really bothered that you feel maybe cannot? (2) In this case am not sure what Joel Hunter\u2019s job was, but in the links above, he is clearly labelled as having been teaching at Honors since 2008, so not some sort of one or two year appointment. (3 am unsure if the close connection suggested above (the field trips, the frequent office hours, etc) increases sexual harassment and problematic relationships, but the schools that are most likely for that climate to be true for (SLACs and Honor Colleges) are the ones most likely to hire tenure track faculty. 0 Reply Matt Drabek \uf017 10 years ago 13 Hi Anon don\u2019t know whether adjuncts and VAPs are more likely to engage in inappropriate relationships. If thought they did, I\u2019d have said so. I\u2019d appreciate not having words put into my mouth by anonymous commenters. 0 Reply AnonWhileOnJobMarket \uf017 10 years ago Matt wasn\u2019t trying to be a jerk. Feel free to clarify your original remarks if you want (if you don\u2019t want to, that\u2019s cool too reread them, and still drew the same conclusions (the conclusion being that short term contract people do not develop strong connections to the university might \u201ccontribute to this problem\u201d). That seems to to indicate to me that you believe it is likely that \u201cshort-term, junior visiting faculty\u201d are more likely to engage in inappropriate relationships. Honestly can\u2019t figure out what you meant, if not this don\u2019t want to get into a big back and forth over this, and distract from the import of the thread, so hope you don\u2019t mind if try to make this my last point on this part of the topic. And sorry about being an anonymous commentator, it rubs me the wrong way, too. Being made to feel like a coward is one of the many things have come to hate about being on the job market. 0 Reply grad \uf017 10 years ago Matt, What *did* you mean then? If you didn\u2019t mean what anon thought you meant, then how does the use of non faculty potentially contribute to the problem of sexual misconduct? 0 Reply 13 Matt Drabek \uf017 10 years ago Thanks, Anon. That\u2019s fair. There\u2019s been a wave of anonymous assholes making swipes at people on philosophy blogs assume don\u2019t need to write an extended history of this for most folks who come here\u2026) and I\u2019m generally at the point now of refusing to engage with anonymous commenters who are being uncharitable. What was getting at is the gap between non faculty and policy/institutional culture. Like you, I\u2019ve worked as non faculty. One part of the experience is simply that one doesn\u2019t have much control over department policy and one doesn\u2019t feel as invested in university culture as the permanent folks. And so it struck me as odd that moved to change faculty-student relationship policy as a result of this stuff. Why was that the first move? It just doesn\u2019t seem like the proper first place to look. The first place to look might be simply at how close the faculty feel to the institution itself, and that might involve examining hiring practices know off the top of my head several universities that hire large banks of \u201cone year\u201d visiting faculty. And know a number of people currently teaching in such programs. And many of those people are pretty checked out when it comes to how closely connected they are to institutional culture. Some aren\u2019t going to give a shit if the university updates its policies written by and approved by faculty. If they were in inappropriate relationships before, those sorts of policy changes aren\u2019t going to dissuade them (and if they weren\u2019t in inappropriate relationships before, they\u2019re not relevant for the present discussion). I\u2019m re-reading Doug\u2019s comment (#2), and what stands out to me isn\u2019t that Hunter was some kind of renegade. What stands out to me is that a philosopher could be teaching at a university for close to a decade and *never even met* permanent members of the philosophy department bet a lot of non faculty could testify to that. And lest get uncharitably misinterpreted, let me be clear that I\u2019m not casting blame at Doug. I\u2019m pointing out that this is an undesirable thing that happens at many universities. 0 Reply Jan Dowell \uf017 10 years ago 13 Thanks, Matt also wasn\u2019t following your first post and that\u2019s helpful. But I\u2019m still not sure I\u2019m following. Can you say a bit about what type of relationships you think universities should be concerning with preventing or discouraging? Is your thought that fair labor practices would be the best way to avoid them, better than a ban on undergrad-faculty relationships? 0 Reply Matt Drabek \uf017 10 years ago No, Jan think I\u2019d rather step aside and let other people give their thoughts suspect further commenting from me in this forum is going to result in anonymous trolling that distracts from the important issues. 0 Reply BunnyHugger \uf017 10 years ago \u201cExamination of the ancient Greeks may have an odd focus on the sexual relationships between mentors and mentees.\u201d \u2026 Odder than the ancient Greeks\u2019? 0 Reply AnonWhileOnJobMarket \uf017 10 years ago Matt, that makes a lot more sense, thanks. BunnyHunger: \u201cOdder than the ancient Greeks\u2019?\u201d So, not sure this is clear to everyone, but some professors use discussing the practices of Greek erotic pedagogy as a way of testing the boundaries of the students they want to sleep with personally have had two different women tell me that their philosophy professor (at different institutions) used discussions about Greek erotic pedagogy as a segue into talking about wanting to sleep with them. So, this is not some sort of claim 13 to avoid talking about this practice or to stop teaching The Symposium (obviously), but rather explaining why that comment is probably included. 0 Reply Anonymous graduate student \uf017 10 years ago It seems like most of the discussion concerns the appropriateness of sexual relations between *professors* employed by the university and undergraduate students enrolled at the university. This is obviously an important conversation to have, especially in light of all the high profile cases of professors misbehaving. It is interesting, though, how little of the discussion concerns the appropriateness of sexual relations between *graduate instructors*, who are both employed by and enrolled in the university, and undergraduate students. It seems like many of the same considerations that make sexual relations between professors and undergraduates morally concerning also make sexual relations between graduate instructors and undergraduate students morally concerning. And it seems like a university would face many of the same legal liabilities in each case, given that both professors and graduate instructors are university employees am a graduate student and have fellow graduate student colleagues with partners they met while teaching or TA-ing an undergraduate course. It might be true that the age difference between graduate instructors and undergraduates is likely to be much smaller than the age difference between professors and undergraduates, but is there a relevant difference that makes this less problematic? 0 Reply Alastair Norcross \uf017 10 years ago Arizona State has an honors college? 0 Reply 13 13"} |
8,276 | Dana Bumbrey | Ohio State University | [
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] | {"8276_101.pdf": "Andre Vergara Ohio State fired two cheerleader coaches, the school confirmed this week, in response to allegations that the coaches had sexually harassed the school's cheerleaders. Now, one of the accusers says he was kicked off the cheerleading team by the head coach in retaliation. Cody Ellis' lawyer says he was subjected to sexual comments from Eddie Hollins and Dana Bumbrey, who also slapped male students' butts and touched them inappropriately, and that the coaches also made inappropriate comments about the female cheerleaders. Furthermore, Ellis received sexually explicit text messages from Hollins after he revealed to the coach that he is gay, his lawyer said. Hollins told university investigators it was all just joking between jocks, though he admitted showering in front of male cheerleaders even though he'd been the subject of similar allegations in the past. \"Ohio State University has no tolerance for this type of behavior,\" said Gary Lewis Jr., an spokesman, who confirmed to the Columbus Dispatch that the coaches were fired in May. \"The university conducted a complete and thorough investigation and found that the behaviors of Hollins and Bumbrey were inconsistent with university values and violated university policies.\" However, Ellis was permanently suspended from the team in August \u00e2\u0104w allegedly for having a bad attitude, but he says it was retaliation by head coach Lenee Buchman, who was ordered to attend sexual harassment training for ignoring Ellis' complaints. But Lewis denies that Ellis' removal from the team had anything to do with the case; he would not reveal the reason, citing federal student-privacy laws. Buchman did not return calls by The Dispatch. Former cheerleader got kicked off team for reporting sexual harassment Updated Mar. 5, 2020 2:04 a.m Ellis says his removal was preceded by a July suspension over allegations that he sexually assaulted one of Hollins' friends. Ellis was cleared by investigators, but Buchman would not allow him back on the team. \"This retaliation by the head coach is despicable, and the university's unwillingness to protect students who come forward as victims of sexual misconduct is equally abhorrent,\" said Ellis' lawyer, John Camillus Get more from College Football Follow your favorites to get information about games, news and more", "8276_102.pdf": "fired two coaches for harassing cheerleaders Encarnacion Pyle, The Columbus Dispatch Published 11:01 p.m Nov. 15, 2013 Updated 2:50 a.m Nov. 16, 2013 Ohio State University fired two assistant cheerleading coaches in May for sexually harassing cheerleaders. One of the accusers now says the head coach kicked him off the squad in retaliation just before football season started. After two anonymous tips to OSU\u2019s ethics hot line, a university investigation determined that assistant cheerleading coaches Eddie Hollins and Dana Bumbrey had both violated the university\u2019s policies, according to records. Cheerleaders told investigators that Hollins made sexual jokes and sometimes slapped male students on the butt or tapped their testicles. They also said Bumbrey made inappropriate remarks to the female cheerleaders, including using the nickname \u201cFornicate\u201d for one of them. He regularly commented on the size of the women\u2019s bottoms, they said, and made remarks such as \u201cshe always has her legs spread\u201d when women were in compromising positions during routines. Hollins told investigators that he took male cheerleaders to the gym at the Athletic Club in Downtown Columbus and showered in front of them on a few occasions. Investigators said Hollins had been investigated in 2006 because of similar allegations and should have known better. The assistant coaches said they were just playing, adding that sexual joking among the coaches and team members was common. Cody Ellis, 22, of Bucyrus, was removed from the team after he complained last school year that Hollins had sent him several sexually explicit text messages, said John Camillus, a Columbus lawyer representing Ellis. The messages started, Camillus said, after Ellis confided in Hollins that he is gay. In one of the messages, Hollins wrote that he can\u2019t wait to see Ellis\u2019 \u201chot\u201d rear end, according to records requested by The Dispatch. In another, he referred to taking over for Ellis\u2019 boyfriend in a sex act. \u201cOhio State University has no tolerance for this type of behavior,\u201d said Gary Lewis Jr., an spokesman. \u201cThe university conducted a complete and thorough investigation and found that the behaviors of Hollins and Bumbrey were inconsistent with university values and violated university policies.\u201d Based on those findings, Lewis said, both assistant coaches were fired on May 23. Ohio State also ordered head cheerleading coach Lenee Buchman to attend sexual- harassment training after she failed to report Ellis\u2019 initial complaints to authorities, the records show. She has to come up with a detailed improvement plan as part of her discipline, Lewis said. Buchman didn\u2019t return phone calls from The Dispatch. Bumbrey and Hollins couldn\u2019t be reached for comment. Camillus said Ellis approached Buchman twice about his concerns before the university launched its investigation, and she told him that she would take care of it. Ellis was permanently suspended from the team in August. Just two years ago, he won the coaches\u2019 award for attitude and effort, Camillus said. Ellis had made the team during spring tryouts. \u201cThis retaliation by the head coach is despicable, and the university\u2019s unwillingness to protect students who come forward as victims of sexual misconduct is equally abhorrent,\u201d Camillus said. Lewis said Ellis\u2019 removal from the team had nothing to do with his complaints against Hollins. He added that the university takes sexual-misconduct allegations very seriously. Citing federal student-privacy law, Lewis said he couldn\u2019t provide details explaining why Buchman kicked Ellis off the team unless Ellis gave written consent. Camillus did not respond to requests for consent to allow the university to provide those details, and he would not allow The Dispatch to interview Ellis. He did provide an Oct. 31 letter to Ellis, in which officials said they investigated his charge that Buchman had retaliated against him but found insufficient evidence. The decision to dismiss Ellis was made in consultation with university athletic administrators, the letter said, and had no connection to his complaints against Hollins. In July, Buchman suspended Ellis from the cheerleading squad after a sexual- misconduct complaint was made against him. Camillus said that after Ellis complained about Hollins, Hollins told authorities that Ellis sexually assaulted Hollins\u2019 friend when he went out with several of the cheerleaders after practice one night last spring. The university investigated and cleared Ellis of any wrongdoing at the end of July, Camillus said, but Buchman still refused to allow him back on the team. Camillus said Ellis complained to several officials before Buchman removed Ellis from the team on Aug. 12 for having a bad attitude. Ellis had very little contact with Buchman over the summer during which he could have exhibited a negative attitude, his attorney said. \u201cAre we really to believe that it is just coincidence that he gets suspended for one thing and then, when it comes time to lift his suspension, he is instead kicked off the team for something else altogether?\u201d Camillus asked. [email protected] @EncarnitaPyle", "8276_103.pdf": "By D.J. Byrnes (/Users/Dj-Byrnes) on November 18, 2013 at 12:45 pm @djforohio ( The Lantern dropped a well-reported story today on Ohio State cheerleading, and the picture it paints is not very pretty When nine Ohio State cheerleaders were questioned during an investigation into sexual harassment allegations brought against two assistant coaches, none of the students were surprised a complaint was filed. The coaches\u2019 behavior, which included hinting at sex and touching team members inappropriately, was described as \u201ccreepy,\u201d but it was conduct the cheerleaders had come to expect. ... The two coaches were fired in May after an investigation found \u201csufficient evidence\u201d both men had violated the university\u2019s Sexual Harassment Policy received an anonymous complaint via EthicsPoint, OSU\u2019s anonymous reporting line, April 6 that accused assistant cheerleading coaches Eddie Hollins and Dana Bumbrey of creating a hostile environment by sexually harassing cheerleaders, according to investigation records obtained by The Lantern. The report alleged Hollins had specifically harassed male cheerleaders, while Bumbrey had specifically harassed female cheerleaders. Head coach Lenee Buchman was disciplined this summer ( Redacted.pdf) for not following proper protocol with reporting a complaint she had received against her assistant coaches. She has been retained by the university. Again, props to The Lantern for a well-reported story. Source: thelantern.com/2013/11/cheerleaders-harassed-coaches-fired-2-ohio-stat... ( harassment-probe-head-coach-retained/? utm_content=buffer695a6&utm_source=buffer&utm_medium=twitter&utm_campaign=Buffer) Log in (/user/login?destination=node/29000%23comment-form) or Sign up (/user/register? destination=node/29000%23comment-form) to Join the Discussion #beatmichigan 12 (/COMMENTS_LOAD/29000/ANON/0/NOJS)", "8276_104.pdf": "FORMS. Close Follow Us Search Home Our Attorneys Employment Law Small Business Services Testimonials Blog Call Email Chat Connect December 17, 2013 By Michel Allen & Sinor If you follow college football, you may have heard about the scandal at Ohio State had its second consecutive championship-caliber season, and its marching band has received national acclaim for its halftime routines. Unfortunately, the latest cheerleading scandal has put the Buckeyes back in the spotlight for a less-than- flattering reason. Cheerleaders Sexually Harassed by Coaches According to a Fox News article, Ohio State has let two cheerleading coaches go after allegations that these coaches were sexually harassing the school's cheerleaders. What is interesting about this story is the fact that the allegations of harassment are coming from both female and male cheerleaders. According to the accusations, Coaches Eddie Hollins and Dana Bumbrey slapped male cheerleaders' butts and touched them inappropriately and also made inappropriate sexual comments to Call the female cheerleaders. Their defense? We were just joking and that's the kind of environment we have around here. Luckily, school officials didn't buy it spokesman for OSU, Gary Lewis, Jr., had this response: Ohio State University has no tolerance for this type of behavior. The university conducted a complete and thorough investigation and found that the behaviors of Hollins and Bumbrey were inconsistent with university values and violated university policies. As a result, Hollins and Bumbrey were terminated in May of this year. The head cheerleading coach, Lenee Buchman, was later fired as well. Although not directly involved in the harassing conduct, Buchman was aware of the allegations of sexual misconduct but did not take any action against the two assistant coaches. Not only that, Buchman removed Cody Ellis, one of the complaining cheerleaders, from the squad after his accusations of harassment Call Ellis hired an attorney after he was dismissed from the squad, and alleged that the head coach was retaliating against him for his complaints. Ellis had complained that one of the two terminated assistant coaches sent him sexually explicit text messages after Ellis had disclosed that he was gay. When Ellis was let go from the squad, Buchman claimed it was because of his \"bad attitude.\" As a result of his dismissal from the squad, Ellis lost benefits, including his scholarship. Avoiding Liability for Sexual Harassment Sexual harassment in the school setting, much like in the workplace, is illegal. What it takes to establish a claim also requires a showing that the harasser's employer knew of the misconduct, but did not take appropriate action. If the employer can establish that it exercised reasonable care to promptly correct the sexual harassment, then the employer may be able to assert a defense and stave off liability. In this case, according to news reports, Ohio State University took appropriate action by investigating Call the accusations and promptly terminating the individuals involved. Not all employers are as diligent or even concerned about doing away with sexual harassment. Because of that reality, it is important for any employee who believes they may be the victim of sexual harassment to report the behavior immediately. If you have any questions about sexual harassment claims, or if you have reported harassment and believe you are being retaliated against because of your complaint, give us a call and we can discuss your rights with you. Categories: Harassment, Employment Law, Sexual Harassment Share To: Related Posts + Feb 4, 2025 Reporting Sexual Harassment Step-by- Step Guide Call 1 / 3 Contact 205-265- 1880 Address 1900 International Park Drive Suite 140 Birmingham 35243 Map & Directions Links Home Our Attorneys Employment Law Small Business Services Testimonials Blog Contact Us Call Follow Us The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. \u00a9 2025 All Rights Reserved. Site Map Privacy Policy Call", "8276_105.pdf": "1 N. WATERS, Case No: 2:14-cv-1704 Plaintiff, Judge Graham v. Magistrate Judge Kemp V. DRAKE, M.D., et al., Defendants. Opinion and Order Plaintiff Jonathan Waters brings this employment discrimination action against his former employer, defendant The Ohio State University. Waters asserts a claim under Title of the Educational Amendments of 1972, 20 U.S.C. \u00a7 1681 et seq., alleging that Ohio State discriminated against him by terminating him from his position as Director of The Ohio State University Marching and Athletic Band because he is a man. Ohio State moves for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. It argues that the evidence produced during discovery conclusively shows that Ohio State terminated Waters for legitimate, non-discriminatory reasons and not because of his gender. In response, Waters argues that Ohio State\u2019s discriminatory animus against him can be inferred from Ohio State\u2019s more favorable treatment of an allegedly similarly-situated female coach of the Spirit Squad and from the allegedly flawed and unfair investigation that Ohio State conducted regarding Waters. Waters further seeks relief under Rule 56(d) to conduct additional discovery. For the reasons set forth below, the court denies Waters\u2019s request for Rule 56(d) relief and grants Ohio State\u2019s motion for summary judgment. I. Background A. Waters, Director of the Band From 1995 to 1999, Waters was a student member of the Ohio State Marching Band. (Waters Dep. at 99-100, Doc. #79). He worked as a graduate assistant with the Band from 2000 to 2002 and then served as an Assistant Director from 2002 to 2012. (Id. at 100-102). Waters was 2 named interim Director of the Band in late June or early July 2012 and became the full-time Director in February 2013. (Waters Dep. at 103; Jan 30, 2013 Offer of Employment, Doc. #81-1 at 4086-87). In his position as Director of the Band, Waters was an unclassified employee in the School of Music, a department of the College of Arts and Sciences. (Jan 30, 2013 Offer of Employment). His employment with Ohio State was at-will. (Id.) Waters reported to Richard Blatti, Director of the School of Music, and Blatti was responsible for conducting annual evaluations of Waters\u2019s job performance. (Id.; 2013/14 Performance Review, Doc. #81-1 at 4089). The duties of Director of the Band had three components: administration, outreach and teaching. (Position Description, Doc. #81-1 at 4095). The Director oversaw \u201call aspects of\u201d the Band, including planning and overseeing Band performances, creating field show concepts, supervising and directing Band staff, overseeing the Band\u2019s finances and budget, serving as a liaison to other University departments (including the Department of Athletics) and to Ohio State alumni groups and donors, promoting the Band and supervising contacts with the media and public, coordinating the recruitment of high school students to the Band, and teaching Marching Band and Athletic Band classes. (Id.) The Marching Band has 225 student members each year, and the Athletic Band has between 250 and 300 members. (July 22, 2014 Investigation Report at 2 n.1, Doc. #8-8; Waters Dep. at 49). B. Title Complaints and Investigation Report In May 2014, Ohio State\u2019s Office of University Compliance and Integrity (\u201cOUCI\u201d) received two related Title complaints. The first was made by a female student member of the Marching Band. She claimed that Waters had retaliated against her after she reported having been raped by another member of the Band in the Fall of 2013. (Glaros Dep. at 115, 117, Doc. #80-4). The second complaint was made by the parent of the first complainant. The parent expressed concerns that the Marching Band had a culture of objectionable traditions and practices, many of which were \u201csexualized.\u201d (Investigation Report at 3 then began investigating each Title complaint, as required by federal law and University policy, with a 60-day period in which to complete the investigations. (Glaros Dep. at 115, 221; 34 C.F.R. \u00a7 106.8; U.S. Dep\u2019t of Educ., Office of Civil Rights Apr. 4, 2011 Guidance Documents, Doc. #80-6 at 3989-4060; University Policy 1.15 on Sexual Misconduct, Sexual Harassment, and Relationship Violence, Doc. #80-6 at 3967). The investigations were conducted by Compliance Investigator Jessica Tobias and overseen by Assistant Vice President 3 of Compliance and Investigations, Christopher Glaros, who also served as interim Title Coordinator.1 (Glaros Dep. at 28, 246; Tobias Dep. at 23, Doc. #118). Glaros and Tobias testified that no one exerted influence or control over how they conducted the investigation. (Glaros Dep. at 245-46; Tobias Dep. at 24). In accord with their standard practice, Glaros and Tobias \u201creview[ed] each complaint and develop[ed] a strategy [and] investigation plan\u201d and conducted interviews. (Tobias Dep. at 24-25). OUCI\u2019s investigation of the first complaint concluded with a finding that the available evidence did not substantiate the student\u2019s claim of retaliation by Waters. (Glaros Dep. at 161). Glaros informed Waters of this finding on July 22, 2014. (July 22, 2014 Letter, Doc. #80-6 at 4083). Regarding the parent\u2019s complaint of a sexualized culture in the Band interviewed Waters three times and received a written statement from him. (Waters Dep. at 130; Glaros Dep. at 220-21; Tobias Dep. at 159-60; Written Statement (undated), Doc. #81-1 at 4109). In the written statement, Waters stated that he was \u201cnot insinuating that the culture of the Marching Band is in a \u2018good place\u2019 currently,\u201d and he acknowledged his awareness of Midnight Ramp, \u201ctremendously offensive\u201d and \u201cinappropriate\u201d nicknames, and \u201cvulgar and inappropriate\u201d Trip Tics. (Written Statement at 4109, 4113, 4114 interviewed two witnesses suggested by Waters, both of whom were on the staff of the Band also interviewed the two complainants, Blatti, a physical therapist who had traveled with the Band, and nine current and former members of the Band. (Glaros Dep. at 220; Investigation Report at 3-4). OUCI\u2019s investigation culminated in an Investigation Report dated July 22, 2014.2 The 23- page Investigation Report made the finding that the Marching Band\u2019s culture \u201cfacilitated acts of sexual harassment, creating a hostile environment for students.\u201d (Investigation Report at 1). The Report described numerous Band practices, the existence of which the Report said had been corroborated by multiple witnesses. These practices included: \u201cFesler Night,\u201d an evening event 1 The position of Title Coordinator was under the supervision of Glaros. (Glaros Dep. at 35). At the time of OUCI\u2019s investigations into the complaints relating to Waters, the prior Title Coordinator, Andrea Goldblum, had recently resigned and Glaros acted as interim Coordinator. (Id. at 16-17). Goldblum herself filed a complaint of gender discrimination against OUCI, alleging that mistreated her because she was a woman \u2013 a claim that an independent investigator found to be unsubstantiated. (Apr. 25, 2014 Memo, Doc. #144-1 at 6624). 2 The Investigation Report has also been referred to as the Glaros Report in court documents. 4 where new members learned about Band traditions; \u201cMidnight Ramp,\u201d where members marched into the football stadium in their underwear after attending Fesler Night; nicknames, assigned by upperclassmen to new Band members and often sexually related; \u201cTricks\u201d that members were expected to perform, sometimes related to their nicknames and involving reference to or simulation of sexual acts; \u201cRookie Introductions,\u201d where new Band members were sometimes subjected to sexually explicit questioning and dirty jokes while on buses travelling to away football games; \u201cRookie Midterms\u201d and challenges, where members were given written questions and physical challenges that were sexually related, such as drawing a picture of a sexual position or act; \u201cTrip Tic,\u201d a newsletter for away game trips that contained sexually related content, sometimes about members of the Band; and \u201cSongbook,\u201d which contained sexually related, alternate lyrics to over 120 collegiate and various other songs. (Id. at 4-10). Attached as exhibits to the Report were examples of a Rookie Midterm and a Songbook. (Id., Exs. A, B). The Report also made the finding that Waters \u201cknew or reasonably should have known about this culture but failed to eliminate the sexual harassment, prevent its recurrence, and address its effects.\u201d (Investigation Report at 1). The Report noted the practices that Waters acknowledged having at least some knowledge of (or for which there was evidence that he knew), including Midnight Ramp, nicknames, tricks and Trip Tics. (Id. at 17). The Report recited the applicable University policy on sexual harassment and the applicable guidance from the Department of Education\u2019s Office of Civil Rights. Under these standards, individuals who know or reasonably should know about sexual harassment that creates a hostile environment should act to eliminate the harassment, prevent its recurrence and address its effects. (Investigation Report at 15-16). The Report concluded that Waters did not satisfy the applicable standards regarding a university official\u2019s response to reports of sexual harassment or a hostile environment. (Id. at 19). Noting that the standards require prompt corrective action from faculty and directors, the Report faulted Waters for taking an \u201cevolving\u201d approach to changing the Band\u2019s sexualized culture and for stating that the initiative for change should come from student leaders. (Id.) For instance, Waters allowed Midnight Ramp to occur under his direction for two years (2012 and 2013) before deciding in June 2014 to end the practice. (Id.) Though Waters had claimed to be making efforts to change the Band\u2019s culture, witnesses \u201cdid not, however, report any significant change, or effort to change.\u201d (Id.) The Report recommended that a course of training, counseling, and ongoing oversight be implemented for the Band\u2019s leaders and members in order to bring the Band program into 5 compliance with Title and University policies. The Report made no recommendations as to disciplinary action that might be taken against Waters. C. President Drake\u2019s Decision to Terminate Waters\u2019s Employment Dr. Michael Drake became President of Ohio State on June 30, 2014. He had previously served as Chancellor of the University of California, Irvine. Shortly after arriving at Ohio State, he was informed of \u201can investigation into behaviors and the culture in the marching band.\u201d (Drake Dep. at 21, Doc. #80-1). He received a draft version of the Investigation Report and later received the final version of the Report, as well as a copy of the Songbook. (Id. at 21, 23). Drake read through the Report and found its findings to be \u201cconvincing.\u201d (Id. at 22). He believed that the practices described in the Report reflected a \u201chostile\u201d and \u201chazing type\u201d environment. (Id. at 23). He believed that the lyrics in the Songbook would be \u201cextraordinarily offensive to many people.\u201d (Id.) Because he received the information about Waters and the Band shortly after becoming President, Drake tried to \u201cdevelop a context to weigh\u201d the information by speaking with senior-level individuals at the University, including the Vice President, members of the Board of Trustees, and General Legal Counsel. (Drake Dep. at 24-25, 33-34, 36-37, 52-53). Through these discussions, Drake learned of, or learned more about, certain issues within the Band during Waters\u2019s time as Director. (Id. at 22 (stating that he confined his considerations to \u201cthings that occurred during [Waters\u2019s] time as Director\u201d)). Drake became aware of an assault reported by a female Athletic Band member to Waters in March 2013.3 The alleged assailant was a male member of the Athletic Band. Waters decided not to allow the female student and male student to make an upcoming Band trip. (Glaros Dep. at 113; Waters Dep. at 111-13). Concerned that Waters\u2019s decision would constitute retaliation against the female student, the Office of Legal Affairs intervened to ensure that she would be allowed to make the trip. (Glaros Dep. at 113-14; Waters Dep. at 112-13). Drake spoke to certain individuals at the University about the matter, and he reached the conclusion that Waters handled the situation in the \u201cwrong\u201d fashion. (Drake Dep. at 32-33 (stating his belief that \u201ca negative response\u201d to an individual reporting to be the victim of a sexual assault \u201ccould be seen as being punishment or dissuading someone from coming forward\u201d)). 3 This incident is mentioned in a footnote to the Report. (Investigation Report at 12 n.7). 6 Based on his discussions with other individuals at the University, Drake formed the impression that Waters had been \u201cslow to respond\u201d to issues involving sexual assault.4 Drake believed that Waters had displayed \u201cat least a reluctance to address these issues in a forthright and immediate fashion which . . . they deserved or needed to be done.\u201d (Id. at 25). Drake was advised by the Vice President of Student Life that Waters had been reluctant to schedule Title training for the Band \u2013 that there were \u201cpromises of training\u201d but no \u201creal definitive steps taken\u201d to address how Title issues should be handled. (Id. at 32, 34). Moreover, Drake testified that he received information which led him to believe that Waters was not acting honestly in denying the existence of problems within the Band. Drake became aware of a meeting in October 2013 between Waters and a former communications employee at Ohio State who confronted Waters about the existence of a culture of misbehavior in the Band. (Drake Dep. at 101). Waters denied that such a culture existed, both to the employee and in an email to a public relations employee at Ohio State. (Id.; Oct. 31, 2013 email, Doc. #81-1 at 4098 (Waters stating that an employee \u201cshared with me that there are perhaps some concerns from the Board of Trustees and Administration regarding a culture within the band [am] exceptionally surprised about the rumors . . . .\u201d)). Drake understood Waters\u2019s statements to reflect a position that \u201cthere\u2019s not a problem in the band.\u201d (Drake Dep. at 101). Drake also spoke to Provost Joseph Steinmetz, who had spoken with Waters in November 2013 about the culture issues and October 2013 rape. (Waters Dep. at 118-19). Waters stated to Steinmetz that \u201cthe band was not the band it was 10 or 20 years ago in terms of its culture\u201d and that he was \u201cworking on culture issues within the band.\u201d (Id. at 120). Steinmetz told Drake about his conversation with Waters. Drake was troubled that Waters characterized the Band\u2019s problems as primarily a thing of the past and had not, in Drake\u2019s view, properly addressed those problems. (Drake Dep. at 68-69). Drake also became aware of an incident in which Waters verbally attacked a student drum major. The student had recorded the incident and Drake listened to the audio recording.5 In Drake\u2019s description, Waters used expletives \u201cthroughout the conversation\u201d and was \u201cvery harsh,\u201d \u201coffensive,\u201d \u201cdemeaning\u201d and \u201cthreatening\u201d toward the student. (Drake Dep. at 28-29). Waters 4 In October 2013, a male Band member committed a rape that resulted in his suspension and eventual expulsion from the University. (Waters Dep. at 118-19). 5 The incident is mentioned in the Investigation Report as an issue that was raised by a witness during the investigation. (Investigation Report at 20). 7 was asked about the incident during one of the interviews for the Investigation Report, but he denied ever having yelled or cursed at a student.6 (Investigation Report at 20). Drake believed that Waters made a \u201cfalse\u201d and \u201cdishonest\u201d statement when he denied having knowledge of the incident. (Id. at 24). In determining his response to the information provided to him, Drake weighed the evidence and \u201cwanted to be careful and thoughtful in approaching it in getting to the right outcome.\u201d (Drake Dep. at 39). He viewed the matter as one that was for him to decide. (Id. at 65 (\u201cThis felt like a decision that was mine to make. That was my approach from the very beginning.\u201d)). Drake considered the option of taking disciplinary action short of termination \u2013 of requiring training or a performance improvement plan.7 Drake determined that a performance improvement plan was not the appropriate course of action because he did not view the situation as \u201ccorrectable\u201d as long as Waters remained as the Director. (Drake Dep. at 71 (stating that improvement plans are frequently used where there is a \u201cparticular thing\u201d that can be corrected), 22 believe that a change in leadership was necessary to change that culture.\u201d)). In Drake\u2019s experience, such plans were not suited for situations where there is \u201cdishonesty involved, where we have been engaged with a senior leader who has misrepresented material facts to us.\u201d (Id.) Drake added find that to be something that\u2019s extraordinarily difficult to deal with because we have done a lot to destroy the trust that we need to move forward.\u201d (Id. at 72). Drake found that Waters had made denials of a sexually hostile and harassing culture, the existence of which the University had developed a \u201crecord of.\u201d (Id.) Drake acknowledged Waters\u2019s effort to stop Midnight Ramp and to curb the use of nicknames. (Drake Dep. at 100, 103). But he concluded that the efforts were \u201cinsufficient,\u201d particularly in light of Waters\u2019s leadership position and the reports of continued issues under Waters\u2019s time as Director. (Id. at 43, 101). In Drake\u2019s view, \u201cthe job of the Director wasn\u2019t to attempt. The job was to correct these things and make it a safe place for our students . . . .\u201d (Id. at 101; see also id. at 26 (\u201c[I]t was really the response of the person in charge, the Director, that was 6 It is now undisputed that Waters was the individual who can be heard talking to the student in the recording. (Waters Dep. at 141). 7 Drake testified that, at the time he decided to terminate Waters\u2019s employment, he was not yet familiar with Ohio State\u2019s \u201cPerformance Improvement Plan\u201d policy specifically, but he was familiar with the performance improvement concept from his time serving in the University of California system. (Drake Dep. at 72-73). 8 what led me to the decision that the Director needed to be replaced.\u201d)). Drake concluded that there were \u201cmany things that . . . reflected a failure of leadership . . . [and issues] were time and time again not addressed in an appropriate fashion.\u201d (Id at 68). Drake testified that Waters\u2019s gender \u201cplayed no part\u201d in his decision to terminate Waters\u2019s employment. (Id. at 115-17, 284). On July 24, 2014 Waters was notified by letter that his employment had been terminated. (July 24, 2014 Termination Letter, Doc. #80-2 at 2701). D. Lenee Buchman, the Alleged Similarly-Situated Individual Lenee Buchman, a female, became the Head Coach of the Spirit Program at Ohio State in 2009. (Buchman Dep. at 13, Doc. #128). Her position was an unclassified, at-will position in the Department of Athletics. (July 1, 2009 Offer of Employment, Doc. #144-1 at 6602). During her 4 years at Ohio State, Buchman reported to several different individuals, including to the Director of Fan Experience at first and later to Martin Jarmond, an Associate Athletics Director. (Buchman Dep. at 23, 30). Her supervisors ultimately reported to Director of Athletics Eugene Smith. (Id. at 191). Buchman directed the cheer, dance and mascot programs and her duties included: coaching students; supervising staff; managing the program\u2019s budget; assisting students with their schedules, academic responsibilities and medical needs; coordinating travel; and attending meetings regarding sporting events, such as football and basketball games. (Buchman Dep. at 20-21). She had approximately 60 students in her program each year. (Id. at 238). In July 2012, a male cheerleader reported to Buchman that he was \u201cconcerned\u201d about a text message he received from assistant cheerleading coach Eddie Hollins. (Buchman Dep. at 111). Buchman did not see the text or know the nature of its content. (Id. at 111, 133, 168). The student asked Buchman not to say anything or do anything about the matter. (Id. at 111, 169). Buchman was aware that her coaches employed a variety of motivational tactics and could leave students \u201cfeeling as if we\u2019re pushing too hard.\u201d (Id. at 169). Buchman had not previously been aware of Hollins privately sending text messages to students. (Id. at 168). She held a staff meeting with her coaches and told them to \u201ckeep all communications public\u201d and be \u201crespectful\u201d and \u201cthink before you are pushing somebody.\u201d (Id. at 169). Buchman later learned that the University\u2019s Office of Human Resources was investigating Hollins and another assistant cheerleading coach, Dana Bumbrey. (Buchman Dep. at 130, 170; Glaros Dep. at 97). In April 2013, complaints were made against Hollins and Bumbrey alleging that each of them had made sexually harassing comments to students and had engaged in sexual touching 9 of students. (Smith Supp. Aff. at \u00b6 6, Doc. #86-1; Buchman Dep. at 130-36). The investigation substantiated the allegations, and Hollins and Bumbrey were terminated on May 23, 2013. (Smith Supp. Aff. at \u00b6 7). Buchman was not the subject of the April 2013 complaints or the ensuing investigation, but the investigation revealed that the male cheerleader had advised Buchman of his having received a text message from Hollins. The investigation further revealed that the text message which Hollins sent to the male cheerleader was sexual in nature. (Smith Supp. Aff. at \u00b6 8; Buchman Dep. at 109, 133; Jarmond Dep. at 52, Doc. #124). This discovery caused Jarmond, in consultation with Kim Heaton, the Human Resources Director within the Athletics Department, to place Buchman on a performance improvement plan.8 (Jarmond Dep. at 46; Performance Improvement Plan, Doc. #144-1 at 6604). According to Jarmond, under University policy Buchman should have promptly notified her superior or Human Resources of the student\u2019s report of an inappropriate text message from Hollins. (Jarmond Dep. at 42). Buchman instead tried to handle it herself, internally with her staff. (Id. at 41-42). Heaton issued a letter of reprimand to Buchman on June 20, 2013. The letter stated that Buchman \u201cdid not follow the proper channels\u201d and instead \u201ctried to resolve the issue on [her] own.\u201d (June 20, 2013 Letter of Reprimand, Doc. #144-1 at 6603). The letter further stated, \u201cAs a coach you are required to report any complaints that a reasonable person would believe to be sexual harassment to human resources.\u201d9 (Id.) The letter notified Buchman that she and her staff would be required to attend sexual harassment training in July 2013. (Id.) Jarmond testified that the reasons for placing Buchman on a performance improvement plan were two-fold. The first was to provide her with guidance, in light of her failure to report the text message to her supervisor or to Human Resources. (Jamond Dep. at 47). The second was to properly educate the coaching staff on sexual harassment issues, in light of the findings made against the assistant coaches. (Id.) Under the performance improvement plan, Jarmond and Buchman were to meet biweekly for six months to discuss plans for improvement and to evaluate progress in the 8 Jarmond was not directly familiar with the University\u2019s formal guidelines pertaining to performance improvement plans and relied on Heaton\u2019s expertise in crafting the terms of the plan. (Jarmond Dep. at 49, 73). 9 Human Resources did not make a finding as to whether Buchman knew that the text was sexual in nature. Again, Buchman testified that she did not. (Buchman Dep. at 111, 133, 168). 10 areas of communication, culture, leadership and recruiting. (Performance Improvement Plan; Jarmond Dep. at 54-55). Jarmond did not contemplate terminating Buchman\u2019s employment because the April 2013 complaints were not made against her and she was not the subject of the investigation. (Jarmond Dep. at 52, 54 (stating that the performance improvement plan was not a condition for Buchman\u2019s continued employment \u2013 \u201cIt had nothing to do with firing. It was all about improving her program and performance.\u201d)). Jarmond had no reason to believe that Buchman knew anything about the misconduct in which Hollins and Bumbrey had engaged. (Jarmond Dep. at 57, 83-84). Jarmond testified that Buchman\u2019s gender played no role in his decision to place her on a performance improvement plan. (Id. at 84). In August 2013, a cheerleading student filed a complaint of retaliation against Buchman, alleging that he was excluded from the cheerleading team because he participated in the investigation of Hollins and Bumbrey. (Buchman Dep. at 184; Jarmond Dep. at 55). An investigation cleared Buchman of the charge of retaliation. (Buchman Dep. at 185; Jarmond Dep. at 55, 81). However, the investigation revealed that Buchman had participated in a cheerleading camp run by Bumbrey in August 2013, after Ohio State had terminated his employment. (Buchman Dep. at 185; Jarmond Dep. at 81). And it revealed that in September 2013, Hollins unexpectedly appeared at a cheerleading team practice and Buchman did not approach him or ask him to leave. (Id.) In October 2013, Human Resources prepared an investigation report on these two incidents, and Gene Smith terminated Buchman\u2019s employment a month later. (Nov. 22, 2013 email, Doc. #144-1 at 6607; Nov. 25, 2013 Termination Letter, Doc. #144-1 at 6609). Smith terminated Buchman on the grounds that she had not demonstrated the leadership expected of a head coach when she \u201caligned\u201d herself and Ohio State with Bumbrey at his camp and when she failed to eject Hollins from the team\u2019s practice. (Nov. 22, 2013 email). E. Interaction Between the Band and Spirit Program The Band and the Spirit Squad routinely appeared at the same events, including football and basketball games, fundraisers, alumni events and events surrounding football bowl games. (Buchman Dep. at 73-74, 76-77, 79, 81-82, 84-85, 89-93; Waters Dep. at 250). Each program controlled its own performances, such that Waters did not participate in determining the content or design of the Spirit Squad\u2019s performances, nor did Buchman participate in determining the content or design of the Band\u2019s performances. (Buchman Dep. at 202, 211-13, 216). The Band and Spirit Squad did not practice together. (Id. at 213-14). 11 In preparation for home football games, Waters and Buchman both attended operations meetings in which representatives of law enforcement, parking services, concessions and food services, stadium facilities, the University\u2019s Department of Fan Experience and others were in attendance. (Buchman Dep. at 200-02). About 50 people attended these meetings, the purpose of which was to plan for the logistics and timing of what happens during the course of a game day. (Id. at 201-07). During games, Waters and Buchman both wore headsets, as did members of the television crew, sound crew, light crew and Fan Experience. (Id. at 59-60). As a group, they kept in communication as to what would occur during timeouts, such as the Band playing, the cheerleaders performing and so forth. (Id. at 59-60, 209-10). On occasion, the Band and Spirit Squad traveled together to an away football game, bowl game or tournament basketball game. (Buchman Dep. at 41-42, 45-46, 86-106; Waters Dep. at 250). Such travel, particularly to bowl games, included joint travel arrangements for the entire University party, including University officials, donors and parents. (Buchman Dep. at 216-18). The Athletics Department handled the travel arrangements and paid per diems, including to members of the Band and the Spirit Squad. (Id. at 42, 46-47, 49-50, 218). Though Buchman and Waters sometimes communicated with each other concerning the logistics of travel, they each were responsible for the members of their own program in regards to travel. (Id. at 43-44, 48, 50 took care of my personnel. He took care of his.\u201d)). F. Office of Civil Rights Compliance Review In July 2010, the United States Department of Education\u2019s Office of Civil Rights (\u201cOCR\u201d) initiated a compliance review of Ohio State\u2019s Title program. (Glaros Dep. at 111 did not conduct the review based on any complaint, but rather initiated it as a proactive measure to \u201csurvey the landscape\u201d of the Title program in \u201cexpansive and comprehensive fashion\u201d to ensure its compliance with the law. (Id. at 146-47). In May 2013 informed Ohio State that its review was nearly complete. (Glaros Dep. at 148-49 provided Ohio State with \u201cpositive\u201d feedback and made only \u201cminor\u201d recommendations about changes that it should implement. (Id. at 149-50). In August 2013 sent Ohio State a draft resolution agreement. (Id. at 151; Aug. 5, 2013 email, Doc. #132-1 at 6233). Ohio State was \u201csurprised\u201d by the need to execute a resolution agreement, given the \u201cvery positive feedback\u201d it had received from OCR, and set up a meeting in December 2013 with to further discuss the matter. (Glaros Dep. at 151-52). 12 At the December 2013 meeting explained that the resolution agreement was necessary to formally bring a conclusion to the compliance review. (Glaros Dep. at 156 directed Ohio State to provide updated information for inclusion in a revised version of the draft resolution agreement. (Id. at 156-57 (stating that \u201cwanted to update the information that they had been collecting to date\u201d so they had \u201cfresh information as they finalized and tweaked\u201d the agreement)). Among the updates Ohio State provided was informing of the actions it had taken regarding the coaches in the Spirit Program. Ohio State reported that complaints had been filed against Hollins and Bumbrey for sexually harassing behaviors and that Ohio State had terminated their employment after an investigation substantiated the complaints\u2019 allegations. (Feb. 28, 2014 letter, Doc. #132-1 at 6248). Ohio State further reported that Buchman had been given a performance improvement plan for failing to respond effectively to a student telling her of his receipt of a private text message from an assistant coach. (Id.) Ohio State also reported that Buchman was later terminated for her \u201cfailures of leadership\u201d in continuing to associate with the terminated assistant coaches. (Id.) On July 24, 2014, shortly after Ohio State terminated Waters\u2019s employment, General Legal Counsel for Ohio State called to communicate that \u201csignificant Title problems\u201d had been found with the Marching Band. (Glaros Dep. at 158, 162 accepted the General Counsel\u2019s offer to make staff available to discuss the Marching Band investigation, and a meeting between University officials and took place on August 13, 2014. (Id. at 158-60). Glaros and Tobias attended the meeting, as did the new Title Coordinator at Ohio State and a Deputy General Counsel. The meeting lasted about one hour, and the representatives from Ohio State told about: our investigation, the nature of the complaints that we received, the process that we used to investigate these issues, the facts that we found, the analysis of those facts under University policy and Title IX, the findings that we made and the recommended corrective actions to address the systemic culture problems that we discovered in the marching band. We also told them that we had investigated the retaliation complaint against Mr. Waters comprehensively, and based on the available evidence, [we were] not able to substantiate that complaint. (Id. at 161; see also Tobias Dep. at 172 (testifying that they discussed \u201cthe culture of the band at length had already reviewed the Investigation Report and, at the meeting, indicated its agreement with the Report\u2019s analysis and findings. (Glaros Dep. at 162 came to the meeting with a revised version of the resolution agreement in hand. (Id. at 163). The revised agreement 13 included a section entitled \u201cUniversity\u2019s Investigation of Marching Band.\u201d (Sept. 8, 2014 Resolution Agreement at \u00a7 VII, Doc. #144-1 at at 6713). The revised agreement incorporated the language which appeared in the Investigation Report concerning the corrective action that was to be taken by the Ohio State.10 The corrective action included strengthening the Band\u2019s leadership, updating the Band\u2019s policies and procedures to ensure Title compliance, training Band staff on Title issues, providing counseling for victims of sexual harassment, distributing written materials on sexual harassment and sexual violence to Band staff and members, and conducting assessments of the effectiveness of efforts to change the Band\u2019s culture. (Id.) President Drake, on behalf of Ohio State, signed the revised resolution agreement on September 8, 2014 issued a letter to Drake on September 11, 2014 advising that had formally concluded its compliance review and would monitor Ohio State\u2019s compliance with the agreement. (Sept. 11, 2014 Letter, Doc. #144-1 at at 6717). G. New Director of the Band Named In February 2016, Ohio State announced that Dr. Christopher Hoch had been named as Director of the Band. (Feb. 24, 2016 Press Release, Doc. #144-1 at at 6747). Dr. Hoch, a man, became the first permanent Director since Waters was terminated. II. Standard of Review Under Federal Rule of Civil Procedure 56, summary judgment is proper if the evidentiary materials in the record show that there is \u201cno genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.\u201d Fed. R. Civ. P. 56(a); see Longaberger Co. v. Kolt, 586 F.3d 459, 465 (6th Cir. 2009). The moving party bears the burden of proving the absence of genuine issues of material fact and its entitlement to judgment as a matter of law, which may be accomplished by demonstrating that the nonmoving party lacks evidence to support an essential element of its case on which it would bear the burden of proof at trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986); Walton v. Ford Motor Co., 424 F.3d 481, 485 (6th Cir. 2005). The \u201cmere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.\u201d Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986) 10 In the Investigation Report, the steps of corrective action were listed as recommendations and were stated to be modeled upon resolution agreements that had made with other educational institutions. (Investigation Report at 21). In the revised resolution agreement, the corrective steps were listed as requirements that Ohio State had to fulfill and provide quarterly progress reports on. 14 (emphasis in original); see also Longaberger, 586 F.3d at 465. \u201cOnly disputed material facts, those \u2018that might affect the outcome of the suit under the governing law,\u2019 will preclude summary judgment.\u201d Daugherty v. Sajar Plastics, Inc., 544 F.3d 696, 702 (6th Cir. 2008) (quoting Anderson, 477 U.S. at 248). Accordingly, the nonmoving party must present \u201csignificant probative evidence\u201d to demonstrate that \u201cthere is [more than] some metaphysical doubt as to the material facts.\u201d Moore v. Philip Morris Cos., Inc., 8 F.3d 335, 340 (6th Cir. 1993 district court considering a motion for summary judgment may not weigh evidence or make credibility determinations. Daugherty, 544 F.3d at 702; Adams v. Metiva, 31 F.3d 375, 379 (6th Cir. 1994). Rather, in reviewing a motion for summary judgment, a court must determine whether \u201cthe evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.\u201d Anderson, 477 U.S. at 251-52. The evidence, all facts, and any inferences that may permissibly be drawn from the facts must be viewed in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986); Eastman Kodak Co. v. Image Technical Servs., Inc., 504 U.S. 451, 456 (1992). However, \u201c[t]he mere existence of a scintilla of evidence in support of the plaintiff\u2019s position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff.\u201d Anderson, 477 U.S. at 252; see Dominguez v. Corr. Med. Servs., 555 F.3d 543, 549 (6th Cir. 2009). III. Discussion A. Prima Facie Case of Reverse Gender Discrimination 1. Elements Title provides that no person on the basis of sex shall \u201cbe 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). \u201cTitle proscribes gender discrimination [against employees and students] in education programs or activities receiving federal financial assistance.\u201d North Haven Bd. of Educ. v. Bell, 456 U.S. 512, 514 (1982). \u201cBecause Title does not provide an analytical framework for claims of gender discrimination by an educational institution, [most courts] have applied the McDonnell Douglas burden-shifting framework used in analyzing discrimination claims arising under Title VII.\u201d Arceneaux v. Vanderbilt Univ., 25 Fed. App\u2019x 345, 347 (6th Cir. 2001) (citing cases). In the absence of direct evidence of discrimination, McDonnell Douglas requires a plaintiff to establish a prima facie 15 case of discrimination by demonstrating that he (1) was a member of a protected class; (2) suffered an adverse employment action; (3) was qualified for the position; and (4) that \u201ca comparable non- protected person was treated better.\u201d Mitchell v. Toledo Hosp., 964 F.2d 577, 582 (6th Cir. 1992) (citing McDonnell Douglas v. Green, 411 U.S. 792, 802 (1972)). Ohio State makes two arguments as to why Waters cannot establish a prima facie case. The court will limit its decision to the second argument. Ohio State\u2019s first argument, which pertains to the first McDonnell Douglas factor, is that a plaintiff in a reverse discrimination case must satisfy a heightened standard of establishing that \u201c\u2018background circumstances support the suspicion that the defendant is that unusual employer who discriminates against the majority.\u2019\u201d Murray v. Thistledown Racing Club, Inc., 770 F.2d 63, 67 (6th Cir. 1985) (quoting Parker v. Baltimore and Ohio R.R. Co., 652 F.2d 1012, 1017 (D.C. Cir. 1981)). Ohio State\u2019s position has some support in the case law. See Sutherland v. Michigan Dep\u2019t of Treasury, 344 F.3d 603, 614 (6th Cir. 2003) (applying Murray). In response, Waters argues that the court should reject imposing a heightened standard in reverse discrimination cases. This position too has some support in the case law. See Zambetti v. Cuyahoga Cmty. Coll., 314 F.3d 249, 257 (6th Cir. 2002) (\u201c[W]e note that the \u2018background circumstances\u2019 prong, only required of \u2018reverse discrimination\u2019 plaintiffs, may impermissibly impose a heightened pleading standard on majority victims of discrimination.\u201d) (citing cases); Pierce v. Commonwealth Life Ins. Co., 40 F.3d 796, 801 n.7 (6th Cir. 1994) (\u201cWe have serious misgivings about the soundness of a test which imposes a more onerous standard for plaintiffs who are white or male than for their non-white or female counterparts.\u201d). Because Ohio State has so clearly demonstrated that it is entitled to summary judgment on the basis of its second argument (concerning the absence of a similarly-situated individual), the court declines to decide whether it believes the heightened \u201cbackground circumstances\u201d standard remains good law in reverse discrimination cases in the Sixth Circuit. 2. Similarly-Situated Individual Ohio State\u2019s other argument is that Waters has failed to establish the existence of a similarly- situated female at Ohio State who received more favorable treatment than he did. In order to satisfy the fourth prong of McDonnell Douglas, a plaintiff must \u201cdemonstrate that he or she is similarly- situated to the non-protected employee in all relevant respects.\u201d Ercegovich v. Goodyear Tire & Rubber Co., 154 F.3d 344, 353 (6th Cir. 1998). Although the relevance of various aspects of an employment situation will depend on the circumstances of each case, courts generally consider such factors as whether the plaintiff and his proposed comparator dealt with the same supervisor or 16 decisionmaker, were subjected to the same standards and \u201cengaged in the same conduct without such differentiating or mitigating circumstances that would distinguish their conduct or the employer\u2019s treatment of them for it.\u201d Mitchell, 964 F.2d at 583; Ercegovich, 154 F.3d at 352 (noting that these factors are relevant \u201cin cases alleging differential disciplinary action\u201d); McMillan v. Castro, 405 F.3d 405, 414 (6th Cir. 2005). \u201cThe plaintiff need not demonstrate an exact correlation with the employee receiving more favorable treatment in order for the two to be considered \u2018similarly- situated;\u2019 rather . . . the plaintiff and the employee with whom the plaintiff seeks to compare himself or herself must be similar in \u2018all of the relevant aspects.\u2019\u201d Ercegovich, 154 F.3d at 352 (quoting Pierce, 40 F.3d at 802) (emphasis omitted). Waters argues that Lenee Buchman is a suitable comparator because both of them were employed by Ohio State in unclassified positions and both held the title of \u201cDirector.\u201d He emphasizes that Ohio State\u2019s sexual harassment policy applies to all departments within the University. He further argues that \u201c[i]t is common sense that marching bands and cheerleaders are similar units,\u201d given that they commonly appear at the same events, including athletic events, fundraisers and alumni events. (Pl.\u2019s Mem. in Opp\u2019n at 22, Doc. #144). Waters contends that the Band and Spirit Squad were both overseen by the Fan Experience Department on football game days. He argues that Ohio State treated Buchman more favorably than him because when acts of sexual harassment and misconduct were discovered to have occurred in the Spirit Squad, Buchman was given a performance improvement plan instead of terminated. The court finds as a matter of law that Waters and Lenee Buchman were not similarly situated in all relevant respects. As discussed below, the court concurs with Ohio State\u2019s assessment that Waters and Buchman \u201cdo not share in common any relevant employment aspects.\u201d (Defs.\u2019 Mot. for Summ. J. at 33, Doc. #132). The court begins with the undisputed fact that Waters and Buchman were employed in separate departments at Ohio State. Waters held a position in the School of Music, within the College of Arts and Science, while Buchman\u2019s position was within the Department of Athletics. They reported to different supervisors \u2013 Waters to Blatti and Buchman to Jarmond and Smith. Also undisputed is that different decisionmakers made the respective decisions to discipline Waters and Buchman. In Waters\u2019s case, Drake made the decision to terminate his employment. Drake did not consult with Jarmond, Heaton, Smith or any representative of the Athletics Department in deciding to terminate Waters\u2019s employment. (Drake Dep. at 138 (stating that his conversations about the Band were \u201cwith the Provost to whom the School of Music reported 17 because that was the proper reporting relationship\u201d)). In Buchman\u2019s case, Jarmond placed her on a performance improvement plan after consulting with Heaton, the Athletics Department\u2019s Human Resources Director. That Waters and Buchman worked in different departments and received discipline from different supervisors strongly indicates that they were not similarly situated. See Mitchell, 964 F.2d at 584; Radue v. Kimberly-Clark Corp., 219 F.3d 612, 618 (7th Cir. 2000) (\u201cDifferent employment decisions, concerning different employees, made by different supervisors, are seldom sufficiently comparable to establish a prima facie case of discrimination for the simple reason that different supervisors may exercise their discretion differently.\u201d). Ohio State has also shown that Drake was not aware of the Buchman situation when he decided to terminate Waters. Buchman\u2019s placement on a performance improvement plan and her later termination predated Drake\u2019s arrival at Ohio State. (Drake Dep. at 285). And Drake did not learn about Buchman or the nature of her situation until the summer of 2015, one year after the termination of Waters. (Id. at 122-23, 142-43). Thus, Drake did not know about or consider Buchman\u2019s situation or the discipline she received when he was evaluating what action he would take in regards to Waters. Cf. Seay v. Tennessee Valley Auth., 339 F.3d 454, 480 (6th Cir. 2003) (holding that plaintiff and comparator, who worked in different departments for different supervisors, could still be similarly situated if plaintiff could establish that his supervisor was \u201cwell- aware of the discipline meted out to past violators\u201d by the employer). Waters points out that Drake may have initially thought Waters worked for the Athletics Department. When Drake first arrived at Ohio State and learned of the Waters investigation, he approached Smith to check to see if the Band was part of the Athletics Department. (Drake Dep. at 123-25, 130). However, Smith informed him that the Band was not, and by the time Drake considered whether to terminate Waters, he knew that Waters was not employed by the Athletics Department. (Id. at 125; Smith Supp. Aff. at \u00b6 14). The evidence establishes beyond dispute that Drake did not treat Waters as though he were an Athletics Department employee at the time of the decision to terminate and that Smith did not provide any input to Drake about how to handle the situation regarding Waters and the Band. (Drake Dep. at 139 (stating that his conversation with Smith about Waters and the Band situation was \u201cvery brief\u201d and limited to \u201cthe reporting structure\u201d); Smith Supp. Aff. at \u00b6 14 did not speak to President Drake regarding the decision to terminate Mr. Waters and was not involved in the decision to terminate Mr. Waters.\u201d)). Waters also points out that he and Buchman both were unclassified employees who held the title of Director. But without more, these similarities are superficial, particularly for an institution as 18 large as Ohio State. Waters has not articulated what significance these similarities have in the context of this case. If anything, that he and Buchman were at-will employees who held leadership positions over programs in different departments suggests that each were subject to their own supervisors\u2019 discretionary evaluations of their leadership skills, and likely less subject to any common set of criteria regarding their job performance. Discovery indeed has established that Drake and Jarmond were not applying the same criteria, standard or policy in making their respective decisions. Cf. White v. Duke Energy- Kentucky, Inc., 603 Fed. App\u2019x 442, 448 (6th Cir. 2015) (finding that managerial employee and non- managerial employee could be similarly situated if a uniform company policy applied the same to both). Though Waters correctly notes that Ohio State has sexual harassment policies applicable to all University departments, Drake testified at length that the decision to terminate was uniquely his own and not pursuant to any policy. (Drake Dep. at 29-30, 39, 65, 72-73). Drake had just arrived at Ohio State when he received a draft version of the Investigation Report, and he was unfamiliar with specific University policies. Through conversations with senior-level individuals at Ohio State, he attempted to gain a sense of context, not about University policy, but about recent incidents and issues concerning Waters and the Band. Drake reached the opinion that the Investigation Report had a substantial basis in fact and he personally concluded that Waters had failed to act in a timely and forthright manner in response to the issues concerning the Band. Drake\u2019s decision to terminate stemmed from his view of the seriousness of the Band\u2019s culture problems and his belief that Waters had acted dishonesty and failed in leadership. In Buchman\u2019s case, by contrast, Jarmond consulted with a Human Resources Director who advised him of the University\u2019s policies regarding performance improvement plans and a coach\u2019s obligations to report inappropriate conduct between a student and staff. Jarmond\u2019s decision thus resulted from his application of University policy to a situation for which he believed education and training, rather than discipline, was the primary need. The court further finds as a matter of law that Waters and Buchman did not engage in the same or substantially similar conduct. \u201cIn order for the conduct of a comparable employee and the Title plaintiff to be considered the \u2018same conduct,\u2019 it must be similar in kind and severity.\u201d Barry v. Noble Metal Processing, Inc., 276 Fed. App\u2019x 477, 483 (6th Cir. 2008) (citing Clayton v. Meijer, Inc., 281 F.3d 605, 611 (6th Cir. 2002)). It should be noted from the outset that the posture in which the respective actions of Waters and Buchman came under review differed greatly. Unlike 19 Buchman, Waters was the subject of two Title complaints, one of which led to the Investigation Report. Several key factors readily distinguish Waters\u2019s conduct from that of Buchman. The court starts with knowledge. Waters admitted he had knowledge of Midnight Ramp, \u201ctremendously offensive\u201d nicknames and \u201cvulgar\u201d Trip Tics. (Investigation Report at 17; Written Statement at 4113, 4114); Waters Dep. at 277-79 (acknowledging that he attended Midnight Ramp after he became Director and describing it as \u201cUndie Run type [of] antics\u201d); id. at 233 don\u2019t disagree that there were culture issues in the band.\u201d)). He knew of an assault reported by a female Athletic Band member to him in March 2013 and of a rape committed by a male Band member in October 2013. Steinmetz and a communications employee had both confronted Waters about culture problems within the Band. In contrast, Buchman knew only of the fact that one of her students had received a private text message from an assistant coach. She did not know or have reason to know of the message\u2019s content and the student expressly asked her not to do anything further about the matter. Next, Waters had a much greater level of involvement in the conduct at issue than did Buchman. Waters was present at Midnight Ramp and possessed a copy of a Band directory (updated June 2014) listing \u201csexually explicit nicknames, including some given to new members in 2013.\u201d (Investigation Report at 17). Witnesses stated that Waters had copies of Trip Tics and was present in September 2013 on a bus where students engaged in sexually suggestive conduct. (Id.). It was Waters who verbally attacked a student drum major in a recorded conversation and Waters who attempted to prevent a female member from traveling with the Band after she reported being the victim of sexual assault. In contrast, there is no evidence that Buchman ever participated in inappropriate conduct or witnessed such conduct by her staff or students prior to her placement on a performance improvement plan. The nature of misconduct on Buchman\u2019s part was in failing to report the text message to a superior or Human Resources. It is important to note that later when Buchman did have knowledge of what her assistants had done and chose to continue to associate them, she received the same disciplinary action as Waters did \u2013 termination of her employment. The slow and evasive responses of Waters to the Band\u2019s issues distinguish him from Buchman as well. Even prior to the filing of the Title complaints in May 2014, Waters had a record of being reluctant to address Title issues, failing to schedule Title training and denying to other University officials that the Band had a current culture problem. Drake saw those same tendencies continue as Waters responded to the investigation of the Title complaints. Waters 20 preferred an \u201cevolving\u201d approach to changing the Band\u2019s sexualized culture and believed the initiative for change should come from student leaders. He pledged to end Midnight Ramp and the use of nicknames only after began its investigation. (Investigation Report at 19; Written Statement at 4114). And Waters denied to an investigator that he had yelled or cursed at a student, despite the audio recording of his verbal attack of the drum major. By comparison, Buchman responded immediately to the report of the text message \u2013 calling a staff meeting and admonishing her coaches to \u201ckeep all communications public\u201d and \u201cthink before you are pushing somebody,\u201d though she did not further report the text to the proper channels. Finally, the court rejects plaintiff\u2019s argument that it is \u201ccommon sense that marching bands and cheerleaders are similar units.\u201d The public appearances that the Band and Spirit Squad made at football games and other such events have no relevance to the conduct at issue in this case. This is not a case, for instance, about the Band and Spirit Squad both failing to follow instructions from the Fan Experience Director during a game and Waters receiving more severe discipline than Buchman did. Nor is it a case where Waters and Buchman both falsified travel expenses to common events and Buchman was treated more leniently. Rather, the conduct at issue here \u2013 Waters\u2019s knowledge of, involvement in, and response to the Band\u2019s sexualized culture and Buchman\u2019s handling of the report of the text message \u2013 does not relate to their appearances at sporting events, fundraisers, and the like. Accordingly, the court finds that plaintiff has failed to demonstrate the existence of a similarly-situated individual and thus has failed to establish a prima facie case of reverse gender discrimination. B. Legitimate, Non-discriminatory Basis for Termination and Pretext Even if plaintiff could establish a prima facie case, Ohio State would still be entitled to summary judgment. \u201cOnce the plaintiff establishes a prima facie case, the burden shifts to the defendant to offer a legitimate, non-discriminatory reason for the adverse employment action at issue.\u201d Sutherland v. Michigan Dep\u2019t of Treasury, 344 F.3d 603, 614-15 (6th Cir. 2003). Ohio State has satisfied this burden. Through the testimony of Drake and the related substantiating evidence, Ohio State has demonstrated beyond material dispute that Drake had a basis for determining that Waters had failed in leadership and destroyed any sense of trust that could have made his failings correctable. Waters argues that Ohio State\u2019s claimed basis for termination is pretext. When a defendant meets its burden, \u201cthen the burden of production shifts back to the plaintiff to demonstrate that the 21 proffered reason is a pretext.\u201d Sutherland, 344 F.3d at 615 plaintiff may establish pretext by showing that the proffered reason: \u201c(1) has no basis in fact; (2) did not actually motivate the adverse employment action; or (3) was insufficient to warrant the adverse action.\u201d Ladd v. Grand Trunk W. R.R., Inc., 552 F.3d 495, 502 (6th Cir. 2009). Under the third category, Waters argues that Buchman engaged in conduct that was substantially similar to his, yet she received a performance improvement plan. According to Waters, this shows that his conduct was insufficient to warrant termination. The court disagrees because, as explained above, the record establishes beyond genuine dispute that Waters engaged in more serious conduct than Buchman did. Waters next argues that his conduct was insufficient to warrant termination because Dr. Christopher Hoch, who began serving as an Associate Director of the Band in 2012, was equally aware of the Band\u2019s sexualized culture yet was retained and named as Waters\u2019s replacement. The record does contain evidence from which an inference could be made that Dr. Hoch had some knowledge of the Band\u2019s sexualized culture. (Investigation Report at 5-6, 10; Waters Dep. at 130- 31). Even so, Drake explained that he terminated Waters because as the Director he had the authority and responsibility to effect prompt change but failed to do so. (Drake Dep. at 26 (\u201c[I]t was really the response of the person in charge, the Director, that was what led me to the decision that the Director needed to be replaced.\u201d). Dr. Hoch was not in the Director role at the time of the events at issue and thus did not commit the failures in leadership which caused Drake to terminate Waters. (Id. at 43 (\u201c[W]hat was most important to me was what Mr. Waters himself did as Director.\u201d); id. at 101 (\u201c[T]he job of the Director wasn\u2019t to attempt. The job was to correct these things . . . .\u201d)). Finally, turning to the second category of pretext, Waters argues that the actual motivation for his termination was Ohio State\u2019s desire to appease the Office of Civil Rights. Waters contends that the timing of the May 2014 Title complaints and ensuing Investigation Report jeopardized the resolution of OCR\u2019s compliance review of Ohio State and that Ohio State made Waters into a scapegoat to prove to how swiftly it could respond to Title issues. Plaintiff\u2019s theory is not supported by the record. Glaros testified that no one at said or did anything to influence how conducted the investigation or what conclusions it reached. (Glaros Dep. at 245-46, 248). That is did not provide any advice on how should conduct the Waters investigation, nor did it suggest what action Ohio State should take against him. (Id. at 246, 250 did not threaten to fine Ohio State or take away funding or otherwise go 22 easier on Ohio State if it terminated Waters or male employees. (Id. at 249-50). Further, no one at or Ohio State exhibited any concerns about how might react to the Waters investigation or its resolution. (Id. at 247; Tobias Dep. at 90-91). Moreover, this theory offers no support to plaintiff as to the ultimate issue in this case \u2013 whether Ohio State terminated Waters because he is a man. See Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 153 (2000) (\u201cThe ultimate question in every employment discrimination case involving a claim of disparate treatment is whether the plaintiff was the victim of intentional discrimination.\u201d); Bobo v. United Parcel Serv., Inc., 665 F.3d 741, 751 (6th Cir. 2012). Even if the real reason that Ohio State terminated Waters was to appease OCR, there is no evidence to support an inference that a discriminatory animus against men motivated the alleged effort to scapegoat Waters. Drake testified that gender played no role in his decision to terminate Waters. (Drake Dep. at 115-17, 284). Glaros testified that he does not have an animus against men and that the Waters investigation was not handled any differently because of Waters\u2019s gender. (Glaros Dep. at 243-44). And no one at communicated or conveyed to Ohio State that it had an animus against Waters or against men. (Id. at 250-51). Waters makes much of Ohio State\u2019s decision to wait until after-the-fact to inform of the investigation and his termination. He contends that Ohio State did this so it could control the narrative of the situation and that it did so successfully, as evidenced by simply accepting Ohio State\u2019s findings and recommendations without further scrutiny. Again, this contention in no way suggests gender-based animus. The example of the purported comparator, Buchman, is telling. When Buchman became the subject of a complaint and was terminated after an investigation found that she had continued to associate with Hollins and Bumbrey after she became aware that they had engaged in misconduct, Ohio State did not inform of the matter until after-the-fact. In other words, Ohio State took the same approach of informing of the terminated female employee as it did of the terminated male employee. Accordingly, the court finds as a matter of law that plaintiff has failed to carry his burden of demonstrating that the evidence supports an inference that Ohio State\u2019s basis for termination was pretext for discrimination. C. Cat\u2019s Paw Theory Plaintiff argues that even if Drake did not act with discriminatory animus, he can show that Drake\u2019s decision to terminate was influenced by individuals who did act with such animus cat\u2019s paw theory refers to one who uses another to accomplish his improper purposes. See Staub v. 23 Proctor Hosp., 562 U.S. 411, 415 n.1 (2011); Arendale v. City of Memphis, 519 F.3d 587, 604 n.13 (6th Cir. 2008). \u201cWhen an adverse hiring decision is made by a supervisor who lacks impermissible bias, but that supervisor was influenced by another individual who was motivated by such bias, . . . the employer may be held liable under a \u2018rubber-stamp\u2019 or \u2018cat\u2019s paw\u2019 theory of liability.\u2019\u201d Arendale, 519 at 604 n.13 (citing Ercegovich, 154 F.3d at 355 plaintiff proceeding under a cat\u2019s paw theory must show: (1) a supervisor motivated by discriminatory animus; (2) who intended to cause an adverse employment action; and (3) proximately caused the adverse employment action. Staub, 562 U.S. at 422; Chattman v. Toho Tenax Am., Inc., 686 F.3d 339, 351 (6th Cir. 2012). Ohio State argues that a cat\u2019s paw theory, though accepted in Title cases, should not be allowed in Title cases. It argues that a theory resting on vicarious liability is not available because Title IX, unlike Title VII, does not include the actions of an \u201cagent\u201d in defining the scope of liability. See Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 283 (1998) (\u201cTitle contains no comparable reference to an educational institution\u2019s \u2018agents,\u2019 and so does not expressly call for application of agency principles.\u201d). In response, Waters contends that Ohio State\u2019s distinction regarding agency law makes sense only for harassment claims, as in Gebser, and not for claims based on an adverse disciplinary action by the educational institution. See David S. Cohen, Limiting Gebser: Institutional Liability for Non-Harassment Sex Discrimination Under Title IX, 39 Wake Forest L. Rev. 311 (2004) (arguing that agency principles should be applied to determine institutional liability in non- harassment Title cases). The court declines to address this issue of law because Ohio State has thoroughly established that it is entitled to summary judgment on the facts of the cat\u2019s paw theory. Plaintiff asserts that Glaros and Tobias influenced Drake\u2019s decision by way of the Investigation Report they prepared.11 There is no dispute that the Investigation Report influenced Drake\u2019s decision, even if he did consider other conduct not addressed in the Report. (Drake Dep. at 21-22). However, the record is devoid of any evidence to support an inference that either Glaros or Tobias acted with discriminatory animus towards Waters. Both individuals testified that they did not have gender animus against men and were not motivated by such animus when conducting the investigation or preparing the Investigation Report. (Glaros Dep. at 243-44, 248, 251; Tobias Dep. at 25, 90, 100, 108, 114-15, 130, 139, 143, 146-47, 149, 204). Nor did anyone with gender animus influence them. (Glaros Dep. at 245-46, 248; Tobias Dep. at 25, 90). Further, Glaros and Tobias 11 Plaintiff does not assert that Glaros or Tobias communicated with Drake outside of the Investigation Report. Glaros did not speak to Drake about the Report (Glaros Dep. at 237; Drake Dep. at 65), and Drake did not identify Glaros or Tobias as individuals with whom he spoke as he gathered information about Waters and the Band. 24 were the same individuals whose investigation cleared Waters of the Title claim that he had retaliated against a female student for having reported a rape. Cf. Voltz v. Erie Cnty., 617 Fed. App\u2019x 417, 425 (6th Cir. 2015) (holding that a cat\u2019s paw theory failed where the purported influencer had drafted a report exonerating the plaintiff of wrongdoing). In the course of discovery, the court ordered Ohio State to produce over 800 pages of draft or \u201credline\u201d versions of the Investigation Report. (Doc. #145). The drafts show the many changes that were made prior to the final Investigation Report. Plaintiff has not cited any of the changes as constituting evidence of a discriminatory motive. Instead, Waters contends that the Investigation Report is flawed because it is the product of an \u201cinept investigation\u201d and \u201cfaulty methodology.\u201d Waters argues that: Glaros had never before supervised a Title investigation; Tobias had never before conducted a Title investigation; they improperly confined the number of interviews to a relative handful of witnesses when thousands of current and former Band members could have been interviewed; Tobias failed to record witness interviews; and they included irrelevant and disparaging content in the Investigation Report. This critique of the Investigation Report does not in any way show a gender-based animus on the part of Glaros or Tobias. Waters has not demonstrated that the investigation was such a sham that one could conclude that it was pretext for discriminatory animus. See Fiely v. Essex Healthcare Corp., No. 3:13CV2005, 2015 370093, at *3 (N.D. Ohio Jan. 27, 2015) (rejecting plaintiff\u2019s argument that defendants\u2019 \u201cincomplete\u201d investigation and \u201cfailure to interview\u201d certain individuals supported a cat\u2019s paw theory \u2013 \u201c[w]hile with hindsight one may identify imperfections in the investigation . . . plaintiff has not shown that the investigation was a sham, much less that it in any way manifested or sought to cover up age discrimination\u201d). Rather, Waters has submitted hearsay statements, in the form of letters addressed to Drake and authored by three individuals who were interviewed by OUCI. (Doc. #144-1, Exs at 6682, 6688, 6694). In these letters, one interviewee stated that not all of his comments were included in the Investigation Report (Ex at 6682), another stated that she was not asked about the circumstances under which she was assigned a certain nickname, which she was not personally offended by (Ex at 6689), and the last stated that she did not feel sexually harassed in the Band (Ex at 6695). Even if considered, these hearsay statements do not disprove the existence of the sexualized culture described in the Investigation Report. (Ex at 6684 (\u201cOn the topic of \u2018nicknames,\u2019 these names happen.\u201d . . . \u201cThe tradition of Midnight Ramp took place in a lighthearted atmosphere.\u201d). 25 In the final analysis, the record contains no genuine dispute that OUCI, in discharging its legal obligation to investigate the Title complaint in timely fashion, conducted interviews of the parties involved and others likely to have relevant knowledge, objectively reported its findings on the basis of corroborated evidence and Waters\u2019s own admissions, accurately stated the applicable Title standards, and made recommendations within a reasonable range of the application of those standards to the findings. The record contains no evidence from which an inference could be made that the Investigation Report was the product of a discriminatory animus against men on the part of Glaros or Tobias. Accordingly, the court finds that Ohio State is entitled to summary judgment against plaintiff\u2019s cat\u2019s paw theory. D. Summary Because Waters has not established a prima facie case, has not submitted evidence supporting an inference that the legitimate, non-discriminatory basis for his termination was pretext, and has failed to support his cat\u2019s paw theory, Ohio State is entitled to summary judgment on plaintiff\u2019s Title claim for reverse gender discrimination. IV. Motion for Rule 56(d) Relief A. Prefatory Statement 1. Rule 26(b) Recently-amended Rule 26(b) provides: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party\u2019s claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties\u2019 relative access to relevant information, the parties\u2019 resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Fed. R. Civ. P. 26(b)(1). The 2015 amendments to the Federal Rules of Civil Procedure \u201care the product of five years of intense study, debate, and drafting to address the most serious impediments to just, speedy, and efficient resolution of civil disputes.\u201d Chief Justice Roberts, 2015 Year-End Report on the Federal Judiciary at 4. They \u201cmake express the obligation of judges and lawyers to work cooperatively in controlling the expense and time demands of litigation.\u201d Id. at 6. Under amended Rule 1, the Rules 26 \u201cshould be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.\u201d Fed. R. Civ. P. 1 (emphasis added). Amended Rule 26(b) brings an end to the days of nearly unlimited discovery and \u201cencourage[s] judges to be more aggressive in identifying and discouraging discovery overuse.\u201d Fed. R. Civ. P. 26, Advisory Committee Notes to the 2015 Amendment. The proportionality standard is the instrument by which judges and practitioners are to bring about a change in the culture of discovery, requiring lawyers, with the guidance of involved judges, to \u201csize and shape their discovery requests to the requisites of a case.\u201d C.J. Roberts, 2015 Year-End Report at 7; see also Fed. R. Civ. P. 26, Advisory Committee Notes to the 2015 Amendment (encouraging district courts to be actively involved in managing discovery \u201cwhen the parties are legitimately unable to resolve importance differences\u201d). The proportionality standard is not one behind which lawyers may simply offer boilerplate arguments. See Fed. R. Civ. P. 26, Advisory Committee Notes to the 2015 Amendment. Rather, the parties should explain why the information being sought \u201cis important to resolving the case and why it would be a good use of [resources] to search for it,\u201d as well as explain the burden or expense of complying with a discovery request. Wilmington Trust Co. v Generating Co., No. 2:13-cv- 1213, 2016 860693, at *2 (S.D. Ohio Mar. 7, 2016). \u201cThe court\u2019s responsibility, using all the information provided by the parties, is to consider these and all the other factors in reaching a case- specific determination of the appropriate scope of discovery.\u201d Fed. R. Civ. P. 26, Advisory Committee Notes to the 2015 Amendment. 2. Applying the New Discovery Principles to the Course of Discovery Chief Justice Roberts commented that the \u201cpractical implementation of the [2015 civil rule amendments] may require some adaption and innovation.\u201d C.J. Roberts, 2015 Year-End Report at 9. This need for adaption and innovation is one that the court has taken to heart. The court believes that implementation of the new discovery rules will require improved case management by district judges, a culture of cooperation among lawyers, and active and early involvement by judges to fashion discovery that is proportional to the needs of the case. The adoption of certain protocols or measures will advance this effort and may include: case management conferences early in the litigation; requiring parties to submit joint discovery plans; the judge being available to timely resolve disputes; regular discovery conferences or hearings; stays of discovery to resolve pure legal issues; the use of affidavits to determine whether more costly avenues of discovery, such as depositions, would be justified; and the rolling submission of information produced during discovery to the court 27 so that it can better evaluate the need for additional discovery in light of the discovered facts. Below is a review of the tools the court has employed in this action in an effort to implement the new discovery rules, and particularly to tailor discovery so as to make it proportional to the needs of the case. The court engaged in an early case review, identifying the legal issues implicated by the claims asserted in the complaint. On the same day it filed an answer, Ohio State moved for judgment on the pleadings, which sought to dismiss all of plaintiff\u2019s due process claims and his Title claim. The court stayed discovery pending consideration of Ohio State\u2019s motion, doing so because the motion presented several threshold challenges to plaintiff\u2019s due process claims and because plaintiff had made clear his intention to seek wide-ranging discovery. It was apparent that the discovery sought could impose a substantial burden on Ohio State and third parties, not only in terms of time and resources, but also raising attorney-client privilege and privacy concerns. For instance, in his initial Rule 26 disclosures, plaintiff named 40 individuals he claimed might have discoverable evidence, including President Drake\u2019s predecessor at Ohio State, the General Legal Counsel and Deputy Legal Counsel, members of the Board of Trustees, and the Title complainants and witnesses involved in the investigation. The court granted the motion for judgment on the pleadings in large part, leaving plaintiff\u2019s reverse gender discrimination claim as the sole remaining claim in the case. (Apr. 24, 2015 Opinion and Order, Doc. #27). The court soon thereafter conducted a discovery conference with the parties on May 1, 2015 to determine the proper scope and timeframe for discovery. It was the court\u2019s goal to identify and promptly resolve legal issues that would affect the scope of discovery, as well as to tailor discovery to the elements of the remaining claim. See C.J. Roberts, 2015 Year-End Report at 10 (encouraging judges \u201cto take on a stewardship role, managing their cases from the outset rather than allowing parties alone to dictate the scope of discovery and pace of litigation\u201d). At the May 1 discovery conference, the parties staked out positions that reflected a fundamental tension which carried forward though numerous discovery disputes and continues to the pending motion for Rule 56(d) relief. On one hand, Ohio State asserted that it could readily demonstrate that Buchman, the only comparator identified to that point, was not similarly situated to Waters because they worked in different departments and were disciplined by different supervisors. Ohio State argued that targeted, expedited discovery was appropriate. On the other hand, Waters argued that he had a much broader right to discovery, one not bounded by the department Waters worked for or the narrow time period beginning with Drake\u2019s arrival at Ohio 28 State and ending with Waters\u2019s termination. At a minimum, Waters sought to discover whether there was any direct evidence of discrimination, whether any individuals besides President Drake were involved in the decision to terminate and whether any other potential comparators existed. The court found that Waters was entitled to initial discovery that was somewhat limited in scope, but which could be expanded should the information gathered point to other relevant areas of inquiry. The court permitted \u201cdiscovery of direct and circumstantial evidence of reverse gender discrimination related to: (1) Lenee Buchman; (2) the School of Music; (3) adverse employment actions taken by President Drake; and (4) adverse employment actions taken by other departments or entities involved in the decision to terminate the Plaintiff.\u201d (May 1, 2015 Order, Doc. #29). These limitations were designed, in light of certain undisputed facts alleged in the complaint and answer, to tie the course of discovery to the elements of plaintiff\u2019s disparate treatment claim. The court sought to monitor the case closely and hold hearings or conferences as needed. To that end, the May 1, 2015 order instructed the parties to promptly seek the court\u2019s assistance in resolving any ensuing discovery disputes. The parties also were instructed to submit a joint discovery plan and schedule before June 29, 2015. In so requiring, the court intended to prompt counsel to perform their roles in working cooperatively to control the expense and time demands of litigation. Several discovery disputes soon arose, each stemming from the \u201cbreadth and complexity of plaintiff\u2019s initial requests\u201d and the \u201cnarrow responses of the defendants.\u201d (July 15, 2015 Order at 1, Doc. #42). The court found that the disputes \u201cdef[ied] the substance and spirit of the recent amendments to the Federal Rules of Civil Procedure which were intended to simplify and expedite discovery in civil cases\u201d and necessitated the court\u2019s being \u201cactively involved in the discovery process in order to ensure that this matter proceed[ed] efficiently, economically and expeditiously.\u201d (Id.) Upon reviewing the plaintiff\u2019s requests and defendant\u2019s responses, the court reiterated the importance of identifying the decisionmaker[s] involved in terminating Waters\u2019s employment: . . . Here the defendants\u2019 response to the plaintiff\u2019s initial discovery requests identifies the decision-maker as the president of the university, Dr. Michael V. Drake. Plaintiff should proceed with Dr. Drake\u2019s deposition forthwith. The scope of his examination would, of course, include his reasons for terminating plaintiff\u2019s employment, as well as any actions or statements he may have taken or made which would tend to show that he harbors a gender-based animus against men, the identity of anyone he communicated with or received communications from regarding his decision to terminate plaintiff\u2019s employment, and the role, if any, those communications had in his decision to terminate plaintiff\u2019s employment. 29 (July 15, 2015 Order at 2). While allowing plaintiff to depose Drake, the court determined not to allow the depositions of the Board of Trustees. The Board has 15 voting trustees, as well as 2 non-voting student trustees and 3 non-voting charter trustees. Its members include business executives, civic and community leaders, and leaders in the legal community. The court wanted to avoid the potential of numerous depositions becoming a fishing expedition requiring undue time of the witnesses and counsel. The critical initial inquiry was simply whether members of the Board played a role in the decision to terminate. Because early discovery indicated that the decision was one made by Drake and not by an action of the Board, the court found that the inquiry could be addressed by way of producing minutes of the Board and submitting affidavits from the Board members: Defendants shall forthwith provide plaintiff with the minutes of the Board of Trustees for the six-month period immediately preceding plaintiff\u2019s termination, which shall be accompanied by an affidavit from the secretary of the Board that they are a true and accurate account of what occurred at those meetings, and, if not, an explanation of any discrepancies. . . . Defendant shall also provide an affidavit from each member of the board of trustees describing his or her role, if any, in the termination of plaintiff\u2019s employment including any communications he or she may have had with President Drake regarding the termination of plaintiff\u2019s employment. (July 15, 2015 Order at 2). After the filing of the affidavits from these individuals, who stated that they did not participate in the decision to terminate Waters\u2019s employment, the court found no rationale to further involve them in discovery. The court took the same approach with Provost Joseph Steinmetz and Richard Blatti, Director of the School of Music \u2013 two individuals who had supervisory authority over Waters and potentially could have participated in the decision to terminate \u2013 and ordered that Ohio State produce affidavits in which they described their role, if any, in the termination of Waters\u2019s employment. (July 15, 2015 Order at 2-3). The court also instructed Ohio State to produce the affidavit of Athletics Director Gene Smith regarding the discipline and termination of Buchman and what role, if any, he played in the decision to terminate Waters. (July 30, 2015 Order, Doc. #45). Because of the likely influence that the Investigation Report had on the termination decision, the court permitted the deposition of Christopher Glaros: . . . Plaintiff shall proceed with the taking of Mr. Glaros\u2019s deposition. Plaintiff may inquire regarding any actions Mr. Glaros may have taken or any statements he may have made which would tend to indicate that he harbors a gender-based animus against men. The scope of the deposition will include any other investigations Mr. Glaros may have been involved with which concerned complaints similar to those lodged against plaintiff. The scope of this deposition shall not include a review or 30 examination of the findings made in Mr. Glaros\u2019s report, the procedures involved in the investigation, or the grounds for those findings. (July 15, 2015 Order at 3). Plaintiff soon thereafter moved to expand discovery to include discovery on the existence of cat\u2019s paw individuals and \u201ca review and examination of the findings made in the [Investigation Report], the procedures involved in the investigation, and the grounds for those findings.\u201d (Pl.\u2019s Aug. 3, 2015 Mot. to Expand the Scope of Discovery at 2, Doc. #46). As to cat\u2019s paw individuals, the court found that it had already directed such discovery \u2013 of Drake, the Board of Trustees, Steinmetz, Blatti and Glaros \u2013 and would continue to permit such discovery as the discovered facts warranted. (Aug. 14, 2015 Order, Doc. #52). As to the Investigation Report, the court reiterated that Glaros could be examined about his \u201cown attitudes and beliefs, as well as any other investigations of similar allegations that he has been assigned to, specifically any similar investigations involving females and, if there were any investigations involving females, whether there were any differences in his approach or the way he conducted the investigation or the standards that he applied or any other matters that would be related to the issue of whether he treated women differently than men in the course of such investigations.\u201d (Id. at 2). However, the court refused to permit plaintiff \u201cto conduct an examination consisting of a line by line review of the [Investigation Report] in an effort to identify every procedural or substantive part of the investigation which the Plaintiff disagrees with or every discrete finding or conclusion which the Plaintiff may dispute.\u201d (Id.). Finally, the court set a discovery deadline of September 15, 2015. On September 15, plaintiff moved to expand the scope of discovery to include, among other things, the production of redline drafts of the Investigation Report, the deposition of Jessica Tobias, the deposition of Lenee Buchman, the deposition of a representative of and communications between Ohio State and OCR. In order to better measure the proportionality of these requests, the court instructed the parties to submit summaries of the depositions of Waters, Drake and Glaros and identify testimony that the parties believed was relevant to the Title claim and any defense to that claim. (Sept. 22, 2015 Order, Doc. #69). The court granted the requests for production of redline drafts and to depose Tobias. (Oct. 21, 2015 Order, Doc. #82). The deposition testimony of Glaros made clear that Tobias had played an important role in conducting the investigation and preparing the Investigation Report and that the Report had undergone numerous revisions by Glaros and Tobias. Thus, the requests were proportional to the needs of the case. 31 The remainder of plaintiff\u2019s requests required further analysis and the court instructed the parties to submit expedited briefing. (Oct. 21, 2015 Order). Though Buchman was identified in the May 1 order as a proper subject of discovery, plaintiff did not depose her during the discovery period and did not obtain an affidavit from her. (Buchman Dep. at 161 (testifying that she refused to sign an affidavit that plaintiff\u2019s counsel had presented to her because she \u201cwas not comfortable putting something in writing that was not what said\u201d)). By that stage in the litigation, Ohio State had built a factual basis on which to present a substantial legal argument that Buchman, as a matter of law, was not similarly situated to Waters because they were employed in different department and were disciplined by different supervisors. The court, however, determined that under the law of the Sixth Circuit, these factors alone were not determinative and that \u201c[w]hether the same supervisor criterion \u2018is relevant depends upon the facts and circumstances of each individual case.\u2019\u201d (Jan. 20, 2016 Order at 2, Doc. #110 (quoting McMillan v. Castro, 405 F.3d 405, 414 (6th Cir. 2005)). Because there had been so little discovery concerning the circumstances and reasons why Buchman had been placed on a performance improvement plan, the court not only permitted plaintiff to take her deposition, but advised that Martin Jarmond (whom Smith identified as the individual who gave Buchman the performance improvement plan) could be deposed as well. (Id. (citing Smith Supp. Aff. at \u00b6 8)). As to the OCR-related requests, the court noted that Waters had already obtained a substantial number of documents through both a Freedom of Information Act request and Ohio State\u2019s production of documents between the date of termination and the date of the final, signed Resolution Agreement. The court found that further document production by Ohio State and a deposition of a nonparty representative of would not likely lead to relevant evidence or be proportional to the needs of the case. (Jan. 20, 2016 Order at 3). B. Analysis of the Rule 56(d) Motion Plaintiff argues that the course of discovery in this case was unduly limited, such that he is unable to properly oppose Ohio State\u2019s motion for summary judgment. Under Rule 56(d), \u201c[i]f a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition\u201d to a motion for summary judgment, the court may defer consideration of the motion and allow time for the nonmovant to take discovery. Fed. R. Civ. P. 56(d). The party seeking Rule 56(d) relief must \u201cindicate to the district court its need for discovery, what material facts it hopes to uncover, and why it has not previously discovered the information.\u201d Cacevic v. City of Hazel Park, 226 F.3d 483, 488 (6th Cir. 2000). \u201cRule 56(d) requires more than 32 speculation that, if it could obtain more discovery, a party might find some way to support a claim. It requires a specific explanation of what a facts the movant would assert are true and why it cannot yet prove them.\u201d Redhawk Glob v. World Projects Int\u2019l, No. 2:11-CV-666, 2012 2018528, at *5 (S.D. Ohio June 5, 2012). Plaintiff\u2019s motion for relief seeks discovery in three areas: (1) \u201call findings of misconduct by assistant cheerleading coaches Eddie Hollins and Dana Bumbrey\u201d; (2) Ohio State\u2019s answer to the following interrogatory: \u201cIdentify any and all employees to whom issued a performance improvement plan or whom terminated following a discovery of a sexualized culture and/or sexual harassment in an organization overseen, managed, or otherwise supervised by an employee(s) during the five (5) years preceding the termination of Plaintiff\u2019s employment\u201d; and (3) the facts forming the basis for the findings in the Investigation Report, \u201cas well as the methodology and procedures involved in the investigation.\u201d (Pl.\u2019s Mot. for Rule 56(d) Relief at 16, Doc. #143). 1. Hollins and Bumbrey Plaintiff argues that discovery concerning the misconduct in which Hollins and Bumbrey engaged will assist him in proving that the behavior in the Spirit Squad prior to Buchman\u2019s performance improvement plan was similar to that in the Band prior to Waters\u2019s termination. Ohio State counters that the discovery request is untimely and is not relevant or proportional to the needs of the case. The court agrees with Ohio State that the request is untimely. Plaintiff, from the beginning of this case, knew of Buchman as a potential comparator and alleged in the complaint the occurrence of \u201csexualized behavior in the cheerleading crew.\u201d (Compl. at \u00b6 147, Doc. #1)). In a discovery response dated June 8, 2015, Ohio State informed plaintiff that the University had terminated two assistant cheerleading coaches for \u201cinappropriate sexualized conduct.\u201d (Response to Request for Production No. 5, Doc. #143 at 6369). Plaintiff even obtained a declaration from Bumbrey on August 17, 2015. (Doc. 144-1, Ex at #6813). Despite this, and despite the court\u2019s May 1, 2015 grant of discovery relating to Buchman, plaintiff failed to seek the information during the discovery period and has also failed to offer a satisfactory explanation for his delay. The court further agrees that the requested discovery is not appropriate under Rule 26(b). Plaintiff seeks discovery on the \u201cfindings of misconduct\u201d committed by Hollins and Bumbrey, but 33 Ohio State has never disputed (for purposes of this case) that both individuals engaged in sexual misconduct that warranted their immediate terminations. (Smith Supp. Aff. at \u00b6\u00b6 6-7). At best for plaintiff, further discovery into what exactly these individuals did would only prove an assertion that Ohio State already concedes \u2013 that the misconduct was serious. What plaintiff is not asking for is discovery into the area of inquiry that is critical to his claim: whether Buchman endorsed, participated in or otherwise knew or had reason to know of the misconduct. Buchman\u2019s level of knowledge of the misconduct and response to it are relevant when comparing her situation to that of Waters. Buchman testified that she did not know of the nature of the misconduct until after she was placed on a performance improvement plan. Her testimony is unrebutted and the discovery plaintiff now seeks would not create a genuine dispute as to this material fact.12 2. Proposed Interrogatory Plainitiff\u2019s proposed interrogatory \u2013 concerning individuals at Ohio State who, for a five year period prior to plaintiff\u2019s termination, were placed on performance improvement plans following the discovery of sexual harassment or a sexualized culture \u2013 is likewise both untimely and not proportional to the needs of the case. Plaintiff again fails to justify why he waited until after the filing of defendant\u2019s motion for summary judgment to propose the interrogatory, particularly when it was well known to plaintiff that a performance improvement plan is what Ohio State used for Buchman. (Response to Request for Production No. 5 (Ohio State agreeing to produce Buchman\u2019s personnel file); Drake Dep. at 70-73 (plaintiff\u2019s counsel questioning Drake about performance improvement plans during a September 4, 2015 deposition)). More importantly, the facts discovered early in the case indicated that Waters was employed by the School of Music and that Drake made the decision to terminate Waters just a few weeks after he took office at Ohio State. Yet Waters has persisted, including in this latest proposed interrogatory, in seeking University-wide discovery of information that substantially predates the arrival of Drake at Ohio State. The requested discovery does not bear a reasonably close factual relationship to the undisputed circumstances of Waters\u2019s termination and is not proportional to the needs of this case. 12 Plaintiff does not contend that the misconduct of Hollins and Bumbrey was so pervasive that Buchman must have known of it. Indeed plaintiff admits that Buchman, even after her termination, \u201clacked personal knowledge\u201d about the precise conduct in which they engaged. (Pl.s Reply at 6 n.3, Doc. #153). 34 3. Methodology and Basis of the Investigation Report Plaintiff\u2019s final request has been presented several times before. As to methodology, Ohio State correctly observes that plaintiff has received adequate discovery on the matter. Even though the court\u2019s July 15, 2015 Order did not require Glaros to answer questions about the procedures involved in the investigation, Glaros testified to the following: the intake meetings for the Title complainants; the timetable for the investigation; the assignment and role of Tobias in the investigation; his own role in the investigation; whether other individuals at Ohio State exerted influence on how he or Tobias conducted the investigation; the selection of witnesses and the witness interview process; the evaluation of witness credibility; the questions asked of Waters; the documents from Waters\u2019s personnel file that were, or were not, relied upon; and the drafting and editing of the Report. (Glaros Dep. at 28-30, 84-86, 116-18, 121-25, 130-37, 192-93, 196-206, 220- 22, 226-31). Tobias offered similar testimony, as well as testimony on the receipt of the written statement from Waters and the efforts made to corroborate evidence. (Tobias Dep. at 23-25, 55-61, 65-66, 69, 74-88, 93-164). In deposing Tobias, plaintiff\u2019s counsel prefaced a line of examination by stating, \u201c[I]t is my intention to ask a whole series of questions about the methodology used in the investigation with the intention of inquiring and investigating whether the methodology was influenced by gender based animus.\u201d (Tobias Dep. at 92). After having examined Glaros and Tobias on the matter, having received 800 pages of drafts of the Investigation Report, and having made a critique of the Report\u2019s methodology (described in Section above), plaintiff has been unable to point to a single fact that would support an inference that \u201cthe methodology was influenced by gender based animus.\u201d Proportionality demands that no further discovery on the subject be permitted. Turning to the factual basis for the Report\u2019s findings, plaintiff argues that such discovery should be allowed in order to determine whether Ohio State\u2019s reasons for termination had no basis in fact and thus were pretext for discrimination. However, the Sixth Circuit provides that a \u201cplaintiff must allege more than a dispute over the facts upon which his discharge was based. He must put forth evidence which demonstrates that the employer did not \u2018honestly believe\u2019 in the proffered non-discriminatory reason for its adverse employment action.\u201d Braithwaite v. Timken Co., 258 F.3d 488, 493-94 (6th Cir. 2001). Discovery of the factual basis for the Report\u2019s findings would add no support to plaintiff\u2019s claim that Drake acted with discriminatory animus against men. Regardless of whether the Report was true or false, plaintiff has failed to submit any evidence that would support an inference that 35 Drake did not honestly believe the findings stated in the Report. Drake testified that he found the Report to be \u201cdetailed,\u201d \u201cconsistent\u201d and \u201cconvincing.\u201d (Drake Dep. at 21-22). Drake gathered additional information about the Band\u2019s culture (for example, through discussions with senior-level individuals at Ohio State and receipt of a copy of the Songbook) which supported the Report\u2019s findings. Plaintiff has noted that in an August 21, 2014 meeting with squad leaders of the Band, Drake stated believe the report is largely historical.\u201d (Tr. of Aug. 14, 2014 Meeting at 28, Doc. #1-1). Plaintiff interprets this statement as reflecting Drake\u2019s belief that many or most of the Band\u2019s sexualized practices had roots in the past and as reflecting Drake\u2019s belief that the persons to whom he spoke in the meeting had not personally engaged in those practices. But even accepting this interpretation, it does not undermine the proposition that Drake honestly believed that at least some of the practices continued into Waters\u2019s tenure as the Band\u2019s Director. And Ohio State has proved that proposition by uncontroverted evidence. The requested discovery also would not enable plaintiff to prevail on his cat\u2019s paw theory. To make a showing that the proffered reasons for termination had \u201cno basis in fact,\u201d a plaintiff \u201cmust put forth evidence that the proffered bases for the plaintiff\u2019s discharge never happened, i.e., that they are factually false.\u201d Abdulnour v. Campbell Soup Supply Co., LLC, 502 F.3d 496, 502 (6th Cir. 2007) (internal quotation marks omitted); accord Kline v. Tenn. Valley Auth., 128 F.3d 337, 356-57 (6th Cir. 1997); Manzer v. Diamond Shamrock Chem. Co., 29 F.3d 1078, 1084 (6th Cir. 1994). This is an insurmountable hurdle for plaintiff. Though plaintiff argues that additional discovery could show that the findings were based on false and inaccurate claims by witnesses, Waters\u2019s own concessions establish that at least some portion of the findings had some basis in fact and were not factually false. (Written Statement at 4113, 4114 (acknowledging his knowledge of Midnight Ramp, \u201ctremendously offensive\u201d and \u201cinappropriate\u201d nicknames, and \u201cvulgar and inappropriate\u201d Trip Tics); Waters Dep. at 233 don\u2019t disagree that there were culture issues in the band.\u201d); id. at 277-79 (Midnight Ramp)). Further, Waters conceded that upon becoming Director, he did not immediately eliminate Midnight Ramp or the use nicknames, and he endeavored to do so only after the investigation commenced. (Written Statement at 4113, 4114). The court thus finds that plaintiff is not entitled to the proposed discovery because it would not serve to resolve the issues relating to pretext. 36 V. Conclusion For the reasons stated above, Ohio State\u2019s motion for summary judgement (Doc. #132) is and Waters\u2019s motion for Rule 56(d) relief (Doc. #143) is DENIED. The Clerk of Court shall enter judgment in favor of the defendant. s/ James L. Graham United States District Judge DATE: August 12, 2016", "8276_106.pdf": "Nov 17, 2013, 02:43 Share Ohio State fired two assistant cheerleading coaches in May after sexual harassment accusations from cheerleaders, the Columbus Dispatch reported. The newspaper cited public records that said Eddie Hollins and Dana Bumbrey violated university policies following two anonymous tips to Ohio State's ethics hot line. Hollins made sexual jokes toward male cheerleaders and and slapped their butts, while Bumbrey made suggestive remarks to female cheerleaders, investigators found. One male cheerleader said he was removed from the squad after complaining of receiving sexually explicit text messages, his lawyer told the Dispatch. \"Ohio State University has no tolerance for this type of behavior spokesman Gary Lewis Jr. said in the newspaper report. \"The university conducted a complete and thorough investigation and found that the behaviors of Hollins and Bumbrey were inconsistent with university values and violated university policies.\" The university also ordered head cheerleading coach Lenee Buchman to attend sexual- harassment training for failing to report the male cheerleader's complaints. ESPN.com news services Ohio St. fired 2 cheerleading coaches"} |
7,738 | H. Prentice Baptiste | University of Houston | [
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8,846 | Michael Allen | Montclair State University | [
"8846_101.pdf",
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] | {"8846_101.pdf": "Open Pierce County County Council Boards & Commissions Legislation Tools Notify Me Categories All Categories All News Executive Ryan N. Mello Parks & Recreation District Court County Council Auditor Assessor-Treasurer Planning & Public Works Superior Court Medical Examiner Media Releases Human Services Budget & Finance Juvenile Court Prosecuting Attorney 1 Training - Sustainable Resources Newsletters Comprehensive Plan to End Homelessness Updates Parks - Orangegate Park Improvement Updates News Flash Home The original item was published from 8/21/2014 12:55:00 to 8/22/2016 12:00:06 AM. Prosecuting Attorney Posted on: August 21, 2014 [ARCHIVED] Teacher pleads guilty to sex with student \u2013 Today Michael Allen, 33, pleaded guilty to sexual misconduct with a minor in the first degree, and violation of a no contact order. Allen, a University Place biology teacher, had sex multiple times with his 17-year-old student. After he was arrested and charged, Allen continued to communicate with the victim, ignoring the court\u2019s no-contact order. He is scheduled to be sentenced on October 2, 2014, at 1:30 p.m. in room 260 of the County-City Building in Tacoma. \u201cOur schools should be safe havens,\u201d said Prosecutor Mark Lindquist. \u201cThis teacher abused the trust of his position and is being held accountable.\u201d In January, 2014 Allen and the victim, who was his teacher\u2019s aide, began exchanging phone calls and text messages. On January 17th, school administrators learned the two were spending time together, and they placed Allen on administrative leave. He was told not to contact the victim. During an internal investigation, administrators reviewed the victim\u2019s phone records and found thousands of messages she exchanged with Allen, including after Allen was placed on leave. Hello, welcome to the virtual assistant. Can help you find the answer to your question HELP? Pierce County wants to hear from you. Please select one of the following to talk to elected officials and staff, or to report problems in our community. Send a message Report an Issue File a Police Report - Codes Administered by - Affordable Housing Other News in Prosecuting Attorney Back to top School administrators contacted the University Place Police Department on February 11th to report the relationship. The victim told detectives she had sex with Allen three times after he was placed on administrative leave. Allen was arrested and charged, and the court imposed an order prohibiting Allen from contacting the victim. Allen posted $25,000 bail and was released. On February 24th, the victim told detectives that Allen had contacted her on Twitter and gave her a pre-paid cell phone so they could continue to talk. Allen was charged with violating the Court\u2019s order, and has been held in custody since March 20th CONTACT: Kelly Kelstrup Assistant to Prosecutor Mark Lindquist Pierce County Prosecuting Attorney\u2019s Office 253-798-7792 [email protected] Honoring Ron Hendry, former Prosecuting Attorney Posted on: April 18, 2024 Final defendant sentenced in senseless 2010 killing Posted on: October 14, 2022 County prevails in suit; ruling affirms that fleeing suspects responsible for their own actions Posted on: April 22, 2022 Hello, welcome to the virtual assistant. Can help you find the answer to your question? Property Information Hello, welcome to the virtual assistant. Can help you find the answer to your question?", "8846_102.pdf": "Home \uf105 Homepage Feature Story \uf105 Montclair State Professor Removed After Student Alleges Inappropriate Sexual Remarks Captured on Audio Montclair State University professor has been removed for allegedly making inappropriate sexual comments to a student. That student, who was interviewed by The Montclarion but asked to remain anonymous, is saying the university did not react fast enough. Michael Allen, an associate professor in the theatre and dance department, was a few months away from his 21st anniversary at Montclair State when students of his class, Playwrights of Color, received an email entitled \u201cMichael Allen is gone\u201d from Jessica Brater, the theatre studies program coordinator. Montclair State Professor Removed After Student Alleges Inappropriate Sexual Remarks Captured on Audio written by Erin Lawlor April 13, 2022 Homepage Feature Story Local News BREAKING: University Employees File Discrimination Lawsuit Against Montclair State University by Sal DiMaggio March 20, 2025 Working From Home: Women\u2019s Edition by Cassandra Michalakis March 18, 2025 Montclair State Campus Band Community Band by Elian Saldivar March 18, 2025 Men\u2019s Basketball Rolls Past Utica University in First Round by Adonis Jones March 17, 2025 Awards $40,000 in Scholarships by Meagan Kane March 17, 2025 \uf128 Like 1.6K Fans \uf130 Subscribe 0 Search our Archi The student alleges Allen confessed to having sexual feelings about the student, comments which were captured on audio. He said he had known Allen prior to being a student at Montclair State, and looked up to him as a father figure. Toward the end of September 2021, the student said Allen asked to meet with him to discuss working on a project with another student who had written a musical now realize, looking back on every conversation had with him, he would make inappropriate comments or make sexual remarks or statements,\u201d the student said. \u201cBut this time, he really just went full-on into extremely personal details about his personal life, feelings about students he teaches, trauma from his childhood [and] stuff about his family life that was deeply personal.\u201d In the one hour and 15 minute conversation, which the student had been recording for note-taking purposes, Allen revealed he had sexual feelings for the student while working on a production together years earlier. At the time, the student was 15 and Allen was 61. The student disclosed that people in the theatre industry are trained to be easy to work with and agreeable, which made it hard for him to come forward, but he knew he had to for himself and other students. The student filed an initial report to Human Resources (HR) and Title in September 2021. They told him he\u2019d have an outcome in late December or early January. According to the student, he did not hear anything for six months, forcing him to take matters into his own hands on March 20, when he emailed Montclair State President Jonathan Koppell, Dean Margaree Coleman-Carter and Brater himself understand why people don\u2019t ever speak up [at Montclair State],\u201d the student said essentially was gaslighting myself for six months until realized what they were doing to me was wrong.\u201d After making his initial report in September, he said he waited four days to find out the head of Title was on vacation and they hadn\u2019t moved forward with anything. The only thing he was offered at the time was assistance from Counseling and Psychological Services (CAPS). \u201cThis is beyond feelings,\u201d the student said want to make sure stuff actually gets done. This isn\u2019t about me. Yes, he had these feelings for me when was a minor, but am an adult now. What worries me is that there are children in Life Hall all the time, there is a children\u2019s center not half a mile from Life Hall, there are children in this man\u2019s life and what disturbed me beyond belief was that had a recording, concrete evidence and still, they had this at my very first meeting and no sooner action was taken.\u201d Allen\u2019s business card next to his office room number. John LaRosa | The Montclarion \uf12a Follow Us \uf105Uncategorized \uf105News \uf105Sports \uf105Feature \uf105Entertainment \uf105Opinion \uf105Homepage Latest Stories \uf105Homepage Feature Story \uf105Homepage News \uf105Videos \uf105Focus Immigration \uf105Focus Climate Change \uf105Focus Democracy 2020 \uf105Casey's COVID-cation \uf105Focus Racial Justice \uf105Focus Disruption \uf105Football \uf105Baseball \uf105Basketball \uf105#Focus \uf105Softball \uf105Field Hockey \uf105Soccer \uf105Ice Hockey \uf105Lacrosse \uf105Swimming and Diving \uf105Track and Field \uf105Cross Country \uf105Volleyball \uf11d In October 2021, one month after the student\u2019s first report, he finally got to meet with Ashante Connor and Yolanda Alvarez to go about a Title investigation. The student alleges that, for the six months between September 2021 and March 2022, nothing was done. The student said he was not updated on anything during these few months unless he reached out, which he said always resulted in disappointing news. When the report made its way to Koppell\u2019s desk on March 3, 2022, the student was told he would hear something back over spring break, but never did. Finally, on March 20, he took matters into his own hands and submitted his own report. Allen stopped teaching his courses shortly after was walking through these halls speaking to my classmates and other than two or three friends who really trusted no one really knew,\u201d the student said. \u201cThey got me to, for a while, be content with \u2018oh, nothing\u2019s happening,\u2019 but then woke up one day in February and was finally angry wrote to the president [in March] and said, \u2018you have a pedophile walking the halls of Life Hall.\u2019\u201d Besides what was said in the conversation, the student is not making any allegations that physical sexual misconduct of any kind occurred. Other students were shocked to hear this news. Eliza Andrus, a sophomore musical theatre major, was extremely disappointed in Montclair State when she read a post the student had made in the theatre department Facebook group didn\u2019t know [Allen] well before because he was mostly a theatre studies major [professor],\u201d Andrus said. \u201cBut when read [the student\u2019s] Facebook post made it known was not happy about the situation and that he was still a professor here.\u201d Sean Simpson, a senior theatre studies major and the victim\u2019s roommate, has heard the recording. He said he was not surprised when he heard the news of Allen. \u201cSadly wasn\u2019t shocked when heard [Allen] did this,\u201d Simpson said. \u201cThe sad thing is he did all that because he knew the department would basically protect him and he thinks he can do whatever he wants.\u201d Simpson said he saw how this took a toll on his roommate Montclair State professor in the theatre and dance department has been removed for making inappropriate sexual comments to a student. Erin Lawlor | The Montclarion \uf105Editorial \uf105Food \uf105Student Side Hustle \uf105Student Athlete Profile \uf105Photo Essay Shows & Movies \uf105Video Games \uf105Music \uf105Student Artist Profiles \uf105On Campus Events \uf105Local \uf105International \uf105National \uf105Book Reviews \uf105Clubs and Classroom Spotlights \uf105Professors and Staff Highlights \uf105#Since2020 \uf105Roller Hockey \uf105Focus Voting \uf105Student Works \uf105Fiction Writings \uf105Poems \uf105Editor's Picks \uf105In Photos \uf105Multimedia \uf105La Montclaria \uf11d \u201c[The victim] thought the process with would be swift,\u201d Simpson said. \u201cBut this process took months and months, and saw him become depressed to the point where he dropped out of the senior showcase for musical theatre majors. So, the way handled the situation definitely took a toll on him. We\u2019ve talked about it before and believe since it was a male- on-male sexual [allegation], they didn\u2019t take it as seriously as they should have.\u201d When asked a generic question on university procedures regarding sexual harassment and employee misconduct during an interview with student media, President Koppell said he understands the reporting process can be frustrating, but said he cannot discuss employee misconduct due to privacy implications. He went on to explain that the university takes these cases extremely seriously and that it is his highest priority to create a safe environment for everyone on campus. \u201cWhenever there is a discussion or report of whether allegations are being taken seriously or whether students\u2019 voices are being heard, if it\u2019s in The Montclarion or anywhere else always send a message and say want to know exactly what happened in this instance, give me the story that\u2019s not in the newspaper,\u2019\u201d Koppell said. The Montclarion reached out to Professor Allen via email to give him a chance to speak on the allegations. \u201cI\u2019m not interested,\u201d Allen said number of theatre students interviewed by The Montclarion said they were told by Allen that he is on a leave of absence and will retire afterwards. The Montclarion also reached out to College of the Arts Dean Daniel Gurskis, faculty union president Rich Wolfson, Title coordinators Alvarez and Connor, theatre studies program coordinator Brater and Qiana Watson, the associate vice president for compliance and labor relations, who all declined to comment. In response to the article, university spokesperson Andrew Mees gave a timeline on the communication between the student and the university. \u201cThe Deputy Title Coordinator received the initial complaint on Friday Oct. 1, 2021, and immediately scheduled a meeting with the complainant for the next business day, Monday Oct. 4, 2021. Over the next six months there were 11 more interactions between the university and the complainant (a combination of phone calls and in-person and Zoom meetings, all of which are documented) between October 2021 and March 2022,\u201d Mees said. \u201cBased on the circumstances surrounding this particular matter, it was addressed under The State Policy Against Discrimination, which dictates that cases be investigated and brought to conclusion within 180 days (120 days + 60 days extension if needed). The clock begins once there is a fully documented complaint and an Acknowledgment Letter is sent by the Director of Equity/Title Coordinator. That letter was sent Oct. 22, 2021, and the case was resolved prior to the 180 day deadline, which would have been April 20, 2022.\u201d Allen\u2019s office, where the allegedly inappropriate conversation happened. Erin Lawlor | The Montclarion \uf11d previous post next post Update: Corrections were made to reflect the general question student media asked to President Jonathan Koppell. The quote was not specifically in response to this case. University spokesperson Andrew Mees\u2019 response was also included in the story. This article has been updated to reflect that the recording was one hour and 15 minutes, rather than almost two hours ESSAY: Baseball Sweeps Ramapo College EDITORIAL: Stop Whining, Start Working BREAKING: University Employees File Discrimination Lawsuit Against Montclair State University March 20, 2025 Montclair State Campus Band Community Band March 18, 2025 Awards $40,000 in Scholarships March 17, 2025 Timothy Fox of the University Police Department Promoted to Deputy Chief March 17, 2025 Lion Tamers: Women\u2019s Basketball Defeats to Win Championship March 6, 2025 President Koppell Speaks to Campus Community About President Trump\u2019s Executive Orders March 4, 2025 0 \uf11d \uf11d"} |
7,881 | Alan Bearman | Washburn University | [
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] | {"7881_101.pdf": "Former employee files suit against Washburn, library dean Suit alleges sexual harassment, gender discrimination Tim Hrenchir Published 3:16 p.m June 3, 2013 Former Washburn University librarian Michelle Canipe contends in a recently filed lawsuit that Washburn Dean of Libraries Alan Bearman was abusive to her and other employees, even punching one in the face and head. Canipe\u2019s lawsuit petition alleges Bearman created a hostile and unhealthy work environment that caused her extreme depression, stress and anxiety, for which she had to be prescribed medication. The petition says that to the best of her knowledge, Washburn officials never reprimanded or corrected Bearman despite receiving \u201cmany complaints and reports from several female employees about abuse and discrimination.\u201d Attorneys representing Canipe alleged gender discrimination and sexual harassment in the federal suit filed May 13 in U.S. District Court in Topeka. Bearman and Washburn spokeswoman Dena Anson both told The Capital-Journal they have no comment on the matter at this time. The suit seeks damages in excess of $75,000 on each of five counts. It includes contentions that Bearman and Washburn created or tolerated a sexually hostile environment, and retaliated against Canipe for complaining about unequal treatment on the basis of sex. The petition says Bearman was interim dean of libraries from 2008 until he became permanent dean of libraries in July 2010. It says Canipe, who has master\u2019s degrees in English and information sciences, was an instructional librarian from January 2010 to May 2011 at Washburn\u2019s Mabee Library. The petition described various occasions in which it said Bearman bullied, harassed or sexually discriminated against Canipe, who submitted her letter of resignation May 9, 2011. The petition said the resignation was to take effect May 13, 2011 \u2014 with Canipe planning to use the rest of her personal leave days on May 12 and 13 \u2014 but Canipe was constructively terminated May 9 when she was placed on administrative leave and directed to clean out her desk. The petition also contends: \u00a6 Bearman referred to library employee Farhan Makda, a practicing Muslim and part-time pilot, as a \u201cterrorist\u201d who \u201cknows how to take off but doesn\u2019t know how to land.\u201d Makda acknowledged to Canipe that he was deeply offended but feared losing his job if he said anything. \u00a6 Makda received a phone call during a meeting with Bearman, Canipe and co- worker Tammy Baker and excused himself, leaving Baker to lead the meeting. When Makda returned after Baker left, \u201cBearman proceeded to throw Makda to the ground and proceeded to punch him in the head and face and said it was punishment for leaving us alone with Ms. Baker. Again Makda was fearful of reporting the abuse due to concern he would lose his job.\u201d \u00a6 Bearman used coarse and sometimes sexual language, and frequently touched his genital area. \u00a6 Instructional librarian Keith Rocci on multiple occasions called Canipe \u201chot.\u201d Rocci\u2019s behavior made Canipe uncomfortable around Rocci and unwilling to work alone with him, but Bearman made threats of \u201cretiring\u201d Canipe if she couldn\u2019t work with Rocci. \u00a6 Bearman showed negative perceptions and feelings toward women, including calling instructional librarian Rocci \u201cSally\u201d whenever he was trying to make a negative comment about him. \u00a6 Bearman had Rocci investigate the sexual orientation of a male applicant for a library job because Bearman \u201cwas unwilling to work with a homosexual and wanted verification that (the man) was heterosexual before offering him the job.\u201d \u00a6 During discussion about the use of a book about a woman losing one of her breasts being included in a reading program, Bearman became furious, pounded his fist on the desk and yelled that nobody wants to read about a woman\u2019s breasts. \u00a6 Judy Druse, then Washburn\u2019s assistant dean of libraries, acknowledged to Canipe that Bearman acted differently around her than he did around male colleagues. \u00a6 Upon seeing Canipe had a small, discreet tattoo on her foot, Bearman said, \u201cYou\u2019re one of those.\u201d The petition said Canipe knew from a prior conversation with a co-worker that Bearman meant \u201cwhores,\u201d as he had told the co-worker the only types of people with tattoos are \u201csailors and whores.\u201d The petition says Canipe filed a complaint alleging discrimination in December 2011 with the Equal Employment Opportunities Commission, which issued her a \u201cright to sue\u201d notice in February 2013.", "7881_102.pdf": "Apply About Indigo Magazine Advertise With Us Share Your Voice News Features Sports \uf1be \ue07b \uf16d \ue61b \uf39e \uf002 Search \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f News Washburn settles Bearman lawsuit Adam Vlach, [email protected] is a junior English and mass media major April 2, 2014 Michelle Canipe\u2019s lawsuit against Washburn and dean of libraries Alan Bearman was recently settled out of court March 11. Canipe, a former instructional librarian at Washburn\u2019s Mabee Library from January 2010 to May 2011, filed charges in 2011 against Bearman and Washburn University for sexual harassment, discrimination and creating a hostile work environment. There were fourteen listed counts. Bearman\u2019s attorney, Art Palmer, of the Goodell, Stratton, Edmonds & Palmer law firm motioned to dismiss Canipe\u2019s claims of \u201cdeprivation of plaintiff\u2019s Fifth and Fourteenth Amendment right to due process of Law,\u201d \u201cnegligent infliction of emotional distress,\u201d \u201cnegligent hiring,\u201d \u201cnegligent training,\u201d \u201cnegligent supervision,\u201d \u201cnegligent retention,\u201d \u201ctortious interference with contractual business relationship,\u201d \u201ccommon law retaliatory discharge,\u201d and \u201cinvasion of privacy\u2013false light.\u201d Canipe and her lawyers sought over $75,000 for each count. The lawsuit also contended that Bearman was abusive to other employees, including technology consultant Farhan Makda, but both Bearman and Washburn denied this. In Canipe\u2019s lawsuit, she also contended that Bearman would call instructional librarian Keith Rocci \u201cSally\u201d in a derogatory manner. Canipe then recalled an incident in which Bearman, seeing a small tattoo on her foot, said, \u201cYou\u2019re one of those \u201d \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f You re one of those. From a prior conversation with a coworker, Canipe learned that Bearman had once said the only types of people with tattoos are \u201csailors and whores.\u201d Bearman\u2019s and Washburn\u2019s response to that allegation was that Bearman made that comment in a context other than how Canipe interpreted it. Canipe also asserted that Bearman referred to Makda, a practicing Muslim who has a piloting license, as a \u201cterrorist\u201d who \u201cknows how to take off but doesn\u2019t know how to land.\u201d Bearman and Washburn denied this as well. Canipe then recounted an incident in which Bearman assaulted Makda. Makda confirms this, saying Bearman threw him to the ground and punched him in the head and arm repeatedly. Makda says Canipe witnessed this. Responding to this claim in Canipe\u2019s lawsuit, Bearman and Washburn denied this happened. In fear of losing his job, Makda did not press charges or report the attack to the police. \u201cWashburn and Bearman denied a lot of things,\u201d said Canipe. \u201cIn addition to the horrible things that happened to Farhan, they denied Bearman\u2019s \u2018sailors and whores\u2019 comment, they denied the frequency with which Bearman called Keith Rocci \u2018Sally\u2019 and they denied that Keith confirmed to me his being asked by Alan to investigate Sean [Bird]\u2019s sexuality during the hiring process.\u201d According to Canipe, Bearman was unwilling to work with a homosexual and wanted verification that Bird was heterosexual before offering him the job. Canipe says that she does have evidence that Rocci confirmed this to her. \u201cOn my last day at Mabee, one of my coworkers told me, \u2018We either deal with it or we choose to move on,\u2019\u201d said Canipe think there is a third option \u2013 to speak up. Speaking up is the only way to spread awareness and create positive change. That doesn\u2019t make it easy, but do think it is worth it.\u201d The lawsuit did not go to trial. Only about 1 percent of civil \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f g y p cases go to trial because of the high costs, says Larry Rute, the mediator of Canipe\u2019s and Bearman\u2019s settlement. After over seven hours of mediation, a settlement was reached that was mutually acceptable. According to Rute, the two parties typically split the mediation costs, which totaled $3,225.75. The amount Canipe received in the settlement is not shown in court records. To the best knowledge of several Washburn faculty members (who wish to remain anonymous), Washburn has taken no disciplinary measures regarding Bearman. Washburn\u2019s attorney could not comment on this matter. \u201cMany faculty and staff across campus have expressed that the whole situation was not handled well by the administration,\u201d said Ann Callies, director of the university Tutoring and Writing Center. Other library faculty members have declined to comment in fear of increasing the work environment hostility that Canipe spoke of in her lawsuit and to avoid termination by Bearman or Washburn for speaking up. Tom Prasch, who has worked with Bearman in the history department, was willing to comment on his experience with him. \u201cI\u2019ve always found him utterly unproblematic. I\u2019ve been delighted to work with him. I\u2019ve had no problems,\u201d said Prasch. \u201cI\u2019ve seen no evidence of sexual harassment on his part whatsoever, so always found these accusations just rather bizarre, but also don\u2019t know this court case or the settlement and don\u2019t know the terms and think none of us do. Given that, it makes it very hard to comment.\u201d President Jerry Farley and Vice President of Academic Affairs Randy Pembrook were unavailable for comment. Compliance officer Cynthia Waskowiak, an attorney for Washburn, was able to comment on Washburn\u2019s policy regarding harassment and discrimination. \u201cWashburn University has many mechanisms in place to support students, faculty and staff. When we learn of \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f concerns, we make an assessment to determine how best to respond,\u201d said Waskowiak. \u201cSometimes, an issue does not meet the legal standard for harassment or discrimination. In those cases, we have other processes to seek input from individuals who express concerns and we work with them to find possible solutions.\u201d Bearman had no comment on the issue. art palmer dean of libraries discrimination front hostile work environment michelle canipe settlement sexual harassment washburn lawsuit washburn settles bearman lawsuit Donate to The Washburn Review $295 $500 Contributed Our Goal Donate Leave a Comment Your donation will support the student journalists of Washburn University. Your contribution will allow us to purchase equipment and cover our annual website hosting costs. The Washburn Review Established 1885 \uf39e \uf16d \ue61b \ue07b\uf1be Enter Search Term \uf002 \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in 1700 College Ave. Topeka 66604 Phone: 785-670-2506 Email: [email protected] Hours: by appointment, contact Regina Cassell at [email protected] About Archives Student Media Staff \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f", "7881_103.pdf": "By The Associated Press | Posted - Dec. 17, 2015 at 2:01 p.m. Leer en espa\u00f1ol Estimated read time: 1-2 minutes This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story. TOPEKA, Kan. (AP) \u2014 Documents have revealed that Washburn University in Topeka paid $45,000 to settle a federal discrimination lawsuit involving its dean of libraries. The Topeka Capital Journal ( ) reports that Michelle Canipe, a former instructional librarian at Washburn, sued the university and Alan Bearman in May 2013, claiming the dean bullied, harassed or sexually discriminated against Canipe. Bearman had been interim dean of libraries from 2008 until he took the position permanently in June 2010. Canipe worked at the university's Mabee Library from January 2010 to May 2011. The lawsuit also claimed that Bearman and the school created or tolerated a sexually hostile environment and retaliated against Canipe for complaining about unequal treatment. Documents reveal settlement in Washburn University lawsuit U.S. Home 0 \uea8c \ue700 \ue600 \ue954 \ue901 Save Story News Sports Beyond Series Brandview TV/Radio Obituaries 45 U.S. The Associated Press Canipe sought damages of more than $75,000 on each of five counts. The lawsuit was subsequently amended twice to add 10 other counts. Federal court records show a U.S. district judge terminated the case in March 2014, indicating the parties had reached an agreement. The university provided the newspaper with a copy of the settlement Tuesday showing that Canipe received $27,000 and her attorneys received $9,000. ___ Information from: The Topeka (Kan.) Capital-Journal, Copyright \u00a9 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Most recent U.S. stories 1 of 2 who escaped from Colorado immigration detention is found nearby George Foreman, heavyweight boxer and purveyor of grills, dies at 76 Columbia agrees to government demands in bid to restore funding Related topics 0 Pending Comments More stories you may be interested in 0 News Sports Beyond Series Brandview TV/Radio Obituaries 45 DoorDash will let users buy now, pay later for fast food, a possible worrying sign for the economy denies Mexico's request for special delivery channel for Colorado River water Air traffic controller in Orlando stops Southwest Airlines pilots mistakenly trying to take off on taxiway 1. Another winter advisory issued in Utah ahead of spring temps 2. St. George man charged with 10 felonies following Predator Poachers' sting operation 3. Utah real estate agent breaks down anticipated impacts on housing market from tariffs 4. Trump signs order aimed at dismantling Department of Education 5. Luxury rail company plans to expand scenic train route to include more of Utah 6. Utahn arrested in Vernal accused of secretly recording women in work bathroom 7. 'Erratic' man arrested after forcing Sandy elementary school into lockdown 8 Postal Service workers protest against privatization of mail service 9. Utah nurse accused of killing former roommate for life insurance in yearslong plot 10. Reps. Maloy, Kennedy face hostile town hall crowd angry with Trump Get informative articles and interesting stories delivered to your inbox weekly. Subscribe to the KSL.com Trending 5. News Sports Beyond Series Brandview TV/Radio Obituaries 45 Enter your email Sign Me Up By subscribing, you acknowledge and agree to KSL.com's Terms of Use and Privacy Policy. \uea8c \ue700 \uea92 \ue900 \uea9d \ue903 \uea93 Mobile Apps | Newsletter | Advertise | Contact Us | Careers with KSL.com | Product Updates Terms of use | Privacy Statement Notice | Manage My Cookies Public File Report Public File Radio Public File Radio Public File | Closed Captioning Assistance \u00a9 2025 KSL.com Broadcasting Salt Lake City | Site hosted & managed by Deseret Digital Media - a Deseret Media Company News Sports Beyond Series Brandview TV/Radio Obituaries 45", "7881_104.pdf": "\uf002 Washburn Discrimination Lawsuit Settlement By Staff \uf017 December 17, 2015 TOPEKA, Kan. (AP) \u2013 Documents have revealed that Washburn University in Topeka paid $45,000 to settle a federal discrimination lawsuit involving its dean of libraries. Michelle Canipe, a former instructional librarian at Washburn, sued the university and Alan Bearman in May 2013, claiming the dean bullied, harassed or sexually discriminated against Canipe. The lawsuit also claimed that Bearman and the school created or tolerated a sexually hostile environment and retaliated against Canipe for complaining about unequal treatment. Federal court records show a U.S. district judge terminated the case in March 2014, indicating the parties had reached an agreement. The university provided the newspaper with a copy of the settlement Tuesday showing that Canipe received $27,000 and her attorneys received $9,000. \u2014 Information from: The Topeka (Kan.) Capital-Journal VIDEO: Safe Haven Baby Box Establis... \uf017March 21, 2025 Reward Offered After Horse Shot \uf017March 21, 2025 Salina Partners With Walk Kans... \uf017March 21, 2025 \uf015131 N. Santa Fe Ave Ste 3, Salina KS, 67401 \uf095785-823-1111 VIDEO: Safe Haven Baby Box Establis...... \uf017 March 21, 2025 Reward Offered After Horse Shot... \uf017 March 21, 2025 Salina Partners With Walk Kans...... \uf017 March 21, 2025 State Warns of Toll Scam... \uf017 March 21, 2025 Public Notices \uf101Kansas Lottery Line Up Copyright \u00a9 2007 - 2025 All Rights Reserved."} |
7,610 | Philip M. Ringle | Truckee Meadows Community College | [
"7610_101.pdf"
] | {"7610_101.pdf": "College Settles Sex-Harassment Lawsuit Against Sex President May 1, 2006 The Nevada System of Higher Education has agreed to pay $10,000 to a former employee of Truckee Meadows Community College to settle a sexual-harassment lawsuit against sex college\u2019s president, Philip M. Ringle. Anne-Louise Bennett, a former executive director of institutional advancement and foundation at the college, sued Mr. Ringle, the college, and the Nevada higher-education system in November 2005. The suit asserted that Mr. Ringle had created a hostile work environment after Ms. Bennett refused his invitation to have dinner at his home and join him in his hot tub while his wife was out of town. 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. First Name Enter your first name Last Name Enter your last name Email [email protected] Password your password Sign In 01/03/2025, 10:04 College Settles Sex-Harassment Lawsuit Against President 1/6 Already have an account We welcome your thoughts and questions about this article. Please email the editors or submit a letter for publication. Top Articles ATTACK' States Are Once Again Taking Aim at Tenure. This Time Might Be Different Opinion | Social Science Is Broken. Here\u2019s How to Fix It Opinion | Two-Thirds of Colleges Show Signs of Financial Stress. How Does Yours Stack Up Funding Is at a Standstill. This Professor Is Tracking the Delays. 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. Yes, please send me Academe Today, The Chronicle's daily flagship newsletter. Subscribe today for unlimited access starting at just $1/week. Share From the Chronicle Store 01/03/2025, 10:04 College Settles Sex-Harassment Lawsuit Against President 2/6 Visit The Store Subscribe today for unlimited access Start reading today for only $9/month Subscribe Now 01/03/2025, 10:04 College Settles Sex-Harassment Lawsuit Against President 3/6 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 View More Jobs Teaching First job. New challenge. Change of pace. Small step. Giant leap 01/03/2025, 10:04 College Settles Sex-Harassment Lawsuit Against President 4/6 Join a community of instructors and improve your teaching and learning outcomes with our free weekly newsletter. Email address Sign Up In The Chronicle Store Higher Education in 2035 The Future of Regional Publics 01/03/2025, 10:04 College Settles Sex-Harassment Lawsuit Against President 5/6 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. The Data Informed Campus The Neurodiverse Campus 01/03/2025, 10:04 College Settles Sex-Harassment Lawsuit Against President 6/6"} |
8,706 | Niranjan Baisakh | Louisiana State University | [
"8706_101.pdf",
"8706_101.pdf",
"8706_102.pdf"
] | {"8706_101.pdf": "7, 2021 LSU\u2019s Title scandal expands beyond athletic department with sexual assault allegations against AgCenter researcher By Stephanie Riegel (File photo \ue809 Already an INSIDER? Sign in. We are glad you enjoy reading Business Report. Continue reading this story and get to all our content from any device with a subscription now. Click to become an for under $2.50 a week \uf00c Get access to more than a decade of story archives. \uf00c Get access to our searchable data center of LISTS. \uf00c Get exclusive content only available to INSIDERS. Already an INSIDER? Sign in Honoring 2025 Hall of Fame Laureate Jay Campbell Travel elsewhere around the country, and it\u2019s hard to find the abundance of family- owned independent supermarkets that thrive across the Capital Region. Outlets like Calandro\u2019s, Calvin\u2019s Bocage Market, Matherne\u2019s, Alexander\u2019s and Oak Point Market are among the scores of retailers across the Baton Rouge area that lure shoppers with local and gourmet items alongside competitively priced staples. The growing Title scandal at expands beyond the athletics department as Daily Report details the troubling case involving an AgCenter researcher, who was By Daily Report Staff \ue809 Close As Business Report writes in its latest issue, many similar independent supermarkets across the nation were unable to compete with national conglomerates, but the Capital Region\u2019s numerous independents learned to up their game\u2014thanks in large part to the work of J.H. \u201cJay\u201d Campbell, the longtime executive and former president and of Associated Grocers who is one of Business Report\u2019s 2025 Hall of Fame laureates. Campbell retired from in 2017 after a 41-year career at that included a variety of roles, having guided the company\u2019s transformation into an efficient distribution center and provider of extensive retail support services. Sales under Campbell\u2019s tenure increased significantly. By 2005, a decade into his leadership, 10-year sales had almost doubled to $4.7 billion from $2.5 billion. Dividends distributed to member owners during the same period jumped to $20.4 million from $7.2 million. Today, the Anselmo Drive company has more than 650 full-time employees and annual sales topping $800 million, with member stores spanning Louisiana, Mississippi and Texas. Campbell, loathe to retire outright, continues working with and other companies as a consultant. Read the full story, and send comments to [email protected]. Do you think should be moved under the city- parish government umbrella? Yes No Not sure Vote View Results Crowdsignal.com \ue809 Close FranU and are partnering to create a direct- entry pathway to college Under-resourced high school students in Baton Rouge now have greater access to health care career opportunities, thanks to a new partnership offering annual scholarships and discounted dual enrollment courses. Franciscan Missionaries of Our Lady University (FranU) and the Baton Rouge Youth Coalition (BRYC) signed a memorandum of understanding on March 20 aimed at expanding awareness of FranU\u2019s academic programs and career paths, guaranteeing financial support for fellows who attend FranU, and strengthening BRYC\u2019s ability to support its alumni on campus. By Cynthea Corfah Allie Diefendorf, chief of programs for BRYC, signing the MOU. (Submitted photo) \ue809 Close Under the agreement fellows who meet specific criteria will be eligible for FranU scholarships ranging from $3,000 to $5,000 annually, based on unmet financial need as determined by the Free Application for Federal Student Aid (FAFSA). \u201cBy mitigating financial barriers, providing early hands-on experiences and integrating dedicated support systems both from and FranU, we are collectively ensuring our fellows don\u2019t just gain access to the health care industry, but flourish within it Chief of Staff Josh Howard tells Daily Report. Students who have completed ninth grade and maintain at least a 2.5 are eligible for dual enrollment at FranU with their high school\u2019s permission fellows can receive nearly a 70% discount on those courses, according to FranU Vice President for Enrollment Management Martin Aucoin. The partnership builds on an already strong relationship between FranU and BRYC. In 2024, the organizations collaborated to launch Wolfpack: Health Fellows Academy, a three-year pilot program that engages 120 students in immersive, hands-on learning experiences focused on health care careers, personal wellness, and community health currently serves 470 fellows in grades 8 through 12, representing 56 schools across public, private, charter, and home school systems. \ue809 Close", "8706_102.pdf": "Honoring 2025 Hall of Fame Laureate Jay Campbell Travel elsewhere around the country, and it\u2019s hard to find the abundance of family- owned independent supermarkets that thrive across the Capital Region. Outlets like Calandro\u2019s, Calvin\u2019s Bocage Market, Matherne\u2019s, Alexander\u2019s and Oak Point Market are among the scores of retailers across the Baton Rouge area that lure shoppers with local and gourmet items alongside competitively priced staples. Many similar independent supermarkets across the nation were unable to compete with national conglomerates, but the Capital Region\u2019s numerous independents learned to up their game\u2014thanks in large part to the work of J.H. \u201cJay\u201d Campbell, the longtime executive and former president and of Associated Grocers. By Maggie Heyn Richardson - March 5, 2025 \ue809 Campbell retired from in 2017, having guided the company\u2019s transformation into an efficient distribution center and provider of extensive retail support services. Today, the Anselmo Drive company has more than 650 full-time employees and annual sales topping $800 million, with member stores spanning Louisiana, Mississippi and Texas. Campbell, loathe to retire outright, continues working with and other companies as a consultant. Growing up in Shreveport, Campbell didn\u2019t imagine a future working in the supermarket industry. But things changed after he took a part-time job as a bookkeeper in AG\u2019s retail accounting department in 1972. He was at studying accounting at the time. Something pivotal happened in those years that would forever shape Campbell\u2019s feeling for AG. When his father died in 1975, no one was more surprised than Campbell when three of the company\u2019s top brass, including longtime President Hillar Moore Jr., showed up in Shreveport for the funeral. \u201cThey drove from Baton Rouge to Shreveport to go a funeral for a man they didn\u2019t know for a part-time worker who, at the time, was 23 years old,\u201d Campbell recalls. \u201cIt was one of the most impactful things I\u2019ve experienced, that they would have done that.\u201d Jay Campbell / Photography by Jackie Haxthausen \ue809 Close Shortly after, Campbell earned a law degree at and went to work full time for AG. Though he thought a career at the might be a good fit with his law and accounting degrees kept revealing itself as a remarkable place to work, he says. \u201cWhat sold me on the company, as a young person, was this extraordinary commitment to these independent retail groceries,\u201d Campbell says. He was also impressed by the camaraderie and relationships that had been built within the organization, \u201cnot only among people that worked there, but in their care and concern for those retailers.\u201d Campbell\u2019s 41-year career at included a variety of roles, including in-house legal counsel, internal auditor, manager of retail accounting, and controller. He advanced to chief financial officer and treasurer in 1987, and, in 1993, added chief operating officer to those responsibilities. In 1995, he was tapped to serve as president and CEO, a post he held for the next 20 years. When he stepped down, the board created a special role for him, executive chairman, to aid the transition. Sales under Campbell\u2019s tenure increased significantly. By 2005, a decade into his leadership, 10-year sales had almost doubled to $4.7 billion from $2.5 billion. Dividends distributed to member owners during the same period jumped to $20.4 million from $7.2 million. Known for his dogged focus on excellence, Campbell\u2019s North Star was to help AG\u2019s members stay competitive against a tumultuous grocery backdrop dominated by national conglomerates. He worked tirelessly to increase efficiencies in AG\u2019s distribution chain and to provide members a menu of technology and marketing services to help them improve operations. \ue809 Close Click to enlarge (images courtesy the Campbell family) Campbell also advocated for independent retailers at the national policy level through his longtime service on the National Grocers Association board of directors. \u201cOur goal was just to level the playing field so our members could compete,\u201d he says. \u201cBigger doesn\u2019t have to mean better. We wanted to be able to compete aggressively, and that was exciting. Because business is a game. You move the chess pieces, and you try to succeed with the rules before you.\u201d Campbell worked with political leaders, congressional committees and suppliers to ensure AG\u2019s members had access to competitive pricing. Internally, he improved systems across all of AG\u2019s departments, creating a corporate culture focused on the company\u2019s 150 different owner-entities. \u201cThat was one of the biggest challenges,\u201d he says. \u201cRecognizing that each one of these stores had its own culture, market and ways of doing business.\u201d \ue809 Close began in 1950 with a simple warehouse concept in which goods were purchased from manufacturers and stored and distributed to members. When fuel and interest rates both spiked in the 1970s, the company doubled down on moving products faster. \u201cEfficiency became the mantra for quite a few years,\u201d Campbell recalls. Starting in the 1980s, AG\u2019s focus shifted to helping retailers tighten up internal operations and refine their retail departments because consumers had come to expect more from the grocery shopping experience began to provide such things as back- office support, technology services, face-to-face marketing, and merchandising support used to say that only had one fear in the business, and it was that the independent wouldn\u2019t get out of bed in the morning and put the key in the front door,\u201d Campbell says. \u201cAnd if that was the case, then we failed them. We needed to do everything we could to let them know we had their back, so that they could go out there and interface with customers.\u201d Throughout his career, more than one national job opportunity has presented itself. But Campbell and his wife of 42 years, Libby, have preferred to remain in Baton Rouge where community involvement has been a top priority. His extensive board service includes the Baton Rouge Area Foundation, the Huey and Angelina Wilson Foundation, Mary Bird Perkins Cancer Center and the Capital Area United Way among others. Retirement hasn\u2019t slowed Campbell. He formed a consulting company in 2017 and has served on several for-profit boards. He also continues to deliver motivational public speaking engagements on success and how we measure it. \u201cWhen someone sits down and figures out how to really be fulfilled,\u201d Campbell says, \u201cit\u2019s an incredible thing 1952: Born in Shreveport to parents Joseph H. and Olga M. Campbell. All four of Campbell\u2019s grandparents are Lebanese immigrants. 1969: Graduates from Jesuit High School in Shreveport. Participation in Louisiana Boys State in high school encourages Campbell to leave north Louisiana and enroll at LSU. 1972 full-time student in accounting, Campbell begins a part-time job at Associated Grocers in its retail store accounting division. He keeps the books for member stores, getting a window into grocery industry mechanics. \ue809 Close 1973: Earns bachelor\u2019s degree in accounting from and begins the study of law at the Law Center. Believes the combination of law and accounting could make him a strong candidate for the FBI. Continues working part time at AG. 1976: Earns from Law Center and begins full-time employment at AG, won over by its mission to support small, family-owned businesses. Holds various management positions over the next 11 years, including in-house legal counsel, internal auditor, manager of retail accounting and controller. 1982: Marries Elizabeth \u201cLibby\u201d Clay. His mother, Olga M. Campbell, dies. The couple, devout Catholics, embrace life in Baton Rouge, becoming involved in their faith community and numerous charities begins to provide more technical and marketing support to its member stores to increase competitiveness. 1987: Named and treasurer 1993: Adding chief operating officer to his responsibilities, Campbell continues to push for excellence among member stores while also advocating for a level playing field on pricing among national distributors. By 1995, 10-year sales more than double, totaling $2.5 billion, with $7.2 million distributed back to owners over the same period. 1995: Named president and CEO. Leads the organization for the next 20 years, continuing to deploy strategies that help members grow sales. From 1996 to 2005, sales total $4.7 billion. Serves on dozens of local and national boards, including the National Grocers Association. \ue809 Close 2000: Honored with the Spirit of America Award from the National Grocers Association, bestowed on individuals who provide community service and government relations on behalf of the food distribution industry. Named to the E. J. Ourso College of Business Hall of Distinction. 2014: Awarded the Food Marketing Institute\u2019s Herbert Hoover Service Award for Humanitarian Service, the National Grocers Association\u2019s Industry Service Leadership Award and the Grace \u201cMama\u201d Marino Award from the Baton Rouge Epicurean Society. 2015: Transitions from to executive chairman. Sales over the 10-year period from 2006 to 2015 grow to $7.1 billion. 2015-2017: Serves as executive chairman to ensure a smooth transition. Earns Mary Bird Perkins Cancer Center\u2019s Hillar C. Moore Jr. Outstanding Leadership Award in 2017. Moore, former of AG, had first recruited Campbell to get involved at the cancer center. Jay and Libby Campbell 2017: Retires from and opens a consultancy. Continues to serve on for-profit and nonprofit boards and speak about business excellence and personal fulfillment to nationwide groups. \ue809 Close Read about this year\u2019s other legends and leaders. \ue809 Close"} |
7,579 | Mark Perlroth | Stanford University | [
"7579_101.pdf",
"7579_102.pdf",
"7579_103.pdf",
"7579_101.pdf",
"7579_102.pdf",
"7579_103.pdf"
] | {"7579_101.pdf": "Search the Archive: Search Back to the Weekly Home Page Classifieds Palo Alto Online Publication Date: Friday, May 24, 2002 Medical resident settles retaliation suit University sued after sexual-harassment case by Don Kazak A> Stanford University Medical School graduate who accused the university of retaliating against her has agreed to settle her lawsuit. Terms of the settlement were not disclosed. \"We are satisfied,\" said Dan Siegel, attorney for the student, Barbara Zylbert, who is now a medical resident. \"It's a compromise. No one g Zylbert was a medical student at Stanford in 1991 when she was the victim of sexual harassment by a prominent medical school faculty me Perlroth received a letter of censure from then-Stanford President Donald Kennedy. But what's happened since then has been in sharp dispute. Zylbert claims that Stanford promised to protect her after she filed charges of harassment against Perlroth, and contends that the universityfifi In her lawsuit, Zylbert claimed that Stanford interfered with her residency program efforts, reneging on its claim to protect her. Stanford has contended that Zylbert failed in subsequent residency programs for other reasons. Via an e-mail message to the Weekly Wednesday, Zylbert said found it both distressing and ironic that it became necessary to resort to afi \"If the generations of young women that follow me at Stanford find greater and ultimately unfettered, merit-based opportunity as a result, t In court on Tuesday, Santa Clara County Superior Court Judge William F. Martin explained how difficult it was to reach a settlement. \"In 12 years or so of handling civil matters and settling a great number of cases, (of) great complexity and difficulty, this has probably beenfififififi \"We believe we were able to settle on terms we were comfortable with,\" said Debra Zumwalt, Stanford's general counsel. While the terms of the settlement are confidential, it is possible that Zylbert could have a future affiliation at Stanford for her uncompleted \"Her future plans are to train as a surgeon,\" her attorney Dan Siegel said. \"She has some options about that. She may do some of that traini E-mail Don Kazak name at [email protected]", "7579_102.pdf": "16m ago new Vegas Strip megaresort is mired in controversy. One stay shows why By Bill Workman, Chronicle Staff Writer Dec 22, 2001 Stanford accused of allowing reprisals / Fallout from 1991 sex harassment case 2001-12-22 04:00:00 Stanford decade-old decision by Stanford University Medical School to urge then-medical student Barbara Zylbert to pursue a sexual harassment complaint against a prominent cardiologist has come back to haunt both her and the school. Zylbert is now suing Stanford in Santa Clara County Superior Court, alleging that the university has stalled her career in medicine and failed to protect her from professional reprisals. She also alleges that she has been the victim of rumors that she chronically accuses colleagues of unwanted sexual advances. Newsletters Sign in The 38-year-old Los Gatos woman, who earned a medical degree with honors from Stanford in 1996, says \"the medical rumor mill\" has prevented completion of important residency training in general surgery at Stanford, where she is said to have been labeled a \"risk management\" case. \"I'm not interested in money, but in having my future restored,\" Zylbert says of unspecified damages sought from Stanford in her lawsuit, filed a year ago and tentatively scheduled to go to trial in February. More For You Stanford settles harassment suit by ex-student Stanford's attorneys contend that the university has lived up to its promises, and that any problems she's had in fulfilling her residency requirements may be of her own doing. Zylbert's litigation is among a raft of lawsuits filed in recent years against Stanford by women - doctors, researchers, staff employees and faculty members in several academic departments - complaining of sexual harassment, discrimination and damaged careers that have tarnished the image of the elite university in some quarters. In one case that drew national media attention, medical researcher Colleen Crangle last year won a federal District Court jury's award of $545,000 against Stanford after establishing that her bosses had fired her in retaliation for making a sex discrimination charge. She has since reached an out-of-court settlement for an undisclosed amount. Stanford Medical School's problems with complaints by women of demeaning treatment by male doctors, including fondling and being asked to bed, first surfaced publicly in June 1991 when Dr. Frances Conley, one of the nation's first female brain surgeons, resigned from the school's faculty in protest over the issue. Several months before Conley left, Zylbert had gone to medical school administrators with her own complaint that cardiologist Mark Perlroth, one of her professors, threatened to hurt her chances for a career in medicine if she did not have a sexual relationship with him. Initially, Zylbert was hesitant to press formal charges, but agreed to when Stanford officials persuaded her and another student who had complained of improper sexual advances by Perlroth to give testimony in exchange for a promise of protection. Perlroth, who remains on the faculty, was eventually censured and required to make a public apology to the two young women in the student newspaper. Zylbert's evidence includes a censure letter university President Donald Kennedy sent to Perlroth at the time. Kennedy wrote that the \"very act of complaining about (Perlroth's) conduct has the potential to damage her professional career by branding her a 'troublemaker.' \" Kennedy added that he intended to \"take good care that her courage in coming forward does not incur these undeserved rewards.\" Stanford insists that it lived up to its promise of protection from reprisals. But, said Debra Zumwalt, the university's general counsel, it was limited to Perlroth and was Dec 22, 2001 not \"global. We did not promise we would protect her from anything that might happen elsewhere.\" Meanwhile, Zumwalt added, Zylbert has failed to produce evidence that Stanford had anything to do with difficulties she's had in completing residency requirements at other training hospitals. In court documents, Stanford attorneys portray Zylbert as having a \"troubled career . . . one riddled with professional failures and serious, sometimes hostile disputes with colleagues\" that may have led to her early departure from postgraduate residency programs at the University of California at San Francisco and the University of Minnesota. Though she completed a third residency program at Santa Clara Valley Medical Center in San Jose in the late 1990s, similar \"behavioral conflicts\" of Zylbert's with co-workers emerged there as well. Zylbert, who denies ever having brought a sex harassment complaint against anyone other than Perlroth, counters that her arrival at each of the training programs has been preceded by reports, some anonymous, that she has a history of filing harassment lawsuits deposition given by Dr. Ronald Cohen, chief of neonatal care at Valley Medical Center, appears to support her contention at that institution. Cohen testified that he had been warned by another doctor at the center before Zylbert even arrived that she had initiated several sex harassment complaints. Valley Medical Center is also named as a defendant in the suit. Bill Workman Let's Play Typeshift Really Bad Chess Flipart Cross|word About Contact Services Quick Links \u00a9 2025 Hearst Communications, Inc. Terms of Use Privacy Notice Notice at Collection Your Privacy Rights (Shine the Light Industry Opt Out Your Privacy Choices (Opt Out of Sale/Targeted Ads) Top", "7579_103.pdf": "( ( \u2022 From the Community ( From the Community | Stanford Medical School must address sexual misconduct by faculty ( Stanford Medicine Discovery Walk, Li Ka Shing Center. (Photo CURNIN/The Stanford Daily) Opinion by From the Community ( Last month, the Undergraduate Senate unanimously passed a resolution ( to address sexual violence. This resolution contained a number of sound and actionable changes that will make our campus safer wholeheartedly commend the resolution\u2019s sponsors, authors and supporters for continuing this fight. But this issue goes beyond undergraduate education to the graduate schools, most notably the School of Medicine. Privacy - Terms Nov. 17, 2022, 9:28 p.m. ( have worked at the School of Medicine in various roles for nearly twenty years. During that time have consistently observed a severe problem with sexual misconduct by the school\u2019s faculty. In the last decade, there have been at least three Stanford physicians who have faced criminal investigations relating to sex-related crimes: Dr. Dylan O\u2019Connor from Pediatrics was sentenced ( stanford-pediatrician-sentenced-for-felony-distribution-of-pornography-to-a-minor) to prison this year for sexting with a minor. Professor John Giacomini \u2014 the longtime director of Stanford\u2019s cardiology fellowship program \u2014 was sentenced ( sexual-battery/) to jail over the summer for sexually assaulting a former trainee in the workplace; and Assistant Professor Dan Garza from the Department of Orthopedic Surgery took his own life in 2013 while under investigation ( misconduct-with-former-students/) for allegedly drugging and assaulting multiple members of the Stanford community. In addition, Professor Jose Montoya from Infectious Diseases was fired ( behind-medicine-professors-dismissal/) in 2019 after accusations of \u201cunsolicited sexual acts with his female employees, among many other instances of harassment and misconduct,\u201d as reported by the Daily at the time. The School of Medicine has shown significant resistance to publicly commenting on the problem generally and to publicly disclosing even the existence of individual incidents or perpetrators. In the case of Giacomini, it took three and a half years, three ( against-doctor-he-says-it-was-consensual/) independent ( va/) investigations ( alto-va-hospital-sentenced-prison-sexual-battery), a criminal indictment ( indicted-sexual-battery-subordinate), a guilty plea and conviction ( pleads-guilty-sexual-battery-subordinate) and several stories in the media before the school formally acknowledged to their faculty that any incident had occurred, finally doing so via a department-wide email in March 2022. The school has never formally acknowledged the accusations against Garza. Several years ago reported a student\u2019s off-campus stalking by a faculty member to the university later noticed the faculty had been scrubbed from his department\u2019s webpages, and was informed by the student that after an investigation, he had been allowed to quietly resign from Stanford rather than be publicly fired. He now works at another university. There are grave consequences from the institution failing to publicly acknowledge sexual misconduct by faculty. Victims feel even more isolated and unvalidated, robbing them of full justice. It also increases the risk of professional retaliation against victims since ( perpetrators can more easily sabotage careers from behind the scenes when their misconduct and true motivations are unknown to those around them. Fear of retaliation remains one of the biggest barriers ( Review.pdf) to women reporting sexual violence in academia. Lack of transparency hides the scope of the problem from rank-and-file members of the faculty, as well as from staff, residents and students. Most importantly, a lack of public accountability of past perpetrators prevents the deterrence of ongoing and future perpetrators. They have relatively little to fear when the most likely outcome from sexually assaulting a colleague is only a need to quietly change jobs to another institution \u2014 one which will be totally unaware of their past misdeeds. The School of Medicine cannot assume that changes in culture, attitudes and behaviors that may be occurring elsewhere at Stanford will simply diffuse into our corner of campus ask of the Undergraduate and Faculty Senates, Sexual Violence-Free Stanford, the Title Office and our administrators that future campus-wide efforts to address sexual violence include the medical school as an equally important partner and target for change. To that end, the Undergraduate Senate should add a sixth individual to the list of professors they called out by name as having \u201ccommitted heinous acts of sexual violence\u201d for which they should be fired and stripped of honors: Dr. Mark Perlroth, emeritus faculty in the Department of Medicine. Dr. Perlroth\u2019s egregious alleged harassment of a student and later intern \u2014 infamous enough to be featured ( harassment-charges.html) in the New York Times decades before #MeToo \u2014 resulted in him being censured ( allowing-reprisals-Fallout-2836316.php) by the university. Nonetheless, he subsequently resumed his prior duties, which included over a decade of additional service on the med school admissions panel ( While Dr. Perlroth\u2019s harassment may seem like ancient history, precedent ( emeritus-status-after-sexual-misconduct-allegations-by-stanford-professor-17-others/) exists from other institutions for stripping emeritus status of faculty for long passed misconduct. While only a symbolic gesture, it would nevertheless be an important one, signaling that sexual predators among the physicians and scientists of the medical school are not immune to full culpability and consequences. Had Dr. Perlroth been adequately punished thirty years ago, his colleagues Drs. Montoya and Giacomini, among others, would have felt less emboldened to subsequently commit their own horrible acts. Deterrence is a critical component of punishment. When punishment from prior acts is too lenient, deterrence against future acts will be inadequate. ( It is important for the university and School of Medicine to conduct a fair and confidential investigation into any accusation of sexual misconduct by faculty, via a consistent and transparent process. This includes ample opportunity for the accused to defend themselves. However, once that investigation has been completed, if the accusation is found to have merit, three things must occur: First, punishment proportional to the misconduct needs to be handed out. Second, the identity of the perpetrator and the nature of their misconduct should be made public to the extent possible while simultaneously protecting the identity of the victims. Third, victims need to be supported and protected against retaliation. Our institution failed on these actions with Perlroth thirty years ago, and it continues to fail with perpetrators today. While combating sexual violence is everyone\u2019s responsibility, there is only so much that faculty members can do as individuals. Even when we feel adequately trained and empowered to report acts of misconduct, doing so can feel like a game of whack-a-mole. One perpetrator is sanctioned or quietly leaves, and another shows up somewhere else. As part of a broader plan for the University and School of Medicine to address sexual misconduct, there must be sufficient, proportional and public punishment of faculty who have violated our community\u2019s standards around this issue. This change will provide victims a greater sense of support, validation and justice; it will empower bystanders to report witnessed incidents; and it will help deter would-be perpetrators from future acts of misconduct. Eric Strong is a hospitalist and a Clinical Associate Professor at the School of Medicine. He first joined the Stanford community as a medical intern in 2003. The Daily is committed to publishing a diversity of op-eds and letters to the editor. We\u2019d love to hear your thoughts. Email letters to the editor to eic \u2018at\u2019 stanforddaily.com and op-ed submissions to opinions \u2018at\u2019 stanforddaily.com. 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7,529 | Orikaye Brown-West | Roxbury Community College | [
"7529_101.pdf",
"7529_101.pdf"
] | {"7529_101.pdf": "The complaint, handwritten like a diary entry, unspools across six pages of notepaper was a student\u2019\u2019 at Roxbury Community College, it begins, \u201cand Orikaye Brown-West was At Roxbury Community College, allegations of sex crimes and evidence of secrecy Failure to report 2003 case part of wider pattern at Roxbury college By Mary Carmichael By Second of two parts September 24, 2012 13 minutes to read Student center at Roxbury CC, whose failure to respond was not an isolated incident. Wendy Maeda/Globe staff ... Privacy - Terms my instructor.\u2019\u2019 Then: \u201cHe kept calling me.\u2019\u2019 \u201cHe would leave notes on my car asking \u2018if we could date?\u2019 \u2019\u2019 \u201cHe said know where you live. \u2026 No one is going to believe anything that you say.\u2019 \u2019\u2019 One night in 2003, Brown-West found the student on campus and grabbed her from behind, the complaint says. She remembers his cologne, then his hands: one gripping her breast, the other between her legs. He stopped, according to the student, only when he heard the nearby jangle of a janitor\u2019s keys. The student, now 49 and living in Dorchester, told the Globe she fogged up on antidepressants after the alleged assault single mother, she struggled to care for her son. She flunked her classes and dropped out was at RCC,\u2019\u2019 said the woman, who did not want her name used. \u201cBut was invisible.\u2019\u2019 On Aug. 26, 2010, she decided to change that. She hand-delivered the complaint to the college and later discussed the issue in person with officials. Under the federal Clery Act should have included her accusation in a tally of serious criminal allegations at the college, which is required to report crime statistics annually to the Department of Education. The law is designed to protect students and victims by preventing schools from hiding evidence of potential crimes. But the school did not report any sex-crime allegations that year. The student remained invisible. RCC\u2019s failure to respond appropriately was not an isolated incident. Recently, college employees approached the Department of Education with suspicions that it might represent a pattern. The department is now investigating the school for potential lapses in crime reporting. The education department does not comment on ongoing probes. Brown-West died in January. All of RCC\u2019s administrators have repeatedly declined requests for public comment on almost all questions related to the federal investigation. But through dozens of interviews and a review of thousands of documents, the Globe has uncovered details of the probe, troubling stories, and evidence of a culture of secrecy and recrimination at the college. Government documents show the Department of Education has specifically requested information on five employees accused of sexual transgressions, including Brown- West. The accusations and circumstances surrounding those employees vary widely, and it is extremely unlikely that all the cases rise to the level of reporting under the Clery Act. But questions have been raised by others about how the college responded to the accusations, and the education department is including some of those questions as part of its wide ranging investigation of potential concerns regarding compliance with its crime reporting rules has not reported a single sex-crime allegation to the government in the past 11 years \u2014 including the entire tenure of president Terrence Gomes, who stepped down in June under scrutiny from not just the federal government but also the state auditor\u2019s office, which is investigating a morass of issues. Personnel papers regarding three of the accused employees have gone missing and may have been destroyed college official has resigned over what he alleged was an administrative attempt to inappropriately influence an investigation. Several other employees who have tried to act as whistleblowers say they have been fired or threatened with the possibility of job loss, been pressured to quit, or received suspiciously timed negative performance evaluations. The other four cases of interest to the Department of Education involve professor who was accused by a student of sexual harassment laboratory technician who allegedly rubbed his genitals against another employee staffer at the college\u2019s Reggie Lewis Track and Athletic Center accused of fondling a former student. \u25a0 Another Reggie Lewis employee accused \u2014 wrongly, it turned out \u2014 of statutory rape. An internal audit recently commissioned by the college also notes problems with RCC\u2019s general Clery Act implementation. The school has failed to distribute an annual campus- wide report on its crime policies, as required by law. When asked by its auditors, it could not produce crime logs for the academic years 2003-04, 2004-05, and 2006-07 may have violated the Clery Act in recent interactions with the Globe. In August, the vice president of administration and finance, Chuks Okoli, instructed the college\u2019s security office to refuse to show crime logs to a reporter, contrary to Clery Act requirements \u2014 although Okoli had just been to a Clery training session arranged by the state\u2019s community colleges. Okoli, who declined to explain his behavior or otherwise comment, complied after the Globe complained to the Department of Education. The Clery Act is little-known outside higher education, but violating it is no technicality. The government can fine schools many thousands of dollars per violation. In recent years, it has stepped up enforcement, and in 2005 it gave colleges a handbook that lays out its expectations. \u201cIgnorance can no longer be a defense,\u2019\u2019 said S. Daniel Carter, a contributor to the handbook and a director at the Family Outreach Foundation, which advocates for campus safety. Because of its unusually large scope and complexity, Carter added, the investigation at could be a legal test for the Clery Act, clarifying such points as the definition of \u201cforcible fondling\u2019\u2019 (a reportable crime) and \u201cgood faith\u2019\u2019 (the standard under which an allegation must be reported). That might make it \u201ca precedent-setting case that has ramifications for every college in the country,\u2019\u2019 Carter said. Complaints filled 2 folders RCC\u2019s alleged missteps in the Brown-West case appear to be especially egregious. Brown-West, who taught at the college, also tutored students one-on-one in a windowless room. That is how he met the student who made the 2010 allegation. According to the school\u2019s internal audit, he racked up so many complaints of sexual harassment during his time at that they filled two folders. But his primary job was not academic. It was serving as the college\u2019s director of facilities and public safety \u2014 the official in charge of reporting campus crime statistics under the Clery Act gave Brown-West that task despite the fact that in 2002 he served six months\u2019 probation for violating a restraining order taken out by his estranged wife. In 2006, according to a witness, a student marched into Gomes\u2019s office and said Brown- West had committed a sex offense against her. Administrators took the charge seriously enough to fire Brown-West, according to the college\u2019s internal audit. Alane Shanks, then the college\u2019s vice president of administration and finance, told the Globe that Brown-West admitted the incident had occurred. She further said campus security was properly notified of his firing and that Brown-West was thereafter \u201cprohibited from being on campus without an escort.\u2019\u2019 However, the logs kept by campus security include no indication that Brown-West had been accused of a crime. Brown-West was seen on campus, alone, by several people after he was fired. And the 2006 allegation was never reported to the education department, although, according to the college\u2019s audit, it should have been. So should the other student\u2019s allegation in 2010. According to the audit, campus security did not receive documentation of her story until Nov. 30 of that year, when she delivered her complaint to security chief Thomas Galvin. But documents show other officials \u2014 including some who were likely required under the Clery Act to report complaints to security \u2014 were aware of it before then. Two administrators told the Globe they did not find the 2010 allegation credible because, they said, the student confused or forgot facts as she recounted her story. The student in turn said those administrators had treated her so coldly when she met with them that she became flustered. Clery guidelines say administrators are mandated to report allegations \u2014 not to determine whether a crime has actually taken place. Only sworn law enforcement officials can do the latter definitively. No law enforcement officials investigated the 2010 allegation. According to documents produced by the college\u2019s auditors financial aid director Raymond O\u2019Rourke offered to help the student report her allegation to police. But, he told the auditors, a dean then threatened his job, saying that Gomes and vice president of enrollment and student affairs Stephanie Janey did not view O\u2019Rourke\u2019s offer of help as \u201cgood for the team document written by an auditor says the firminterviewed a witness who confirmed he heard the dean make those statements. The dean passed away in 2011. In the only comments they were willing to make on the record to the Globe, Gomes and Janey denied discussing the issue with the dean. Other documents that might shed light on the Brown-West cases are apparently missing. According to the internal audit, Brown-West\u2019s personnel file can no longer be found at the school. The Clery Act and the Massachusetts public records law require such personnel papers to be kept for seven and six years, respectively. An administrative assistant told the college\u2019s auditors that \u201cshe gave the aforementioned personnel file to Dr. Shanks during Dr. Shanks\u2019 time as interim Human Resources Director, and it was never returned to her.\u2019\u2019 Shanks, now president of Pine Manor College, said she did not know \u201cwhy the report hasn\u2019t been located.\u2019\u2019 The student who filed the 2010 complaint against Brown-West said she has not given up on and wants to complete her degree. \u201cThe problem is still there,\u2019\u2019 she said. \u201cBut I\u2019ve stayed away long enough thinking was the problem. I\u2019m not the problem.\u2019\u2019 Private meetings The Department of Education has also requested information from regarding another professor. But the circumstances around his case appear to be very different. The professor, who still teaches at the college, spoke with the Globe on the condition of anonymity. In the fall of 2008, he said, he asked a female student who was failing his class to withdraw. She became upset, he said. On Oct. 10, documents show, the student filed a complaint with the college alleging sexual harassment \u2014 which is not a crime, and thus would not have to be reported under the Clery Act. The college investigated, and Shanks and academic affairs vice president Brenda Mercomes met with the professor, he said. On Jan. 5, 2009, Gomes sent the student a letter saying that \u201cit cannot be concluded that [the professor] violated the College\u2019s Affirmative Action policy on sexual harassment.\u2019\u2019 The letter added, however, that the professor was to have \u201cno contact or communication\u2019\u2019 with the student after that. Several college officials with limited but direct knowledge of some of the events told the Globe a slightly different, if consistent, story. Three of them said the meeting with the vice presidents occurred. But two, interviewed independently, cited a different impetus for the investigation. They said the student had placed hair clippings \u2014 an apparent threat of retaliation by witchcraft \u2014 outside the professor\u2019s door. The two officials said they saw the clippings themselves. The professor, however, denied seeing any hair clippings. Last July, a few days before Shanks left for Pine Manor, an administrative assistant complained in a statement that the professor\u2019s human resources file \u2014 like Brown-West\u2019s \u2014 was missing. According to the statement, the assistant advised Shanks of the anomaly. The next day, the file reappeared in the office, but, per the statement, it was \u201capparent that pages were removed.\u2019\u2019 The assistant\u2019s statement also said yet another human resources file \u2014 one belonging to the laboratory technician who is the third subject of the education department\u2019s investigation \u2014 seemed to be missing papers. She told Shanks as much, according to the statement. Shanks told the Globe she \u201cwasn\u2019t aware that anyone ever considered [either file] \u2018missing.\u2019 \u2019\u2019 The Globe has obtained legal documentation of the lab technician\u2019s case from sources outside the school. In 2004, the college investigated a student\u2019s complaint against the technician as a case of sexual harassment. Its findings were inconclusive. Four years later, according to the legal papers, an cafeteria cashier accused the technician of grinding his genitals against her \u2014 an action that could qualify under the Clery Act as \u201cforcible fondling.\u2019\u2019 The school fired the technician, who was also under investigation for poor job performance. But it never reported the cashier\u2019s allegation to the federal government. Although Shanks told the Globe that campus security was notified and the technician was banned from campus \u2014 as in the Brown-West case \u2014 there are no entries to suggest that in the school\u2019s crime logs. The college\u2019s director of human resources quit after the technician was fired. E-mails and legal documents show he accused Shanks of pressuring him to change his findings on the case in ways that could have made it easier for the school to terminate the technician. Shanks denied that allegation to the Globe. An arbiter later overturned the technician\u2019s firing. He wrote that he had \u201cserious but unanswered questions\u2019\u2019 about the school\u2019s motives \u2014 and cited the director\u2019s allegation about changing his aspects of findings on the case. In good faith The remaining cases in the education department\u2019s investigation involve two employees at the Reggie Lewis Center who were accused last year of sex crimes. The college still has time to notify the federal government of the allegations before the reporting deadline of Oct. 1, 2012. And reporting may not be necessary. Colleges are exempt from reporting allegations that have been found by sworn law enforcement officials to be \u201cfalse or baseless.\u2019\u2019 Although Boston police would not release any findings to the Globe \u2014 they do not comment on sex-crime investigations as a rule \u2014 there is evidence that both accusations against the Reggie Lewis employees may have been found to be baseless. The employees remain on staff, and in one case, the crime in question could not have occurred. However, both cases still raise questions about the college\u2019s handling of sex-crime allegations. In the first case, documents show, a 22-year-old former student accused a Reggie Lewis employee of kissing her, slapping her on the buttocks, and fondling her breast. She wrote up her allegations in a signed statement, which the Globe has obtained. Last December put the accused employee on leave while it investigated alongside police. In January, the college reinstated him. Yet the former student, who now lives in Jamaica, said she was not aware the probe was over until a reporter told her in August. She and her brother, an graduate who is helping her handle the case, said college personnel and police had been in touch only briefly and had not returned phone calls. The second case at the athletic center is a labyrinthine tale of suspected statutory rape. On the night of Feb. 5, 2002, a facilities manager named Bill Polk came across a fellow employee crouching over a young woman in a back room of the Reggie Lewis. Polk knew the girl and believed her to be around his son\u2019s age \u2014 15. He wrote a memo on what he had seen and gave it to his supervisor. He also reported it to Reggie Lewis director Keith McDermott, with whom he had a contentious relationship. But he did not describe the incident as statutory rape couldn\u2019t,\u2019\u2019 Polk told the Globe, \u201cbecause that\u2019s not what witnessed.\u2019\u2019 Within weeks, legal documents show, McDermott eliminated Polk\u2019s job at the center, citing budget cuts. Polk\u2019s supervisor and a manager who had also complained about the girl and the employee left the Reggie Lewis shortly thereafter. The Department of Education has requested that the college provide it with information on Polk, his supervisor, and the manager. McDermott ultimately reprimanded the accused employee for inappropriate behavior of a non-sexual nature, but let him keep his job. McDermott declined to speak on the record to the Globe. For years afterward staffers gossiped about the incident. One described slipping a pseudonymous letter under administrators\u2019 doors in 2006, alleging \u201cchild molestation.\u2019\u2019 But the college does not appear to have reinvestigated the case until last winter, when Rose Green \u2014 an ex-girlfriend of the employee in question \u2014 sent a memo to college and government officials asserting that the employee had told her he slept with the girl. Green also produced what appeared to be a love letter from the girl to the employee, with a signature matching one on the girl\u2019s driver\u2019s license. The girl and the employee, however, denied sexual involvement \u2014 which in any case would not have constituted a crime. That is because, according to the driver\u2019s license, on Feb. 5, 2002, the girl was 17. The age of consent in Massachusetts is 16. Galvin, the security chief, advised administrators several months ago that he planned to report both allegations against the Reggie Lewis staffers to the federal government anyway because he considered them to have been made in good faith. But interim president Linda Turner fired Galvin in August, citing wide-ranging security concerns raised in the college\u2019s audit. It is unclear how the college will proceed. Conversation This discussion has ended. Please join elsewhere on Boston.com Most Popular In Related News What new Celtics owner said about new arena, future of roster 1 Toddler dies after babysitter leaves him in car for hours on Martha's Vineyard, police say 2 For $539,000, a 604-square-fo in Brookline 3 \u00a92025 Why readers say Harvard\u2019s hiring freeze is not surprising, but 'very concerning' Bunker Hill cancels study abroad programs amid immigration crackdown Here's why Homeland Security says it deported Dr. Rasha Alawieh Tell Us What You Think"} |
8,180 | Lee Waldrep | University of Illinois – Urbana-Champaign | [
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] | {"8180_101.pdf": "News Local/State Ex Of Administrator Accused Of Sexual Harassment Placed On Leave By Knoxville December 17, 2018 By Christine Herman and Jim Meadows Lee Waldrep is listed as an academic adviser at the University of Tennessee Knoxville School of Architecture. Screenshot Knoxville School of Architecture website Donate Now former University of Illinois administrator\u2014who campus investigators say sexually harassed students\u2014has been placed on paid administrative leave from his current job at the University of Tennessee at Knoxville. Lee Waldrep, who is listed as a professional academic adviser at the Knoxville School of Architecture, is not allowed on campus while officials look into the situation, according to University spokesperson Tyra Haag. In an email, Haag said the campus was made aware of the investigation and its findings on Sunday, December 16, and placed Waldrep on leave today. \"We expect to make a decision this week with regards to his employment,\" Haag said. Waldrep resigned from his role as undergraduate student services administrator at the University of Illinois\u2019 School of Architecture in August of 2017. Documents obtained by Illinois Public Media through an open records request and published Sunday show he left just before a campus investigation concluded he had sexually harassed several female students. Seven students who spoke with campus investigators described incidents where Waldrep \u201cblocked their path on a stairwell, backed them into a railing or wall, pinned their legs between his while sitting across from them or stood uncomfortably close to them.\u201d During these incidents, they said they felt trapped, as Waldrep gave them unwanted hugs, held their hands, touched or massaged their legs and thighs, rubbed or patted their backs and shoulders and touched their buttocks. They experienced emotional stress, became distracted from school and feared possible career repercussions if they came forward, according to the report of administrators concluded that Waldrep violated campus policies prohibiting sexual misconduct. Waldrep denied the harassment charges and said he never behaved inappropriately, according to the campus report. He did not respond to a request for comment. Follow Christine on Twitter: @CTHerman Links Documents: Former Of Architecture Administrator Sexually Harassed Female Students Do Campus Sexual Misconduct Policies Allow Harassment To Persist Of Law Professor Accused Of Sexual Harassment, Found In Violation Of Campus Code Of Conduct Documents Show Sexual Harassment Allegations Against Jay Kesan Date Back To 2002 lee waldrep ut knoxville university of illinois at urbana-champaign sexual harassment architecture Illinois Public Media Campbell Hall 300 N. Goodwin Urbana 61801 217-333-7300 [email protected] Location & Map College of Media Newsletters facebookinstagramyoutube Subscribe to our newsletters to get updates about Illinois Public Media's role in giving voice to local arts, education, new ideas, and community needs, sent straight to your inbox. Support Donate Membership Information Travel & Tours Friends of Memory Archive About Compliance Documentation Public Files Management Privacy Notice Accessibility at Illinois Admissions Alumni Athletics Bookstore Calendar Campus Directory Campus Map COVID-19 Diversity, Equity, & Inclusion Emergency Employment Giving Mental Health News Office of the Chancellor Office of the Provost Research Student Assistance Center University of Illinois System Privacy Policy Accessibility About Cookies \u00a9 2025 University of Illinois", "8180_102.pdf": "This article was produced in partnership with Illinois, which is a member of the ProPublica Local Reporting Network. ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they\u2019re published. By the time officials at the University of Illinois\u2019 flagship campus in Urbana-Champaign found that an assistant professor in the College of Veterinary Medicine had engaged in sexual harassment, three women had come forward to raise concerns about his behavior. All three said he had showed up at their homes uninvited. Though the professor, Valarmathi Thiruvanamalai, denied doing anything wrong, the university office that investigates harassment and At the University of Illinois at Urbana- Champaign, Preserving the Reputations of Sexual Harassers An administrator resigned amid sexual harassment accusations. Another college hired him professor was found to have stalked a coworker. She agreed to retire, then won a Fulbright grant. Campus leaders vow reforms, but many say it\u2019s a long road. by Rachel Otwell Illinois, and Alex Mierjeski, ProPublica, Aug. 27, 2019, 6 a.m Sally Deng, special to ProPublica discrimination claims ruled against him. \u201cWhen three different complainants, who have no prior relationship and no significant commonalities other than the lab in which they work, all assert the same type of interaction, one must question Respondent\u2019s credibility and honesty in responding to the allegations,\u201d a specialist in the Office of Diversity, Equity and Access wrote in February 2015 following an investigation. She recommended that Thiruvanamalai face discipline and possibly termination. Instead, the university took a series of steps that helped keep Thiruvanamalai\u2019s reputation intact. First, the head of the Department of Comparative Biosciences placed Thiruvanamalai on paid administrative leave for the remainder of his contract with the school and banned him from the lab and other university workspaces. Then in November 2015, the university, known as UIUC, signed a separation agreement with the professor, extending his paid leave through August 2016, at which point his resignation would take effect. He continued to draw his annual salary of more than $98,000, according to salary records and the agreement between the school and Thiruvanamalai, obtained by Illinois and ProPublica. Finally, as part of that agreement, the university agreed to keep secret the terms of Thiruvanamalai\u2019s departure, easing his path to get a university job in another state. Thiruvanamalai\u2019s case, which has never before been reported, highlights the covert way in which the university has dealt with accusations of sexual misconduct against professors. An Illinois-ProPublica investigation found that the university helped several professors keep seemingly unblemished records even though they were found to have violated its policies: letting them resign, paying them for periods they weren\u2019t working, promising not to discuss the reasons for their departures and, in some cases, keeping them on the faculty. Professors found to have violated policies at UIUC, including Thiruvanamalai, have moved on to teaching positions at other universities and, in at least one case, secured a prestigious Fulbright grant. Since last year, allegations of harassment and sexual misconduct have surfaced against three professors and one administrator. In each instance, the public wasn\u2019t told by the university until news organizations or others brought the allegations to light. The problem, however, runs deeper, our investigation found. On top of the four cases already known Illinois and ProPublica uncovered three more in recent years that have received no attention jogger runs past an entrance tof the University of Illinois Urbana-Champaign. (Pat Nabong for ProPublica) In two of the cases, professors were allowed to resign and the university agreed to keep it confidential third professor remains on the payroll but has been removed from the classroom, campus records show. We spoke with numerous staff members and students who raised concerns about the way substantiated cases are handled. \u201cThe entire way that we engage with questions of perpetration on campuses is wrong and broken,\u201d said Kathryn Clancy, a anthropology professor who is an expert on sexual harassment in academia. She worked on a report published last year by the National Academies of Sciences, Engineering and Medicine that found that 20% to 50% of students in fields have experienced sexual harassment. \u201cSo we are just doing what everyone else is doing. And it\u2019s the wrong way to be doing things.\u201d University leaders have said they are committed to change. For example, the provost and chancellor told Illinois last week that the university has stopped using confidentiality clauses, which keep investigations and findings under wraps after professors leave and the University of Illinois System have also created several task forces and committees to examine issues including faculty misconduct and relationships between students and professors. \u201cWe want to be the best of the breed, in a way, on all of these issues, recognizing that it\u2019s a very important topic,\u201d University of Illinois President Timothy Killeen said after a board meeting this spring. But, he added, \u201cNothing\u2019s broken Grilling Over a Little-Known Case at a #MeToo Panel Concerns about sexual harassment at spilled into the open during a panel on #MeToo and academia at the College of Law in the fall of 2018. At the lunchtime discussion in the law school auditorium, an audience member asked the panelists, two of whom were law professors, why more was not being done to protect students from a professor who had been investigated by the university for sexual misconduct. She pressed the panel about allegations that professor Jay Kesan had made students and faculty uncomfortable with inappropriate touching and sexual conversations, singling him out by name person sits on the quad of the University of Illinois Urbana-Champaign campus. (Pat Nabong for ProPublica) The claims against Kesan had not been widely known, even though allegations of inappropriate behavior against him dated back to 2002, only months after he was granted tenure, documents show. The law school\u2019s then-dean warned Kesan in writing that she had been told details about his conduct that \u201cwould constitute a serious breach of appropriate behavior by a faculty member\u201d if true. Kesan denied those claims. The dean gave Kesan suggestions for avoiding further allegations, such as not commenting on others\u2019 appearance. At the #MeToo panel last year, the woman\u2019s questions focused on an investigation into claims made against Kesan in 2015. The investigative report, finalized by the campus Office of Diversity, Equity and Access in 2017, found that school leaders were concerned enough about Kesan that, at one point, an administrator was directed to watch Kesan\u2019s interactions with female guests at a public event and intervene if the situation warranted. Investigators even recommended considering employment action. (The Office of Diversity, Equity and Access is now called the Office for Access and Equity.) Ultimately, the school found that Kesan violated the university\u2019s code of conduct, and as a result he would not qualify for certain salary programs or lucrative endowment positions for a limited time. He is currently on voluntary unpaid leave until 2020. Lesley Wexler, a professor and associate dean of UIUC\u2019s College of Law, said efforts are underway to address the university\u2019s handling of cases like the one involving Kesan, who was found to have violated the \u201cspirit\u201d of the sexual misconduct policy but not the policy itself. \u201cThe definition of what might count as sexual harassment is up for debate,\u201d said Wexler, who had told the audience at the #MeToo forum last year that she was not satisfied with the result of the Kesan investigation. In a recent interview, Wexler said the current definition of sexual harassment under Title IX, the federal civil rights law that bans gender discrimination within federally funded educational programs, has \u201cbeen interpreted over time in a very narrow way.\u201d The behavior must be severe or pervasive, she said, which \u201csets a very high bar.\u201d \u201cSo even touching breasts or buttocks, if it only happens once, some courts have said that didn\u2019t meet the threshold.\u201d But Wexler said she\u2019s unsure if universities are capable of adequately investigating their employees and holding them to account. \u201cThe past does not provide a record that would make one particularly optimistic,\u201d she said. \u201cIn speaking of my own university think the will is there. But like so many things relating to widespread social and institutional change, it\u2019s hard to know at this sort of stage of things where it will end up.\u201d Sally Deng, special to ProPublica Kesan told university investigators that he may have touched people, but the intent was misconstrued. In a letter to the College of Law community last year, Kesan said the allegations laid out in the Office of Diversity, Equity and Access report were described correctly. In an interview with Illinois, Kesan wouldn\u2019t comment on whether he believes the university treated him fairly, but he credited the #MeToo movement with opening the door to conversations like the one that revealed the allegations against him believe it\u2019s a very good thing,\u201d Kesan said, adding that he offered to disclose the investigation on his syllabus going forward. Robin Kar, a professor in the College of Law, is chairman of a task force formed in the wake of the Kesan controversy to explore potential changes to the sexual misconduct policy as it relates to faculty think we\u2019re witnessing a growing awareness of a problem that has been festering for some time,\u201d he said in an interview, noting that women are increasingly confident in talking about harassment think institutions around the nation are starting to take note of what the problem is,\u201d he said. Meanwhile, solutions aren\u2019t easy to come by. \u201cWe haven\u2019t found there\u2019s a simple gold standard outlook there.\u201d Leaving With Their Records Intact doesn\u2019t often fire tenured faculty members, even for serious offenses like sexual harassment. Instead, the university allows them to leave quietly \u2014 and continue their careers. That\u2019s what happened to Amita Sinha, a professor in the Department of Landscape Architecture, who was accused by a colleague of harassment, including stalking, for over a decade, according to a report from the Office of Diversity, Equity and Access summarizing its investigation. University investigators concluded that Sinha, a woman, ignored directives about her conduct from her department head and had engaged in unwanted attention toward a male colleague \u201cintermittently for fifteen years.\u201d Sinha agreed to \u201cvoluntarily retire\u201d in October 2017, and the university gave her paid leave before her resignation took effect in August 2018. During that time, she was paid her nearly $102,000 annual salary, documents show. The agreement promised confidentiality and that both parties wouldn\u2019t speak ill of each other. It also states she would not be disciplined. She now collects a pension from the university; her last reported monthly payment from May was nearly $5,000, documents obtained by Illinois and ProPublica show. In a letter to the then chancellor in June 2017, a lawyer for Sinha called the report\u2019s findings \u201cinaccurate.\u201d The letter argued that the university had violated procedural guidelines and disputed its assertion that Sinha had caused a colleague \u201csignificant emotional distress.\u201d Through her current lawyer, Sinha maintained that most of her interactions with the colleague were professional. Sinha was awarded a Fulbright scholarship for the 2018-19 academic year, during which she studied and lectured on the cultural landscape of an area of Bolpur, a city in India just north of Kolkata. On the Fulbright website, Sinha\u2019s home institution is listed as UIUC, even though it did not offer her emeritus status upon her resignation spokesperson for \u201cdid not know\u201d about the grant and Sinha\u2019s listing the university as her host school. An official with the Fulbright program told Illinois and ProPublica in a statement that it has a \u201czero-tolerance policy for sexual harassment\u201d but declined to comment on what it knew or didn\u2019t know about Sinha\u2019s past before her selection. Sinha\u2019s lawyer said she applied for and received the Fulbright grant while still a faculty member at and that \u201cshe has complied with all its requirements.\u201d Lee Waldrep was an undergraduate student services administrator and instructor who also resigned in 2017 in the face of allegations \u2014 in his case, from eight female students. Their claims included that he had made inappropriate comments and \u201cblocked their path on a stairwell, backed them into a railing or wall, pinned their legs between his \u2026 or stood uncomfortably close to them,\u201d according to investigative documents. Waldrep denied the allegations, according to an August 2017 report from the Office of Diversity, Equity and Access, and declined to comment through a lawyer. He went on to work as an academic adviser at the University of Tennessee at Knoxville. Last year, after the Kesan case made local and national headlines, reporters published details of Waldrep\u2019s departure. The University of Tennessee subsequently fired him and acknowledged that its screening process had failed. The Department of Landscape Architecture building at the University of Illinois Urbana- Champaign. (Pat Nabong for ProPublica) Still, a spokesperson told Illinois: \u201cEven if the university had attempted to contact an unlisted reference, that person likely would have been unable to mention the sexual harassment investigation because Dr. Waldrep\u2019s separation agreement had a confidentiality provision. As a result, it is difficult to see how the university might have learned about the sexual harassment investigation without filing a public records request.\u201d Waldrep\u2019s resignation agreement included a confidentiality clause for him, but it did not explicitly say that the university would keep the terms secret. The university threatened to charge him $10,000 if he spoke publicly about it. It also said he would owe $10,000 for each instance of speaking negatively about the university. The report analyzing the claims about him was labeled confidential. Worries About Litigation \u2014 From the Accused In dealing with staffers found to have committed harassment, universities, like other employers, are often constrained by concerns about litigation spokeswoman Robin Kaler said confidentiality expectations are common. She said that they are frequently \u201cincluded to protect the privacy interests of third parties who have been impacted by the situation that led to the separation,\u201d such as the victim. In a subsequent interview last week, Provost Andreas Cangellaris and Chancellor Robert Jones said that going forward, they have decided to eliminate such confidentiality provisions. Nicole Gorovsky, an attorney who specializes in representing victims of sexual violence, said it\u2019s common for institutions to fear lawsuits from accused employees, who can claim that terminations violate their due process rights or that sharing the details of an investigation is defamatory. Gorovsky said confidentiality and nondisclosure clauses in agreements are a way to limit the liability of an institution. Sally Deng, special to ProPublica She said she has seen it happen in churches, elementary and high schools, colleges and businesses. With the clauses, the parties agree to not speak about the reasons for resignation. They keep the university from proactively sharing the investigation with an employee\u2019s future employer. (An exception is if someone files a public records request, which Illinois did in these cases.) Gorovsky said these agreements can be harmful to the victims. \u201cOne of the classic things that hear from survivors is didn\u2019t want it to happen to anyone else,\u2019\u201d Gorovsky said. Nondisclosure agreements aren\u2019t just used to resolve allegations against professors. The Seattle Times reported how universities sometimes require them when resolving complaints filed by students. One woman told the newspaper that after complaining about her music professor sexually harassing her, and then being retaliated against, the university offered to cover her tuition for a year, so long as she agreed not to talk about the details of the settlement agreement. The student called it \u201cliteral hush money.\u201d Now, Washington state lawmakers are crafting legislation to make findings of sexual misconduct by university employees more transparent. Among the ideas: barring public colleges and universities from using nondisclosure provisions in the handling of sexual misconduct cases, and creating an interstate system to share findings of credible investigations among universities, Democratic state Rep. Gerry Pollet said. Pollet, whose district includes parts of Seattle and who serves on the Legislature\u2019s higher education committee said, \u201cWe shouldn\u2019t have to have the Legislature step in, but we have to because it appears that the institutions and their legal advisers are simply very fearful of liability to the employee who\u2019s been accused and found to have actually committed harassment or assault.\u201d Molly McLay recently left her position of assistant director at UIUC\u2019s Women\u2019s Resources Center to pursue a doctorate in social work with a focus on gender-based violence and prevention person walks along a pathway on the University of Illinois Urbana-Champaign campus. (Pat Nabong for ProPublica) As an advocate for survivors, she said she struggles to see how allowing perpetrators to leave with their records intact gives them any reason to change their behavior understand that resignation versus termination is commonly used,\u201d she said. But these cases are unique. \u201cOther people are impacted. There is another person involved. There is a survivor.\u201d Cangellaris, the provost, said that terminations are rare because faculty have certain employment protections, which are in place to ensure professors\u2019 freedom to pursue their research and speak their mind in the classroom without fear of censorship, discipline or termination. \u201cIt is a process that is dictated by the bedrock of every university and that is academic freedom and shared governance,\u201d he told Illinois. \u201cWe process every case in a way that we protect academic freedom.\u201d After publication of this story reached out to say it is seeking to change its policy going forward to prevent academic freedom from being used as a shield in sexual misconduct cases. \u201cHistorically university disciplinary policies were created to protect the academic freedom of the faculty and be respectful of our shared governance processes,\u201d Cangellaris said in an emailed statement. \u201cWe are working to revise our policies and practices in ways that appropriately separate issues such as sexual harassment or other egregious misconduct from those protections. Harassment of any kind undermines academic freedom.\u201d As for confidentiality agreements, Cangellaris and Jones, the chancellor, said they hope other universities join them in disclosing the reasons for professors\u2019 departures. \u201cIf others don\u2019t follow suit, then it makes it more difficult for us,\u201d Jones said. With the discussion around #MeToo, this is \u201ccritically important in this particular point in our history.\u201d Remaining on the Payroll Illinois and ProPublica found a case similar to Kesan\u2019s in which a professor faced multiple allegations of harassment. The university found anthropology professor Mahir Saul in violation of its code of conduct but not its sexual misconduct policy, and he has remained on its payroll. In January 2018, a research assistant claimed that Saul invited her back to the apartment where Saul was staying while they were both conducting field research in Turkey, according to an investigative summary obtained by Illinois and ProPublica. They shared dinner and drinks. After hours of conversation, the assistant claimed Saul pressured her to stay the night complaint was filed and an investigation ensued. In August 2018, the university concluded that Saul violated its code of conduct by \u201cpressuring his employee, a vulnerable junior academic, to spend the night with him,\u201d but that his actions did not violate the sexual misconduct policy. The official recommendation was that Saul no longer be allowed to meet one- on-one with female students or junior female employees. But later that month, the head of the Department of Anthropology, Brenda Farnell, went further, opting to take Saul out of the classroom entirely. In a letter, Farnell wrote to Saul, \u201cAs you are aware, this is not the first complaint that has surfaced regarding your interaction with women.\u201d In 2016, the Office of Diversity, Equity and Access opened a separate investigation into Saul after an international undergraduate student alleged that he had placed her in \u201csituations where he could be alone with her, and sought to use his power and authority to encourage a romantic relationship with her.\u201d Two other individuals also expressed their concerns about his behavior at the time, according to that report. The office found that there was not enough evidence to support the claims of sexual harassment, but that the allegations \u201ccall into question Dr. Saul\u2019s judgment and the perceptions that he is creating through his interactions with students outside of the classroom.\u201d It recommended that Saul receive training on sexual harassment and Title IX. Saul was warned he could lose his job if the behavior continued. Professor Kathryn Clancy in a University of Illinois Urbana-Champaign lab. (Pat Nabong for ProPublica) As of this July, the university was still paying Saul as a professor, based on records obtained by Illinois and ProPublica. His yearly salary is around $91,200, plus benefits, records show. Saul told Illinois that the allegations as conveyed by the investigative reports are false, and that he has been on medical leave, which he requested in January. He said he had dinners with the student who filed the 2016 complaint but there were no \u201cromantic\u201d topics of conversation. He said the 2018 allegations were the result of a labor dispute involving a disgruntled employee. Clancy, the anthropology professor, had expressed concerns about Saul in an email to her colleagues in the spring of 2018. She said the administration had a decision to make: protect students and accusers or protect the professor. \u201cRather than abdicate responsibility of our students\u2019 safety to the legal system think we can choose to set particular standards for appropriate conduct within our department regarding student interactions, safety, mentoring, and professional behavior,\u201d she wrote university spokesperson said the restrictions on Saul will remain in place, including a directive not to interact with students. Seeking Change After finding that he violated university policies gave Thiruvanamalai time to pursue other employment and paid him during his search. In September 2017, he started a job teaching at the University of Alabama at Birmingham. His last month there was this June, a month after Illinois and ProPublica asked for records about his employment, including background checks and any possible new complaints. The university would not comment on the reason he left. One of the students he was accused of harassing back in Illinois spoke with Illinois and ProPublica after hearing that he had gone on to teach at another school. She spoke on the condition of anonymity for fear of retaliation. By going forward with a complaint and asking the school for a full investigation, she said she knew she was making herself a target. She had watched as another student who had spoken up before her was taken out of the program and put on a track toward a lesser degree while the professor stayed without facing an investigation, a maneuver the university labeled an \u201cinformal resolution.\u201d The second student, who insisted that her own complaint be considered a formal one, said most students in her position wouldn\u2019t feel secure enough to speak out the same way. \u201cFor me, I\u2019m an international student knew nobody in this country when got here,\u201d she said. \u201cSo it took me a while to figure out what to do about the situation.\u201d Sally Deng, special to ProPublica Without speaking up, she figured others might be \u201csuffering in the same situation\u201d \u2014 having their concerns lead to minor or no consequences lab tech joined her in the complaint, saying she too repeatedly faced harassment. One woman told investigators that the professor had \u201cmade their lives hell,\u201d according to the report from the Office of Diversity, Equity and Access. The woman said she considers herself a strong person, which is why she was able to continue on with her education. This is even after moving apartments in hopes she could prevent Thiruvanamalai from finding her as he had back in December 2014. She said failed when it helped Thiruvanamalai leave the school with his reputation intact think that\u2019s really bad think there should be a system that can track what he has done.\u201d Christine Herman from Illinois Public Media contributed to this report. ProPublica Illinois reporter Jodi S. Cohen contributed to this report. Rachel Otwell is a reporter at Illinois Illinois was part of the Illinois Newsroom collaborative, which secured the initial grant for this project Illinois and Illinois Public Media are part of the University of Illinois System. The university has no editorial control or oversight of news content produced by either. Reporters at Illinois, however, are considered \u201cresponsible employees\u201d under the university\u2019s policies and are required to report allegations of abuse to the university. As a result, news tips should be sent to ProPublica staff. Our reporting won\u2019t stop here. Have you faced sexual harassment or violence from a faculty or staff member at a university, college or community college in Illinois? We need your help \u2014 here\u2019s how you can get in touch: Fill out our questionnaire Send us an email at [email protected] Call or text us at 347-244-2134. You can also reach that number via Signal or WhatsApp, which is more secure. Check out this page with more information on ways to send us documents and other materials. Update, Aug. 27, 2019: This story has been updated to reflect additional comments by Provost Andreas Cangellaris. Update, Oct. 10, 2019: This story has been updated to reflect that the callout is being done solely by ProPublica and not in partnership with Illinois. For more information, read this Closer Look column. Alex Mierjeski Alex is a research reporter at ProPublica. [email protected] @Amierjeski", "8180_103.pdf": "harassment-investigation/article_00ae147a-0555-11e9-badf-bb561c8d460c.html academic advisor terminated, barred from university after sexual harassment investigation Kylie Hubbard, Editor-in-Chief Dec 21, 2018 Courtesy of the University of Tennessee College of Architecture and Design academic advisor Lee Waldrep has been terminated and barred from campus after learned he sexually harassed eight female students while at the University of Illinois. The University of Illinois at Urbana- Champaign concluded its investigation into the complaints of eight female students against Waldrep in August 2017, a little over half a year before Waldrep was hired by UT. The investigation found that Waldrep violated the campus policy regarding sexual misconduct and it was suggested that he permanently be barred from returning to UI, according to a The News Gazette article. Waldrep resigned from on Aug. 15, 2017. According to a report from the Office of Diversity, Equity and Access obtained by The News Gazette, many complaints involved unwanted physical contact can...confirm that the university has not received any reports or complaints from students, faculty, or staff against Dr. Waldrep director of media relations Tyra Haag said. Waldrep started his position as an academic advisor at on Mar. 1, according to Knox News. He was placed on paid administrative leave Monday after the report was publicized Sunday. \u201cUnfortunately, the university\u2019s standard procedure of performing reference checks was not followed when the college hired Dr. Waldrep,\u201d Haag said. \u201cThe university is committed to ensuring those across campus who make hiring decisions understand the expectations for adhering to our processes and will take steps to prevent this from happening again.\u201d Dean of the College of Architecture and Design Scott Poole sent a note to students, faculty and staff to apologize for the situation. \u201cThis has been a difficult week for many in our college, and want to apologize to each of you for any duress this situation has caused,\u201d Poole said. Poole said he has requested a series of workshops for faculty and staff regarding hiring practices and the roles and responsibilities for search committee members and the college. \u201cMy goal is to prevent a similar situation in the future and improve our processes going forward,\u201d Poole said. Director of Student Development and adjunct assistant professor Julie Beckman will step in for Waldrep to help make the transition for students smooth. The News-Gazette releases investigation details Complaints filed by eight female students said Waldrep sought female students for \u201cunwanted attention, touching and other conduct that they deemed to cross professional boundaries.\u201d Kylie Hubbard Editor-in-Chief Described incidents included blocking students in a stairwell, backing them into a wall, pinning their legs between his and touching their butts or backs. Pictures of female students were taken by Waldrep without their permission, according to the report. Waldrep's \"pattern of behavior was so pervasive and well known within the School\u201d that male colleagues were known to intervene on more than one occasion, according to the report. \"Each complainant recounted incidents in which he touched them or invaded their personal space in ways that made them feel uncomfortable,\" Equal Employment Opportunity investigator Claire Sharples Brooks said in her original report. \"Through the evidence that they presented, the complainants portrayed Dr. Waldrep as an administrator who became overly engaged with female students and actively pursued opportunities to interact with them, either in person or electronically investigators held interviews with seven of the eight female students between March and April of 2017 along with seven faculty, staff and student witnesses. \"The investigation revealed that Dr. Waldrep engaged in harassing conduct of a sexual nature that was so pervasive and so undermined and detracted from those students' educational experience as to effectively deny those students equal access to the School's educational opportunities and benefits,\" Sharples Brooks said School of Architecture's Dean Peter Mortensen wrote a letter to campus investigators stating that the would have recommended \u201cadverse employment action\u201d if Waldrep didn't decide to resign on Aug. 15, 2017 just before the investigation's completion. The same was recommended by Sharples Brooks in her report. An agreement signed on Aug, 10, 2017 says Waldrep can \u201cnot make any written or oral statements to anyone disparaging, attacking or painting in a negative light or he will face a fine of $10,000. The Daily Beacon has requested Waldrep's personnel file from both and UI, but as of Friday had not inspected either. The Daily Beacon will continue to update this story as more updates are made available."} |
8,754 | Steve Briggs | Western Kentucky University – Bowling Green | [
"8754_101.pdf",
"8754_101.pdf"
] | {"8754_101.pdf": "\uf0c9Saturday, March 22, 2025 Advertise Jobs Subscribe News Sports Life In Print Opinion Photos + Video Advertise About Work With Us! \uf002 \uf39e \uf16d \ue61b \ue07b \uf167 \uf164 24 \uf39e \ue61b \uf0e0 \uf02f Blacked out: Redacted sexual misconduct files obscure nearly a decade of university Title actions Alexandra Hendricks Lily Burris and Debra Murray September 20, 2021 After a four-year legal battle and a Supreme Court decision in a similar case released nearly a decade\u2019s worth of sexual misconduct records this summer in response to a Herald open records request filed in 2016 and another earlier this year. Files from both responses, a total of 39 investigations, were released but heavily redacted. In 27 cases, covering allegations of sexual misconduct lodged against faculty or other employees from 2011 through 2020, the university concluded that the incidents did not violate WKU\u2019s Title policy. Those claims involved both students and employees and ranged from possible homophobic job denial to what the person 1 2 3 4 5 Trending Stories student fatally shot after allegedly entering wrong Bowling Green apartment \u2022 3590 Views Christian students write entire Gospel of John throughout campus \u2022 1597 Views investigating hidden camera found in Regents Hall bathroom \u2022 1133 Views Dance Big Red to return to the Hill \u2022 559 Views Kentucky Students for advocacy group plans protests across the commonwealth \u2022 498 Views Top Of The Week Podcast Posts from @wkuherald College Heights Herald \uf164 24 \uf39e \ue61b \uf0e0 \uf02f felt was excessive touching. Advertisement found, in nine cases, enough evidence that resulted in the resignation or retirement of faculty or staff members, effectively ending the investigation before a formal conclusion. This included a case of a male staff member threatening to place holds on a female student\u2019s TopNet account, blocking her from registering for classes, in exchange for going on dates. In three cases, enough evidence was found to fire or discontinue the employees. Michael Abate, the Herald\u2019s attorney at the Kaplan Johnson Abate & Bird law firm in Louisville, contends that the records released were \u201cseriously over- redacted.\u201d Abate said the Herald is in the process of disputing those redactions and may ask the courts to resolve the dispute. In the original Nov. 1, 2016, open records request, the Herald asked for all investigative records for all Title investigations into all sexual misconduct allegations against employees in the last five years. This request was mirrored in spring 2021 when began to fulfill the original request initially rejected the 2016 request by citing the Family Educational Rights and Privacy Act. The Herald appealed the decision to Kentucky\u2019s attorney general, g g @wkuheral \u00b7 Aug 24, 2018 Cage the Elephant will be performing at WKU\u2019s first home football game against Maine on September 8th according to a meeting with President Caboni 4 542 College Heights Herald @wkuherald\u00b7 Sep 16, 2017 .@CageTheElephant spotted on the sidelines at tonight's football game. 1 220 College Heights Herald Recent Stories Trump signs executive order to dismantle Department of Education, administration says student loans not to be impacted March 20, 2025 Baseball defeats EKU, earns best start in history March 19, 2025 Softball suffers 2- game sweep against Liberty March 16, 2025 Baseball completes \uf164 24 \uf39e \ue61b \uf0e0 \uf02f who oversees public access laws. The then Attorney General, now Governor Andy Beshear ruled was in violation of the Kentucky Open Records Act and ordered to turn over the documents. Instead sued the Herald in Warren County Circuit Court in February 2017 in a case that still has not been resolved 4 1\u20442 years later. In a similar case where the University of Kentucky refused to turn over sexual misconduct records to the Kentucky Kernel, the university student newspaper, the state Supreme Court in March ruled in favor of the publication. The court opinion said could not use as an \u201cinvisibility cloak\u201d to hide all documents involved or associated with students. The federal law does indicate should be used to protect students\u2019 educational records. Abate said \u201ca requester is entitled to everything in the file not specifically exempt\u201d and cannot use to redact information about employees. The university is required to provide an index of reasons for their redactions. While did provide an index, Abate disputes whether many of the redactions were permissible under the Open Records Act. After the decision decided to begin turning over the 2011- 2016 records to the Herald, releasing redacted records over the next few months. In turn, the Herald made an identical request for records of such cases from 2016-2021. With the redactions, Abate said things appear to be missing from the files. The biggest one is the names of faculty and staff accused of wrong- doing, even if the claim is not found to be a violation of university policy. Abate said there is controlling case law that entitles the public to the names and handlings of the accusations. \u201cIn many instances, the university also redacted key substantive details of the allegations that make it difficult 5th straight series sweep, extends win streak to 14 March 16, 2025 Lady Toppers fall in semifinals March 14, 2025 \uf164 24 \uf39e \ue61b \uf0e0 \uf02f to know what actually happened,\u201d Abate said. \u201cSeveral files appear to be missing documentation contained in almost all other files. And in some places the redactions are not clearly explained, so it\u2019s impossible to know exactly what has been withheld.\u201d In a document outlining its reasons for redactions said it was following the ruling of the Supreme Court, federal privacy regulations and, on cases where no violations were found, a 2020 attorney general\u2019s opinion. Advertisement For the public to have confidence in the safety of the campus community, Abate said, they must know these allegations are being handled seriously and appropriately. \u201cPublic universities simply cannot be permitted to sweep serious allegations under the rug or quietly push policy violators out the door to other institutions where they might offend again,\u201d Abate said. \u201cUnfortunately, the facts that have come to light from the Herald\u2019s reporting show that pattern of behavior is all too common among universities.\u201d \uf164 24 \uf39e \ue61b \uf0e0 \uf02f In The Dark: Records shed light on sexual misconduct at Kentucky universities Alexandra Hendricks \u2018In the dark\u2019 On May 4, 2017, the Herald published \u201cIn the Dark,\u201d an in-depth report in which former Herald staffer Nicole Ares reported on more than 1,200 pages of records obtained through public records requests to all eight public Kentucky universities. Six of the eight universities provided records at the time, with only and Kentucky State University denying the request. Ares\u2019 story detailed violations at Northern Kentucky University, Eastern Kentucky University and Murray State University. At the time Andrea Anderson, who was then Title coordinator and now WKU\u2019s general counsel, told Ares that had six investigations that resulted in violations of the university\u2019s misconduct policy. Alexandra Hendricks Title policy Deborah Wilkins, WKU\u2019s Title coordinator who at the time of the Herald\u2019s 2016 request was general counsel, said Title discrimination includes sexual harassment and assault domestic violence and stalking Wilkins said \uf164 24 \uf39e \ue61b \uf0e0 \uf02f and assault, domestic violence and stalking. Wilkins said this policy is not a complaint process, but is more of a services process. When WKU\u2019s Title office talks about an investigation, Wilkins said, investigators try to use neutral language. The person who filed the report is referred to as the complainant. The person accused in the report is called the respondent. \u201cWhen we get a report, the first thing we do, whether it\u2019s an employee or a student, is [ask] what can we do to assist this person?\u201d Wilkins said. \u201cWhat services can we do to help them get on track? Get comfortable? Respond to their needs?\u201d These services are about bringing back the sense of safety and security the complainant had before, Wilkins said. This might include changing a student\u2019s residence hall, prohibiting someone from entering a residence hall or getting the student from a class. The majority of reports the Title office receives come from a student about another student. These reports then involve employees in the Office of Student Conduct such as Michael Crowe director or Melanie Evans What is Title IX? Title of the Education Amendments Act of 1972 is a federal law that states: \u201cNo person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.\u201d In effect, it protects anyone involved in an education institution that receives federal funding from any kind of discrimination or harassment based on the person\u2019s sex. \uf164 24 \uf39e \ue61b \uf0e0 \uf02f such as Michael Crowe, director, or Melanie Evans, coordinator. Other reports to the Title office involve employees, like the ones the Herald requested. The cases are handled by the Office of Equal Employment Opportunity/Affirmative Action/University Services, where Joshua Hayes is director, Title deputy/investigator and university coordinator. Hayes declined to be interviewed. After a complainant files a report and immediate services have been administered, Wilkins said, she is obligated under law to ask the person if they want to file a complaint and have their case formally investigated. Wilkins said they treat each report like it\u2019s going to be a complaint, but it\u2019s not their top priority. \u201cMy priority is to help them first,\u201d Wilkins said. Advertisement Once a report is made to the Title office against an employee, Wilkins reaches out to the complainant to speak with them about the issue. Whether or not the complainant responds, Wilkins and Hayes begin an investigation into the complaint if it\u2019s about an employee, a new step as of August 2020. When Wilkins speaks with a complainant, she asks them if there were any witnesses they want the office to reach out to which they will have the opportunity to add later \uf164 24 \uf39e \ue61b \uf0e0 \uf02f out to, which they will have the opportunity to add later. The complainant will be asked if they want an adviser to help them through the process. After the complainant has spoken with the Title office, Wilkins will offer them a copy of the transcript of their conversation to review and edit before officially adding it to the file. Simultaneously, Wilkins and Hayes then reach out to the director of the area of the university where the respondent worked, assuming the complaint is not against the director, and inform them that a complaint has been filed against one of their employees. They ask the director to make sure the parties are not in close contact or sharing responsibilities. Next, they interview the respond- ent against whom the report was filed to hear their version of events. They too are offered an adviser and asked for their list of witnesses. The respondent may say the opposite of what the student says and they are also allowed to review their statement. If there are videos, messages or emails that can be provided as evidence to the case, Wilkins said she and Hayes would also review those as a part of this process. Hayes and Wilkins then start talking to witnesses and having them review their statements for the investigation. This can take varying lengths of time, depending on the size of the department, how many witnesses there are and how fast they respond. Once the file is completed, it is shared with the complainant and respondent. They may have nothing to add to it. \u201cThen Josh and will determine, do we think there\u2019s a likelihood the policy has been violated?\u201d Wilkins said. \u201cIs there enough here to have a hearing?\u201d Another change since August 2020 is that if there is an employee involved in a complaint, there will be a hearing with an outside officer from the state Council on Postsecondary Education unless the allegation turns out to be entirely itho t fo ndation Wilkins said an e ample o ld be if \uf164 24 \uf39e \ue61b \uf0e0 \uf02f without foundation. Wilkins said an example would be if there was an allegation of an incident that happened on campus and the accused employee was proven to be in California at the time. During this process, an employee respondent can decide to resign or retire. If they do, then the investigation stops and that will be noted in the record. Wilkins said this stops with retirement or resignation because the university essentially loses jurisdiction. If the hearing officer decides the respondent has violated Title policy, the office issues a notice. Then the respondent\u2019s department head and the vice president of the division where the respondent works have 10 days to decide how they\u2019re going to address it and inform WKU\u2019s Title office, another new step as of August 2020 requires any employee who hears of sexual misconduct to report it to the Title office, even if it doesn\u2019t involve them or their work, but does not expect the person making such a report to verify that the incident actually occurred. \u201cBasically, what I\u2019m hammering on them is you don\u2019t have to investigate, you don\u2019t have to determine if it\u2019s true,\u201d Wilkins said. \u201cJust call us and we\u2019ll determine if it\u2019s true and you can go on your way.\u201d Who can file a Title report? Anyone, not just the victim, can file a report of a sexual misconduct incident involving students or employees at WKU. Under WKU\u2019s Title policy, all employees are \u201cmandatory reporters,\u201d meaning that they are obligated to inform the Title office if they hear of anything that could be considered sexual misconduct involving other employees or students. \uf164 24 \uf39e \ue61b \uf0e0 \uf02f Alexandra Hendricks Title changes On Aug. 14, 2020, new federal Title regulations took effect. \u201cIn my mind, the biggest change was the fact that if it involves an employee, there is a hearing,\u201d Wilkins said. This means that with every Title report that comes in involving an employee, the office has to do a full investigation. \u201cIf there\u2019s evidence to show that it\u2019s more likely than not that a violation occurred, we will have a hearing,\u201d Wilkins said. Reports that only involve students can end or be resolved without a hearing. For each report involving an employee, the hearing officer for the case is a neutral person from the state Council on Postsecondary Education. This hearing officer will hear from the complainant, respondent, any witness and the investigators before deciding if the policy or policies in question were violated. Before August 2020, those matters were handled within the university. After the hearing officer makes a decision, the complainant or the respondent can appeal it and then a new hearing officer will make a new decision. However, no one else can appeal the decision. The respondent\u2019s supervisor is not allowed to disagree and ignore it. Wilkins said has not, as of yet, had an occasion that would need a hearing officer from the CPE. \uf164 24 \uf39e \ue61b \uf0e0 \uf02f Advertisement \u201cThe other thing that was part of the changes in federal law was that if you\u2019re an employee and you have an investigation pending against you, you can\u2019t resign or retire,\u201d Wilkins said. \u201cNo one can prevent an individual from quitting a job, but the new regulations require us to note on that employee\u2019s permanent records, employment records that they resigned or retired under an investigation.\u201d Before, there was no requirement for a former employer to disclose if the person under consideration for a job had left their previous position under a Title investigation. Potential new employers only knew of that if they asked. It is now required to disclose if someone left under investigation in a job recommendation. Wilkins said the people hiring the respondent do have to reach out to the university and ask about them, and if they do, their former supervisor must tell them about the investigation. If a student leaves under an investigation, that is also noted on their permanent record. Wilkins said if a student or an employee leaves the university loses jurisdiction over the process. \u201cWe can\u2019t force people who are no longer associated with us to come back and go through the processes,\u201d Wilkins said th fil th ld i d th h \uf164 24 \uf39e \ue61b \uf0e0 \uf02f From the case files the Herald received through open records requests, several of the cases appear to have ended because the employee left the university. Amid the Title policy changes, there is also now a requirement for the supervisors of the employee who is found to violate the policy to report back to the Title office in writing their decision on what to do within 10 days. \u201cWhen you\u2019re forced to look at objective decision making and make your own decision and sign your name to it, it makes it a little harder to excuse bad behavior,\u201d Wilkins said. The decision about consequences for the respondent goes to the super- visor and the vice president of their division because they are responsible for the people who report to them. Wilkins said they should be a part of this process. \u201cIt holds them accountable in two ways \u2014 one, accountable to address the bad behavior that\u2019s already happened, and it also makes them aware that they\u2019re also going to be held accountable for future bad behavior,\u201d Wilkins said. She said that in the past, supervisors have asked Title what they thought about the situation and asked for advice. At the level, Wilkins said some minor change to the Title policy should be going to the president\u2019s cabinet this week. This includes adding prevention of discrimination. Alexandra Hendricks 39 Files the \uf164 24 \uf39e \ue61b \uf0e0 \uf02f 39 Files \u2013 the breakdown Out of 39 cases the Herald received, five files had male complainants, 31 files had female complainants, two files had complainants from two genders and one case file\u2019s complainant gender could not be determined. There were 36 case files with male respondents and 3 case files with female respondents. The records show that the university found violations of the Title policy in 12 of the 39 cases investigated did not redact the names of faculty or staff members who were found to have violated the policy in those instances. The files varied in size ranging from 15 pages to 293, totaling to 5,884 pages, varying based on the number of witnesses interviewed, evidence and who handled the case. \u201cThe only difference, and this is very innocent, is [that] you got two different people in charge,\u201d Wilkins said. \u201cJoshua Hayes is very detail oriented and he documents everything and keeps everything so that\u2019s why you\u2019ll see a whole lot more in his files.\u201d Before June 30, 2015, the Director of the Office of Equal Employment Opportunity and the Title coordinator was Huda Melky, who retired. The variance in the case files extends to how much is redacted. One example is in Case from the 2016 open records request, where words from WKU\u2019s own Discrimination and Harassment Policy from April 1, 2013, were redacted from the file the university turned over to the Herald. \u201cThis policy does not supersede or replace any grievance or complaint procedures contained in the [redacted] Handbook,\u201d the case file stated. \uf164 24 \uf39e \ue61b \uf0e0 \uf02f Advertisement There is another one word redaction in the \u201cMembers of the University Committee\u201d subsection and several one word redactions in the \u201cConsensual Relationship\u201d subsection. \u201cIt is impossible to understand why the university would redact part of a university policy that is otherwise publicly available,\u201d Abate said. \u201cThere is no good-faith basis for doing so.\u201d Alexandra Hendricks Cases to note Within the records the Herald received, most of the names of those faculty and staff investigated were redacted. However, 12 records where found violations occurred or likely occurred did include the employee names. One of the 39 cases, Case from the Herald\u2019s 2021 open records request, is a student employee vs. student employee Title and Title report and investigation. The events on this file revolve around two former student employees at the Herald during the 2019-20 year. \uf164 24 \uf39e \ue61b \uf0e0 \uf02f p y g y The files consist of emails and handwritten notes and do not have any formal memos stating whether or not the respondent violated any policies. Investigators recommended that the person accused complete two training sessions, and that person was not hired back at the Herald. The Herald is disclosing this information about this case to hold itself to the same standard as WKU. Alexandra Hendricks Cases with violations Kenneth Johnson Case Kenneth Johnson, former assistant director of student activities, was investigated for violating the sexual misconduct policy in 2014 after a student filed a complaint of sexual harassment. In the complaint, the student said on several occasions that Johnson threatened to place a hold on her TopNet account to prevent her from registering for classes if she did not stop by his office to visit him and have dinner with him. The student said she initially thought Johnson had the authority to place a hold on her account, but later found out that he could not do that. Before learning that, she agreed to have dinner with him had knots in my stomach. It bothered me how he used his position as a form of manipulation,\u201d the student stated in the report. Advertisement \uf164 24 \uf39e \ue61b \uf0e0 \uf02f The student said she had seen other students experience similar occurrences with Johnson. In the investigation interviewed 24 witnesses. Some denied experiencing or witnessing any form of harassment. Other witnesses mentioned trying to avoid Johnson, hearing rumors about him dating or having \u201cflings\u201d with female students, saying Johnson was \u201cclose\u201d with female students. One witness said, \u201cIt was a running joke that if you wanted to get ahead, you would sleep with Kenneth.\u201d Another witness said Johnson would take her to lunch and dinner, one-on-one, approximately three times per week. He would pick her up at her home, and would play \u201cromantic\u201d music. Johnson had purchased alcohol for both of them at dinners. Based on the findings of the investigation, Johnson violated WKU\u2019s Standards of Conduct policy and Discrimination and Harassment policy in addition to Title of the Educational Amendments of 1972. The file does not indicate if Johnson retired or resigned, but he is no longer employed at WKU. Other violations found Case B, from the 2016 request, involved Colleen Donovan, an academic readiness instructor, who found had violated the university\u2019s discrimination and \uf164 24 \uf39e \ue61b \uf0e0 \uf02f harassment policy, according to the investigation in May 2014 female student in her class filed a complaint because she notified Donovan that she would need to miss a few classes due to medical reasons. Donovan told her that she does not accept medical excuses, that no one could help her, and that according to her syllabus if a student is absent from three classes the student\u2019s grade drops to the next lower grade. Donovan was no longer employed at the university after May 2014. Case C, from the 2016 open records request, involved Timothy Mullin, former director of the Kentucky Museum and Library, who was investigated for violating the sexual misconduct policy and gender based discrimination after he made sexual comments towards others. The records include complaints that surfaced of him sexually harassing male students and belittling and berating the female employees he supervised. Mullin died in 2020. Case D, from the 2016 request, involved Steve Briggs, assistant director of Housing and Residence Life, who found had violated the university\u2019s sexual misconduct policy after an informal complaint filed by a female student on Nov. 12, 2014 university employee complained that Briggs rubbed her arm and poked her arm in the hallway, then approached her from behind and rested his hands on her hips. When she moved away, Briggs said, \u201cIt\u2019s just me.\u201d On Sep. 9, 2015, Briggs submitted a letter of resignation. Case E, from the 2021 open records request, involved Jim Hills, an events associate for WKU, who terminated on June 4, 2019, after the Title investigation regarding him concluded found that Hills would discuss inappropriate sexual matters with student workers. According to the document, Hills would compliment body parts, talk about women and stare in an uncomfortable way while setting up events with student workers, based on witness statements. Case F, from the 2021 request, involved Keith Clark, a senior academic advisor, who found had violated \uf164 24 \uf39e \ue61b \uf0e0 \uf02f the sexual misconduct policy in 2018 after a complaint was filed on March 18. Clark had been sending Facebook messages to a University of Louisville employee from March 13-17. He sent the employee a video of him \u201cspanking/paddling\u201d himself. He also sent her a photo of him bent over a stool, wearing an apron, spanking his bare bottom with a paddle. Clark resigned from the university. Case F, from the 2016 request, follows an investigation against Michael Kallstrom, a professor in the music department. On Sept. 3, 2015 began looking into a report from an- other faculty member who expressed concern about Kallstrom\u2019s interactions with a student. The student said she went with a friend to see Kallstrom, and while the friend turned to answer a phone call, Kallstrom put his hand on her thigh. The university found that Kallstrom violated the university policy. He retired shortly after. Case G, from the 2021 records request, investigated a complaint that was received on Jan. 31, 2018, about Bryan Carson, coordinator of research instruction, grants and assessment. The complaint was in response to recurring incidents after a complaint against Carson in 2011. Based on the record, Carson made female employees and students feel unsafe around him. On Feb. 28, 2018, Carson resigned and was listed as ineligible for rehire at WKU. He then went to work at Missouri Valley College. Case A, from the 2021 request, investigated Ron Mitchell, an associate professor at WKU. On Oct. 3, 2017, Lisa Schneider, assistant to Athletics Director Todd Stewart, called Joshua Hayes to tell him about an issue with Mitchell and a female student. According to the documents provided, Mitchell invited the student to his house for lunch. He picked her up from Diddle Arena, took her to a \u201cbig house,\u201d went to a restaurant and then went to a different house. At the second house, Mitchell massaged her legs, back and feet, and continuously told her to release. During the massage, he told her that her \uf164 24 \uf39e \ue61b \uf0e0 \uf02f g g clothes were dirty and that she needed to change into clothes he had for her. She said no. The student said no to the massage when he reached her upper thigh. She said Mitchell unfastened her bra, according to the documents, even though she said no. In an in-person conversation with Schneider and the student, Hayes asked how the student remained calm, she typed the answer on her phone felt sick. But was scared so could not say no.\u201d Mitchell resigned from the university on Oct. 18, 2017. Case C, from the 2021 request, investigated a complaint filed by an anonymous employee against Tim Boyer, access control locksmith, to the Title office in November 2020. On Nov. 17 at 10:10 am, there was an incident that was recorded by surveillance mentioned in the emails. \u201cWhile [redacted] was searching the key file storage, Tim rolled across the workshop floor in his office chair and positioned himself behind her while she was seated on the roller stool. The shop video shows Tim straddled within inches of her back and torso leaning over her shoulder. [Redact- ed] said she could feel his upper body/chest touching her back. The encounter lasted approximately one minute.\u201d In an email from Deborah Wilkins, she said there were three issues she thought were important to the case: there is video evidence regarding the complaint, Boyer is an \u201cat will\u201d employee so he can be terminated at any point, and Boyer had no meaningful excuse for his behavior in the video found that Boyer violated the sex and gender-based harassment, discrimination and retaliation policy. He was immediately terminated. Advertisement \uf164 24 \uf39e \ue61b \uf0e0 \uf02f Case D, from the 2021 request, dealt with Muhammad Sajjad, visiting assistant professor in physics and astronomy, who was \u201cdiscontinued\u201d and ineligible for rehire because a violation of policy was found. According to the records, the student told Hayes that she was standing by Sajjad\u2019s desk in the classroom behind the computer, and Sajjad was standing beside her, and his genitals were hitting her outer thigh. She clarified that Sajjad rubbed his genitals against her thigh in a side to side movement. Hayes asked how long Sajjad rubbed himself against her. She said Sajjad rubbed himself against her the entire time she was alphabetizing the exams, which took about five minutes. Case E, from the 2016 request, investigated a complaint that was filed against Brent Fisk, visual and performing arts library senior circulation assistant. According to the complaint, Fisk left his Pinterest ac-count open showing naked \u2014 \u201cspecifically topless\u201d \u2014 women on March 25, 2014. The incident was considered inappropriate use of technology. Co-workers said they felt uncomfortable around him since they were the same age and \u201ctype\u201d of women in the images Fisk had been looking at. From the documents provided, it is not clear whether Fisk resigned or was terminated from the university, but he did not continue to work at after 2015. Alexandra Hendricks Cases with no violations \uf164 24 \uf39e \ue61b \uf0e0 \uf02f The majority of the cases the Herald received were reports where no violation against university policies were determined. Cases and from the 2021 open records request had enough detail to be described thoroughly. Case On May 2, 2018, a student reached out to Peggy Crowe, director of the Counseling Center, about an email he had received from his Interdisciplinary Studies instructor that caused concern. The lead up to this email had been a conversation about planning a trip with the instructor and other students that the complainant would no longer be able to attend. Upon discovering the student could no longer attend the trip, the respondent sent an emotional response telling the complainant not to show up to the next class meeting he was supposed to attend as a peer mentor have a few days to deal with my loss and definitely do not want to fall apart in front of the class,\u201d the response from the employee in the file stated. From this interaction, the report and ensuing investigation revealed a long-time mentor-mentee relationship between the complainant and respondent. Instances involving heavily emotional conversations on the part of the respondent, multiple trips to conferences, a specific conversation involving bowties and Chippendale dancers and appearing in the complainant\u2019s personal life were discussed in the investigation. As the final email included in the file, the documents state that on Aug. 7, 2018, Hayes spoke to the respondent where he shared his findings and reminded him of three previously discussed points \u2014 encouraging the respondent to receive counseling, \u201cdiscouraging him from personal travel with students\u201d and having a separate room when traveling with students for work did not find a violation. \uf164 24 \uf39e \ue61b \uf0e0 \uf02f Case On Sept. 17, 2018, a student reported a theater professor teaching Acting for the Camera whose name was redacted. The professor told the student, while she was undressed for a scene, that she could receive an \u201ceasy A.\u201d Other students urged her to report what happened due to a similar incident that occurred prior. In an interview with Hayes, the professor denied ever making the comment. The student was cast in a script written in a screenwriting class that one witness described as \u201cborderline pornographic.\u201d The student emailed the professor stating she was un- comfortable, to which the professor responded that they needed to talk further and that his \u201chands were tied.\u201d The student told a dance instructor who encouraged her to report the incident and said it was \u201cunacceptable.\u201d During the investigation, 15 witnesses were interviewed. One witness said that removing clothing for the \u201cfake porn\u201d scene was optional. Several witnesses mentioned not having any concerns about the professor, one referred to him as a \u201cfather figure.\u201d Other witnesses mentioned not feeling comfortable around him result of the investigation was a two-week period for students to decide if they are comfortable with their assigned script being added to the course syllabus. The professor was told to refrain from joking with students unless they have a \u201cmutual cohesive relationship.\u201d No violation of Title was found during this investigation. The investigation ended on Dec. 13, 2018. Herald staffers Michael J. Collins, Anna Leachman, Megan Fisher, Jacob Latimer, Shane Stryker, Jake Moore and Leo Bertucci contributed to this story. \uf164 24 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 College Heights Herald, 1906 College Heights Blvd. #11084 Bowling Green \u2022 Privacy Policy Pro WordPress Theme by \u2022 Log in Digital News Editor Debra Murray can be reached at [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. \uf39e \uf16d \ue61b \ue07b\uf167 Enter Search Term News Sports Life Opinion About Work With Us! Advertise Contact Us WKUHerald.com 1906 College Heights Blvd. #11084 Bowling Green 42101 Phone: 270-745-2653 Email: [email protected] \uf164 24 \uf39e \ue61b \uf0e0 \uf02f"} |
7,244 | Aryeh Motzkin | Boston University | [
"7244_101.pdf",
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"7244_103.pdf",
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] | {"7244_101.pdf": "Motzkin v. Trustees of Boston University, 938 F. Supp. 983 (D. Mass. 1996) U.S. District Court for the District of Massachusetts - 938 F. Supp. 983 (D. Mass. 1996) August 5, 1996 938 F. Supp. 983 (1996) Aryeh MOTZKIN, Plaintiff, v UNIVERSITY, Defendant. C.A. No. 95-10450-RCL. United States District Court, D. Massachusetts. August 5, 1996. *984 *985 Janis M. Berry, Roche, Carens & DeGiacomo, Boston, MA, for Plaintiff. Lawrence S. Elswit, Office of the General Counsel, Boston, MA, for Defendant. LINDSAY, District Judge. Report and recommendation accepted NO. 6) June 4, 1996 KAROL, United States Magistrate Judge. In 1992, defendants, the Trustees of Boston University (\"Trustees\" or \"BU\"), entered into a contract with plaintiff, Aryeh Motzkin (\"Motzkin\"), under which Motzkin would teach three courses per semester in BU's College of Liberal Arts (\"CLA\") during the academic years 1993-94, 1994-95, and 1995-96. By letter dated March 31, 1995, effective immediately, Motzkin was notified that the Trustees had voted to accept the recommendation of a specially appointed faculty committee that Motzkin's contract be terminated for cause. The committee's recommendation was based on its finding, following a several-day adjudicatory hearing, that Motzkin had sexually harassed students, sexually assaulted and harassed a faculty colleague, violated BU's Illegal Drugs and Alcohol Policy by serving alcohol to underage students, and made false reports to the hearing committee regarding the charges against him. Motzkin denies some of those charges, but he does not dispute that he is unfit to teach. To the contrary, he insists that, because of a psychological disorder from which he suffers that causes \"disinhibition,\" (Am.Compl., docket no. 16, \u00b6\u00b6 7-9), he lacks sufficient control, even with counseling and medication, to refrain from engaging in intolerable conduct of the very type in which the faculty hearing committee found he had engaged. Nonetheless, he commenced this lawsuit challenging his termination on grounds ranging from breach of contract to discrimination on the basis of disability. (Compl., docket no. 1) Then, after had filed its present motion, Motzkin amended his complaint to include, among other things, a claim that defamed him and invaded his right to privacy by filing certain confidential documents and leaking information to the press. (Am. Compl.) For reasons stated below recommend that all eight counts of Motzkin's amended complaint be dismissed Unless otherwise noted, the facts stated in this section are either undisputed or stated in the light most favorable to Motzkin. See, *986 e.g., Garside v. Osco Drug, Inc., 895 F.2d 46, 48 (1st Cir. 1990). [1] A. Motzkin's Special Appointment Motzkin was initially hired by in 1987 or 1988 to teach courses within the CLA's Core Curriculum and Department of Philosophy. (Am.Compl. \u00b6 5; Salary History and 1989 Faculty Salary Recommendation Form, attached to Aff. Counsel Regarding Contract Records, docket no. 13, of 5/8/95.) He was given the untenured rank of Associate Professor. (1989 Faculty Salary Form.) The record is unclear whether he was on a tenure track for a period of time prior to 1992, but, in any event, he had not obtained tenure by the end of 1992. Moreover, he had made it clear by his words and conduct that his overriding interest was teaching not research, writing, or publishing. Accordingly, by letter dated December 4, 1992 (but dated November 7, 1992 on its second page Dean Dennis D. Berkey (\"Berkey\") offered Motzkin a special, three-year teaching appointment as a nontenured Associate Professor of the Humanities and Adjunct Associate Professor of Philosophy. (Def.'s Supplem.Mem.Supp.Mot. Dismiss (\"Def.'s Supplem.Mem.\"), docket no. 21, Ex. 1.) For each semester through academic year 1995-96, Motzkin was to teach the equivalent of two courses within the Core Curriculum and one philosophy course within the Department of Philosophy. (Id.) As Berkey emphasized in his letter: This appointment is extended in recognition of your strong contributions in teaching to the Core Curriculum. It is a special appointment, with primary emphasis on the teaching role. Therefore, in accepting this appointment you must agree to relinquish any claim for tenure status on the basis of the longevity of your service on the faculty of Boston University. (See id. \u00b6 6 (emphasis added).) Motzkin accepted this \"special appointment\" on December 9, 1992. (Id. at 2.) Although Berkey did not, in his December 4 letter, specifically alert Motzkin to the fact that his appointment could be terminated early for cause, he referred to the Faculty Handbook (the \"Handbook\") as governing the issue of reappointment and the question whether Motzkin would be eligible for future tenure consideration. (See id. \u00b6\u00b6 5, 7.) Both parties attached excerpts of the Handbook to their pleadings in this lawsuit and often referred to it as authoritative with respect to the issues in this case. This is not surprising, since the Handbook, by its terms, provides that the policies set forth in it \"are applicable University- wide to all faculty employed by Boston University\" and that \"[a]n individual's acceptance of employment at Boston University is sufficient to make the terms of the University's policies applicable without further notice or agreement.\" (Mem.Supp.Def.'s Mot. Dismiss Compl. (\"Def.'s Mem.\"), docket no. 8, Ex at 44.) On the basis of these statements asserts, and Motzkin agrees, (Tr. of 7/13/95 Hr'g, docket no. 33, at 9, 64), that the policies and procedures set forth in the Handbook, including the ones discussed below dealing with early termination, are incorporated into Motzkin's contract. The Handbook devotes an entire section to policies and procedures by which faculty members may be suspended or terminated on the basis of \"gross neglect of duty or other applicable cause ... during the term of an appointment.\" (Handbook at 67-69.) Those particular policies and procedures were adopted December 4, 1990, which was approximately two years after Motzkin's initial appointment and two years before he accepted the appointment that is the subject of this lawsuit. (Id. at 67 n. *.) The Handbook sets forth an elaborate process that must be followed before a faculty member may be terminated for cause \"during the term of an appointment.\" (Id. at 67-69.) The final step in that multi-stage process is described in the Faculty Handbook as follows: 8. Consideration by the Board of Trustees. The Board's review of the case shall be based on the record of the hearing [conducted by special committee of five faculty members appointed for that purpose] and any further briefs presented in *987 writing by the principals and/or their representatives. The decision of the Board of Trustees shall be final. It was pursuant to this process that the Trustees purported to terminate Motzkin's special appointment effective March 31, 1995. (Def.'s Mem.Ex.H.) B. Allegations Against Motzkin Complaints against Motzkin first surfaced during the 1991-92 academic year, when several female students reported that he was pressuring them to attend a party at his house. (Def.'s Mem.Ex. D: Statement of the Grounds for the Suspension or Termination of the Appointment of Associate Professor Aryeh L. Motzkin (\"Statement of Grounds\"), dated 1/95, \u00b6 4(a).) Because the students were unwilling to file formal charges, the Chairman of the Department of Philosophy, Professor Charles Griswold, raised the subject with Motzkin informally and advised him to be careful regarding his conduct toward students. (Id.) The following fall, a student in one of Motzkin's classes registered concern to Assistant Dean Brian Jorgensen about an incident in which Motzkin had approached her where she worked and invited her to lunch. (Id. \u00b6 4(b).) He addressed the matter with Motzkin, who gave assurances that he would avoid such conduct in the future. (Id.) Concerns about Motzkin escalated shortly after September 11, 1993. On that date, Motzkin took an underage female student to dinner off campus, ostensibly to discuss the possibility of her doing some translation work for him. (Id. \u00b6\u00b6 3(b), 7; Motzkin Aff., docket no. 27, Ex. A: letter from Motzkin to Berkey of 9/28/93, at 2-3.) It is undisputed that, during dinner, in violation of BU's Illegal Drugs and Alcohol Policy, Motzkin purchased the student some wine to accompany her meal. (Id. at 2.) According to the student (but denied by Motzkin), he also made suggestive remarks. (Id. at 2-3; Statement of Grounds \u00b6 3(b).) This incident prompted Berkey to issue a formal reprimand to Motzkin and a warning that \"a future reoccurrence of this type of situation could result in more severe sanctions.\" (Am.Compl. \u00b6 11; Statement of Grounds \u00b6 4(c) (quoting letter from Berkey to Motzkin of 10/18/93.)) In May 1994, Berkey received a memorandum from a female faculty member in which the faculty member alleged that, beginning in 1991, Motzkin had made repeated, unwanted advances toward her; had sexually assaulted her; and had frequently intimated that, in exchange for her favors, he would be willing to use his purported influence with senior administration officials to help her get tenure. (Def.'s Mem.Ex.D: Statement of Additional Grounds for the Suspension or Termination of the Appointment of Associate Professor Aryeh L. Motzkin (\"Statement of Additional Grounds\") \u00b6\u00b6 8-15.) The faculty member declined to file a formal complaint at that time, however. (Id. \u00b6 16.) In the summer of 1994, Berkey met with Motzkin and admonished him not to dine alone with female students away from campus. (Statement of Grounds \u00b6 4(d).) He also told him that he was in a \"strike-two situation,\" that his current contract would not be renewed, that he should start looking for another position, and that any additional misconduct would result in his termination. (Id.) Despite this explicit warning, Motzkin promptly took another underage student to dinner off campus on September 27, 1994; purchased alcohol for her in violation of BU's Illegal Drugs and Alcohol Policy; drove her to a suburban hotel (the circumstances are disputed but the fact that he did so is not); and allegedly engaged in offensive and inappropriate conduct. (Id. \u00b6\u00b6 3(c), 7; Motzkin Aff.Ex.A: letter to the Sexual Harassment Committee from Motzkin of 10/27/94 at 1-5.) Around the same time, one of Motzkin's former students came forward with allegations that, in October 1990, Motzkin had invited her to his house under false pretenses and made inappropriate remarks and suggestions of a sexual nature to her while they were there. (Id. at 5-6; Statement of Grounds \u00b6 3(a).) C. BU's Response to Allegations Against Motzkin In response to some of the foregoing allegations and pending their resolution, Berkey, by letter dated October 6, 1994, relieved *988 Motzkin of all teaching and other responsibilities. (Def.'s Mem.Ex. A: letter from Berkey to Motzkin of 10/6/94.) The letter referred to and invoked the Policy on Sexual Harassment (the Policy\"). (Aff.Pl.'s Counsel Verifying Docs. Re: Count Relating to Violation of Univ. Policies and Procedures (\"Aff.Pl.'s Counsel\"), docket no. 29, Ex.B.) It also warned Motzkin that \"[t]he matters are of such gravity that they may provide a basis for seeking the termination of your employment for cause.\" (Letter of 10/6/94 at 1.) It is unclear from the record what precise steps took to resolve the complaints against Motzkin under the Policy. That issue is immaterial, however, because did not purport to terminate Motzkin pursuant to the Policy. Rather, it purported to do so pursuant to the different set of university-wide policies and procedures set forth in the Handbook and which the Handbook, by its terms, makes applicable to all faculty members. Therefore, in the discussion below, consideration will be given only to the investigation and adjudication of the allegations against Motzkin that purportedly took place in accordance with the policies and procedures set forth in the Handbook. As noted, relevant excerpts from the Handbook are included in the record. (Def.'s Mem.Ex. C; Aff.Pl.'s Counsel Ex.C.) In essence, the Handbook lays out a several-step process for the resolution of questions raised regarding \"the fitness of a faculty member ... whose term of appointment has not expired.\" (Handbook at 67-69.) First, an attempt is made to resolve the matter informally through discussion at the administrative level. (Id. at 68.) Second, if informal, administrative resolution is not achieved, an ad hoc committee of three faculty members is appointed to attempt to mediate a settlement or, if that too is unsuccessful, to recommend to the Provost whether \"formal proceedings should be instituted.\" (Id.) Third, formal proceedings are instituted if either the ad hoc committee or the Provost determines that it is appropriate to proceed further. (Id.) At that point, the Provost and the committee are required jointly to prepare a detailed statement of the grounds for suspension or termination, or, if they cannot agree on how to proceed, the Provost may prepare such statement unilaterally. (Id.) Then, pursuant to procedures prescribed in the Handbook, a [2] committee of five faculty members is selected to hear the charges and a hearing is conducted. (Id.) The accused faculty member is assured various rights in connection with the hearing, including the right to respond in writing and orally to the charges against him or her, to be represented by counsel, to call and confront witnesses and introduce evidence, and to demand that certain evidence be produced. (Id. at 68-69.) The Handbook also provides, however, that \"the hearing shall be conducted in an informal manner reasonably calculated to ascertain the truth and shall not be limited by formal rules of evidence or other restrictions usually employed in legal proceedings.\" (Id. at 69.) Following the hearing, the committee must make a decision within ten days. (Id.) Specifically, it must make \"explicit findings with respect to each of the charges presented.\" (Id.) Further, \"if warranted,\" it shall \"recommend suspension, termination, or other appropriate discipline.\" (Id.) Once it has completed its work, it delivers its report to the faculty member, the Provost, and the President. (Id.) The President then \"may either reject the recommendation and terminate the proceedings\" or forward the report to the Trustees, with or without his or her own recommendation. (Id.) The Trustees then make *989 a decision regarding disciplinary action, which decision, as noted, \"shall be final.\" (Id.) At that point, restrictions on publicity are lifted and any announcement of the Trustees' decision must \"include a statement of the Hearing Committee's findings.\" (Id.) Various documents included in Exhibit to the Memorandum in Support of Defendant's Motion to Dismiss Complaint (docket no. 8) reflect BU's compliance with the Handbook's pre-hearing procedural requirements. The earliest document in Exhibit is a copy of a letter dated December 23, 1994, to the Provost from the three-member ad hoc committee appointed to consider the charges then pending against Motzkin. In the letter, the ad hoc committee reported its unanimous recommendation that formal proceedings be instituted. The next document in Exhibit is a copy of a letter dated January 11, 1995, from the Provost to Motzkin in which the Provost advised Motzkin that he had accepted the ad hoc committee's recommendation and was enclosing the formal statement of charges that the Provost had formulated, \"in consultation with the committee.\" The enclosed statement of charges described in detail most of the allegations set forth above. It omitted, however, any reference to the allegations that were contained in the May 1994 memorandum to Berkey from the faculty member, presumably because the faculty member was still unwilling to press charges. Another document included in Exhibit is a copy of a letter dated January 25, 1995, from the Provost to Motzkin. The January 25 letter informed Motzkin that the charges against him had been amended to include the allegations of the faculty member who had, until then, \"been unwilling ... to permit her testimony to be used detailed [3] statement of the new charge was included, and Motzkin was given an additional fourteen days to prepare his response. While was considering the charges against Motzkin in the fall of 1994, it received a letter dated November 21, 1994, from the attorney who was then representing Motzkin, Douglas T. Schwarz. (Def.'s Mem.Ex.B.) The letter purported to advise of \"new information\" regarding a \"depressive disorder\" from which Motzkin was purportedly suffering that, in combination with the medication he was taking and other factors, might have reduced his inhibitions, impaired his judgment, and caused him to \"[take] a female student to dinner off-campus, inattentive to Dean Berkey's earlier letter about precisely this point.\" (Id. at 1-2.) The letter claimed that Motzkin was again under the care of a psychiatrist, Dr. Michael Johnson (\"Johnson\"), and that Johnson was hopeful that, with appropriate treatment, including an anti-depressant medication called Zoloft, \"it is extremely unlikely that [Motzkin] will engage in inappropriate behavior in the future.\" (Id.) The letter went on to state: Dr. Motzkin's primary depressive disorder is a handicap under both state and federal law. The University's obligation under such circumstances is to accommodate a person with a handicap unless the accommodation required would impose an undue hardship believe that the reasonable accommodation requirement here entails the University monitoring Dr. Motzkin's progress using Zoloft under Dr. Johnson's care. If, as Dr. Johnson believes will be the case, the medication continues to substantially improve the situation, there would seem to be no legitimate reason for preventing Dr. Motzkin from returning to teaching suggest that if his improvement is enduring, it would be appropriate that he return to teaching as soon as is practically possible. (Id. at 2.) This was the first communication that received from any source notifying it that Motzkin claimed to suffer from a *990 disability or that the erratic behavior in which he allegedly had engaged might be attributable to it. By mid-January 1995, the five-member faculty committee appointed to hear the charges against Motzkin (the \"Hearing Committee\") had been appointed. (Def.'s Resp., docket no. 34, Ex. 3: Klafter Aff. \u00b6 5.) It began conducting hearings on or about February 20, 1995. (Am.Compl. \u00b6 16.) Motzkin was given the opportunity to testify, but, on advice of counsel, he chose to remain silent. (Pl. Motzkin's Opp'n Mot. Dismiss or Summ.J. (\"Pl.'s Opp'n\"), docket no. 11, at 3 n. 5; Def.'s Mem.Ex. E: Report of the Hearing Committee Considering the Proposed Suspension or Termination for Cause of Associate Professor Aryeh L. Motzkin (the \"Report\") at 1.) Over a period of several days, numerous witnesses apparently did testify either in person or by affidavit, including Johnson and BU's own psychiatric expert, Dr. Louis Vachon (\"Vachon\"). Motzkin was represented throughout by counsel, and he attended all but the last day of hearings. (Report at 1.) During the course of the hearings, the Hearing Committee heard and ruled upon numerous objections and motions, some of which are the subject of this lawsuit and are discussed in more detail below. On March 21, 1995, the Hearing Committee issued the Report. It \"found the witnesses to be clear, forthright and credible,\" and it found the \"evidence regarding manipulative, deceptive and harassing behavior on the part of Professor Motzkin\" to be \"compelling and believable.\" (Id.) Further, although not necessarily dispositive of the issue of discrimination that Motzkin has raised in this court, the Hearing Committee considered and rejected such claim: Professor Motzkin's attorney argued that the University failed to take action to accommodate Professor Motzkin's alleged conditions or facilitate treatment of them. We have not found sufficient evidence to support this conclusion. Professor Motzkin was repeatedly counseled by superiors concerning the unacceptability of his behavior and the potential consequences to his career. Nevertheless, his pattern of manipulation, deceit and harassment continued into the autumn of 1994. During this period, Professor Motzkin neither claimed an impairment nor sought accommodation for it. The Committee is not persuaded that Professor Motzkin's newly claimed impairment can either excuse or provide grounds for the University to condone his continued harmful behavior. Whatever actions he may take in the future to address the source of the behavior do not justify, at this present time, his continuance as a faculty member at the University. No evidence was presented that Professor Motzkin will in the foreseeable future modify his behavior.... Neither has he requested help from the University with the behavior, other than on one occasion when he suggested to a superior that [4] he might be fined each time he did an act that was deemed inappropriate. Although Professor Motzkin appears to be a skilled teacher, on the basis of the evidence presented, he does not meet the standard of interpersonal behavior required of a faculty member at Boston University. (Id. at 5-6.) The Hearing Committee concluded that \"the charges of harassment, sexual harassment, sexual assault, violation of the University's Illegal Drugs and Alcohol policy and lying against Associate Professor Aryeh L. Motzkin are true and proven.\" (Id. at 6.) It unanimously recommended that he be \"terminated for cause.\" (Id.) In accordance with the rules prescribed in the Handbook, the Hearing Committee transmitted the Report to the President. (Def.'s Mem.Ex. F: letter from John Silber to Board of Trustees of 3/22/95.) By letter to the Trustees dated March 22, 1995, the President notified the Trustees of his concurrence with the Hearing Committee's recommendation *991 that Motzkin's appointment \"be terminated for cause effective upon the vote of the Board.\" (Id.) The Trustees accepted this recommendation, and Motzkin was notified by letter dated March 31, 1995, that his appointment had been terminated for cause. (Def.'s Mem.Ex. H: letter from John Silber to Motzkin.) D. Court Proceedings Motzkin commenced the present lawsuit in Massachusetts Superior Court on or about February 17, 1995, or three days before the Hearing Committee began hearing testimony. (Compl.; Am.Compl. \u00b6 16.) His original complaint contained four counts, including one count for breach of contract (Count II) and three counts for discrimination in violation, respectively, of Mass.Gen.L. ch. 93, \u00a7 103 (1994) (Count I), of Title of the Americans with Disabilities Act (\"ADA\"), 42 U.S.C. \u00a7\u00a7 12181-12189 (1994) (Count III), and of section 504 of the Rehabilitation Act, 29 U.S.C. \u00a7 794 (1994) (Count IV). On or about March 3, 1995 removed the case to this court on the ground, among others, that a federal question had been asserted. See 28 U.S.C. \u00a7\u00a7 1331, 1441(b) (1994). At the end of March or the beginning of April of 1995 filed a motion to dismiss (docket no. 6) and a supporting memorandum (docket no. 8). Although had purported to file its motion pursuant to Fed.R.Civ.P. 12(b) (1) and (6), it attached a number of exhibits to its memorandum and specifically requested that the court treat the motion as one for summary judgment. (Def.'s Mem. at 1.) On or about May 8, 1995, Motzkin filed a pleading entitled \"Plaintiff Motzkin [5] Opposition to Motion to Dismiss or for Summary Judgment,\" and an amended complaint. (Docket nos. 11 and 16.) Motzkin's amended complaint sets forth eight counts, preceded by a general section entitled \"Statement of the Facts.\" The \"Statement of the Facts\" section alleges that Motzkin \"suffers from mental disorders,\" which disorders were purportedly documented in expert testimony that plaintiff submitted under seal with his amended complaint. (Am.Compl. \u00b6 8.) It further alleges that Motzkin's mental disorders (and the medication prescribed to treat them) \"cause disinhibition in certain actions so that an individual may engage in inappropriate conduct that otherwise in a non-disabled state the individual's mind inhibitions would forestop.\" (Id. \u00b6 9.) As noted, Motzkin's amended complaint was accompanied by, and specifically alluded to, relied upon, and adopted, expert testimony that Motzkin filed under seal in this proceeding and that had originally been submitted at the hearings conducted by the Hearing Committee. (Mot. Impound Two Docs., docket no. 14, and contents.) The filing that Motzkin made under seal in this case consists of two documents: (1) the Affidavit of Dr. Michael Johnson and (2) excerpts compiled by Motzkin's counsel of testimony by a psychiatric expert Vachon whom had apparently called as a witness at the termination hearing. In his affidavit, Johnson states his opinion that Motzkin suffers from \"depressive disorders\" and sleep apnea, which, in combination, \"impair the Professor's ability to function and have a marked disinhibitive effect on his conduct.\" (Johnson Aff. \u00b6 5.) Further, despite the use of medication, \"the disorders remain chronic, at times improving, at times worsening.\" (Id. \u00b6 6.) Johnson concludes that \"Professor Motzkin suffers from disabilities that continue to impair his ability to function and such disabilities would have impaired his ability to recognize and conform his conduct to the boundaries that would appropriately mark the relationship that should separate a professor and his students.\" (Id. \u00b6 9.) Along the same lines, Vachon, according to Motzkin's own summary of a portion of the testimony *992 that Motzkin adopted and relied upon in his filings with this court, \"confirmed that there would be impairment in both social and occupational functioning, which would render one disabled from serving as a university professor.\" (Pl.'s Submission of Excerpts from the Testimony Under Oath of BU's Psychiatric Expert Dr. Louis Vachon Confirming that Professor Motzkin Suffers from Disabilities at 8.) As noted, the other pleading that Motzkin filed on May 8, 1995, was his opposition to defendant's motion. In his opposition, Motzkin again referred to and adopted the foregoing psychiatric testimony and opinion. (Pl.'s Opp'n at 3.) He agreed that Count of his original claim, which had alleged discrimination on the basis of disability in violation of state law, [6] [ ] was subject to dismissal for failure to exhaust state administrative remedies. (Id. at 4-5.) With respect to the breach of contract count, Motzkin argued that summary judgment was precluded because of factual disputes regarding the existence of a contract, but he did not explain the basis for his claim that there had been a breach, except to state in conclusory terms that the contract \"was wrongfully terminated.\" (Id. at 5.) With respect to the count, he did not address BU's argument that Title of the ADA, to the exclusion of Title III, concerned employment discrimination, but he did argue that was a place of public accommodation. (Id. at 6-7.) Finally, he did not at all address BU's arguments that, because, inter alia, he had admitted in his complaint that he was not \"otherwise qualified\" to perform the essential functions of a university professor, Motzkin had failed to state a claim under the Rehabilitation Act. On or about June 16, 1995 filed Defendant's Supplementary Memorandum in Support of Motion to Dismiss. (Docket no. 21.) This supplementary memorandum addressed some of the points Motzkin had raised in his opposition to BU's original motion, as well as the new counts that were included for the first time in Motzkin's amended complaint. Oral argument on BU's motion was heard on July 13, 1995. (Tr.) At the argument, after confirming that counsel had no objection, the court stated that it would treat BU's motion as one for summary judgment. (Id. at 4.) This was confirmed in a Scheduling and Procedural Order entered that date, (docket no. 22), which order also gave Motzkin until August 4, 1995, to file additional evidentiary material and, if he wished to do so, a motion for discovery pursuant to Fed.R.Civ.P. 56(f). Motzkin took full advantage of this opportunity to make these supplemental filings. (Docket nos. 24 and 26-30.) He also filed a motion for leave to file a second amended complaint, (docket no. 25), which motion is the subject of a separate memorandum and order entered this date. The voluminous filings concerning the present motion were finally completed in September 1995, upon the filing by of its response to Motzkin's supplemental filings, (docket no. 34), and a motion to impound certain documents that Motzkin had filed. (Docket no. 31 A. Procedural Considerations Where, as here, materials \"outside the pleading are presented to and not excluded by the court,\" Fed.R.Civ.P. 12(b) authorizes the court to convert a motion to dismiss for failure to state a claim into a motion for summary judgment, provided that all parties are given [7] notice and the opportunity to present opposing materials. See Whiting v. Maiolini, 921 F.2d 5, 6-8 (1st Cir.1990). These requirements were satisfied here. The court will thus treat BU's motion as one for summary judgment. The standard for summary judgment is familiar. Summary judgment is appropriate only when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. See Fed. R.Civ.P. 56(c). At the outset, the moving party must aver that there is \"`an absence of evidence to support the nonmoving party's'\" position. Garside, 895 F.2d at 48 (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S. Ct. 2548, 2554, 91 L. Ed. 2d 265 (1986)). *993 To avoid summary judgment, the opposing party must produce affirmative evidence demonstrating a genuine issue for trial. See Mesnick v. General Elec. Co., 950 F.2d 816, 825 (1st Cir.1991), cert. denied, 504 U.S. 985, 112 S. Ct. 2965, 119 L. Ed. 2d 586 (1992). \"[T]he nonmovant may not rest upon mere allegations, but must adduce specific, provable facts demonstrating that there is a triable issue.\" Brennan v. Hendrigan, 888 F.2d 189, 191 (1st Cir.1989). While \"`summary judgment ... should be used sparingly ... where motive and intent play leading roles,'\" Lipsett v. University of Puerto Rico, 864 F.2d 881, 895 (1st Cir.1988) (quoting Poller v. Columbia Broadcasting Sys., 368 U.S. 464, 473, 82 S. Ct. 486, 491, 7 L. Ed. 2d 458 (1962)), it is nevertheless available where, on the basis of undisputed facts, the moving party is entitled to prevail as a matter of law regardless of motive. See, e.g., August v. Offices Unlimited, Inc., 981 F.2d 576, 581-82, 584 (1st Cir.1992) (holding summary judgment for employer proper because employee had conceded he was \"totally disabled\" and thus could not establish prima facie case under state civil rights statute similar to Title of and section 504 of Rehabilitation Act). In reviewing the nonmovant's case, \"the court must look at the record in the light most favorable to the party opposing the motion and must indulge all inferences favorable to that party.\" See Stepanischen v. Merchants Despatch Transp. Corp., 722 F.2d 922, 928 (1st Cir.1983) (citation omitted). This court must therefore review the record in the light most favorable to Motzkin to determine whether he has adduced sufficient admissible evidence to raise a triable issue with respect to any of the eight counts of his amended complaint. B. Application of Summary Judgment Standard Count Motzkin asserts in Count of his amended complaint that his termination violated Title of the ADA. (Am.Compl. \u00b6 26.) Title prohibits employment discrimination \"against a qualified individual with a disability,\" defined as a person who can perform the \"essential functions\" of his or her job, with or without reasonable accommodation. See 42 U.S.C. \u00a7\u00a7 12111(8), 12112; see also Southeastern Community College v. Davis, 442 U.S. 397, 406-07, 99 S. Ct. 2361, 2367, 60 L. Ed. 2d 980 (1979). In response argues, inter alia, that Motzkin was hired to be a teacher, but, by his own admission, he is not qualified to teach. (Def.'s Supplem.Mem. at 3-4; Def.'s Mem. at 12-16.) It further notes that Motzkin's own expert has opined that Motzkin has an impaired \"ability to recognize and conform his conduct to the boundaries that would appropriately mark the relationship that should separate a professor and his students.\" (Def.'s Resp. at 6.) It also points out that Motzkin himself, by quoting Vachon's testimony, supports BU's argument that no genuine issue exists concerning whether Motzkin can perform the responsibilities of his former job. (Def.'s Supplem.Mem. at 4 argues that, under these circumstances, Motzkin is clearly not qualified to teach, and teaching is without doubt an essential indeed, the defining function of the appointment that is the subject of this lawsuit. (Def.'s Mem. at 13-14; Def.'s Resp. at 6-7.) Thus, even assuming, arguendo, that Motzkin is an individual with a \"disability\" within the meaning of 42 U.S.C. \u00a7 12102(2) and that, contrary to the evidence, he was discharged not for his offensive conduct but \"because of the disability,\" within the meaning of 42 U.S.C. \u00a7 12112(a), he is still not entitled to relief under Title of the ADA. The court was (and still is) unable to locate within any of Motzkin's many filings even a purported response to this seemingly irrefutable argument. For that reason, the court inquired pointedly at the oral argument whether it is Motzkin's position that \"he is presently qualified as a result of the treatment *994 he is now receiving,\" to which his counsel responded, \"No.\" (Tr. at 50.) The court then asked whether Motzkin agrees that \"he is not presently qualified [i.e., even with the treatment he is receiving] to be placed in a classroom teaching University students,\" to which his counsel responded, \"Yes, but that is not the full range of the definition of a professor.\" (Id.) In an attempt to understand this last response, the court inquired whether it was Motzkin's position that, even if he was hired to teach had an \"obligation to accommodate [him] by putting him in a nonteaching position.\" (Id. at 51.) His counsel responded, \"It's not my position.\" (Id.) When pressed to explain her position, however, counsel noted that professors do other things besides teaching, including research and writing, curriculum development, and grading examinations. (Id. at 53.) Motzkin's position thus seems to be that has an obligation to create a \"teaching\" position for Motzkin in which he would have all the responsibilities that other teachers have, with the notable exception of teaching. [8] Motzkin's argument must be rejected. Whatever incidental, non-teaching responsibilities other professors at might have, it is undisputed that Motzkin, consistent with his own preference, was given a special teaching appointment that required him to teach three courses per semester in the Core Curriculum and Department of Philosophy. If he is unable to teach the courses that he was hired to teach, someone else will presumably have to teach them. Conversely, he was not hired to do research, or design curricula, or grade examinations, and certainly would not have given him the special appointment it did if that were all he was qualified to do. In light of Berkey's December 4, 1992, letter offering Motzkin a \"special appointment, with primary emphasis on the teaching role,\" it simply cannot be disputed that teaching is an essential function of Motzkin's job. Moreover, even if teaching were not an essential function of Motzkin's special appointment, there is no more reason to believe that Motzkin can be trusted to work in proximity to female colleagues whether in the library, or on committees, or in other locations or capacities than to teach female students. Whether or not Motzkin did the things he was accused of doing, there is no place in a university community for someone who is as incapable of controlling his impulses as Motzkin insists he is. See Mazzarella v. United States Postal Serv., 849 F. Supp. 89, 96 (D.Mass.1994) (\"Finally, and most importantly, the record demonstrates that no amount of accommodation by [the Postal Service] would necessarily protect its employees and its property from the plaintiff's potential fits.\") Therefore, even if teaching were not an essential function of Motzkin's particular appointment, his proposal that he merely be removed from the classroom as a form of \"reasonable accommodation\" would be unacceptable. Because Motzkin is incapable, with or without accommodation, of performing the essential functions of his job, there is no need to consider BU's other arguments regarding flaws in Motzkin's claim under Title of the ADA. It should be noted, however, that case law supports a number of BU's alternative arguments. See Little v. FBI, 1 F.3d 255, 259 (4th Cir.1993) (employer subject to Rehabilitation Act must be allowed to terminate employee for \"egregious misconduct\" regardless of whether employee has a disability); Mazzarella, 849 F. Supp. at 97 (termination of an employee for improper conduct does not constitute discrimination because of a disability pursuant to Rehabilitation Act, even if the improper conduct is attributable to a disability); August, 981 F.2d at 580-81 & n. 4 (an employer has no obligation to offer another job to employee who, because of a disability, is unable to do the job he or she was hired to perform); Taub v. Frank, 957 F.2d 8, 11-12 (1st Cir.1992) (no liability under Rehabilitation Act for employer's failure to identify and offer treatment for an undisclosed disability that contributes to behavior that constitutes grounds for termination). [9] For all the foregoing reasons recommend that Count of the amended complaint be dismissed. *995 Count Count of the amended complaint states a claim similar to Count I, except that it is brought under section 504 of the Rehabilitation Act of 1973 rather than the ADA. (Am.Compl. \u00b6 27 recommend dismissal of Count for the same reason recommend dismissal of Count I. By his own admission, Motzkin is unfit to teach; therefore, he is not an \"otherwise qualified individual with a disability,\" within the meaning of 29 U.S.C. \u00a7 794(a). Count Count of the amended complaint purports to state a claim under Title of the ADA, 42 U.S.C. \u00a7\u00a7 12181-12189. (Am. Compl. \u00b6 28.) Title addresses, among other things, discrimination on the basis of disability by places of public accommodation. Specifically, Title proscribes discrimination on the basis of disability with respect to \"the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.\" See id. \u00a7 12182(a). The parties' memoranda are somewhat confusing because they tend to deal with two separate issues without clearly distinguishing between them. The first issue is whether Title covers only physical access to the structures in which businesses that otherwise would be places of public accommodation are located. Some courts have answered this question in the affirmative, see, e.g., Parker v. Metropolitan Life Ins. Co., 875 F. Supp. 1321, 1327-28 (W.D.Tenn.1995) (\"Title only addresses discrimination based on a disabled person's physical abilities to make use of the goods and services of a place of public accommodation\"), but the First Circuit has read Title more broadly. See Carparts Distribution Ctr., Inc. v. Automotive Wholesalers Ass'n of New England, Inc., 37 F.3d 12, 18-20 (1st Cir.1994). The Title question in Carparts was whether a business could be a place of public accommodation notwithstanding that members of the public did not physically have to go to it in order to purchase goods or services, see id. at 18, which question is not presented here. Nevertheless, in holding that a business could be a place of public accommodation under these circumstances, the court necessarily discussed the [10] closely related question whether Title deals only with physical access to places of public accommodation. See id. at 18-20. Again, the court read Title broadly: Neither Title nor its implementing regulations make any mention of physical boundaries or physical entry. Many goods and services are sold over the telephone or by mail with customers never physically entering the premises of a commercial entity to purchase the goods or services. To exclude this broad category of businesses from the reach of Title and limit the application of Title to physical structures which persons must enter to obtain goods and services would run afoul of the purposes of the and would severely frustrate Congress's intent that individuals with disabilities fully enjoy the goods, services, privileges and advantages, available indiscriminately to other members of the general public. Id. at 20. Despite this language argues that, as a matter of law, Title applies only \"to issues of physical access to places of public accommodations.\" (Def.'s Mem. at 11.) Carparts clearly rejects this argument. On the other hand, Motzkin also clearly misses the mark when he construes the quoted passage as dispositive of the separate and more relevant of the two issues that raises: does Title deal at all with employment discrimination, or is employment discrimination the exclusive domain of Title I? Since Carparts does not address this question, other sources must be considered first consider the statutory language. Title proscribes discrimination \"in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.\" See 42 U.S.C. \u00a7 12182(a). While it *996 could be argued that the terms \"privileges\" and \"advantages,\" in the abstract, are general enough to encompass employment opportunities, one does not ordinarily think of jobs as being among the \"privileges\" and \"advantages\" offered to members of the public by places of public accommodation. Title I, on the other hand, is entitled \"Employment,\" and, by its terms, it clearly applies to virtually all aspects of the employment relationship, See id. \u00a7 12112 (proscribing discrimination in regard to \"job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment\"). Indeed, even with respect to physical (and other) accessibility issues within the employment context, it is Title I, not Title III, that directly addresses the area. Specifically, Title provides that an employer's duty to make reasonable accommodation for employees with disabilities may include \"making existing facilities used by employees readily accessible to and usable by individuals with disabilities.\" See id. \u00a7 12111(9) (A). The legislative intent is so clear from the language of Titles and that one need not go beyond that language to conclude that employment discrimination is the exclusive province of Title proceed, nevertheless, to consider precedent. At least one case is squarely on point, and that case holds that \"Title does not govern employment practices.\" See Parker, 875 F. Supp. at 1328. In reaching its conclusion, the Parker court cited the following instructive excerpt from the legislative history of the ADA: \"Title is not intended to govern any terms or conditions of employment by providers of public accommodations ... employment practices are governed by title of this legislation.\" Id. (citing S.Rep. No. 116, 101st Cong., 1st Sess. 58 (1989)). Finally, as a matter of policy, it would make no sense to construe Title as including employment practices within its scope. Indeed, to do so might wreak havoc with the careful balance that Congress attempted to strike in Title between the rights of employers and the rights of workers with disabilities. For example, the term \"qualified individual with a disability\" appears in Title I, see 42 U.S.C. \u00a7\u00a7 12111(8), 12112, but is absent from Title III. As a result, if Title were construed to apply to employment practices, an employer would be within its rights under Title I, but might be liable under Title III, if it denied employment to an individual who, because of a disability, was incapable of performing the essential functions of the job conclude that Title does not apply to employment discrimination. For this reason, and because Motzkin does not otherwise allege a violation of Title recommend that Count of the amended complaint be dismissed. Count Count of the amended complaint, a barebones claim for breach of contract, states, in its entirety, \"The University's termination of Professor Motzkin['s] employment contract constitutes a breach of the mutual rights and obligations of the employment contract.\" (Am.Compl. \u00b6 29.) Nowhere within the amended complaint or Motzkin's other filings does Motzkin state any particular respect in which allegedly failed to honor any promise it made to him, other than to claim that terminated his contract prematurely and improperly. (Id. \u00b6 1.) For this reason, the court specifically asked Motzkin's counsel at oral [11] argument to identify the alleged breaches. (Tr. at 63.) Counsel identified three: a contract right not to be terminated in violation of the ADA; a contract right not to have the charges against him amended in violation of the procedures set forth in the Handbook; and a contract right that he not be terminated without an impartial termination hearing, or, more specifically, a hearing in which the clerk appointed by the Hearing Committee is not \"an arm of the prosecutor.\" (Id. at 63-66.) *997 It is important to note that Motzkin does not dispute that his contract may be terminated early for cause or that cause would include conduct of the type in which the Hearing Committee found he had engaged. These implicit concessions, in conjunction with Motzkin's admission that he suffers from a disinhibitory disorder that renders him unfit to teach and prone to engage in offensive behavior of the same type that he was charged with, would appear to be dispositive of all his contract claims. Thus, as noted, there can be no violation of the ADA, and, therefore, no breach of contract pursuant to Motzkin's theory that the contract incorporates the ADA, if Motzkin is incapable of performing the essential functions of his job. Similarly, BU's alleged failure to observe certain procedural formalities prescribed by the Handbook would appear to be immaterial, since the outcome of a hearing conducted in a manner that Motzkin would deem \"procedurally proper\" would be the same, given Motzkin's concession that has the right to terminate his contract for cause and his admission that disinhibitory disorders render him unfit to teach. Thus there is no need, in light of Motzkin's concessions and admissions, to consider Motzkin's two contract claims relating to procedures. In the interest of thoroughness, however will briefly review them to demonstrate that neither has merit. First, Motzkin complains about an allegedly improper amendment of the charges against him to include the complaints documented by the faculty member in her May 1994 memorandum to Berkey. (Am.Compl. \u00b6 33; Aff.Pl.'s Counsel \u00b6\u00b6 1-4, 6.) The gravamen of Motzkin's complaint is that it was a violation of BU's policies and procedures, and, thus, a breach of his contract, to allow the Hearing Committee to consider this particular charge before it had been considered by the Sexual Harassment Committee. (Id. \u00b6\u00b6 1-4, 6, Ex. D: Professor Motzkin's Mot. Limit Matters Before Faculty Committee Hearing.) The first problem with this complaint is that it confuses the Policy, which includes as one step in its process a hearing before a three-person ad hoc subcommittee of the CLA's Sexual Harassment Committee Policy at 7), with the separate procedures prescribed in the Handbook. (Handbook at 67-69.) Neither the Sexual Harassment Committee nor the three-person ad hoc subcommittee of the Sexual Harassment Committee plays any role in disciplinary proceedings commenced pursuant to the Handbook, except that [12] one option available to the ad hoc subcommittee is to recommend that the dean initiate action to discipline or terminate the accused pursuant to university procedures Policy at 8.) Under the Handbook procedures, the first step in the disciplinary process, if the matter cannot be resolved informally, is to refer the matter to an ad hoc committee of three faculty members, which committee is distinct from the ad hoc subcommittee. (Handbook at 68.) If the ad hoc committee is unable to settle the charges, it makes \"a recommendation as to whether formal proceedings should be instituted.\" (Id.) Significantly, however, the Provost may decide that formal proceedings be commenced even if the ad hoc committee had recommended otherwise. (Id.) Given this structure, it is difficult to see how Motzkin could have suffered any prejudice as a result of the failure of the ad hoc committee to consider the faculty member's charges. The ad hoc committee considered all the other charges and recommended that formal proceedings be commenced as to those. It is inconceivable that, if the faculty member's additional charges had also been considered, the ad hoc committee would not have recommended formal proceedings as to the charges that it did consider. Although it is possible that the ad hoc committee would not have recommended that the formal proceedings include the faculty member's charges, the Provost would still have had the authority, pursuant to the Handbook, to make a unilateral decision to include them *998 anyway. (Id.) Under these circumstances, where it was the Provost who notified Motzkin of the decision to amend the charges to include the faculty member's complaint, no purpose would have been served to reconvene the ad hoc committee solely to have it consider the faculty member's complaint. Motzkin's second complaint regarding the hearing procedures is that the clerk to the Hearing Committee, Craig Klafter (\"Klafter\"), an Assistant to the Provost, allegedly worked actively with the prosecuting attorney and participated in the Hearing Committee's decision-making. (Am.Compl. \u00b6\u00b6 20, 32; Particularized Req. Disc. Under Fed. R.Civ.P. 56(f) Re Count VII, docket no. 28, at 2.) Motzkin's claim is apparently that Klafter's role detracted from the impartiality of the proceedings. Again, there are several problems with this theory. First, there is no evidence that Klafter participated in the Hearing Committee's decision- making. To the contrary, each member of the Hearing Committee, and Klafter himself, has submitted an affidavit confirming that his duties were purely administrative. (Def.'s Resp.Exs. 1, 3, 4.) The Hearing Committee made all the decisions and Klafter merely reduced them to writing after the committee had communicated them to him and reported them to the parties and their counsel. (E.g., id. Ex. 1: Garland Aff. \u00b6\u00b6 7, 12.) [13] [14] Second, Motzkin seems to assume that, if Klafter or the Provost for whom he was an assistant had any role in investigating the underlying charges or recommending that they proceed to formal adjudication, Klafter would be disqualified from participating in the subsequent adjudication. But courts have repeatedly held in the administrative law context that it is not a violation of due process when persons much more involved in the investigative phase of a case than either Klafter or the Provost was participate directly in the adjudicative phase. See, e.g., Withrow v. Larkin, 421 U.S. 35, 46-55, 95 S. Ct. 1456, 1464-68, 43 L. Ed. 2d 712 (1975); Blinder, Robinson & Co. v. SEC, 837 F.2d 1099, 1104-08 (D.C.Cir.), cert. denied, 488 U.S. 869, 109 S. Ct. 177, 102 L. Ed. 2d 146 (1988). In the complete absence of any evidence of bias or partiality by Klafter, there is no reason to assume that Klafter's position as Assistant to the Provost, per se, would have rendered the proceedings unfair, even if Klafter, contrary to the evidence, had participated in decision- making. See Roland M. v. Concord Sch. Comm., 910 F.2d 983, 997-98 (1st Cir.1990), cert. denied, 499 U.S. 912, 111 S. Ct. 1122, 113 L. Ed. 2d 230 (1991); Greenberg v. Board of Governors of the Fed. Reserve Sys., 968 F.2d 164, 167-68 (2d Cir.1992) (although law clerk of administrative law judge had previously participated in investigation of case, judge not disqualified because law clerk played only ministerial role in adjudicatory process). There is a third problem with Motzkin's theory, but it relates only to one specific charge by Motzkin regarding Klafter's role. As he states in his affidavit, Klafter was dispatched by the Chairman of the Hearing Committee to interview a potential thirdparty *999 witness to determine whether the potential witness had any information that might be relevant to the pending charges. (Klafter Aff. \u00b6 8.) Klafter, accompanied by an attorney from BU's Office of General Counsel and a student complainant, interviewed the witness for this purpose and tape-recorded the interview, without an expectation that the witness would be unavailable to attend the hearing. (Id.) As it turned out, the witness was on a work release program from a Massachusetts correctional institution. (Id.) By the time he was to testify, his work release status had been revoked, and he had been reincarcerated in the correctional institution. (Id.) Thus, he could not attend the hearing. (Garland Aff. \u00b6 11.) The Hearing Committee offered Motzkin the option of convening the hearing at the correctional institution so that the witness's live testimony could be obtained, but Motzkin declined this offer. (Id.; Def.'s Resp.Ex. 2 at 2-3.) Consequently, the Hearing Committee decided to admit the tape-recorded interview, pursuant to clear Handbook authority. (Id.) Particularly where this decision was made only after Motzkin had declined an offer that would have enabled the witness to give live testimony and that would have fully preserved Motzkin's right of cross-examination, there was no deprivation of \"basic fairness.\" See Cloud v. Trustees of Boston Univ., 720 F.2d 721, 725 (1st Cir.1983). [15] To summarize, because Motzkin concedes that he can be terminated for cause and is unfit to do the job he was hired to perform, his complaints about procedural unfairness of the process by which determined that cause for termination existed are immaterial. Even if his charges were material, there was no breach of contract because BU's procedures were fundamentally fair and in substantial compliance with those prescribed in the Handbook. For these reasons recommend that Count be dismissed. Count Count of the amended complaint, entitled \"Wrongful Termination,\" consists of the following sentence: \"The University has wrongfully terminated the employment of Professor Motzkin.\" (Am.Compl. \u00b6 30.) Motzkin does not elaborate on or even mention this claim in any of his filings reasonably assumes in its supplementary memorandum that this count purports to state a claim under cases such as Fortune v. National Cash Register Co., 373 Mass. 96, 364 N.E.2d 1251 (1977) and Gram v. Liberty Mut. Ins. Co., 384 Mass. 659, 429 N.E.2d 21 (1981), which deal with the rights of at-will employees. As points out, however, Motzkin was not an at-will employee; he was an employee for a term of years who was terminated for cause. Moreover, there is no allegation that his termination was in violation of any public policy or in bad faith for the purpose of depriving him of compensation he had already earned. Therefore, the Fortune line of cases would seem to have no application here. Because there appears to be no other basis for a claim for \"wrongful termination,\" and because Motzkin has shed no light on the subject recommend dismissal of Count V. Count Count of the amended complaint is entitled \"Estoppel\" and appears to assert that is estopped to terminate Motzkin because, among other reasons, it did not promptly commence disciplinary hearings at the first sign of a problem. (Am.Comp. \u00b6 31.) This claim is clearly without merit. In order for there to be an estoppel, there must be some promise or representation by the party against whom the estoppel is asserted which induced reasonable, detrimental reliance by the person asserting the estoppel. Cadrin v. New England Tel. & Tel. Co., 828 F. Supp. 120, 122-23 (D.Mass.1993) (citations omitted); O'Blenes v. Zoning Bd. of Appeals, 397 Mass. 555, 492 N.E.2d 354, 356 (1986). Motzkin has neither pled any of these elements nor produced any evidence that made any promise or representation that Motzkin would not be held accountable for his alleged offensive behavior. To the contrary, on each occasion that became aware of a problem, it raised the matter with Motzkin and urged him to act appropriately. The fact that it did not bring formal charges against or formally reprimand him prior to 1993 is attributable to the unwillingness of any complainant to press formal charges until that time. (Def.'s Supplem.Mem. at 9.) *1000 Further, Motzkin cannot allege in good faith that he continued to engage in offensive conduct in reliance on the belief that had promised him or otherwise represented to him that he was free to do so. Finally, any reliance by Motzkin on such purported promise or representation that he could, with impunity, sexually harass students or sexually assault or harass faculty members would clearly be unreasonable as a matter of law. See, e.g., 20 U.S.C. \u00a7 1681 (1994); Lipsett, 864 F.2d at 896-901 therefore recommend that Count be dismissed. Count Count VII, entitled \"Violation of Fair Process Rights in the Internal Hearing,\" (Am. Compl. \u00b6\u00b6 32-33), merely restates the complaints regarding alleged procedural flaws that were addressed above in the discussion of the breach of contract count, Count IV. For the reasons stated in the above section, those allegations are meritless therefore recommend that Count be dismissed. Count Count is entitled \"Defamation,\" and consists solely of this sentence: \"The University defamed Plaintiff Motzkin and sought to cast him in a false light by filing as a public record in the Court confidential materials not subject to impoundment and by leaking distorted information to the press all causing great harm to the reputation and privacy of Professor Motzkin.\" (Id. \u00b6 34.) To the extent that Motzkin seeks to allege a cause of action for defamation based upon BU's public filings with this court, such claim is barred by the absolute privilege applicable to statements made in the course of litigation, as long as the statements, as they do here, pertain to that litigation. E.g., Correllas v. Viveiros, 410 Mass. 314, 572 N.E.2d 7, 10 (1991) (\"Statements made in the course of a judicial proceeding which pertain to that proceeding [16] are, of course, absolutely privileged and cannot support a claim of defamation, even if uttered with malice or in bad faith\"). With respect to the \"false light\" claim, Massachusetts has declined repeated invitations to recognize this tort. See, e.g Medical Lab., Inc. v Gen., Inc., 403 Mass. 779, 532 N.E.2d 675, 681 (1989), modified by United Truck Leasing Corp. v. Geltman, 406 Mass. 811, 551 N.E.2d 20, 23 (1990). Even if it were now inclined to do so, the tort of invasion of privacy by casting someone in a false light would no doubt be subject to the absolute privilege applicable to statements made in the course of judicial proceedings that pertain to that proceeding. See Correllas, 572 N.E.2d at 13 (claim for intentional infliction of emotional distress must fail if based on absolutely privileged statements, because \"[a] privilege which protected an individual from liability for defamation would be of little value if the individual were subject to liability under a different theory of tort therefore recommend that Count be dismissed For all the foregoing reasons recommend that summary judgment be granted to *1001 on all eight counts of the amended complaint The parties are hereby advised that under the provisions of Rule 3(b) of the Rules for United States Magistrates in the United States District Court for the District of Massachusetts, any party who objects to these proposed findings and recommendations must file a written objection thereto with the Clerk of this Court 10 of the party's receipt of this Report and Recommendation. The written objections must specifically identify the portion of the proposed findings, recommendations, or report to which objection is made and the basis for such objections. The parties are further advised that the United States Court of Appeals for this Circuit has indicated that failure to comply with this rule shall preclude further appellate review by the Court of Appeals of the District Court's order entered pursuant to this Report and Recommendation. See United States v. Valencia-Copete, 792 F.2d 4 (1st Cir.1986); Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d 603 (1st Cir.1980); United States v. Vega, 678 F.2d 376 (1st Cir.1982); Scott v. [17] Schweiker, 702 F.2d 13 (1st Cir.1983); see also Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466, 88 L. Ed. 2d 435 (1985 [1] For reasons stated in a separate Memorandum and Order issued this date, Motzkin's related (but non-dispositive) motions for discovery pursuant to Fed.R.Civ.P. 56(f) and for leave to file a second amended complaint are denied. [2] By their terms, the Policy and the Handbook policies and procedures are not mutually exclusive, and there is nothing in the record that suggests that they are. Therefore could presumably have proceeded against Motzkin directly under the Handbook procedures, bypassing the Policy entirely. [3] The Handbook neither states nor implies that the President has the right to substitute his or her findings for those of the committee or to recommend to the Trustees that a faculty member be disciplined in a case in which the committee, for whatever reason, did not make such recommendation. Further, it would not make sense in the context of the elaborate hearing structure mandated by the Handbook to find such right by implication. It thus appears that the President and, ultimately, the Trustees act in effect as a board of clemency, with power to reject the committee's recommendation, if any, that the faculty member be disciplined, but without independent authority to impose discipline if the committee has not made such recommendation. Although, for reasons discussed below need not reach the question in this case of the weight to be given to the committee's findings or the Trustees' decision, it should be noted that these procedures differ in material respects from those involved in McConnell v. Howard Univ., 818 F.2d 58, 62, 67- 70 (D.C.Cir.1987) (because university board of trustees was not bound by decision of faculty hearing committee in favor of tenured faculty member, court declined to give any effect either to findings of hearing committee or to decision by board of trustees to overrule those findings and impose discipline). [4] In her opposition to the present motion, Motzkin's counsel states, \"Professor Motzkin, on advice of counsel, could not testify to define the factual disputes leaving his factual story to be told in this lawsuit.\" (Pl.'s Opp'n at 3 n. 5. (emphasis added).) No explanation is given and there appears to be no basis for the assertion that Motzkin \"could\" not testify. As discussed below, however, all this is immaterial in light of Motzkin's concession that he is unfit to teach. [5] Title of the deals with discrimination with respect to public accommodations. The original complaint did not include a claim under Title I, which deals with employment discrimination. [6] The eight counts were as follows: discrimination on the basis of disability in violation of Title of the (Count I), of the Rehabilitation Act (Count II), and of Title of the (Count III); breach of contract (Count IV); wrongful termination (Count V); estoppel (Count VI); violation of fair process rights in the internal termination hearing (Count VII); and defamation (Count VIII). [7] Motzkin's amended complaint does not include a claim under state law for discrimination on the basis of disability. [8] Because the and the Rehabilitation Act contain similar language, courts have applied decisions based on the Rehabilitation Act to interpret the ADA. Larkins v Vision Corp., 858 F. Supp. 1572, 1583 n. 4 (N.D.Ga.1994); see also Parker v. Metropolitan Life Ins. Co., 875 F. Supp. 1321, 1325 (W.D.Tenn.1995 case noting that analysis under prior Rehabilitation Act case is instructive because provisions are to be construed consistently with similar Rehabilitation Act requirements). [9] The court expresses no opinion about whether teaching is an \"essential function\" of even non-specially appointed faculty members, other than to say that it would be surprising if it were not. [10] Motzkin contends, and does not deny, that is a place of public accommodation. See 42 U.S.C. \u00a7 12181(7) (J) (including undergraduate and postgraduate schools and other places of education as public accommodations, provided that their operations affect commerce). [11] In addition, the Regulations to Implement the Equal Employment Provisions of the specifically state that their purpose is \"to implement title of the [ADA], requiring equal employment opportunities for qualified individuals with disabilities,\" and several other sections, none of which sections is located in Title III. See 29 C.F.R. \u00a7 1630.1(a). [12] In fact, Motzkin concedes, as he must, that his incorporation claim must fail if his claims lack merit. (Tr. at 64-65.) Since have concluded for reasons already stated that Motzkin's claims lack merit will give no further consideration to this aspect of Motzkin's breach of contract claim. [13] As noted, the Provost gave Motzkin an additional fourteen days to respond to the faculty member's complaint, and Motzkin does not contend that this was inadequate. Nor does Motzkin suggest that the ad hoc committee's failure to consider the faculty member's complaint deprived him of an opportunity to settle it before the Hearing Committee considered it. Indeed, Motzkin could have attempted to settle that complaint in the additional fourteen days afforded to him for preparation. [14] One of Motzkin's motions for discovery pursuant to Fed.R.Civ.P. 56(f) sought discovery regarding Klafter's role. (Docket no. 28.) For reasons set forth in a separate Memorandum and Order issued this date, this motion is denied. [15] As has pointed out, all the faculty members on the Hearing Committee were themselves employees of BU, and, in that sense, they would all equally be vulnerable to the charge that they might be subject to undue influence. In the absence of any evidence that might have attempted to exert undue influence or that any member of the Hearing Committee might have succumbed to it or was otherwise biased, the faculty members' employee status, per se, would surely not be a basis for disqualification. See Greenberg, 968 F.2d at 167 (fact that administrative law judges are employees of agency whose actions they review is not a basis for disqualification). If it were, a procedure that was clearly designed to protect the accused faculty member by inserting a committee of his or her peers as a buffer between him or her and the administration could never serve its beneficial purpose. [16] Count is the subject of Motzkin's motion to amend. By separate Memorandum and Order entered this date, Motzkin's motion is denied. [17] Motzkin did not move to place the allegedly offending materials under seal. Had he done so, it is unlikely that the court would have granted such motion, assuming that it even would have had any discretion in the matter. See Anderson v. Cryovac, Inc., 805 F.2d 1, 11 (1st Cir.1986) (suggesting that there may be a \"right of public access to documents considered in rulings on dispositive pretrial motions,\" and citing Second and Seventh Circuit decisions recognizing such right). In any event, despite Motzkin's unsubstantiated claims to the contrary, the information was surely not confidential, since (1) the Handbook expressly provides that \"[a]nnouncement of the Trustees' final decision shall include a statement of the Hearing Committee's findings, if this has not previously been made known\" (Handbook at 69), and (2) this Report and Recommendation, which necessarily includes a statement of the reasons for my recommendation, is and must be a public document. In addition, before filed the allegedly offending materials, one of the complaining students disclosed detailed information to the press, (Klafter Aff. \u00b6\u00b6 14-16), and Motzkin himself gave a detailed account of the situation from his perspective to an Israeli news reporter for publication in an Israeli news magazine. (Def.'s Resp.Ex. 5: Elswit Aff. \u00b6\u00b6 7-8 and attached article dated 4/2/95, the title of which was translated as Kept My Hands to Myself.\") 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.", "7244_102.pdf": "News Published Apr 16, 1995 at 8:00 Updated Mar 13, 2010 at 9:25 New Defense 0 victim chic. Boston University has fired a 60-year-old professor for allegedly sexually assaulting a faculty member and sexually harassing three students. But the prof, Aryeh Motzkin, not only denies the charges, he's suing for discrimination. Motzkin claims he's mentally handicapped, and that the medication he took (including tranquilizers and antidepressants) loosened his inhibitions. Motzkin says should have helped him cope with his handicap under the Americans With Disabilities Act says he never asked for aid -or mentioned his disability -until it was too late. 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8,962 | Daniel Wright | Florida International University | [
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] | {"8962_101.pdf": "professor was investigated at prior university for sexual harassment By Lorraine Longhi Las Vegas Review-Journal August 26, 2022 - 11:57 am Don't miss the big stories. Like us on Facebook. Like 349K professor who was investigated a decade ago for sexual harassment and fostering a hostile work environment at a Florida university is now an endowed chair in UNLV\u2019s College of Education. \uf09a \uf0e0 Listen to this article now -12:28 Presented by The Maryland Parkway entrance to (Las Vegas Review-Journal) Daniel Wright was the director of the legal psychology program at Florida International University in 2012 when he was investigated for making sexually inappropriate comments, stalking women in his department and creating an intimidating work environment for women, according to records provided to the Las Vegas Review-Journal by the university. Interviews with approximately 10 people revealed \u201ca level of inappropriate behavior and lack of professional judgment, involving women, that rises to the level of harassment based on their gender,\u201d the investigation found. Wright told the Review-Journal that he couldn\u2019t speak to the specifics of the investigation and that he was told by that he shouldn\u2019t discuss it. \u201cThat was a number of years ago,\u201d he said. \u201cI\u2019m trying to get on with my life.\u201d On Friday, a spokesperson for provided documents showing that Wright had resigned from his position with the university as of April 27, 2012, almost three months after the investigation took place. Wright is now a professor and Dunn Family Endowed Chair in educational assessment at UNLV, which will welcome back students for the start of the fall semester on Monday. After being asked if was aware of the investigation into Wright, a spokesperson said in a written statement Thursday that the university can only access personnel files during the hiring process for employees within the Nevada System of Higher Education and its institutions. The statement said Wright joined in the summer of 2019. The Review-Journal spoke with two women who were interviewed for the Florida investigation, as well as a former male graduate student who said he witnessed Wright\u2019s behavior. The allegations Approximately 10 people, including men, women, faculty and current and former graduate students, were interviewed for the investigation in 2012. Most of their names were redacted in the report. Wright was involved with dissertation and thesis committees and had voting status regarding tenure at the time, according to the report. Testimony from witnesses revealed a \u201cpattern of sexually inappropriate comments and behavior spanning over time,\u201d the report found. Wright\u2019s behavior in the workplace, according to witness accounts outlined in the report, included: \u2014 Making references to his penis. \u2014 Making comments about two graduate students being together sexually, telling one female graduate student that he had a sexual dream about her, or saying he had imagined one witness in a lingerie pillow fight. \u2014 Texting women for inappropriate and non-work-related reasons, like saying he was thinking of them. \u2014 Constantly interrupting women while they were working in their offices or repeatedly inviting them out for lunch or coffee, with witnesses stating that Wright \u201cdoes not take \u2018no\u2019 for an answer.\u201d \u2014 Touching women without their permission, including by putting his hand on their waists or the smalls of their backs, or by putting his arm around their shoulders. Witnesses also stated that Wright would attempt to get certain female graduate students alone with him, a tactic that one former male graduate student dubbed the \u201cDirty Dan Trick,\u201d according to the report. At the time of the report, Wright denied the allegations of sexual harassment, specifically denying that he touched women without their consent, texted inappropriate messages to them, imagined them in sexual situations, told students that he was well endowed or constantly interrupted them while they were trying to work. According to the report, Wright\u2019s behavior prompted women in the department to make changes to their own behavior to avoid him, going to lengths like taking different routes to meetings, working from home and parking in areas where they knew he wouldn\u2019t park his car. One woman said that if she heard steps near her office, she would stop typing so that no one knew she was in the office, in case it was Wright sneak in my office and turn my key as quietly as possible so that he doesn\u2019t hear me come in,\u201d the report quoted one woman as saying few days in the summer tried not wearing heels so my footsteps couldn\u2019t be heard,\u201d one recalled woman who was interviewed for the report and who spoke to the Review- Journal on condition of anonymity said she experienced so many interruptions and invitations for coffee from Wright that it cut her work time in half. The woman requested she not be identified for fear of retaliation from Wright. The woman said that if she declined an invitation from Wright, he would reply that \u201c\u2018relationships are important in academic environments.\u2019\u201d \u201cHe would kind of imply that he had power over me,\u201d she said. \u201cHe monopolized my time, and we were there for his entertainment.\u201d Shari Schwartz, a former graduate student who was interviewed for the report, told the Review-Journal that she was never sexually harassed by Wright but witnessed his behavior and interruptions during her time in the legal psychology department. Schwartz described the dynamic between Wright and his students as akin to \u201ca king and his subjects.\u201d \u201cYou\u2019ll entertain me until decide you\u2019re done for the day,\u201d she said, describing his behavior would stop going in don\u2019t have time for the Daniel Wright show.\u201d Ultimately, the university found that Wright\u2019s comments, invitations and behavior unreasonably interfered with the work of the women in the legal psychology program and that there was no evidence that Wright exhibited the same behavior toward men in the program. \u201cThe more frequent the conduct the less severe it needs to be to create a hostile work environment,\u201d the report states. \u201cDr. Wright\u2019s numerous invitations, unwanted touching, constant interruptions, intimidating and inappropriate comments over the span of several years and involving numerous women show pervasiveness in his actions.\u201d Wright repeatedly told the Review-Journal he could not address the report\u2019s specific findings. He also would not say whether he appealed the findings. \u201cIt just wasn\u2019t a pleasant place to be at for me, and perhaps for other people,\u201d he said. In response to a question about whether Wright had appealed the findings, an spokesperson said in a written statement on Friday that the university did not have responsive documents. Wright\u2019s departure from Citing the apprehension and fear that Wright\u2019s behavior created for the women involved and his position of authority, the university\u2019s Office of Equal Opportunity Programs and Diversity recommended in its report that Wright be terminated from employment at FIU. But that didn\u2019t happen. Instead, Schwartz said, she was told that Wright would be transferred to a different campus. Schwartz also said she had warned the director of her program against hiring Wright in the first place, after hearing stories about his behavior. Following the investigation, and upon learning of Wright\u2019s transfer, Schwartz said she and several other women spoke with the university\u2019s general counsel and told her that Wright\u2019s continued employment was a \u201clawsuit waiting to happen\u201d for the university never imagined that was like the Catholic Church,\u201d Schwartz said. \u201cYou just move the problem from one place to another and just hope it doesn\u2019t rear its ugly head.\u201d Shortly after her conversation with the university\u2019s lawyer, Schwartz said, Wright separated from the university. She said her understanding was that it was a \u201cmutual agreement.\u201d Wright said he continued to work in the same office following the investigation but left the university shortly after. \u201cMy view then was didn\u2019t want to be at a place where wasn\u2019t wanted,\u201d he said. Sexual harassment in academia Schwartz said she felt some level of relief following Wright\u2019s departure from but called it frustrating that he wasn\u2019t ultimately fired. \u201cIt really makes you walk away and say, \u2018What does somebody actually have to do?\u2019\u201d she asked. \u201cDid somebody actually need to be sexually assaulted or worse to take action 2018 report from the National Academies of Sciences, Engineering, and Medicine that examined the impact of sexual harassment in academia found that more than 50 percent of female faculty and staff and 20 to 50 percent of female students have encountered or experienced sexual harassment. Women in science, engineering and medicine are at higher risk of experiencing sexual harassment because of the male-dominated environment and the organizational failure to take complaints seriously, sanction the perpetrators and protect the people filing the complaints, according to the report. The cumulative effect of sexual harassment was a \u201ccostly loss of talent\u201d in the fields of academic science, engineering and medicine. \u201cWomen faculty in science, engineering, and medicine who experience sexual harassment report three common professional outcomes: stepping down from leadership opportunities to avoid the perpetrator, leaving their institution, and leaving their field altogether,\u201d the report found. Similar sentiments were echoed by the women from who were interviewed as part of the investigation into Wright. Some of them reported feeling trapped in the department and indicated that having to modify their behavior had affected relationships with their colleagues. Some women said they removed themselves from working on academic publications with Wright as a result of his behavior, according to the report. Schwartz acknowledged that she was able to have her work published in high- impact academic journals as a result of Wright serving as her master\u2019s thesis adviser. \u201cOn one hand, he helped me further myself along as an academic,\u201d she said. \u201cThis is part of the predatory behavior in my perspective. That\u2019s how you make people beholden to you.\u201d She described the culture of academia, and in particular the tenure system \u2014 where college educators receive greater job security \u2014 as an antiquated, elitist mechanism that shelters people like Wright. When asked if the report changed the way he conducts himself in professional settings, Wright said, \u201cI\u2019ve learned from all experiences I\u2019ve had.\u201d \u201cAs each year passes think I\u2019m a better person,\u201d he said did not answer questions about what happens with investigations of sexual harassment once they are completed, or if it had changed its policies related to sexual harassment following the investigation into Wright. In January, FIU\u2019s then-president, Mark Rosenberg, abruptly resigned after an employee in her 20s said Rosenberg had been harassing her for months, according to reporting from the Miami Herald. The 2018 report on sexual harassment in academia highlighted several solutions for universities to tackle sexual harassment, including enacting policies that specifically cover gender harassment, increasing transparency about how they are handling reports of sexual harassment, and providing more support for people to come forward. \u201cInstitutions can take concrete steps to reduce sexual harassment by making systemwide changes that demonstrate how seriously they take this issue and that reflect that they are listening to those who courageously speak up to report their sexual harassment experiences,\u201d the report\u2019s authors wrote. In Thursday\u2019s statement, the spokesperson said the university does not comment on details that would be a part of an employee\u2019s confidential personnel record. But for the woman granted anonymity by the Review-Journal, FIU\u2019s investigation into Wright showed just how many women had been affected by his behavior. She said she came to understand that women deserve to be comfortable at work and have the right to control their own time think that he took that away from many women there,\u201d she said. Contact Lorraine Longhi at 702-387-5298 or [email protected]. Follow her at @lolonghi on Twitter Son of \u2018Pawn Stars\u2019 star Rick Harrison dies at age 39 What\u2019s behind the rise in vehicles with expired temporary license plates on Nevada roads? 3 ways can make sure it hires the right basketball coach Ex-basketball coach at Henderson Christian school accused of sexual relationship with student under investigation for use of \u2018racial preferences\u2019 in educational activities charge dropped for man accused of killing Vegas mom of 4, records show", "8962_102.pdf": "Expert faces axe from charity advisory board over historical sexual harassment claims 08 May 2023 by Russell Hargrave Daniel Wright was the subject of a 2012 investigation in the United States charity plans to remove a member of its advisory board and report itself to the regulator after learning that the man had previously been investigated over sexual harassment 2012 investigation into Daniel Wright, an advisor to the British False Memory Society, found that his behaviour towards women \u201crises to the level of harassment\u201d, according to reports. (Photograph: Pixlr) Wright has sat on the charity\u2019s advisory board since 2004. He did not respond to an email requesting comment on the decision. Journalists in the uncovered the findings last year said it \u201cknew nothing\u201d about the investigation until last week and would remove Wright from its list of advisors. Two years ago the charity removed another advisor from the board after it emerged he had a conviction for sex offences said it was also going to report the situation with Wright to the Charity Commission as a serious incident. Las Vegas Review-Journal reported last August that Wright was investigated after allegations that he had made sexually inappropriate comments and stalked women in his department while working at Florida International University. The investigation interviewed about 10 people and identified \u201ca level of inappropriate behaviour and lack of professional judgement, involving women, that rises to the level of harassment based on their gender\u201d, the Review-Journal said. It reported that Wright left the job a few months after the investigation concluded. The work of the includes producing research into the issue of false memory, which means it often looks at cases where alleged victims and perpetrators contest historical sexual allegations. Kevin Felstead, the charity\u2019s chief executive, said the news was \u201ca total shock\u201d. He said that, since joining in 2014 have never had any contact with Dan Wright whatsoever. No email, no verbal contact, nothing at all.\u201d Felstead added: \u201cOf course we don\u2019t stand by him. Of course we don\u2019t support his behaviour in any way, shape or form.\u201d The charity will \u201ctake some sanctions. It is inevitable that we will have to remove him from the advisory board,\u201d he said. Felstead said the charity would also file a serious incident report with the Charity Commission. Topics Share this article Related Articles More on this Topic Have you registered with us yet? Register now to enjoy more articles and free email bulletins \uf09a \uf0e1 Urgent review launched as Mermaids report reveals \u2018oppression\u2019 of staff \uf054 Third Sector\u2019s most-read stories of 2022 \uf054 Faith charity tried to cover up sexual harassment by sending accused priest abroad, tribunal hears \uf054 Dozens of jobs at risk as care home set to close \uf054 The essential stories from the past week \uf054 Nursing charity pledges to improve culture after review uncovered bullying and racism \uf054 Civil society covenant needs to be a \u2018cross-party endeavour\u2019, event told \uf054 Funders urged to support large-scale marketing of volunteering \uf054 Register Already registered? Sign in \u00a9 Haymarket Media Group Ltd.", "8962_103.pdf": "Francine Frazier, Senior digital producer Scott Johnson, Reporter/weekend anchor Published: June 16, 2014 at 11:23 Tags: Local, News Sign up for our Newsletters Sign Up 1 Man shot in foot after trying to break up argument in Jacksonville hotel room 2 Search underway for missing boaters after boat capsized in St. Johns River 2 March Madness excitement fills Sneakers Sports Grille 6 Enter your email Jacksonville-based space company takes major step toward building in-space 4 Spring into savings for home, style and relaxation with these Insider Deals King sheets, commoner prices: 69% off bamboo-blend sheet set Jacksonville Community Events Fernandina Beach teacher arrested, charged with sexual misconduct BEACH, Fla Fernandina Beach teacher was arrested Monday after confessing to detectives about an inappropriate relationship with a 17-year-old high school senior during the past school year, according to the Fernandina Beach Police Department. Daniel Wright, 32, was charged with a sex offense involving a minor and is currently in custody at the Nassau County Jail. Wright (pictured below) has been a production and digital design teacher at Fernandina Beach High School for the past two years and formerly taught at Hilliard High School. Sat, Mar 22 Jacksonville Icemen v South Carolina Stingrays VyStar Veterans Memorial Arena Learn More See All Events Add Event 22 High School teacher arrest 13 High School teacher Documents detail\u2026 Fernandina Beach\u2026 Varsity 4 Highlights:\u2026 Teacher arrested for\u2026 The student in question has since graduated from high school and is now an adult, police said. Parents were shocked when they learned of the arrest think it's disgusting,\" said Pam Galvan. \"People like doctors or priests, once you're in a profession like that when you have authority over a child, you can't cross (those) moral lines.\" According to court documents, the Fernandina Beach police initially investigated a rumor of an inappropriate relationship between Wright and the student in April parent of two Fernandina Beach High students had reported to the police that his children had, on separate occasions, heard a rumor of an inappropriate relationship between Wright and the student. The detective's investigation in April, which included interviews with Wright and the student, did not uncover any additional evidence or information that would warrant an arrest. According to the court documents, last week, Wright's wife and sister-in-law, who is also a teacher at Fernandina Beach High, reported additional information to the about the relationship between Wright and the student former student's mother had told Wright's sister-in-law that she had recently seen Wright and the student together in Wright's vehicle. The sister-in-law told Wright's wife, who confronted Wright, and he confessed to having a relationship with the student. Fernandina Beach Police Department booking photo of Daniel Wright Wright admitted the relationship included sexual activity but said that that had not occurred until after the student's 18th birthday. According to the court documents, Wright's wife confronted the student by phone, and the student confessed she had been involved in a sexual relationship with Wright since February. Police interviewed the student, who confirmed the relationship and stated at least two sexual encounters with Wright occurred before her 18th birthday. She said the relationship continued after her high school graduation and 18th birthday. On Monday, Wright voluntarily went to the FBPD, where he explained his involvement in the alleged relationship, according to the court documents. Wright initially denied a sexual relationship with the student occurred before her 18th birthday, but he later admitted to one sexual encounter before the student's 18th birthday, according to the court documents. Copyright 2014 by News4Jax.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed."} |
8,576 | David Wiley | Texas State University | [
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] | {"8576_101.pdf": "File image of Texas State University Austin) Saying they uncovered evidence of sexual misconduct, Texas State University is cutting ties with one of its professors. On Thursday, the Texas State University System Board of Regents voted to fire Dr. David Wiley. The vote also stripped the former professor of his tenure. The decision follows a year-long investigation. Court documents reveal female staff claimed Wiley sexually harassed them for more than ten years. Full statement from the university: On February 13, 2020, the Texas State University System Board of Regents voted to approve the Texas State University President's May 2, 2019, affirmation of a faculty Hearing Tribunal's adverse findings of sexual misconduct and recommended sanction of Dr. David Wiley. The Board of Regents also approved the President's Texas State University professor fired over sexual misconduct allegations by AustinThu, February 13th 2020 at 9:17 Save Story Share College Republicans president resigns after calling Barron Trump 'oddity on campus' October 2, 2019, decision to revoke the tenure and terminate the employment of Dr. Wiley, following a second faculty Hearing Tribunal's findings of sexual misconduct and recommendation to revoke Dr. Wiley's tenure and terminate his employment with Texas State University. The above-referenced two hearings \u2013 conducted by separate hearing tribunals, each consisting of five tenured full professors \u2013 were part of a multi-step, formal process used to adjudicate such complaints. Due to a pending matter before a regulatory agency, the university is unable to provide additional information at this time.", "8576_102.pdf": "1 WILEY, \u00a7 \u00a7 Plaintiff, \u00a7 \u00a7 v. \u00a7 1:18-CV-930 \u00a7 WATKINS, and \u00a7 MAZZANTINI, \u00a7 \u00a7 Defendants Before the Court is a Motion to Dismiss filed on November 29, 2018, by Defendants Texas State University System (\u201cTSUS\u201d), Texas State University (\u201cthe University\u201d), Vincent Luizzi (\u201cLuizzi\u201d), Karen Meaney (\u201cMeany\u201d), Ann Watkins (\u201cWatkins\u201d), and Charmaine Mazzantini (\u201cMazzatini\u201d) (collectively, \u201cDefendants\u201d). (Dkt. 30). Plaintiff David Wiley (\u201cWiley\u201d) filed a response, (Dkt. 33), and Defendants filed a reply, (Dkt. 34). Having considered the parties\u2019 submissions, the record, and the relevant law, the Court will grant Defendants\u2019 motion Wiley is a tenured professor at Texas State University who is currently on administrative leave after four university employees alleged that he sexually harassed them over a period of years. (See 2d Am. Compl., Dkt. 14). Wiley asserts that the University\u2019s administrative procedures to investigate and resolve the allegations violate his due process rights under the Fourteenth Amendment to the United States Constitution and Title of the Education Amendments Act of 1972, 20 U.S.C. \u00a7 1681, et. seq. (\u201cTitle IX\u201d). (Id. at 18\u201328). Wiley also asserts claims under Title Case 1:18-cv-00930 Document 44 Filed 01/24/19 Page 1 of 12 2 for selective enforcement, sexual harassment, and sex discrimination, and state law claims that individual defendants acted ultra vires and tortiously interfered with his contract with the University. (Not. Removal, Dkt. 1; 2d Am. Compl., Dkt. 14). Wiley\u2019s claims against the individual defendants are against them in their official capacities: Luizzi, as Interim Title Coordinator; Meaney, as Department Chair in the Health and Human Performance Department at Texas State University; Watkins, as head of the Due Process Hearing tribunal; and Mazzantini, as counsel for Texas State University. (2d Am. Compl., Dkt. 14, at 2\u20133). Wiley seeks monetary damages and injunctive and declaratory relief. (Id. at 1). Wiley bases these claims on the following allegations. On March 27, 2018, the Dean of Texas State University advised Wiley that the Title office had concluded four investigations into sexual misconduct allegations against him. (Carpenter Letter, Dkt. 14-4, at 40; see also Reports on Allegations of Sexual Harassment, Dkt. 14-4, at 41\u201393). Dean Carpenter advised Wiley that the recommended sanction was termination. (Id.). Wiley alleges that the Title investigation findings were premature and based on \u201cthinly-supported reports,\u201d and that the investigation was in fact a pretext to terminate Wiley in \u201cretaliation for operational disagreements\u201d with Department Chair Karen Meany. (2d Am. Compl., Dkt. 14, at 4). Wiley alleges that Meany, acting as Department Chair, has biased the Title investigation because she served as a witness in all four investigations, and helped to identify various witnesses to support the complainants\u2019 allegations during the Title investigation. (Id. at 16). Because Wiley has tenure, he is entitled to a Faculty Due Process Hearing (\u201cDue Process Hearing\u201d) to appeal the investigation findings and the recommended sanction. (Report on Allegations of Sexual Harassment, Dkt. 14-4, at 53). The Due Process Hearing \u201creview[s] the investigation and the appropriateness of the Sanction for significant procedural errors or Case 1:18-cv-00930 Document 44 Filed 01/24/19 Page 2 of 12 3 omissions.\u201d1 (Id.). On April 6, 2018, Wiley appealed, and the University appointed a tribunal for a Due Process Hearing. (2d Am. Compl, Dkt. 14, at 4). Wiley alleges that the proceedings thus far have failed to meet constitutional due process standards. Specifically, he alleges that the University did not give him an opportunity \u201cto submit comments regarding the allegations\u201d before concluding the investigation and issuing a report. (Id. at 6). Wiley states that the University has withheld access to his email account and withheld documents relevant to his self-defense. (Id. at 5\u20136). Wiley states that since March 2018, he has repeatedly requested certain evidence but only received a portion of the materials he believes to be relevant. (Id. at 6). He also requested records through the Texas Public Information Act (\u201cTPIA\u201d), but these requests \u201cyielded equally unsuccessful results.\u201d2 (Id.). Wiley alleges that when he was first informed of the investigation findings and recommended sanction, he was not given a copy of the report. (Id.). He has since received a copy. (Id. at 5). Additionally, Wiley states that although the deadline to exchange evidentiary materials for the Due Process Hearing has passed, Mazzantini has not disclosed the questions she plans to ask witnesses. (Id.). He also contends that one individual who filed a complaint against him was an specialist and may have had access to his email account. (Id. at 7). He alleges that the University \u201ccontinues to withhold relevant evidence\u201d and engage in 1 The Due Process Hearing tribunal then issues a recommendation to \u201capprove, reject, modify, or remand the Finding and/or Sanction,\u201d which is forwarded to the University President. (Report on Allegations of Sexual Harassment, Dkt. 14-4, at 53). \u201cWhen the President finds substantial doubt about the thoroughness, fairness, and/or impartiality of the investigation or determines there is insufficient evidence to support the recommended Finding, he or she may remand the matter to the Title Coordinator for further investigation and/or other action, or may reject the recommended Finding(s) or Sanction(s).\u201d (Id. at 53\u201354). The President ultimately issues a written, final decision. (Id. at 54). 2 The Open Records Division of the Attorney General\u2019s Office issued a letter ruling to Texas State University on October 15, 2018, which advised the University that it must withhold certain material related to the investigations pursuant to common-law privacy law and the holding in Morales v. Ellen, 840 S.W.2d 519 (Tex. App.\u2014El Paso 1992, writ denied). (Letter Ruling of Oct. 15, 2018, Dkt. 14-3, at 43). The letter ruling advised that the University must release all other materials under request, other than materials subject to privilege or copyright, and only with appropriate redactions under the Family Educational Rights and Privacy Act (\u201cFERPA\u201d), 20 U.S.C. \u00a7 1232g(a)(1)(A). (Id. at 39, 43). Case 1:18-cv-00930 Document 44 Filed 01/24/19 Page 3 of 12 4 \u201cdilatory tactics.\u201d (Id. at 9). He submits that he cannot adequately prepare for the Due Process Hearing. (Id.). As of the date of this order, the Due Process Hearing has not taken place. The hearing was initially set for September 7, 2018. (Id. at 6). The parties agreed to reset the hearing for October 17, 2018. (Id.). Before the hearing took place, on October 10, 2018, Wiley filed this action in the 274th Judicial District Court of Hays County, Texas, as Cause No. 18-2329. (Not. Removal, Dkt. 1, at 2). The Hays County court entered a temporary restraining order (\u201cTRO\u201d) enjoining the Due Process Hearing pending a hearing on Wiley\u2019s motion for preliminary injunction. (Hays County TRO, Dkt. 14-3, at 34\u201335). Defendants removed to federal court on October 29, 2018. (Not. Removal, Dkt. 1, at 1). On November 15, 2018, Wiley filed a motion for a and preliminary injunction, seeking to postpone the Due Process Hearing until this Court hears his motion for a preliminary injunction or the merits of his case. (Mot & Prelim. Inj., Dkt. 16). This Court declined to enter a TRO, finding no substantial risk of imminent, irreparable harm, and set a hearing on the motion for a preliminary injunction. (Order Denying TRO, Dkt. 23). On January 16, 2019, the Court held a hearing on the motion for a preliminary injunction, which remains pending. On November 29, 2018, Defendants filed a motion to dismiss Wiley\u2019s claims under Federal Rule of Procedure 12(b)(1) and 12(b)(6), asserting that his claims are unripe and fail to state claims upon relief may be granted. (Mot. Dismiss, Dkt. 30). The Court now turns to that motion A. Lack of Subject Matter Jurisdiction Under Rule 12(b)(1) Under Rule 12(b)(1), a court may dismiss a complaint for \u201clack of subject-matter jurisdiction.\u201d Fed. R. Civ. P. 12(b)(1 case is properly dismissed for lack of subject matter jurisdiction when the court lacks \u201cthe statutory or constitutional power to adjudicate the case.\u201d Home Case 1:18-cv-00930 Document 44 Filed 01/24/19 Page 4 of 12 5 Builders Ass\u2019n of Miss., Inc. v. City of Madison, Miss., 143 F.3d 1006, 1010 (5th Cir. 1998). The court may \u201cweigh the evidence and satisfy itself\u201d that subject matter jurisdiction exists. MDPhysicians & Assocs., Inc. v. State Bd. Of Ins., 957 F.2d 178, 181 (5th Cir. 1992) (quoting Williamson v. Tucker, 645 F.2d 404, 413 (5th Cir. 1981)). The court may dismiss a complaint for lack of jurisdiction based on: (1) the face of the complaint; (2) the complaint supplemented by undisputed facts from the record; and (3) the complaint supplemented by undisputed facts and the court\u2019s resolution of disputed facts. Montez v. Dep\u2019t of Navy, 392 F.3d 147, 149 (5th Cir. 2004). The party asserting jurisdiction bears the burden of proof. Ramming v. United States, 281 F.3d 158, 161 (5th Cir. 2001). Dismissal of a plaintiff\u2019s case under 12(b)(1) is not a determination on the merits and does not prevent a plaintiff from pursuing a claim in a court that has proper jurisdiction. Id court should grant a 12(b)(1) motion to dismiss only if it appears certain that the plaintiff cannot prove any set of facts that would entitle him to recovery. Morris v. Thompson, 852 F.3d 416, 419 (5th Cir. 2017). Ripeness is \u201ca constitutional prerequisite to the exercise of jurisdiction.\u201d Shields v. Norton, 289 F. 3d 832, 835 (5th Cir. 2002); see also Sommers Drug Stores Co. Employee Profit Sharing Trust v. Corrigan, 883 F.2d 345, 348 (5th Cir. 1989 court should dismiss a case for lack of \u2018ripeness\u2019 when the case is abstract or hypothetical.\u201d Lower Colo. River Auth. v. Papalote Creek II, LLC, 858 F.3d 916, 924 (5th Cir. 2017), cert. denied, 138 S. Ct. 747 (2018) (quoting New Orleans Pub. Serv., Inc. v. Council of New Orleans, 833 F.2d 583, 586 (5th Cir. 1987)). \u201cTo determine if a case is ripe for adjudication, a court must evaluate (1) the fitness of the issues for judicial decision, and (2) the hardship to the parties of withholding court consideration.\u201d Texas v. United States, 497 F.3d 491, 498 (5th Cir. 2007) (cleaned up). \u201cThe fitness and hardship prongs must be balanced.\u201d Id. (citing Am. Forest & Paper Ass\u2019n v. EPA, 137 F.3d 291, 296 (5th Cir. 1998)). Regarding fitness for adjudication, \u201c[a] case is generally ripe if any remaining questions are purely legal ones; conversely, a case is not ripe if further factual development is required.\u201d New Orleans, 833 F.2d at 587 (citing Thomas v. Union Carbide Agric. Prods. Case 1:18-cv-00930 Document 44 Filed 01/24/19 Page 5 of 12 6 Co., 473 U.S. 568, 581 (1985 claim is not ripe for adjudication if it rests upon \u2018contingent future events that may not occur as anticipated, or indeed may not occur at all.\u2019\u201d Texas, 523 U.S. at 300 (quoting Thomas, 473 U.S. at 580\u201381). Regarding the hardship analysis, \u201c[t]he Supreme Court has found hardship to inhere in legal harms, such as the harmful creation of legal rights or obligations; practical harms on the interests advanced by the party seeking relief; and the harm of being forced . . . to modify one\u2019s behavior in order to avoid future adverse consequences.\u201d Choice Inc. of Tex. v. Greenstein, 691 F.3d 710, 715 (5th Cir. 2012). B. Failure to State a Claim Under Rule 12(b)(6) Pursuant to Rule 12(b)(6), a court may dismiss a complaint for \u201cfailure to state a claim upon which relief can be granted.\u201d Fed. R. Civ. P. 12(b)(6). In deciding a 12(b)(6) motion, a \u201ccourt accepts \u2018all well-pleaded facts as true, viewing them in the light most favorable to the plaintiff.\u2019\u201d In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir. 2007) (quoting Martin K. Eby Constr. Co. v. Dall. Area Rapid Transit, 369 F.3d 464, 467 (5th Cir. 2004)). \u201cTo survive a Rule 12(b)(6) motion to dismiss, a complaint \u2018does not need detailed factual allegations,\u2019 but must provide the [plaintiffs\u2019] grounds for entitlement to relief\u2014including factual allegations that when assumed to be true \u2018raise a right to relief above the speculative level.\u2019\u201d Cuvillier v. Taylor, 503 F.3d 397, 401 (5th Cir. 2007) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). That is, \u201ca 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 (2009) (quoting Twombly, 550 U.S. at 570 claim has facial plausibility \u201cwhen the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.\u201d Id. \u201cThe tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.\u201d Id. Generally, a court ruling on a 12(b)(6) motion may rely Case 1:18-cv-00930 Document 44 Filed 01/24/19 Page 6 of 12 7 on the complaint, its proper attachments, \u201cdocuments incorporated into the complaint by reference, and matters of which a court may take judicial notice.\u201d Dorsey v. Portfolio Equities, Inc., 540 F.3d 333, 338 (5th Cir. 2008) (citations and internal quotation marks omitted). Because the court reviews only the well-pleaded facts in the complaint, it may not consider new factual allegations made outside the complaint. Id. \u201c[A] motion to dismiss under 12(b)(6) \u2018is viewed with disfavor and is rarely granted.\u2019\u201d Turner v. Pleasant, 663 F.3d 770, 775 (5th Cir. 2011) (quoting Harrington v. State Farm Fire & Cas. Co., 563 F.3d 141, 147 (5th Cir. 2009 A. Federal Claims Defendants submit that Wiley\u2019s federal claims are not ripe. (See Mot. Dismiss, Dkt. 30, at 6\u2013 8, 16). This Court agrees. 1. Due Process Claims Wiley asserts procedural and substantive due process claims. Wiley contends that the University\u2019s administrative procedures to investigate and resolve the allegations against him violate Wiley\u2019s due process rights under the Fourteenth Amendment of the United States Constitution and Title IX. (2d Am. Compl., Dkt. 14, at 18\u201328 procedural due process claim \u201cis not ripe until the process complained of has reached its completion.\u201d Doe v. Univ. of Tex. at Austin, No. 1:18-cv-85-RP, at *3 (W.D. Tex. May 15, 2018). \u201cBecause the remedy for a procedural due process claim is more process, it makes little sense to adjudicate such a claim before the process is complete.\u201d Id. at *4. Here, the parties agree: Because Wiley has tenure, he is entitled to a Faculty Due Process Hearing, but that hearing has not yet taken place.3 Wiley seeks an injunction to prevent the Due Process Hearing from taking place before this Court can evaluate the University\u2019s procedures. (Mot. Prelim. Inj., Dkt. 16). Because the process 3 (See Report on Allegations of Sexual Harassment, Dkt. 14-4, at 53). Case 1:18-cv-00930 Document 44 Filed 01/24/19 Page 7 of 12 8 Wiley seeks to challenge is not yet complete, the result of the University\u2019s administrative procedures is entirely speculative. The Due Process Hearing tribunal might \u201creject, modify, or remand\u201d the investigation findings and recommended sanction. (Report on Allegations of Sexual Harassment, Dkt. 14-4, at 53). Afterwards, the University President might \u201cfind substantial doubt about the thoroughness, fairness, and/or impartiality of the investigation,\u201d \u201cdetermine there is insufficient evidence to support the recommended Finding,\u201d \u201cremand the matter to the Title Coordinator for further investigation and/or other action,\u201d or entirely \u201creject the recommended Finding(s) or Sanction(s).\u201d (Id. at 53\u201354). For now, any violation of Wiley\u2019s procedural rights depends on \u201ccontingent future events that may not occur as anticipated, or indeed may not occur at all.\u201d See Texas, 523 U.S. at 300. As a result, Wiley\u2019s procedural due process claims are not ripe. Wiley\u2019s substantive due process claims are also not ripe. In a substantive due process or facial constitutional challenge, the same test applies: \u201c[a] case is generally ripe if any remaining questions are purely legal ones; conversely, a case is not ripe if further factual development is required.\u201d Choice Inc., 691 F.3d at 715. Here, more factual development is undoubtedly required before any factfinder can evaluate Texas State University\u2019s policies and the ultimate disciplinary action taken against him\u2014which may turn out to be no disciplinary action at all. Additionally, a court should dismiss \u201cpre-enforcement\u201d substantive due process challenges as unripe where a plaintiff \u201cfail[s] to show that hardship will result from withholding court consideration at this time.\u201d Choice Inc., 691 F.3d at 712. Wiley contends that continuing with the University Due Process Hearing places his reputation and future career opportunities at risk of irreparable harm. (2d Am. Compl, Dkt. 14, at 21). But those potential harms may be alleviated through the University\u2019s appeal processes. Wiley has not shown that hardship will result from withholding court consideration at this time. Case 1:18-cv-00930 Document 44 Filed 01/24/19 Page 8 of 12 9 2. Remaining Title Claims Wiley also states claims under Title for erroneous outcome, selective enforcement, hostile environment based on sex discrimination, and deliberate indifference. (Id. at 26\u201331). The Court finds that these claims are not ripe for the same reasons as his due process claims. Further factual development of Wiley\u2019s Title claims is necessary because \u201ccontingent future events that may not occur as anticipated, or indeed may not occur at all\u201d once he completes the University\u2019s administrative process. See Texas, 523 U.S. at 300. Wiley has not shown any reason to depart from the hardship analysis above. The Court will therefore dismiss Wiley\u2019s remaining Title claims as unripe. Because Wiley\u2019s federal claims are not ripe, the Court will dismiss those claims under Rule 12(b)(1) for lack of subject matter jurisdiction. B. State Law Claims Wiley also brings claims under Texas law alleging (1) that Luizzi, Meany, Mazzantini, and the Tribunal itself acted ultra vires through the Title investigation and University proceedings thus far, and (2) that Meany tortiously interfered with Wiley\u2019s employment contract by causing complainants to file sexual harassment complaints against Wiley. (2d Am. Compl., Dkt. 14, at 9\u201318). 1. Jurisdiction Over State Law Claims The Court\u2019s jurisdiction over Wiley\u2019s state law claims is supplemental to its federal question jurisdiction. 28 U.S.C. \u00a7 1367(a). Because the Court will dismiss Wiley\u2019s federal claims with this Order, the Court has discretion whether to retain jurisdiction over any remaining state law claims district court\u2019s decision whether to exercise [supplemental] jurisdiction after dismissing every claim over which it had original jurisdiction is purely discretionary.\u201d Carlsbad Tech., Inc. v Bio, Inc., 556 U.S. 635, 639\u201340 (2009); see also 28 U.S.C. \u00a7 1367(c) (\u201cThe district courts may decline to exercise supplemental jurisdiction over a claim . . . if . . . the district court has dismissed all claims Case 1:18-cv-00930 Document 44 Filed 01/24/19 Page 9 of 12 10 over which it has original jurisdiction.\u201d); Osborn v. Haley, 549 U.S. 225, 245 (2007) (\u201cEven if only state-law claims remained after resolution of the federal question, the District Court would have discretion, consistent with Article III, to retain jurisdiction.\u201d). Because Wiley\u2019s state law claims and his federal claims arise from common facts, the Court will exercise its discretionary supplemental jurisdiction over the remaining state law claims. 2. Ripeness of State Law Claims federal court exercising supplemental jurisdiction over state law claims must apply the substantive law of the state in which it sits. Sommers Drug Stores Co. Empl. Profit Sharing Tr., 883 F.2d 345, 353 (5th Cir. 1989) (citing Erie R.R. v. Tompkins, 304 U.S. 64, 58 (1938)). As a result, this Court must apply Texas law to Wiley\u2019s state law claims. In resolving issues of Texas state law, federal courts look to decisions of the Texas Supreme Court. Hux v. S. Methodist Univ., 819 F.3d 776, 780 (5th Cir. 2016). If that court has not ruled on the issue, the federal court must make what is known as an \u201cErie guess\u201d\u2014that is, it must predict what the Texas Supreme Court would do if faced with the facts currently before the federal court. Id. Generally, absent a decision by Supreme Court of Texas, state intermediate courts\u2019 decisions are the strongest indicator of what a state supreme court would do. Id. at 780\u201381. Under Texas law, \u201c[r]ipeness, like standing, is a threshold issue that implicates subject matter jurisdiction.\u201d Patterson v. Planned Parenthood of Houston & Se. Texas, Inc., 971 S.W.2d 439, 442 (Tex. 1998) (citing Mayhew v. Town of Sunnyvale, 964 S.W.2d 922, 928 (Tex. 1998)). \u201cThe doctrine has a pragmatic, prudential aspect that is directed toward conserving judicial time and resources for real and current controversies, rather than abstract, hypothetical, or remote disputes.\u201d Id. (cleaned up). \u201cAt the time a lawsuit is filed, ripeness asks whether the facts have developed sufficiently so that an injury has occurred or is likely to occur, rather than being contingent or remote.\u201d Id. Ripeness under Texas law thus closely resembles the federal standard: \u201c[a] case is not ripe when its resolution Case 1:18-cv-00930 Document 44 Filed 01/24/19 Page 10 of 12 11 depends on contingent or hypothetical facts, or upon events that have not yet come to pass.\u201d Id. at 443. All of Wiley\u2019s state law claims are unripe because they rely on facts that are all but certain to develop further as the University continues its Title proceedings. The Court briefly outlines Wiley\u2019s state law claims. First, to state an ultra vires claim, \u201ca suit must not complain of a government officer\u2019s exercise of discretion, but rather must allege, and ultimately prove, that the officer acted without legal authority or failed to perform a purely ministerial act.\u201d City of El Paso v. Heinrich, 284 S.W.3d 366, 372 (Tex. 2009). Wiley alleges that Luizzi \u201cacted outside of his authority by failing to apply the appropriate rules when investigating Title complaints against [Wiley],\u201d and failing to update Title policies as appropriate. (2d Am. Compl., Dkt. 14, at 10\u201311). Wiley alleges that Meany acted ultra vires by identifying and \u201ccultivating\u201d witnesses \u201cto support the complainants\u2019 allegations.\u201d (Id. at 12\u201313). Wiley contends that the Tribunal itself has \u201ccoopted\u201d the University General Counsel\u2019s responsibilities in conducting the Title proceedings. (Id. at 15). Finally, Wiley asserts that Mazzantini, as General Counsel, \u201chas acted and continues to act without the necessary authority\u201d to participate in the Title proceedings because she effectively represents both the University and the four complainants. (Id. at 16). Second, the elements of a tortious inference claim are: \u201c(1) an existing contract subject to interference, (2) a willful and intentional act of interference with the contract, (3) that proximately caused the plaintiff\u2019s injury, and (4) caused actual damages or loss.\u201d Prudential Ins. Co. of Am. v. Fin. Review Servs., Inc., 29 S.W.3d 74, 77 (Tex. 2000) (citing Investors, Inc. v. McLaughlin, 943 S.W.2d 426, 430 (Tex. 1997)). Wiley alleges that Meany wrongfully interfered with Wiley\u2019s employment contract by causing complainants to file sexual harassment complaints against him. (2d Am. Compl., Dkt. 14, at 16\u201318). Case 1:18-cv-00930 Document 44 Filed 01/24/19 Page 11 of 12 12 Even if Wiley\u2019s allegations adequately stated his respective state law claims,4 all of his claims rely on facts which may develop significantly over the course of the University\u2019s Due Process Hearing and full appeals process. The Court finds that the facts have not \u201cdeveloped sufficiently\u201d to evaluate the alleged conduct of the individual defendants or any alleged injury to Wiley. See Patterson, 971 S.W.2d at 442 (citing Mayhew, 964 S.W.2d at 928). Accordingly, the Court will dismiss Wiley\u2019s state law claims as unripe For the reasons given above, it is that Defendants\u2019 Motion to Dismiss, (Dkt. 30), is GRANTED. Wiley\u2019s claims are that Wiley\u2019s Motion for a Preliminary Injunction, (Dkt. 16), is on January 24, 2019. ________________________________ 4 The Court does not decide at this time whether the pleadings adequately state ultra vires or tortious interference claims. Case 1:18-cv-00930 Document 44 Filed 01/24/19 Page 12 of 12", "8576_103.pdf": "The University Star \u2022 February 13, 2020 \u2022 regents-vote-to-revoke-tenure-and-terminate-david-wiley Board of Regents vote to revoke tenure and terminate David Wiley Jakob Rodriguez The Texas State University System announced that the Board of Regents voted to affirm the decision to revoke tenure and terminate the employment of David Wiley, following a second faculty Hearing Tribunal\u2019s findings of sexual misconduct. The decision came from the quarterly meeting conducted by the Board of Regents whose decision was informed by the Board of Regents Rules and Regulations Committee\u2019s recommendation and a Faculty Hearing Tribunal\u2019s \u201cadverse findings of sexual misconduct,\u201d according to the Quarterly Board of Regent\u2019s meeting book on page 455. Wiley was formerly tenured in the College of Education\u2019s Department of Health & Human Performance. According to his Facebook and LinkedIn status, Wiley had been employed at Texas State since August 1988. Wiley was elected president of the American School Health Association in 2005, holds a Ph.D. and has authored and co- authored numerous academic articles. According to the Board of Regent\u2019s meeting book recommendations, the committee reviewed the record of the Title Proceedings, the record of Tenure Revocation Proceedings, and the letter briefs and the attached documentation submitted to the Board of Regents by Wiley through his legal counsel. The committee noted in their recommendations however, that they did not find any defects in procedures or substance that require reversal of the president\u2019s decisions. Katie Frank, an associate attorney with Sergi & Associates representing Wiley in the matter stated in an email response that the Tile process in higher education is failing everyone involved. \u201cNow that the Board of Regents has issued its decision, Dr. Wiley can finally begin a process where we hope his rights will be honored and protected by the court system,\u201d Franks\u2019 response stated. \u201cThe Title process in higher education is failing everyone involved. For better or worse, Dr. Wiley\u2019s case will help to expose the broken Title system and how it failed to protect his rights as a tenured faculty member at Texas State University.\u201d Texas State issued a media release via its media relations office following the vote to revoke tenure and terminate Wiley citing the faculty Hearing Tribunal\u2019s \u201cadverse findings of sexual misconduct.\u201d \u201cThe Texas State University System Board of Regents voted to approve the Texas State University President\u2019s May 2, 2019, affirmation of a faculty Hearing Tribunal\u2019s adverse findings of sexual misconduct and recommended sanction of Dr. David Wiley,\u201d the release reads. \u201cThe Board of Regents also approved the President\u2019s October 2, 2019, decision to revoke the tenure and terminate the employment of Dr. Wiley, following a second faculty Hearing Tribunal\u2019s findings of sexual misconduct and recommendation to revoke Dr. Wiley\u2019s tenure and terminate his employment with Texas State University.\u201d The university stated that the referenced hearings were conducted by separate hearing tribunals, each consisting of five tenured full professors \u2013 were part of a \u201cmulti-step, formal process\u201d used to adjudicate such complaints. However, due to a pending matter before a regulatory agency, the university is unable to provide additional information at this time. David Wiley, photo source Facebook.", "8576_104.pdf": "by: Tahera Rahman Posted: Feb 13, 2020 / 12:38 Updated: Feb 13, 2020 / 06:14 MARCOS, Texas (KXAN) \u2014 Texas State\u2019s Board of Regents voted to fire a tenured professor, David Wiley, after allegations of sexual misconduct Texas State professor fired after allegations of sexual misconduct 63 David Wiley (Texas State University) The Rules and Regulations Committee recommended that Wiley\u2019s tenure be revoked and that \u201che be terminated for cause,\u201d according to the board\u2019s agenda. The board of regents discussed the matter for about two and a half hours in executive session, deciding unanimously to side with the decision of the committee, university president, and two tribunals to revoke Wiley\u2019s tenure and fire him. \u201cThe board does not believe any of the issues raised by Dr. Wiley require reversal of the Texas State University\u2019s president\u2019s decisions,\u201d said regent Alan L. Tinsley when members reconvened in open session. Wiley is listed on the university\u2019s website as a professor in the Department of Health & Human Performance. According to their meeting book, the committee met last month via phone and recommended the following: 1. Approve the Texas State University president\u2019s May 2, 2019 affirmation of a faculty Hearing Tribunal\u2019s adverse findings of sexual misconduct and recommended termination of Dr. David Wiley. 2. Approve the Texas State University president\u2019s Oct. 2, 2019 decision to revoke the tenure and terminate the employment of Dr. David Wiley following a second Faculty Hearing Tribunal\u2019s findings of sexual misconduct and recommendation to revoke his tenure and terminate his employment. 3. Lawsuit According to court records, Wiley filed a lawsuit against Texas State in October of 2018, alleging that his employer violated due process during the misconduct investigation. Court documents indicate Wiley accuses the university of \u201cpremature and ill-founded Title findings\u201d that Wiley committed acts of sexual misconduct against four other faculty members > Next > Cancel \u2715 Next story in > Cancel Next story in \u201cThe complaints of sexual misconduct involve allegations of hugging and non-romantic kissing (greetings) from five to ten years ago purportedly experienced by Plaintiff\u2019s faculty colleagues in same department. None of the complainants allege that they exhibited overt expressions of unwelcomeness at the time of the alleged incidents. Following issuance of thinly-supported reports from the University\u2019s Title Office, Plaintiff was advised that the University intended to terminate his tenure.\u201d Wiley alleged that the university\u2019s attempt to fire him was really in retaliation for operational disagreements he had with the department chair judge dismissed the case without prejudice on Jan. 24, \u201cbecause they are not ripe for adjudication.\u201d After the board of regents\u2019 decision, Wiley\u2019s attorney sent a statement, saying Wiley may take this issue to court, once again: The prior dismissal in federal court ruled that Dr. Wiley first had to complete the long and arduous appeal process imposed by Texas State University before taking his case to the courts. Now that the Board of Regents has issued its decision, Dr. Wiley can finally begin a process where we hope his rights will be honored and protected by the court system. The Title process in higher education is failing everyone involved. For better or worse, Dr. Wiley\u2019s case will help to expose the broken Title system and how it failed to protect his rights as a tenured faculty member at Texas State University Copyright 2025 Nexstar Media Inc. All rights reserved. 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These districts have called bond elections for May Warmer weekend with storms possible Sunday Amazon\u2019s Big Spring Sale is coming soon: Early deals \u2026 Holiday 9 hours ago Ulta\u2019s 21 Days of Beauty sale is live now Holiday 4 days ago Walmart\u2019s \u2018Flash Deals\u2019 are filled with hidden gems \u2026 Holiday 4 days ago Gifts and goodies every kid will want in their Easter \u2026 Holiday 1 week ago Easter basket ideas that teens won\u2019t hate Holiday 1 week ago Le Creuset, Ninja and more top Amazon\u2019s \u2018hot\u2019 \u2026 Holiday 1 week ago View All BestReviews Picks \u2022 \u2022 \u2022 \u2022 \u2022 \u2022 Share your Texas immigration stories ReportIt > Next > Next story in > Next story in News Weather Traffic Investigations Report It Sports Studio 512 Contests About Us Contact Us About Our Ads Public File KXAN: Children\u2019s Programming Public File KNVA: Children\u2019s Programming Public File KBVO: Children\u2019s Programming Report Artificial Intelligence Get News App Get Weather App Stay Connected RESULTS: This is the best viewer photo of 2024 > Next > Next story in > Next story in 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", "8576_105.pdf": "Spring Cyber Week Wayfair Canada -21% -18% -20% -27 According to court records, the university's Title office conducted four investigations into sexual misconduct allegations against Dr. David Wiley MARCOS, Texas \u2014 The Texas State University board of regents voted Thursday afternoon to fire a professor accused of sexual misconduct and to revoke his tenure. Texas State board votes to fire tenured professor accused of sexual misconduct Author: Pattrik Perez Published: 4:28 February 13, 2020 Updated: 5:57 February 13, 2020 \uf04b The vote came with a recommendation by the university's Rules and Regulations Committee, which supported the university president's prior decisions to fire Department of Health and Human Performance Professor Dr. David Wiley. RELATED: Texas State fraternity, Pi Kappa Phi, suspended for 7 years after attack allegedly caused brain injury According to court records, the university's Title office conducted four investigations into sexual misconduct allegations against Dr. Wiley. The university employees alleged Dr. Wiley \"sexually harassed them over a period of years,\" according to a court document. When Dr. Wiley was notified of the investigations in March 2018, he claimed the Title findings were based on \"'thinly-supported reports.'\" RELATED: 17 sexual misconduct violations at Austin since Nov. 2017, records show He filed a lawsuit against the university in October 2018, claiming the university's investigation into the allegations violated his due process rights federal judge dismissed his lawsuit in January 2019. You can read the Motion to Dismiss below: Texas State University sent the following statement following the vote: \"On February 13, 2020, the Texas State University System Board of Regents voted to approve the Texas State University President\u2019s May 2, 2019, affirmation of a faculty Hearing Tribunal\u2019s adverse findings of sexual misconduct and recommended sanction of Dr. David Wiley. The Board of Regents also approved the President\u2019s October 2, 2019, decision to revoke the tenure and terminate the employment of Dr. Wiley, following a second faculty Hearing Tribunal\u2019s findings of sexual misconduct and recommendation to revoke Dr. Wiley\u2019s tenure and terminate his employment with Texas State University. The above-referenced two hearings \u2013 conducted by separate hearing tribunals, each consisting of five tenured full professors \u2013 were part of a multi-step, formal process used to WILEY, Plaintiff, v WILEY, \u00a7 \u00a7 Plaintiff, \u00a7 \u00a7v. \u00a7 1:18-CV-930 \u00a7TEXAS\u2026 Scribd adjudicate such complaints. Due to a pending matter before a regulatory agency, the university is unable to provide additional information at this time.\" At least 40 Texas State University employees filed sexual misconduct complaints between 2015 and 2019, according to an open-records request filed by investigative reporter Brad Streicher. Only nine of those resulted in a violation. Texas State officials have not stated how many of those complaints were filed against Wiley. Wiley's team of attornies released the following statement on Friday: \"The prior dismissal in federal court ruled that Dr. Wiley first had to complete the long and arduous appeal process imposed by Texas State University before taking his case to the courts. Now that the Board of Regents has issued its decision, Dr. Wiley can finally begin a process where we hope his rights will be honored and protected by the court system. The Title process in higher education is failing everyone involved. For better or worse, Dr. Wiley's case will help to expose the broken Title system and how it failed to protect his rights as a tenured faculty member at Texas State University.\" RELATED: Texas State fraternity, Pi Kappa Phi, suspended for 7 years after attack allegedly caused brain injury READING: Missing 6-year-old Faye Swetlik found dead 'She was my perfect little angel' | Parents of 5-month-old who died after day care incident warn of sleeping dangers Driver airlifted to hospital after crash with school bus in Bastrop Texas State suspends Pi Kappa Phi fraternity for at least Texas State suspends Pi Kappa Phi fraternity for at least \u2026 Luxury Casino | Sponsored Tap into the Highest Win Rate Guarantee at Luxury Casino! Best odds and big wins await you! SearchTopics | Search Ads | Sponsored Empty Alaska Cruise Cabins For Sale Now (See Prices) 50+ People Protection | Sponsored Canadians Under 80 With No Life Insurance Should Claim This Benefit in March Read Now Luxury Casino | Sponsored Highest Win Rate Guarantee in the market ! At Luxury Casino , better odds , better opportunities ! CommonSearches | Search Ads | Sponsored New Atlas Has Arrived & It's Turning Heads - Search Offers GoSearches | Search Ads | Sponsored Discover The Truth About Reverse Mortgages Learn More What is 'Trump Derangement Syndrome'? Republicans introduce bill in Minnesota Senate Teen's body incinerated after man lured, tortured and dismembered her ARTICLE..."} |
8,545 | Sheena Pryce Fegumps | University of Florida | [
"8545_101.pdf",
"8545_101.pdf"
] | {"8545_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."} |
8,822 | Leonel Mera | Florida SouthWestern State College | [
"8822_101.pdf",
"8822_101.pdf"
] | {"8822_101.pdf": "professor fired for asking student for threesome & talking about sex in class Florida SouthWestern State College professor was fired back in October for asking a student for a threesome and making sexually inappropriate comments during class. Updated: 1:56 Nov 29, 2021 Infinite Scroll Enabled COUNTY, Fla Florida SouthWestern State College professor was fired back in October for asking a student for a threesome and making sexually inappropriate comments during class. Dr. Leonel Mera, an anatomy and physiology professor, was fired on October 14, according to officials with FSW. Human resources with the college said they received a complaint from a student back in August alleging they were harassed by the professor. The student accused him of harassing and creating a hostile classroom environment due to prolific and vulgar discussions that were often related to sex. Officials who investigated the student\u2019s claims said Mera was also accused of harassing the student with inappropriate sexual conduct during office hours. The student said the professor would take things too far during class and made a lot of sexual innuendoes throughout the semester. According to a school report, the student said when making inappropriate comments in class, Mera would say know I\u2019m wrong, file a complaint if you want, many have tried, but the Deans have our backs.\u201d The student who made the complaint also said she showed up to office hours in July, and Mera looked her up and down and said, \u201cOh you\u2019re looking very cute today.\u201d The school report on the investigation said the student tried to make the meeting brief because she was uncomfortable. She started to leave, but Mera called her back into the office. The student said she perceived from the conversation that he was asking her for a threesome with him and his wife, according to the report. The student told school officials that Mera was visibly flushed and red in the face. The student eventually left the office. She said Mera did this a day after he received communication from the victim advocate about leniency in assignment due dates due to a personal crisis. Two other students also said he was inappropriate and swore a lot in class, making students feel uncomfortable, the report said. An example one of the students gave was when he told the women in the class that they needed to get a vibrator because it\u2019s healthy. Students who spoke with school officials also said Mera tended to go off-topic, and he once spent an hour talking about weed. He would also grab students for demonstrations in class without asking for permission and also often talked about religion, mocking students who went to church. When talking with school officials, Mera claimed the vibrator comment was a joke. He also said, \u201cthis class is the most boring class for material need to make it spicy and funny because if don\u2019t it will be a real drag and students will be falling asleep.\u201d Watch on Demand \uf10c \uf0e0 \uf12456 NEWS: Watch newscasts from Gulf Coast \uf102 1 / 2 Mera said he was trying to prepare students for the weird things they would see in the medical field, according to school documents. He didn\u2019t deny having the conversation with the student about the threesome. He told school officials that he was not talking about the student, but he was asking if she had friends who would. He said he made a mistake in asking, according to the school. There was also a previous complaint made against the professor back in 2019 by a different student that was in his class. The student told the school that the jokes and comments Mera made in the class made it difficult to attend. The student also said back in 2019 that Mera would mention his relationship with the dean as well as playing in the rock band with the president of the college. He also told the student who made the complaint that he was involved in a relationship with a student in a different class. Another student also said his actions caused her to withdraw from the class, school documents said. Mera told school officials in 2019 that a lot of his comments were meant as jokes. He did tell school officials investigating the allegations back in 2019 that he was involved with a student in May 2019, and wasn\u2019t aware of a policy against it. School documents detailed that they were both consenting, and Mera ended the relationship once he was made aware that it was inappropriate. 9-year-old collecting pillows for homeless after heartfelt bedtime idea 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 \uf09a \uf099 \uf16a Contact Us About News Team Apps & Social Email Alerts Careers Internships Advertise with Gulf Coast Digital Advertising Terms & Conditions Broadcast Terms & Conditions News Policy Statements Reports Captioning Contacts Public Inspection File Public File Assistance Applications Hearst Television participates in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites. \u00a92025, Hearst Television Inc. on behalf of WBBH-TV. Privacy Notice Industry Opt Out Terms of Use Site Map Your Privacy Choices/(Opt-Out of Sale/Targeted Ads)"} |
7,750 | Peter Gray | University of Iowa | [
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] | {"7750_101.pdf": "Records: Ex-Iowa official had been fired in S.C. 12y Women's Frozen Four: How each team can win the national title 9h Wisconsin looks to cap one of the best seasons ever with a national title 8d - Adam Rittenberg College softball rankings: The Top 25 teams after Week 6 3d Penn St. goes 20-0 to lead at wrestling nationals 16h takes women's swimming, diving lead 17h Education order could put gender equity in limbo 22h - Paula Lavigne Sources expected to hire Terps Evans 1d - Pete Thamel Virginia opens swim championships with relay win 2d 9 players suspended after JSU-Prairie View fight 2d Trump freezes Penn funding over trans swimmer 2d - Associated Press College baseball Week 5: Top 25 rankings, play of the week and what to watch 4d Road to men's Frozen Four: Conference t t lt h d l Nov 14, 2012, 02:13 Associated Press Peter Gray previously was fired CITY, Iowa -- The former University of Iowa athletic department official at the center of a sexual harassment investigation had been fired from a previous job at a liberal arts college in South Carolina in 1999, according to records released Wednesday. Coastal Carolina University in Conway, S.C., dismissed Peter V. Gray after he had worked less than a year as its director of advisement and retention. His supervisor cited \"unsatisfactory working results\" and vowed she wouldn't rehire him as a result. \"Employment not in the best interest of the institution,\" is listed as the reason for the termination in the document, released in response to an open records request by The Associated Press. It does not elaborate. Gray's employment background is significant as Iowa officials investigate the details of sexual harassment claims against him and how they were handled. The firing raises questions about how deeply Iowa dug into his background before putting him in charge of monitoring the academic progression of its student-athletes. Gray, 59, resigned from Iowa last week after an internal investigation accused him of sexually harassing students and athletes in his job as associate director of athletics student services, which he had held since 2002. The behavior allegedly included overly friendly hugs, massages and other touching that colleagues and students said was unprofessional and made them feel uncomfortable. The report, obtained by the Iowa City Press-Citizen, also found that Gray gave football tickets to someone outside the university in exchange for nude photographs and had several pictures on his work computer that were \"suggestive in nature,\" including a picture of the men's swimming team he used as a screen saver and two showing individuals engaged in sex acts with toys or stuffed animals. Gray had worked previously at Iowa from 1993-95, and the report quoted employees as saying his inappropriate behavior dated back to that time. Critics, including Regent Bob Downer of Iowa City, have questioned why Iowa rehired Gray in 2002 if it was aware of previous concerns. But a top university official defended the hiring decision this week, saying that Gray was an outstanding candidate chosen for the job after beating out several others in a national search know for a fact that was done absolutely correctly and openly,\" said N. William Hines, chair of the Presidential Committee on Athletics, which provides oversight of the athletics department. 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. University of Iowa spokesman Tom Moore declined comment Wednesday on the Coastal Carolina records. President Sally Mason is reviewing the Gray case, and the Iowa Board of Regents also is gathering information. Patricia Sizemore, then Coastal Carolina's vice president of enrollment management, recommended hiring Gray at its academic center in summer 1998. But by January, records show, Sizemore had a conversation to inform Gray that his employment would be ending May 15, before his one-year probationary period ended. \"We wish you success in all your future endeavors,\" she wrote. Gray had worked at the University of Mississippi athletics department from 1995-98 school lawyer said Wednesday that it had not turned up any complaints about Gray's behavior or the details of his departure, but that it continues to look. Gray also worked at Indiana University's athletics department from 1999-2002 before returning to Iowa, and representatives there had no immediate comment. Gray has not responded to messages seeking comment, and nobody answered the door Wednesday at an Iowa City address listed for him. Hines said that he believed Gray was essential in helping countless athletes keep up with their school work and graduate on time during the last decade. He described him as \"the happiest guy in the room, upbeat and kind of uplifting\" and quick to dole out inspiration and encouragement. But these days, Hines said, Gray is devastated by the sudden downfall of his career and locked himself away in his home. \"This kind of came as a shock,\" he said. \"From our point of view, this was one of our outstanding counselors who was doing a great job.\" 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.", "7750_102.pdf": "Iowa Athletics Academic Adviser Peter Gray Violated Sexual Harassment Policy with Students, University Report Shows Longtime adviser traded football tickets for sexual pictures, engaged in repeated inappropriate behavior with students, according to University investigation. By Patrick Vint Nov 9, 2012, 7:18pm According to a six-page memorandum obtained and published by the Iowa City Press- Citizen, a longtime academic advisor within the Athletics Department engaged in frequent, repeated, and well-known inappropriate activity with student athletes in violation of the University's sexual harassment policy. The advisor, Dr. Peter Gray, resigned Monday for \"personal reasons,\" according to a statement by athletics director Gary Barta. According to the internal memorandum, titled \"Finding on Formal Complaint of Sexual Harassment and Violations of Other University and Department Policies,\" an internal investigation conducted by the University of Iowa found that Gray repeatedly engaged in inappropriate sexual touching and made sexual comments to students and student athletes. Gray also had sexual images on his work computer, and allegedly traded football tickets for sexually suggestive pictures of a non-student in 2011. Gray was first employed by the Iowa athletic department in 1993, leaving in 1995. He returned in 2002 and remained at the university until Monday, when he apparently resigned. The Press- Citizen reports that instances of inappropriate conduct by Gray were observed going back to his first term of employment with the University 300 an Iowa Hawkeyes community In a particularly damning passage, the memorandum summarizes the findings against Gray: These conclusions are based on reports of multiple incidents of concerning behaviors, specifically that Dr. Gray's interactions with student-athletes were characterized by inappropriate and non-professional touching; comments of a sexual nature to prospective student-athletes and their parents; suggestive and/or sexual images on a work computer; sexual overtures, sexually explicit comments, and sharing of sexual images with a student not affiliated with the Department of Athletics; an exchange of athletic event tickets as an incentive, gratitude or appreciation for money and/or photographic images of a sexual nature; and providing Department of Athletics complimentary tickets to individuals that are not immediate family members. The effect of such behavior is that staff members and students are uncomfortable in their interactions with Dr. Gray and in some cases, staff members have requested not to work with him. Gray admitted he acted inappropriately in a number of circumstances, including the startling admission that he made sexually explicit comments to a student, including an offer of oral sex, but \"he could not remember to whom he made the statements, when, or how often.\" Gray also admitted to having a photograph of the men's swimming team in their swimsuits on the background of his computer that a co-worker classified as suggestive and unsuitable for the office environment. Several staff members have apparently reported inappropriate behavior by Gray during his time at Iowa, to the extent that two individuals requested not to work with Gray, one former employee left the University over his actions, and one individual requested not to work with him in the evening. More updates on this story as it develops.", "7750_103.pdf": "Records official was hired despite harassment Updated: 6:51 Dec 11, 2012 Infinite Scroll Enabled Watch on Demand \uf10c \uf0e0 \uf13157\u00b0 \uf0c9 Des Moines 50309 57\u00b0 \uf131 Partly Cloudy \uf114 30% \uf041 \uf124 \uf102 1 / 1 The latest breaking updates, delivered straight to your email inbox Privacy Notice \uf107 Your Email Address Records show a former University of Iowa athletics department counselor at the center of a sexual harassment scandal was rehired in 2002 without mention that he had been fired from another university for performance or had earlier worked at Iowa. The university released records Monday related to Peter Gray, who resigned last month after being accused of sexually harassing athletes through improper touching that allegedly dated back to his employment at Iowa from 1993 to 1995. His case prompted the university to reassign his supervisor, associate athletic director Fred Mims. Records show Mims considered Gray the top candidate out of 28 applicants in 2002. Mims touted Gray's experience at Coastal Carolina University - where he was fired in 1999 - and made no mention of his prior Iowa employment. 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 Digital Advertising Terms & Conditions Broadcast Terms & Conditions Reports Captioning Contacts Public Inspection File Public File Assistance Applications News Policy Statements Hearst Television participates in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites. \u00a92025, Hearst Television Inc. on behalf of KCCI-TV. Privacy Notice Industry Opt Out Terms of Use Site Map Your Privacy Choices: Opt Out of Sale/Targeted Ads"} |
7,293 | Thomas Pogge | Columbia University | [
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] | {"7293_101.pdf": "Donate | Read the Print Edition Subscribe | Join the 21, 2025 Philosophy professor accused of sexual harassment | 12:08 21, 2016 Renowned Yale Philosophy Professor Thomas Pogge has consistently used his \u201cfame and influence\u201d to sexually harass younger women in his field over the past several decades, according to allegations published Friday by Buzzfeed News. The Buzzfeed story focuses on the experience of Fernanda Lopez Aguilar \u201910, a former student of Pogge\u2019s who accused him of sexual harassment and assault in 2010 and formally filed a complaint with Yale in 2011. In October 2015, Lopez Aguilar also filed a complaint with the federal Department of Education\u2019s Office for Civil Rights, alleging that Yale violated Title IX, which prohibits gender discrimination, by not properly handling or investigating her allegations. Her complaint also accuses Yale of violating Title VI, which prohibits race discrimination, as it alleges that Pogge targeted foreign women of color unfamiliar with the United States \uf002 In a Friday email to the News, Lopez Aguilar reaffirmed her allegations and added that she has had to take on a \u201cmother\u2019s role\u201d in protecting women who attend Yale in light of her own experience. The News has obtained dozens of documents and hundreds of pages of legal affidavits, emails and official filings \u2014 almost exclusively provided by Lopez Aguilar \u2014 related to these allegations. Those documents shed light on the University\u2019s response to her claims, as well as onto the interactions between Pogge and Lopez Aguilar. Pogge has vigorously denied any wrongdoing over the five-year process. He did not respond to an email from the News sent Friday night. According to the documents, Lopez Aguilar claimed that when Pogge was her senior thesis adviser, and during the summer after her graduation, Pogge conducted himself in ways that created \u201ca sexually charged environment.\u201d He then refused to honor an alleged agreement to have her work in a paid capacity at his Global Justice program, a Yale initiative founded and directed by Pogge that works on the relationship between public health and poverty. According to Lopez Aguilar, Pogge\u2019s refusal was an act of professional retaliation after she rebuffed his advances. At the time, Yale found \u201csubstantial evidence\u201d that Pogge engaged in \u201cunprofessional conduct.\u201d \u201cPogge created an intimate and unprofessional atmosphere [with Lopez Aguilar],\u201d the University\u2019s adjudicative panel wrote in 2011. \u201cWe understand why some of this behavior may have made [Lopez Aguilar] confused, anxious or uncomfortable, and given the unequal power of the professor and his student, trainee or prospective employee, we understand why [Lopez Aguilar] may have had difficulty expressing any discomfort. In sum, we question [Pogge\u2019s] judgment, and we note his failure to exercise his professional authority responsibly.\u201d However, the panel did not find Pogge guilty of sexual harassment, nor did it find that professional retaliation had occurred. The only infraction the panel found was that Pogge had misused Yale stationary by drafting a letter to help Lopez Aguilar secure housing at the Taft Apartments. The panel recommended that then-Provost Peter Salovey write a letter of reprimand for this infraction that would remain in Pogge\u2019s employment file. Salovey approved these recommendations on November 19, 2011. But three years later, and still unsatisfied with Yale\u2019s response, Lopez Aguilar partnered with the prestigious British law firm, McAllister Olivarius, which specializes in cases of sexual misconduct. The firm was founded by Ann Olivarius \u201977 \u201986 \u201986, one of the plaintiffs in a landmark 1980 lawsuit against Yale that was the first to establish sexual harassment as a form of gender discrimination. McAllister Olivarius filed a pre-action letter against Yale University in July 2014. \u201cMs. Lopez was harassed, assaulted and retaliated against by her senior thesis advisor and employer, Dr. Thomas Pogge,\u201d the letter read. \u201cAfter being initially told by Yale that her abuse was not their concern, she was then permitted a hearing, the outcome of which was that Prof. Pogge\u2019s only actionable misbehavior was improper use of Yale stationary.\u201d The pre-action letter was presented to Yale\u2019s then-senior associate general counsel Harold Rose in September 2014. Rose, who is now senior associate general counsel, responded that the University felt the pre-action letter to be without merit. However, the brief did contain legal affidavits from professors at other U.S. institutions that describe a previous history of sexual misconduct by Pogge. The affidavits, which were disclosed to the News against the authors\u2019 wishes, reveal that Pogge was accused of sexual harassment in the mid-1990s while he was a faculty member at Columbia. As a result of the accusations, Pogge was barred from entering the philosophy building whenever his alleged victim had classes there. According to one philosophy professor cited in the affidavits, Yale was aware of these events when it hired Pogge in 2008. Buzzfeed also wrote that a Ph.D. student at a European university accused Pogge of using career opportunities to begin a sexual relationship in 2014. Despite the accusations, Pogge has remained at Yale, teaching Introduction to Political Philosophy in fall 2015 and two seminars this past spring. Correction: This article previously stated that Pogge did not respond to a request for comment on Tuesday night. In fact, he did not respond to a request on Friday night CO., INC. 202 York Street, New Haven 06511 | (203) 432-2400 Editorial: (203) 432-2418 | [email protected] Business: (203) 432-2424 | [email protected] 2025", "7293_102.pdf": ". 3 1 , 2 0 1 6 By Claire Landsbaum Yale Professor Accused of Sexual Harassment Would Have Done Things Differently Thomas Pogge resumes teaching at Yale today. Photo: Courtesy of Wikimedia Commons/Tobias Klenze Thomas Pogge, a professor at Yale and a leading voice in the philosophical community, is still teaching at the university despite a former student accusing him of sexual harassment. Fernanda Lopez Aguilar, Pogge\u2019s former undergraduate thesis student, said Pogge flirted with her and groped her while they were on a research trip in Valpara\u00edso, Chile, according to BuzzFeed News. In October 2015, Lopez Aguilar filed a Title complaint with the department of education, claiming Yale had mishandled her charges of sexual harassment against Pogge; she went to the university after Pogge allegedly forced her to share a hotel room in Chile, stayed at her apartment in Washington, D.C., and slept on an airplane with his head in her lap. But instead of investigating, Yale offered Lopez Aguilar a $2,000 settlement and made her sign a nondisclosure agreement, even though such agreements are illegal in sexual-harassment cases. When she figured out the wasn\u2019t binding, Lopez Aguilar filed a formal sexual- harassment complaint with Yale, which assigned an investigator and a hearing panel to the case. But Pogge told the panel he didn\u2019t have \u201cany non-professional relationship with or intentions toward\u201d Lopez Aguilar, and the investigator found there wasn\u2019t enough evidence to formally charge him with sexual harassment. Two other women eventually came forward with similar stories in regards to Pogge, and one of his former colleagues at Columbia, where he\u2019d also been accused of sexual harassment, said, \u201c[I]t\u2019s clear that Thomas uses his reputation as a supporter of justice to prey unjustly on those who trust and admire him, who then \u2014 once victimized \u2014 are too intimidated by his reputation and power to tell their stories.\u201d Pogge, however, still denies all allegations and said he \u201cwould have done things differently\u201d in regards to Lopez Aguilar. \u201cShould have invited her to come to Valpara\u00edso?\u201d he said invited her. We were just two people in a rental car. You could say, \u2018Well, no, you can\u2019t do that she\u2019s a former student of yours, this is a sexualized situation\u2019 \u2026 If that was wrong, that was wrong took her there didn\u2019t make any moves or anything.\u201d He went on am not comfortable with anything, not with my teaching, not with anything. It\u2019s a horrible situation to be in \u2026 Where am going to move am 63 years old.\u201d On Wednesday, he was back at Yale to teach his first philosophy class of the year 1. 2. 3. 4. 5 2 : 4 3 . 14 Hyaluronic-Acid Serums That Love Your Daily Horoscope by Madame Clairevoyant: March 21, 2025 Looks Like Pete Davidson Has a New Lady This Recession Scare Feels Different. Here\u2019s What to Do About It. This Mercury Retrograde Is Going to Be Real Rough Your Daily Horoscope by Madame Clairevoyant: March 20, 2025 2 : 3 1 . Seems Like Elon Musk Did Not Like His Daughter\u2019s Cover Story Israeli Netanyahu Delivers Address To Joint Meeting Of U.S. Congress 1 : 1 2 . Tyla, Katie Holmes, and More of the Bestest Party Pics This Week 1 2 : 1 6 Swastika Scandal Hits Omaha Fashion Week Catwalk at a fashion show 1 2 : 0 0 . Kids Need to Hear \u2018No\u2019 More How else will they learn boundaries and, well, how to not be jerks? By Amil Niazi 1 2 : 0 0 . The Approval Matrix: Closing Time for Winter, Nation 1 1 : 5 1 Huge List of Sales: Half-Off Frame Jeans and Ina Garten\u2019s Memoir 1 0 : 5 5 . The Best Cleaning Products for Every Room in the House 1 0 : 4 1 . The Best At-Home Teeth-Whitening Kits, According to Experts 1 0 : 3 4 . Looks Like Pete Davidson Has a New Lady 1 0 : 2 1 . The Final Boss of the Ugly Sneakers Trend 7 : 5 4 . Why Are So Many Young Women Convinced They\u2019re Balding? 5 : 0 0 . Your Daily Horoscope by Madame Clairevoyant: March 21, 2025 8 : 1 9 . Michelle Obama Is Never Running for Office Day Two Of The 2024 Democratic National Convention 6 : 1 3 . Quinta Brunson and Her Husband Have Reportedly Filed for Divorce Time Celebrates the 100 Most Influential People in the World, Arrivals, Lincoln Center, New York - 08 Jun 2022 6 : 0 6 . Finally, the Right Vehicle for Tiramisu 4 : 4 4 . What\u2019s All This Snow White Drama Keep Hearing About 3 : 5 7 . Fetal Personhood Bills Are Flooding State Legislatures 3 : 3 7 . 15 Best Early Amazon Spring Sale Event Deals 3 : 2 0 . Kim Kardashian Does Not Want North West Around the Tates 2024 Kering For Women Dinner . \u00a9 2 0 2 5 .", "7293_103.pdf": "\u00bb Thomas Pogge, Yale University, and Sexual Harassment (Updated) By Justin Weinberg. May 20, 2016 at 3:31 pm When Thomas Pogge travels around the world, he finds eager young fans waiting for him in every lecture hall. The 62-year-old German-born professor, a prot\u00e9g\u00e9 of the philosopher John Rawls, is bespectacled and slight of stature. But he\u2019s a giant in the field of global ethics, and one of only a small handful of philosophers who have managed to translate prominence within the academy to an influential place in debates about policy\u2026 But a recent federal civil rights complaint describes a distinction unlikely to appear on any curriculum vitae: It claims Pogge uses his fame and influence to manipulate much younger women in his field into sexual relationships. One former student said she was punished professionally after resisting his advances. So begins a lengthy article at BuzzFeed about allegations of sexual harassment against Yale philosophy professor Thomas Pogge, Yale University\u2019s responses to these allegations, and who knew about what, and when. 87 87 Some excerpts: In the 1990s, a student at Columbia University, where Pogge was then teaching, accused him of sexually harassing her. In 2010, a recent Yale graduate named Fernanda Lopez Aguilar accused Pogge of sexually harassing her and then retaliating against her by rescinding a fellowship offer. In 2014, a Ph.D. student at a European university accused Pogge of proffering career opportunities to her and other young women in his field as a pretext to beginning a sexual relationship. Yale has known about these allegations, and others, for years. \u2026 In October 2015, Lopez Aguilar filed a federal civil rights complaint, alleging that Yale violated Title IX, the statute that holds schools responsible for eliminating hostile educational environments caused by sexual harassment. Lopez Aguilar is asking the government to investigate whether Yale has ignored the \u201cexhaustive attempts\u201d she and others have made to prove Pogge is a danger to female students. Her complaint also accuses Yale of violating Title VI, which prohibits race discrimination, on the grounds that Pogge specifically targets foreign women of color who were unfamiliar with how to navigate power in the United States. \u2026 Eventually, Yale offered [Lopez Aguilar] a $2,000 settlement, on the condition that she sign away her right to pursue further claims against Pogge or the university \u2014 or to tell anyone about Pogge\u2019s behavior from \u201cthe beginning of the world to the day of the date of this Release.\u201d The federal government has said that it\u2019s illegal to use conditional nondisclosure agreements in sexual harassment cases. But Yale treated Lopez Aguilar\u2019s report as a workplace dispute, ignoring her claims of sexual harassment, her recent complaint states. \u2026 87 subsequent hearing panel found \u201cinsufficient evidence\u201d to determine whether Pogge had made direct sexual comments or advances to Lopez Aguilar, but \u201csubstantial evidence\u201d that he \u201cfailed to uphold the standards of ethical behavior\u201d expected of him as her mentor and employer. In the end, however, the panel decided his actions did not constitute sexual harassment. Only one note went into Pogge\u2019s permanent record. It was for misuse of Yale stationery. \u2026 In an affidavit quoted in Lopez Aguilar\u2019s federal complaint, a Columbia professor wrote that Pogge \u201chad written a series of sexually harassing emails\u201d to a student, \u201cand there had also been some physical interaction between them.\u201d Pogge was later \u201cforbidden by the university administration\u201d to enter the philosophy department \u201cwhenever the student had classes there.\u201d \u2026 In 2014, Lopez Aguilar\u2019s lawyers sent Yale signed statements from professors about the Columbia incident. The lawyers also included statements from professors who had witnessed and been troubled by Pogge\u2019s conduct with young women at conferences, as well as details about five other women, students at other institutions in countries from India to Norway to whom Pogge had supposedly offered plane tickets, hotel rooms, letters of recommendation, and job opportunities \u201ceven though he barely knows them and knows less about their work.\u201d \u2026 \u201cIt breaks my heart to have to say it,\u201d said Christia Mercer, a former colleague from the Columbia philosophy department, \u201cbut it\u2019s clear that Thomas uses his reputation as a supporter of justice to prey unjustly on those who trust and admire him, who then \u2014 once victimized \u2014 are too intimidated by his reputation and power to tell their stories.\u201d \u2026 87 Martha C. Nussbaum, a professor of law and philosophy at the University of Chicago, said that since learning about the accusations Pogge faced at Columbia, she has chosen not to invite him to conferences and workshops. She also declines to participate in projects he is involved in. \u201cThe time has come for a public investigation,\u201d she wrote in a statement that Lopez Aguilar\u2019s lawyers later gave to Yale. \u2026 The article is \u201cEthics and the Eye of the Beholder,\u201d by Katie J.M. Baker. It includes links to: The October 2015 Title and Title complaint against Yale. Yale\u2019s Settlement Offer to Fernanda Lopez Aguilar. Pogge\u2019s letter confirming Lopez Aguilar\u2019s employment, and his follow-up message to her after she shared it with Yale administration. Towards the end of the article, Baker raises some questions. Among them: Pogge uses philosophy as a powerful tool with which to solve global problems\u2014a fact that greatly enhances the discipline\u2019s real-world credibility. Could that have inclined his fellow philosophers to tolerate behavior they would otherwise condemn? What is our collective responsibility\u2014to put it in the language of global ethics\u2014when the flawed humans we enshrine as intellectual heroes are accused of being far from heroic? (Some previous posts at on this story: The Issues Behind The Gossip; some details emerge here and here; Yale solicits information about Pogge\u2019s alleged violations of university policy. Some questions about what people in the profession should do in light of allegations like this have been discussed in \u201cHiring and \u2018Unofficial Information\u2018\u201d and \u201cNot Legally Actionable, But (5/21/16): How much did those at Yale who were involved in hiring Pogge know? In her piece at BuzzFeed, Baker reports that at a hearing at Yale regarding Lopez Aguilar\u2019s complaint, 87 Pogge told the hearing panel that he had indeed been accused of sexual harassment at Columbia, but that the allegation was false. Yale knew about it, he said, and an official \u201ctook great pains to investigate what had happened\u201d before offering him a job. The Yale Daily News, which had independently investigated the story, now has a piece up about it. The authors there write: The affidavits [from professors at other U.S. institutions], which were disclosed to the News against the authors\u2019 wishes, reveal that Pogge was accused of sexual harassment in the mid-1990s while he was a faculty member at Columbia. As a result of the accusations, Pogge was barred from entering the philosophy building whenever his alleged victim had classes there. According to one philosophy professor cited in the affidavits, Yale was aware of these events when it hired Pogge in 2008. That is, both Pogge and professors elsewhere state that at least some of the people at Yale involved in hiring Pogge knew about previous allegations of sexual harassment against him at Columbia. Who these people were and how much they knew\u2014those questions remain unanswered, as does this one: what, if anything, ought they have done differently? Additionally, The Yale Daily News reports: Despite the accusations, Pogge has remained at Yale, teaching Introduction to Political Philosophy in fall 2015 and two seminars this past spring [2016 (5/22/16): Relevant commentary elsewhere post on testimonial injustice and the Pogge case may be of interest to readers, arguing that a lot of commentary on this story \u201cpresumes that several women making the exact same types of allegations are less credible than one man.\u201d \u201cEach time had this experience, every positive thing my teacher/professor had said about my academic work disappeared in a puff of smoke\u201d \u2014 Katrina Sifferd (Elmhurst) on sexual harassment she faced as a philosophy student. 87 (5/23/16): Inside Higher Ed reports on the story (5/24/16): Delia Graff Fara writes, at Leiter Reports had a mildly unpleasant experience with Pogge when was a senior undergraduate at Harvard and he was a visiting professor who stayed in my \u201chouse\u201d, Harvard\u2019s equivalent to residential colleges at Princeton and Yale lived in Cabot House.) In brief was having a meeting with Pogge during and after dinner in our dining hall to talk about Rawls and Rousseau, the subjects of my senior thesis. He kept me talking for longer than felt comfortable with. It was night and the dining hall had long since emptied out finally ended the meeting when he started rubbing my thigh, by just saying that it was late and that needed to leave. Note: comments require a social media login or a working and accurate email address. Pseudonyms are permitted, but do not use ones with \u201canonymous,\u201d \u201canon,\u201d and the like in them. For more details, please see the comments policy. 87 \uf0e0Subscribe \uf0d7 Login 87 Join the discussion \uf03e \uf0e7 \uf06d Oldest \uf0dd nothankyouplease \uf017 8 years ago Fernanda is so brave. 0 Reply \uf017 8 years ago brief note: Buzzfeed is monetizing all this drama (to be). 0 Reply \uf086Reply to \uf017 8 years ago In this case, aren\u2019t they just monetizing real journalism, like every other for profit media organization? I\u2019m not getting your point. 0 Reply Alex \uf086Reply to \uf017 8 years ago 87 Their point is that it is perverse that they are drawing profits from this is perverse and my intuition tells me that it is based on principle, rather than the particular news item. Maybe will be kind enough to explain.. 0 Reply A9 grad \uf017 8 years ago The fact that Yale still has Pogge on their faculty is mind-boggling, and is a main reason chose not to do my PhD there. Isn\u2019t there anything the philosophy department can do to remove Pogge from his position? 0 Reply Former Yale grad \uf086Reply to \uf017 8 years ago Honestly don\u2019t think they can get rid of him. He has tenure think many people would like to. Having been a grad student at Yale can say that he is almost totally absent from the philosophy department and has been for years. In my whole time there didn\u2019t speak with him a single time, and was in the same room as him maybe three or four times. He is too busy with all his international projects and lectures to take an active part in the department. He finds grad students or faculty from other departments to \u201cco-teach\u201d his classes with him and/or runs them as \u201cseminars\u201d where outside speakers come and lead the discussion every week. 0 Reply A9 grad Postdoc \uf086Reply to \uf017 8 years ago But is he teaching or advising undergrads or grads in any form? If he is and the (multiple, convergent) accounts are true, Yale is putting students at risk. That\u2019s on Yale. And tenureds can be fired for SH, so that\u2019s no excuse. 0 Reply Former Yale grad 87 Member of Yale Community \uf086Reply to \uf017 8 years ago Sure, but there are procedures to go through, and they\u2019ve been used. They reached the wrong result, but even if that\u2019s obvious from a bystander\u2019s perspective, it makes it very unclear (to me at least) what can be done to get rid of him think what the article said Jason Stanley did\u2013ask for people with complaints against Pogge to let the relevant parties at the university know, so that they can go through the process again (hopefully reaching the right result)\u2013is the best we can do in the meantime. 0 Reply Postdoc Former Yale grad \uf086Reply to \uf017 8 years ago Just to be clear wasn\u2019t offering my comment as a purported justification of why the situation is agree that it would be *much* better if Yale\u2019s philosophy department could remove him from his position and with it the little teaching and advising he does do for the department itself (pretty much no graduate advising within philosophy now \u2013 after the story broke a couple of years ago, students just don\u2019t choose to work with him anymore and some of his existing students switched advisors). The fact that Pogge contributes so little to the department in the way of service, teaching, involvement etc only underscores how little he has contributed alongside all the harm he has done. My point was that because of all of this, many folks in the philosophy department would see getting rid of him as a good thing in pretty much *every* respect, if it could be achieved. Unfortunately, however think Member of Yale Community above is right; although universities can remove tenured professors when it finds them guilty of sexual harassment, none of this can be done by the philosophy department unilaterally. 0 Reply Postdoc Postdoc \uf086Reply to \uf017 8 years ago Former Yale grad 87 Ah didn\u2019t take your explanation to be a defense of the current situation, Former Yale Grad was just trying to clarify the extent of his absenteeism and particularly, whether he has formal responsibilities for students. And also appreciate that perhaps now, nothing can be done, barring further complaints coming forward. But we can still blame Yale as a whole for apparently screwing up on a very important issue, even while recognizing that the philosophy department\u2019s hands are tied, at least as of now. But going forward would hope that Pogge\u2019s tenured status would not protect him from any credible, future complaints (again do not take you to be opposing this, Former Yale Grad!). Here, Yale would do well to learn something from the recent embarrassment Berkeley suffered when it came to surface that they systematically abstained from seriously punishing tenured sexual harassers: uardian.com/us-news/2016/apr/06/uc-berkeley-staff-sexual-harass ment-scandal. This scandal has led to the resignations of some of those who gave the sexually harassing profs a pass. 0 Reply recent grad \uf017 8 years ago The grooming is so gross. 0 Reply David \uf017 8 years ago philosopher loves the Tartars so as to be spared having to love his neighbors\u201d \u2014 Rousseau 0 Reply Jane Baldinger \uf086Reply to \uf017 8 years ago David 87 David, What did Rousseau do with his own 5 children born from a woman \u2018Mistress\u2019 that he never married? Gee, what\u2019s her name even can\u2019t remember? 0 Reply Doc Emeritus \uf017 8 years ago Where there is smoke there is fire, but sans a more thorough investigation (maybe this was thorough, but can\u2019t tell from the article suspend judgment. Sexual harassment claims can be made in reaction to not getting a perk or fellowship, etc\u2026 and are hard to refute. On the other hand, these seem pretty justified and ought be followed up in a more in depth investigation to be fair to everyone involved have no idea of the character of anyone involved and am just commenting on being sure to be fair to both claimed victims and potential violators. We sometimes tend to go off too soon and accept guilt. But if guilty, throw the book at him am sick of hearing of professor- student relations, harassment, etc\u2026that gives all of us who would never get near any of this hanky-panky (most professors know) in a bad light. 0 Reply axolotl \uf017 8 years ago Buzzfeed describes Pogge as a protege of Rawls. Rawls may have been one of his thesis supervisors, but Pogge was not his \u201cprotege.\u201d 0 Reply Alex \uf017 8 years ago Pretty disappointing to me, as someone who has chosen abstinence over guile without a second thought for most of my adult life. It is still very easy to reconcile my disgust concerning the allegations with my admiration of his work, as I\u2019m a reasonably 87 educated adult do not have to like someone personally to appreciate their work\u2026 then again, there was a popular petition that circulated to keep a sex-offender\u2019s awful spy novel from being printed, so maybe am underestimating peoples\u2019 capacities to separate people from their works. Honestly feel bad for all parties involved because regardless of his apparently reptilian nature, Pogge is still a person who has poured a great deal of time into something which is now going to be irrevocably tarnished as a result of his own doing. Maybe it is because have struggled with my own self-destructive behaviors, but appreciate how uniquely awful it is to be sitting amid the rubble knowing that it was all my doing. At least he got to do something meaningful with his life before pissing it away by being weak suppose. 0 Reply \uf017 8 years ago Should we separate the person from their work though do wonder. If meet someone and find out that they are intellectually dishonest or lazy, it seems perfectly reasonable to wonder whether that impacts how they write their papers. In some cases think it is pretty darn clear that it does, and think it is reasonable to change one\u2019s interpretation of their work accordingly. If the allegations about Pogge are true, it is hard for me not to see his behavior as reflecting both a moral and intellectual failing. If he cannot see, or acknowledge, the blindingly obvious conflict between his purported views and his behavior, then he is failing to apply reasonable moral principles to a particular case\u2014himself (a common exclusion among philosophers, it sometimes seems). They say the personal is political. I\u2019d like to see a compelling reason for why it isn\u2019t philosophical as well. 0 Reply Alex \uf086Reply to \uf017 8 years ago To be clear, you are saying that even if an argument is absolutely air-tight, because its speaker has severe defects, that is grounds for dismissal? Are you honestly unfamiliar with the genetic fallacy know that the West is the new 87 Rome, but it seems baffling to me that am on this website and have someone trying to pass off an argument that is predicated on a fallacy and, even more baffling, six have approved. Do you people refuse the beauty of Wagner\u2019s music too? Absurd. 0 Reply \uf086Reply to \uf017 8 years ago Alex, Thank you for replying am pretty sure that is precisely not what am saying, and agree that would be an absurd position. Setting aside whether arguments are ever \u201cair-tight take it the cases have in mind are ones where argumentative strengths are more indeterminate. And am suggesting that in some such cases knowledge about a philosopher as a person might help interpret someone\u2019s work (e.g. why they responded to that objection in such an odd way; why they think it is fine to assert as true a rather controversial thesis, etc.) . And perhaps, the current situation with Pogge might be one of those cases (perhaps). 0 Reply Alex \uf086Reply to \uf017 8 years ago JBR, you are really considering two separate questions: (1) Should our assessments of persons bear on our assessments of their positions and arguments? (2) Should our assessments of moral value bear on our assessments of philosophical/intellectual value? I\u2019m willing to grant that the answer to (2) is \u2018yes\u2019, regardless of whether the object of evaluation is a person or an argument. Personal moral failings can also count as personal intellectual failings. We can say that Pogge should have known better than to exploit power relations unjustly, just as we can say that Jefferson should have known better than to participate in slavery. Plausibly these personal moral failings count against the personal intellectual reputations of these individuals. Perhaps it can also be legitimate to say that an argument is philosophically defective, on the grounds that it is morally defective. I\u2019m doubtful about this, but I\u2019ll grant the point for 87 argument\u2019s sake think the answer to (1) is still clearly \u2018no\u2019. The fact that the author of a philosophical argument may be morally or intellectually defective \u2013 or may personally behave in a way that is hypocritical, given what they themselves have argued \u2013 simply doesn\u2019t establish anything about the merits or demerits of the argument itself. That\u2019s why we teach our intro students that they should avoid genetic, ad hominem, and tu quoque fallacies, and that criticizing a philosophical argument requires that we actually engage the argument itself, to show precisely where it goes wrong. Your recommendation that one should reassess philosophical work in light of whether one judges its author to be \u201cintellectually dishonest or lazy\u201d, and that one should \u201cchange one\u2019s interpretation of their work accordingly\u201d, is, ironically, itself an endorsement of intellectual dishonesty and laziness of an especially pernicious kind, and it runs directly contrary to basic principles of good philosophical practice. Suppose were to adjust the grades on my students\u2019 final papers, in light of my independent assessments of their philosophical abilities, based on personal interactions in class and in office hours. Even if I\u2019m highly reliable at making those assessments, and even if they are highly predictive of the quality of the work my students submit, it would still be outrageous \u2013 a gross abdication of my duty as an instructor \u2013 for me to adopt such a grading policy can\u2019t see any reason why the analogous point shouldn\u2019t hold in the professional sphere. 0 Reply \uf086Reply to \uf017 8 years ago LJF, Thanks for the reply took myself to be concerned with (1) and not (2). And note that did not mention an argument per se asked about interpreting someone\u2019s papers, which contains arguments, and dialectic structure, etc (and \u201cviews\u201d more generally think our default is that what goes into papers is carefully considered; it is there for \u201cphilosophical\u201d reasons. But sometimes these reasons are not really philosophical. For example, if the reason is that someone is chronically uncharitable in how they interpret the ideas of people that disagree with them, then learning that about the person that wrote a paper might help make sense of how/why they represent a philosophical dialectic in a particular way, or why they completely ignore important objections that are well-known 87 As far as charges of dishonestly or laziness am quite aware that what am wondering about would not say endorse) seems to be in tension with an aspect of good philosophical practice. And agree it would be wrong to not grade or review papers in a disinterested fashion. But am not sure about your analogy. Note we of course see no problem in considering one paper in light of what an author says in another paper, when we are trying to understand someone\u2019s views (e.g. when writing our own papers!). So we do not read papers in a vacuum. And if am deciding whether to hire someone will probably use all the information have available, and in that case, read their written work both on its own merits, but also in light of my background knowledge (gained from personal interactions, discussions, etc think these sorts of cases are more analogous to what have in mind. But to return to my rhetorical comment: is the personal (sometimes) also philosophical take it that if it is, then it perhaps should be of consequence when doing philosophy (but not always; e.g. when reviewing papers). 0 Reply \uf086Reply to \uf017 8 years ago agree of course that we need not read papers in a vacuum \u2013 it makes sense, when trying to interpret the view being put forward in a piece of philosophical work, to consider other information we may have about what the author thinks. (For instance, we might cite a personal communication from the author that sheds light on the reason for what might otherwise seem like a puzzling gap in an argument.) It is possible that such considerations could ultimately lead us to condemn a piece or a body of work as both morally and philosophically defective gather something like this is true in the case of the recent Heidegger controversy. But the claim there is that informed interpretation of Heidegger\u2019s philosophy confronts us with a view that is itself objectionable, independently of any opinions we have about Heidegger as a person. (The claim is not that Heidegger is antisemitic, therefore he is intellectually defective, therefore we should read his work as the work of someone who is intellectually defective. That would be unreasonable. The claim is that we have good reason to interpret his philosophy as itself antisemitic, and that this is a moral and philosophical defect of his work 87 It would be fine to recommend that we use all available relevant information to properly interpret the view being put forward in a piece of philosophical work, and then critically assess that view, so interpreted, on its merits. But independent personal judgments to the effect that someone is intellectually dishonest, lazy, or uncharitable do not plausibly bear on the interpretation of someone\u2019s view, because they are little more than generic negative appraisals \u2013 to use such judgments to inform our interpretation of what an author is saying would just be to invert the principle of charity. That\u2019s bad practice. If your experience with a person leads you to expect that their work will be of poor quality and probably isn\u2019t worth reading, fine. But if you choose to critically engage with that work, your prior expectations of poor quality are quite beside the point. If you want to argue that an author\u2019s work is poor, you have to point out the flaws in the work itself. Now, certainly the flaws in a work can be illuminated by considering them in the context of the rest of what we know about the author\u2019s views and commitments. We might attempt to make sense of what an author could possibly have in mind in a given passage by recalling a eccentric view they once expressed in person, a view that we may think is wrongheaded but which could explain their otherwise puzzling inference. That\u2019s just interpretation in accordance with the principle of charity, and it may help us to identify specifically where and how the author has gone wrong. But if we find a passage inexplicable, and we recall that, well, the author previously struck us as intellectually dishonest and lazy anyway, that observation adds nothing of value to our interpretation of the work. 0 Reply \uf086Reply to \uf017 8 years ago Hi LJF, Thanks for the thoughtful response. Please excuse me for not giving a more substantive reply will just say that think this passage: \u201cThat\u2019s bad practice. If your experience with a person leads you to expect that their work will be of poor quality and probably isn\u2019t worth reading, fine. But if you choose to critically engage with that work, your prior expectations of poor quality are quite beside the 87 point. If you want to argue that an author\u2019s work is poor, you have to point out the flaws in the work itself.\u201d Is interesting, because the latter is not quite what had in mind think. But will leave it at that. Thanks again. 0 Reply ContingentSoCal \uf017 8 years ago think his work may be fine \u2014 but imagine seeing it cited would be a serious harm to those victimized by him. There are enough smart people saying enough smart things to cite \u2014 some even in his secondary literature. I\u2019ve worked on his material before won\u2019t be citing him in written work again. 0 Reply Arthur Greeves \uf086Reply to \uf017 8 years ago don\u2019t understand this comment, at all. There is no serious harm to seeing your abuser\u2019s name mentioned in print. Supposing there is some harm caused, moreover, the harm does not proceed from the author who cites the abuser; it is caused by the abuser. There is reason not to mention an abuser in a casual conversation with a victim, even if your mention has nothing to do with the abuse. However, there is no reason not to mention the abuser in a public work which one anticipates victims might read. Citing a person\u2019s work is not an endorsement of their conduct. 0 Reply ContingentSoCal nothankyouplease \uf086Reply to \uf017 8 years ago \u201cThere is no serious harm to seeing your abuser\u2019s name mentioned in print wonder what makes you think this is (so obviously) true, but fwiw in my own experience this is false. There is serious harm in seeing your abuser treated as an otherwise normal member of the profession. This is so at least partly because treating abusive individuals as otherwise normal members of the profession signals to victims that their abuse is irrelevant to the proper functioning of the Arthur Greeves 87 profession. This is particularly so when the harms perpetrated against you and others is an \u201copen secret\u201d, or widely acknowledged. just my two cents. 0 Reply Arthur Greeves \uf086Reply to \uf017 8 years ago If there is an \u201copen secret\u201d, then someone needs moral courage to pursue justice. If no one pursues justice, then all we have are rumors, and no one should avoid citing another person because of rumors. Of course, the justice system must not be rigged against either accuser or accused. If it is rigged against the accuser, then some amount of vigilante justice seems justifiable, which could include avoiding citing the person. This could also be justified if you very much trust an accuser, for epistemically valid reasons. But still question the severity of harm never denied *some* mental distress, but just don\u2019t see how this distress would be severe, unless there were something else going on feel the same way about \u201ctriggers\u201d in classes. The more we develop a \u201cpolicing\u201d culture, in academia \u2014 a culture that controls what you can say, who you can cite, and so on \u2014 the further away we move from genuine inquiry. Kindness is one important value in inquiry, but it is not the only one. 0 Reply nothankyouplease somephilosopherorother \uf086Reply to \uf017 8 years ago Arthur, because of your name, I\u2019m assuming you\u2019re male. Because sexual harassment and assault of men is much rarer than is harassment and assault of women, I\u2019m going to assume you\u2019ve not been harassed or assaulted know could be wrong about this, so if am, please correct me). If you\u2019ve never been harassed or assaulted, you\u2019re in no position to make claims about how or whether it could harm a victim to see their victimizer discussed in their discipline or to be exposed to potentially triggering material. Two claims here, and I\u2019m making both: (i) you\u2019re in an epistemically very poor position to be making broad claims about these issues, Arthur Greeves 87 one that does not meet even minimal standards of assertion, and (ii) in making such claims, you are disregarding the testimony, here and elsewhere, that it be extremely harmful to victims to see their abusers professionally valorized or to be exposed to triggering material. TL;DR: Mansplaining to sexual harassment victims how they are or are not impacted by harassment not cool. 0 Reply John Turri \uf086Reply to \uf017 8 years ago \u201cIf you\u2019ve never been harassed or assaulted, you\u2019re in no position to make claims about how or whether it could harm a victim to see their victimizer discussed in their discipline or to be exposed to potentially triggering material.\u201d This is way too broad and, ironically, devalues the power of victims\u2019 assertions. I\u2019ve never been harassed or assaulted in this way. And yet know based on introspection and testimony that such harms could occur. The same is true for many others get that you\u2019re ultimately interested in contesting that people without relevant experienced could knowledgeably *deny* certain things. But it\u2019s probably best to do that without saying things that literally entail that victims can\u2019t inform other people about what happens (such that the latter can thereby know and, in turn, inform others). 0 Reply somephilosopherorother somephilosopherorother \uf086Reply to \uf017 8 years ago should\u2019ve said that someone who has not been victimized is in not in a position to make claims based on their *self- derived* assumptions about what it would be like to be a victim. Of course testimony is important, but Arthur Greeves\u2019 claim conflicts with testimony in this very thread and isn\u2019t somephilosopherorother 87 derived from any other testimony, so far as can tell. It appears to come from his own assumptions about what it is like to be a victim, assumptions not rooted (I\u2019m supposing) in ever actually having been a victim. TL;DR. Ok, but it\u2019s still mansplaining. 0 Reply Arthur Greeves \uf086Reply to \uf017 8 years ago You seem to think we are talking about a small, tightly-knit community of like-minded people agree that, in such a community, speaking about an abuser as if they were a member of the community could be deeply harmful. But don\u2019t see academia that way. It\u2019s not a community, much less a tightly knit one. Perhaps people consider it a community, and expect others to be like-minded. But academia only becomes a community of like-minded people D\u2019ETRE. An academic culture where no one can talk about Hitler \u2014 for fear of triggering his victims \u2014 is no academic community at all. We can only combat seriously problematic ideas by taking them seriously. If we become primarily a community of people being kind to each other, then we lose the ability to vigorously search for the truth. That said think was wrong when said, \u201cThere is no serious harm to seeing your abuser\u2019s name mentioned in print\u201d, and thank you for correcting me. My point, on reflection, is not so much that the harm is necessarily not serious, but rather that (a) the harm is caused by the abuser, and (b) that, in some cases, we cannot remove the harm without compromising the search for knowledge. 0 Reply somephilosopherorother John Turri \uf086Reply to \uf017 8 years ago somephilosopherorother 87 \u201csomeone who has not been victimized is in not in a position to make claims based on their *self-derived* assumptions about what it would be like to be a victim.\u201d Too strong again. Empathetic people can be and indeed have been in a position to make such claims. 0 Reply John Turri \uf086Reply to \uf017 8 years ago have two questions about what it means to treat someone as \u201can otherwise normal member of the profession condemn the behavior described in the article quoted in the original post believe that further investigation is called for. Based on what know right now would oppose my department making an offer to Pogge, if the issue ever arose. (To be clear, it has not would strongly advise my daughter to not study with Pogge. (Again, to be clear, this is not currently a live prospect could go on listing other condemnatory attitudes. Despite all that, if my thinking on an issue was influenced by Pogge\u2019s published work would cite it. Indeed, it would be a violation of academic integrity to not cite it. Now, it just so happens that, given my research focus, my thinking has not been influenced by Pogge\u2019s work. But suppose it was and cited him for that reason. Would that count as treating him as an \u201cotherwise normal member of the profession\u201d? Would it somehow imply that serious abuse of young members of the profession is \u201cirrelevant to the proper functioning of the profession\u201d? To my mind, this would count as acknowledging an intellectual debt and *in that one respect alone* treating Pogge as he deserves to be treated. It does not speak to how do or would treat him in any other professional capacity or context. Nor does it reveal anything about what believe is relevant to the proper functioning of the profession, except my belief that intellectual debts should be acknowledged. 0 Reply nothankyouplease 87 nothankyouplease \uf086Reply to \uf017 8 years ago Hi Turri, thanks for your thoughtful response take your point think there are serious considerations in both directions with respect to citing known predator\u2019s work in your own research guess tend to think (maybe wrongly) that it\u2019s likely fairly rare that one absolutely must, for the sake of intellectual integrity, cite the work of a known predator. (Really? That work is *absolutely critical* to the development of your ideas? Well, okay then. Cite away suppose.) But the comment that was responding to referred to seeing one\u2019s abuser\u2019s name in print, and had in mind a host of relevant professional considerations. One way of seeing your abuser\u2019s name in print is to see his or her name on a conference poster, another is to see that they\u2019ve been invited to contribute to a volume. My general point was about treating abusive individuals as otherwise normal members of the profession in this broader sense hope that clarification helps. 0 Reply John Turri Arthur Greeves \uf086Reply to \uf017 8 years ago \u201cReally? That work is *absolutely critical* to the development of your ideas? Well, okay then. Cite away suppose.\u201d Did you think was claiming that people should frivolously cite Pogge, as an afterthought was saying that people should cite him if his arguments are relevant to their thesis. Apparently you agree with me. 0 Reply nothankyouplease David Wallace \uf086Reply to \uf017 8 years ago think conversations like this display a very odd approach to the scholarly function of citation. In lieu of argument, here\u2019s a narcissistic reposting of my comment on this from a couple of years ago: nothankyouplease 87 The referee criticises my paper for poor scholarship, noting that (a) Teleparallel logic, the central theme of the paper, was in fact introduced in Bloggs (1997) and that my listed source is simply a review paper discussing Bloggs\u2019 work. (b) The main technical result in the paper is a fairly straightforward corollary of results presented in Smith (2008). (c) My paper does not engage with or mention Jones\u2019 (2011) proof that teleparallel logic is inconsistent. However, all of these omissions are justified. With regard to (a), Bloggs left the University of Arkham in murky circumstances and some disgrace after accusations of sexual harassment; to give further citations to his work would only serve to strengthen his already unjustifiable position in the discipline. As for (b have refused to engage with any of Smith\u2019s work since it became clear from blog discussions that he has a well-established track record of sexual relations with graduates and possibly even undergraduate students: it is by continuing to tolerate people like Smith and by engaging with their writings that we perpetuate the inappropriate environment of current philosophy should assure the referee that came across Smith\u2019s results independently, and indeed only knew that Smith had essentially proved them already when reading this report!) Finally, Jones has been a longstanding and outspoken supporter of the Israeli occupation of Gaza, and I\u2019m frankly a little shocked that the referee even suggests that engage with the work of this reprehensible person, whatever its merits on narrow academic grounds. In short believe that the referee\u2019s comments, while no doubt well- intentioned, trade on an overly narrow conception of scholarship inappropriate in the contemporary academic world, and ask the editors to reconsider their decision not to publish. 0 Reply Izzy \uf086Reply to \uf017 8 years ago think we should make an important distinction. It\u2019s one thing to choose not to engage with someone\u2019s work who you know to be guilty of great harms and who you do not wish to empower professionally. It\u2019s another when you have been influenced by a David Wallace 87 philosopher in the past, prior to your knowledge of their harms, and are seeking to publish something inspired by that work, which is the kind of case that take it John has in mind. In that case, it seems to me you should either abandon the project or cite them. 0 Reply \uf086Reply to \uf017 8 years ago Poe\u2019s law strikes again\u2026 Given that David Wallace is an intelligent person with degrees in both philosophy and physics am going to go out on a limb and assume that he is not a Stalinist. 0 Reply David Wallace David Wallace \uf086Reply to \uf017 8 years ago The fact that there\u2019s no such thing as teleparallel logic also supports this reading. 0 Reply Donald P. Wyatt \uf086Reply to \uf017 8 years ago \u201cThere is serious harm in seeing your abuser treated as an otherwise normal member of the profession\u201d So what are you proposing, then law that forbids people who mistreated you to be employed by anyone? Life in prison? The death penalty? 0 Reply nothankyouplease Philomena, Yale '10 \uf086Reply to \uf017 8 years ago Mr. Greeves\u2013 Arthur Greeves 87 Different people\u2019s triggers can manifest differently. One person with a trauma history may have panic attacks or flashbacks on seeing their abusers name in print; another may not have personal, academic, and clinical experience dealing with trauma, including sexual trauma. As such would like to kindly caution you against assumptions and blanket statements, and invite you to ask me any question you think may help you understand better. 0 Reply Philomena, Yale '10 \uf086Reply to \uf017 8 years ago With regard to sexual misconduct and professionalism invite you to read Dylan Farrow\u2019s haunting open letter to Hollywood, published in the on Feb. 2, 2014. In it, she writes the following, addressing actors who have worked with Woody Allen: \u201cWhat if it had been your child, Cate Blanchett? Louis CK? Alec Baldwin? What if it had been you, Emma Stone? Or you, Scarlett Johansson? You knew me when was a little girl, Diane Keaton. Have you forgotten me?\u201d What often happens to sexual misconduct victims is they are driven out of their community. We do not live in a world that is in any way kind to victims. Even if you never speak out, you must either remove yourself from the community, or live in the abuser\u2019s world. The irony is that even if you attempt the former, it only reifies the latter. Allen\u2019s \u201calleged\u201d rape of Dylan has been common knowledge since 1993, but, as she says, the film industry has chosen to \u201caccept the ambiguity\u201d as she puts it, or, as put it, to feign neutrality. But, as Desmond Tutu says, when an elephant has its tail on the foot of a mouse, the mouse will not appreciate your neutrality. To remain neutral is to tacitly join the side of an abuser. When a profession turns a blind eye to disgraceful or evil actions of its members\u2013 even and especially its prominent ones\u2013they send a message to that person\u2019s victim(s) and to other victims that they are not believed, and that as such they cannot both be a victim and be welcome in that community. Martha Nussbaum has placed Pogge on her personal blacklist for a reason, a reason she\u2019s specifically stated: she wants women to know that philosophy can be a place where they will be welcomed and supported by their peers, and protected from violence by their colleagues. If were an actor would refuse to work with Woody Allen; if were a philosopher would choose not to support the work of someone who has harmed others. If what Joshua Cohen told me is true, that Arthur Greeves 87 Pogge\u2019s reputation is entirely undeserved and he is revered mostly out of political correctness, then suspect the field will suffer not at all if he is never cited again, except as an example of the insidious nature of false idols in ivory towers. 0 Reply \uf086Reply to \uf017 8 years ago am not a philosopher but have some read some of Pogge\u2019s work. It is notable in my view for the way it tries to connect philosophical and moral arguments with empirical material, i.e. important facts about the world, and also for the way it reaches out to disciplines beyond philosophy think Pogge has raised issues of great importance about, for example, the connection between the working of the global economy, int\u2019l institutions, and extreme poverty. As said am not a philosopher and therefore will not presume to judge his work as technical philosophy. But judge his work highly for its effort to engage with issues that affect the lives of hundreds of millions of people. Some other philosophers also do that, but think it\u2019s not all that large a group. The allegations against him, if true, show that his personal behavior has been reprehensible and disgraceful. It will of course affect my judgment of him as a person, but don\u2019t think it will affect my judgment of his work. 0 Reply Philomena, Yale '10 Philomena, Yale '10 \uf086Reply to \uf017 8 years ago To continue my analogy, I\u2019ll point out that Woody Allen\u2019s work is, as you say, notable. He is considered an ingenious film-maker. He also raped his 7-year-old step-daughter, and Hollywood\u2019s turning a blind eye to that fact effectively sends the message that Dylan and her rape do not matter. The term is overused, so think people forget what it means hostile environment is one in which a person\u2019s very human dignity is under deliberate and active attack. When a predator like Pogge is given more respect in the field of philosophy than the very humanity 87 of his victims, then the field of philosophy has become a hostile environment. It isn\u2019t a theoretical, or dare say, philosophical dilemma about separating the man from his work. It\u2019s just how the phenomenon works. When this phenomenon happens consistently across fields, professions, and domains of our world, then it becomes a hostile world can assure you that we victims live in a very hostile world. 0 Reply Jane Baldinger \uf086Reply to \uf017 8 years ago YOU\u2026Philomena beautifully said. That \u201cBlind Eye witness regularly, as sexual abuse apologists of all varieties, (male and Female) will roar bloody hell when their options of entitlement are threatened of challenged. 0 Reply Philomena, Yale '10 Jane Baldinger \uf086Reply to \uf017 8 years ago challenged 0 Reply Jane Baldinger Simon \uf017 8 years ago The question of how this incident would\u2014or should\u2014affect the way we approach his work reminds me of the similar question regarding Heidegger. 0 Reply \uf086Reply to \uf017 8 years ago Simon 87 In a nutshell, the Heidegger controversy assume you\u2019re referring to the Black Notebooks) was caused by the revelation of just how deeply his antisemitism influenced or was otherwise entwined with his philosophical thought. Unless and until we find evidence of Pogge\u2019s harmful behaviour not only somewhere in his work (Heidegger\u2019s Nazi sympathies were never a secret) but entwined at the core with his philosophical views find it to be quite a different case. This relates to the comments of Alex and also. Extracting the person from their work is possible (even for reasonable adult human beings) if that extraction can plausibly be made. In the case of Heidegger, it became obvious to many that this was no longer the case (recall: s/). Off the cuff can see no similar reasonable conclusion here. The question then becomes the more difficult one of how to deal with the views of an influential yet morally repugnant author. The fact that the offence here is obviously worse than the usual academic mishaps still makes it qualitatively different from the Heidegger case am inclined to think it is also qualitatively different from the case of a merely unlikeable colleague. (This does not think, exclude other possible sanctions, such as that mentioned by ContingentSoCal.) 0 Reply Phoenix, son of Amyntor \uf017 8 years ago think the thing to note here is the Herculean effort it takes on the part of victims to convince anyone that there is even a stench in the Augean stables realize that the standard response is \u201cWell, these things are hard to prove\u2026\u201d, but that explanation falls way short in accounting for administrative resistance. It is not just that Colleges and Universities act as though every professor has sovereign immunity; they also act as though every victim must prove themselves before they are even given a hearing. 0 Reply \uf086Reply to \uf017 8 years ago See also the toxic counter-opinion that \u201cSexual harassment claims can be made in reaction to not getting a perk or fellowship, etc\u2026 and are hard to refute.\u201d Phoenix, son of Amyntor 87 0 Reply WikiLeaks \uf017 8 years ago I\u2019m curious if others have noticed the movement on his Wikipedia page \u2013 the allegations keep getting posted and removed. Is it considered libelous in the (or, at least, by Wikipedia employees) to discuss these allegations qua allegations? If so, does anyone know why? 0 Reply Merely Possible Philosopher \uf086Reply to \uf017 8 years ago think that this is just an artifact of Wikipedia\u2019s policy on biographies of living people (htt ps://en.wikipedia.org/wiki/Wikipedia:Biographies_of_living_persons). In general, they are fairly conservative with what they allow in. For example, this policy \u201cIf you cannot find multiple reliable third-party sources documenting the allegation or incident, leave it out.\u201d could have been ruling this out (though there is now at least the Yale Daily News article in addition to the Buzzfeed article, so the edit wars will probably continue). 0 Reply WikiLeaks Postdoc \uf017 8 years ago just now read the original article, and the details are truly disturbing. Worth reading the whole thing. 0 Reply Crimlaw \uf017 8 years ago Does anyone even understand the Title complaint against Yale concerning the non- Yale students that Pogge is alleged to have pursued would appreciate any 87 explanation of what this part of the complaint amounts to in this situation. 0 Reply Philomena, Yale '10 \uf086Reply to \uf017 8 years ago Read the complaint document that is attached to the Buzzfeed article. 0 Reply Crimlaw Crimlaw \uf086Reply to \uf017 8 years ago did read the complaint. That\u2019s why asked my question. 0 Reply Philomena, Yale '10 Philomena, Yale '10 \uf086Reply to \uf017 8 years ago Sorry. Then I\u2019ll clarify: Title prohibits discrimination on the basis of race, color or national origin. Thomas Pogge targets women who are of Asian or Latina descent, and often specifically women who hail from the very impoverished nations he claims to champion. Fernanda is from Honduras. Aye is from an impoverished Southeast Asian country. The complaint makes reference to a 21-year-old Chinese student. There are others who do not wish to come forward publicly. Yale had knowledge of this, some from evidence provided by Aye, and some from before. The complaint says that by knowing of Pogge\u2019s actions and failing to stop them, Yale violated Title by permitting discrimination based on race and national origin to occur. 0 Reply Crimlaw 87 Crimlaw \uf086Reply to \uf017 8 years ago How many Yale students is Pogge alleged to have discriminated against in this way? Additionally, is part of the idea that Yale is potentially vulnerable because of Pogge\u2019s alleged treatment of non-Yale students? 0 Reply Philomena, Yale '10 Philomena, Yale '10 \uf086Reply to \uf017 8 years ago don\u2019t know how much of this you already know or not, so forgive me if this isn\u2019t new to you. The \u201cTitles\u201d are elements of the Civil Rights Act of 1964. It says that an institution that violates these standards of non- discrimination is not eligible to receive federal funding complaint on these grounds is filed with the Office for Civil Rights (OCR). If investigators find that an institution has failed to adhere to these standards in even one instance, that institution becomes ineligible to receive federal funding. For these purposes \u201chow many Yale students\u201d isn\u2019t a relevant question. The argument is simply that Pogge discriminated and Yale allowed it, ergo, Yale violated Title VI. Similarly, as for your second question, it\u2019s not about which populations are or are not vulnerable. It\u2019s about whether or not Yale violated the Civil Rights Act in either discriminating directly or indirectly by allowing discrimination to occur. 0 Reply Crimlaw Crimlaw \uf086Reply to \uf017 8 years ago This isn\u2019t new to me. I\u2019m not sure what you mean by saying that my questions aren\u2019t \u201crelevant\u201d \u2014 is it not ok to ask the questions if you Crimlaw 87 don\u2019t think they are relevant assume you understand that if things go far enough it eventually will be up to the presiding judge to decide what questions are relevant. It certainly will not be up to me or to you. If the \u201cargument\u201d you gesture at is the legal argument then am confident that the Title strand of the case appears to have a more secure basic legal foundation than this Title \u201cargument\u201d does. Perhaps am mistaken. 0 Reply Philomena, Yale '10 \uf086Reply to \uf017 8 years ago Of course it\u2019s okay to ask the question, but for the purposes of the complaint, the number of Yale students Pogge has targeted based on national origin doesn\u2019t matter. If it happens even once and Yale could have stopped it but didn\u2019t, that\u2019s the violation investigations are conducted by fact finders and outcomes determined by the Office based on these findings. There are no judges or courts of law. For a judge to become involved, the matter would have to be taken out of the domain of a Title Vi or investigation. 0 Reply Crimlaw Kathryn Pogin \uf086Reply to \uf017 8 years ago Given that Yale\u2019s policies allow for third-party complaints, I\u2019m not sure how far the \u201cthese individuals were not Yale students\u201d defense can go in protecting them from either a Title or a Title complaint. 0 Reply Crimlaw Crimlaw 87 \uf086Reply to \uf017 8 years ago If the answer to \u201chow many Yale students has Pogge discriminated against?\u201d is, just for example, \u201c50\u201d then that question and answer are highly relevant aren\u2019t they? This is not to say that Yale might not be responsible even if the answer is \u201cjust one\u201d. Yale policies do allow for \u201cthird party complaints\u201d in one sense of that phrase. This doesn\u2019t show that Yale is responsible for any and all discrimination Pogge allegedly engaged in no matter the connection of the alleged victim(s) to Yale. I\u2019ll clarify for those who seem to want to read lots of things into my basic questions: i\u2019m offering no \u201cdefense\u201d of Pogge of any kind don\u2019t know nearly enough about the situation to defend or attack him at this point. I\u2019ll leave that to those of you who have such knowledge. 0 Reply Crimlaw Philomena, Yale '10 \uf086Reply to \uf017 8 years ago Whether you intend it or not, by questioning the viability of the complaint, you are concern trolling. 0 Reply Crimlaw Kathryn Pogin \uf086Reply to \uf017 8 years ago Of course, but (i) the policies explicitly set out procedures for when complainants are neither current nor former members of the Yale community (which is to say, the university policies seem equally concerned with discriminatory conduct directed at members of the Yale community and discriminatory conduct of Yale community members towards others which occurs in their capacity as members of the Yale community), and (ii) if, for example, Yale does not regularly decline to take Crimlaw 87 third-party Title complaints, and when they do so it seems correlated with race or national origin, then it does seem as if there may be a case that the complainants were subject to differential treatment. Also don\u2019t know if the \u201cdefense\u201d comment was directed at me, but never said nor implied that you were defending Pogge. My use of the term \u201cdefense\u201d regarded what Yale might say in response to the Title and Title complaints. 0 Reply Crimlaw \uf086Reply to \uf017 8 years ago If you think it\u2019s \u201cconcern trolling\u201d to ask questions about the complaint then I\u2019m happy to be a \u201cconcern troll\u201d in your sense. As far as can tell, there are some clear strong points in the complaint and some clear weak points too. There are also many parts of the complaint that am in no position to assess. If that evaluation makes me a \u201ctroll\u201d of some sort then again, I\u2019m happy to join the many other \u201ctrolls\u201d who don\u2019t find it immediately clear from this complaint that Yale is in violation of federal law or that Pogge should be fired under Yale policy. 0 Reply Crimlaw Postdoc \uf017 8 years ago One important aspect of this case that has not been mentioned yet is that Pogge is accused of specifically targeting non-American women of color. This is from the Yale piece: \u201c[Aguilar\u2019s] complaint also accuses Yale of violating Title VI, which prohibits race discrimination, as it alleges that Pogge targeted foreign women of color unfamiliar with the United States.\u201d And a question. Are there complaints against Pogge at the University of Central Lancashire or at Oslo\u2019s Centre for the Study of Mind in Nature? According to Wikipedia, he also holds appointments at those institutions. The article only mentioned Yale. 0 Reply 87 Philomena, Yale '10 \uf086Reply to \uf017 8 years ago Yes, but those involved declined involvement in any complaint against Pogge. 0 Reply Postdoc Izzy \uf017 8 years ago Regarding the citation discussion, the fact a given philosopher is alive and still in the institutional capacity to benefit from others engaging with their work should be considered. The fact that their victims are alive and/or active in the profession also should be a salient consideration. Locke was a slaver, but he is no longer alive and able to benefit from the power afforded by his profession, although descendants of his victims are alive further complication, as noted by above regarding Heidegger, is to what extent the philosopher\u2019s work substantively relates to their wrongdoings. In the case of historical figures like Locke and Heidegger, it seems a far more plausible case can be made (and is the view personally think is correct) that we should continue to study these figures, especially when they are guilty of great harms, although those harms should be not be hidden or ignored when assessing their work and its worth. 0 Reply \uf017 8 years ago Actually, there is a very straightforward way in which his behavior could affect the viability of his theory. Insofar as he grounds his ethical theory on intuitions the fact that he has behaved in such an immoral manner serves as as an undercutting defeater for his theory. That is, it shows that his capacity for moral intuition (if there be such a thing at all) is unreliable, and therefore should not be taken as strong evidence for his theory. Now must admit that am not familiar with his work, being a LEMMing, so do not know how much his theory actually relies upon appeals to ethical intuitions. Perhaps it almost entirely relies upon explicit argumentation and a few commonly 87 accepted principles, in which case his behavior should have little effect on whether we consider his theoretical claims to be true. 0 Reply Arthur Greeves \uf086Reply to \uf017 8 years ago One can act against one\u2019s moral intuitions. 0 Reply \uf086Reply to \uf017 8 years ago True, but rare. Usually people find a post-hoc way to justify what they\u2019re doing strongly suspect that this is the case with Pogge. It is not at all uncommon to take an extreme moral position in one regard as a way of compensating for one\u2019s moral failings in other regards. That\u2019s the problem with appealing to intuitions in moral theory. We\u2019really just too psychologically crooked when it comes to finding ways to justify our actions. 0 Reply Arthur Greeves Arthur Greeves \uf086Reply to \uf017 8 years ago \u201cTrue, but rare.\u201d Except in the area of sexuality. There are libraries full of examples of people indulging in \u201cguilty pleasures\u201d. Sure, they offer post-hoc rationalizations, but they are not stupid enough to think that these are genuine reasons, and they will often admit as much, in an honest moment. 0 Reply \uf086Reply to \uf017 8 years ago Arthur Greeves 87 That might be the case with cheating on one\u2019s spouse or eating an entire box of donuts, but it generally isn\u2019t the case with harassers or rapists. They typically think that it isn\u2019t a big deal and the other person is just being melodramatic, or that the other person led them on and deserves it. Note also that it doesn\u2019t even touch my point that his extreme views on poverty and charity are a way of overcompensating for his other failures. 0 Reply Justin Weinberg \uf086Reply to \uf017 8 years ago YAAGS, let\u2019s refrain from the psychotherapy, please. 0 Reply Author \uf086Reply to \uf017 8 years ago I\u2019d love to! So take it that you agree that we shouldn\u2019t use psychological states like intuitions as evidence for our theories? Because as soon as you do you make psychological facts regarding what goes on in philosophers\u2019 heads directly relevant to the evaluation of their theories. And to be blunt, Freudian psychoanalysis probably has about as much (if not more) scientific weight as the claim that we posess a faculty of rational intuition that gives us direct access to the moral truth. 0 Reply Justin Weinberg \uf086Reply to \uf017 8 years ago YAAGS, come on, man. I\u2019m requesting that you refrain from speculating in a certain way about Pogge\u2019s psychology while commenting on a blog post. This is because such speculations are typically evidence-free, often irrelevant, and, invite even worse comments the managing of which takes up Author 87 too much time. I\u2019m pretty sure that this request doesn\u2019t commit me to any determinate position about philosophical methodology. (If it makes you feel any better, though agree that we have all sorts of reasons to be concerned about philosophers\u2019 reliance on intuitions.) 0 Reply \uf086Reply to \uf017 8 years ago Justin know why you asked and did stop after you asked. To be fair, my point was never aimed at speculating about Pogge\u2019s actual psyche just had a methodological axe to grind. \ud83d\ude09 0 Reply Kathryn Pogin \uf017 8 years ago Another note on the citation issue\u2013while think the issue is complex, and how best to navigate it depends on a variety of factors also think it would be a shame if, for example, work like this was not written: lent_Husband_Violate_Human_Rights 0 Reply Timothy Stock \uf017 8 years ago I\u2019d encourage anyone coming to this issue, or following the discussion (which is needful) to spend some time on \u201cWhat it\u2019s like to be a woman in philosophy\u201d, which is mentioned in the BuzzFeed piece, and perhaps start with this one from February. http s://beingawomaninphilosophy.wordpress.com/2016/02/28/thoughts-from-an-assault-s urvivor-in-philosophy/ 0 Reply 87 paolo \uf017 8 years ago think there is no good solution to the problem of what to about the work of sexual harassers (or worse) in view of the continuing harm to the victims of their actions caused by the presence of their work in a given field. It\u2019s basically impossible to solve. What if the sexual harrasser is someone who discovered a procedure to cure cancer? or is a famous architect whose buildings are all around the world? It\u2019s part of the odious nature of this kind of behavior that it can continue to harm victims well beyond its occurrence. We cannot quite cease to engage with the work (if it is good) but we can cease to engage with the person (if he or she is alive). The harm was done by the person, not by the work (though, presumably, the work is usually not that irreplaceable). But all the more reason for prevention to be strong, and for people to take claims by victims seriously as quickly as possible and make it as \u201ceasy\u201d as possible for them to come out. So both sides are right \u2013 but it is a contradiction that is brought into the world by moral violation and it cannot be erased once there. But it can be eased by good will and compassion think. Two notes: 1) On the presumed innocent vs believing victims. These are not incompatible. We should believe victims and extend the our compassion, help, and understanding. If it is later proved false, the harm caused by doing so is none or minimal, especially if action is taken quickly and resolutely. To the alleged harasser- we do not need to extend compassion, help, or understanding to them. But we are required to treat them, until proved otherwise, as innocent \u2013 as a matter of principle. This is a rational requirement, not one of heart. If they are proved innocent, we can always extend them our compassion and help them recover at that point. Obviously, there is a tension in all this and it\u2019s not a \u201cno harm to anyone will be done\u201d situation, but that tension is not difficult to deal with \u2013 harrassment and rape are difficult to deal with. 2) Sexual harrassment or rape is not quite the same as, say, Heidegger\u2019s antisemitism. In the case of harassers they did direct, intentional harm to concrete individuals by acts both morally widely acknowledged to be wrong and prohibited by law. It\u2019s their individual character flaw and they should have known better. Heidegger\u2019s and other similar cases, though on a scale, are intelligible as parts of wider societal beliefs, sometimes implemented even as laws. They are much less individual flaws, as flaws of the society. We do not need to not acknowledge them to continure to read Heidegger. 87 But we should see him for what he was, with all the flaws, and address it if it is pertinent to his work. In some cases, like Aristotle\u2019s pro-slavery, it\u2019s easier \u2013 he was pro- slavery in a slave based society (so in this sense like other people) but he also said that no one as it stands is enslaved justly. He saw that it is not right, but he did not see that it could be made right by removing the institution altogether. He also treated his slaves very well should note that Ancient slavery is not the same thing as its modern, much more racist counterpart). Heidegger fell into a trap of stupid ideology and to that extent he is more blamable and he should have recognized his own intellectual (and moral) failing. He would have been a better philosopher (and a better human being) had he done so. There were societies not ike Nazi Germany in his time case like Pogge\u2019s true)- it\u2019s not a matter of intellectual failure to see beyond one\u2019s societal horizons. The societal horizon is OK, the person is violeting laws and doing intentional harm. 0 Reply Rebecca Kukla \uf086Reply to \uf017 8 years ago \u201cSexual harrassment [sic] or rape is not quite the same as, say, Heidegger\u2019s antisemitism. In the case of harassers they did direct, intentional harm to concrete individuals by acts both morally widely acknowledged to be wrong and prohibited by law. It\u2019s their individual character flaw and they should have known better. Heidegger\u2019s and other similar cases, though on a scale, are intelligible as parts of wider societal beliefs, sometimes implemented even as laws. They are much less individual flaws, as flaws of the society.\u201d Wait what have no idea what some of this means \u2013 \u201con a scale\u201d? Huh? But did you just seriously imply that being a sexual harasser is more of an individual flaw than being a Nazi? That can\u2019t be what you meant. Apart from the fact that, well, being a Nazi is pretty much the worst individual flaw can think of don\u2019t even see the disanalogy. Both lived first in eras where morally bad things were normalized. Sexual exploitation was normalized in academia, the genocidal slaughter of millions was normalized in Nazi Germany. (Again, er, not on a moral par, but moving on.) Both continued to treat these things as normal after the world had moved on \u2013 Pogge is still harassing and exploiting even though academia is at least nominally now aware that that\u2019s not ok, and Heidegger continued to stand up for Nazism after the era died think both \u201cshould have known better\u201d. The fact that one broke the law seems paolo 87 less morally interesting than that the other advocated for a genocidal regime. Obviously none of this is to in any way let Pogge off the hook. 0 Reply paolo \uf086Reply to \uf017 8 years ago Thank you for ridiculing my English and reading what wrote with the mind set to trying to understand. It\u2019s really nice. But to your points. 1) \u201con a scale\u201d means \u2013 as tried to show by examples, that past dead philosophers, from different eras held variety of views that were problematic \u2013 sometimes they were problematic but not really different from views of anybody else (and even a bit more \u201cprogressive\u201d \u2013 Plato\u2019s and Aristotle\u2019s views, for example on women, slaves, or foreigners) whereas others held views that were already being challenged but still accepted in large swaths of society. Heidegger did some questionable acts, but it appears he was active only in 1933-4, afterwards he was more of a passive follower do not know more about the case, nor about what he knew or did not. But his case is also a case of a person who lived in a totalitarian regime assume you did not did think you have just about zero idea what that means besides having read some books and being quick to judge other people. It\u2019s abit more complicated than being morally righteous in contemporary academy have my family persecuted by the communists, including gulags. Some of them entered the party later to protect themselves do not jduge people morally terrible automatically just because they were members of a communist party and did some questionable acts. You have no idea how it feels to live in such a place, what fear of your life is, or your family, your career, how your thinking is manipulated and so on. Heidegger was not an member, or concentration camp guard, murder, or anything like that. He was probably a misguded intellectual, ambitious, and so on fault him to an extent, for bad things he did, and his anti- semitism, not being able to part with Nazi party antirely. BUt do not think he was a criminal. As indicated, his case is more problematic than Aristotle\u2019s, hence on a scale. How did Heidegger stand up for Nazism after the era died? You mean he publicly defended its ideas, denied holocaust and so on? Maybe he did do not know. But in any case do not care about him was merely drawing a contrast to Pogge who assume, is not living in a totalitarian regime of sexual harrassers do not know how you read into what said that Pogge is supposed to get off the hook. It was exactly the opposite thing that tried to assert. Rebecca Kukla 87 Btw. communists committed as bad crimes as nazis around the world. man of you academics advocate communist views. What am to do? When point that out am usually told have no idea what am talking about\u2026it\u2019s a nice treatment one gets from \u201ceducated\u201d people. 0 Reply Matt Weiner \uf017 8 years ago This seems won\u2019t say particularly disturbing, but one of many disturbing things: \u201cSeparately, Lopez Aguilar said, Yale\u2019s legal department informed her that the time during which she could have taken legal action had expired \u2014 and that she was a weak witness, given that she had previously taken medication for anxiety and acknowledged changing her account of that night in the hotel.\u201d So people who have anxiety are prima facie less reliable, and may be victimized with impunity, because the university won\u2019t believe them? Not to mention that being harassed is itself likely anxiety-inducing shocking attitude. 0 Reply Herewego \uf086Reply to \uf017 8 years ago Yes! Thank you for pointing out Yale\u2019s bizarre smearing of Aguilar based on the fact that she *takes anxiety meds* (!) That is itself such a terrible injustice and Yale should be called out for it. 0 Reply Matt Weiner GuessWhatWhen \uf017 8 years ago Call for Papers Theme: Poverty, Solidarity and Justice Type: 4th International Philosophy Congress Institution: Philosophy Department, Uluda\u011f University 87 Location: Bursa (Turkey) Date: 13.\u201315.10.2016 Deadline: 27.5.2016 When current debates are taken into account, it can be clearly recognized that justice is a concept discussed, written and thought about at great length. However it is possible to see that when justice is referred to, the concept is taken out of its context and devoid of content. The concept of justice is commonly used in relation with poverty. Poverty, a problem of all ages, is standing as one of the basic problems of our age. Today, while many people bring up the problem of \u201cviolent capitalism\u201d, poverty is believed to be a hard pressing issue that has to be overcome. In this sense, it is generally admitted that urgent measures have to be taken to establish a just worldwide distribution of income. As injustice can be encountered in all spheres of human life, the idea of justice arising from injustice has become a subject/concept of growing importance that should be thought of seriously as a necessary condition of communal life. Consequently in all dimensions of life, solidarity and its spirit should be universalized. This is where we see the greatest need for philosophy/philosophers and a philosophical contribution. Philosophy offers a perspective that attempts to cover the essence of a given subject along with the associated phenomena in their exactness. Thus, philosophy always needs to be inside phenomena/life itself. Now is the time to ask the questions that has been left aside for long. What is poverty? What is solidarity? What is justice? The essence of these specific subjects can be touched and the concepts can be elucidated only if the above questions are discussed. Yet, what really happens is that the core of the subject is left untouched, people get deluded because of rhetoric and the concepts themselves are decontextualized and treated as means for political ends. These concepts can only be illuminated philosophy and as a result become grounded firmly. When the concepts of poverty, solidarity and justice are considered, the following issues need to be clarified: What does justice mean? 87 What do we understand by solidarity? What is the relationship between justice and equality? Is justice equality? Can there be detected any link between religion and justice? Is there any possibility to establish justice and just social, political and economic system? Is justice a concept relating to law or politics? What is the relationship between poverty and justice? What is or what has to be the philosophical approach to poverty? Is there a relationship between poverty and religion? Can poverty be considered a global problem? What should the philosophical stance towards poverty be? How can poverty and solidarity be related? Is solidarity based on class divisions? Are religion and solidarity connected? Can solidarity bring justice? We have agreed to organize the current congress under the title \u201cPoverty, Solidarity and Justice\u201d in an attempt to scrutinize all these concepts and to put forward new and distinct ways of theorizing questions of poverty, solidarity and justice. Themes \u2013 Poverty and Solidarity \u2013 Poverty and Democracy \u2013 Poverty and Justice \u2013 Poverty and Art \u2013 Poverty and Religion \u2013 Class and Solidarity \u2013 Art and Solidarity \u2013 Religion and Solidarity \u2013 Women and Solidarity \u2013 Culture and Solidarity \u2013 Solidarity and Existence \u2013 Solidarity and Utopia \u2013 Solidarity and Justice \u2013 Democracy and Justice \u2013 Religion and Justice \u2013 Equality and Justice \u2013 Right and Justice 87 \u2013 Law and Justice \u2013 Politics and Justice \u2013 Ethics and Justice \u2013 Freedom and Justice Keynote Speakers Prof. Dr. \u0130oanna Ku\u00e7uradi, (Maltepe University) Prof. Dr. Bet\u00fcl \u00c7otuks\u00f6ken (Maltepe University) Prof. Dr. Thomas Pogge (University of Pennsylvania) Congress Language The congress language is Turkish and English. Full text papers are supposed to follow The Chicago Manual of Style (15th Edition). Important Dates Deadline for Abstracts: 27 May 2016 Announcement of Accepted Abstracts: 06 June 2016 Deadline for Full Text Papers: 19 August 2016 Announcement of Congress Program: 02 September 2016 Date of Congress: 13-15 October 2016 Registration Fee: 100 Euro Venue Uluda\u011f University, G\u00f6r\u00fckle Campus Prof. Dr. Mete Cengiz Congress Center, Bursa \u2013 Turkey Contact: Assoc. Prof. Dr. Metin Becermen, Academic Coordinator Philosophy Department Faculty of Arts and Sciences Uluda\u011f University 87 Bursa Turkey Phone: +90 224 2941834 Email: [email protected] Web: 0 Reply Jane Baldinger \uf017 8 years ago Maybe Pogge can get Laura Kipnis to back him up \u2013 after all it\u2019s just a little \u2013 cultural \u2018exuberant sexual defiance.\u2019 Sexual Paranoia Strikes Academe \u2013 Laura Kipnis 0 Reply 87", "7293_104.pdf": "View All 6 Comments The Famous Ethics Professor And The Women Who Accused Him Thomas Pogge, one of the world\u2019s most prominent ethicists, stands accused of manipulating students to gain sexual advantage. Did the fierce champion of the world's disempowered abuse his own power? Katie J.M. Baker BuzzFeed News Reporter Posted on May 20, 2016 at 2:56 pm Subscribe to BuzzFeed Daily Newsletter When Thomas Pogge travels around the world, he finds eager young fans waiting for him in every lecture hall. The 62- year-old German-born professor, a prot\u00e9g\u00e9 of the philosopher John Rawls, is bespectacled and slight of stature. But he\u2019s a giant in the field of global ethics, and one of only a small handful of philosophers who have managed to translate prominence within the academy to an influential place in debates about policy self-identified \u201cthought leader,\u201d Pogge directs international health and anti-poverty initiatives, publishes papers in leading journals, and gives Talks. His provocative argument that wealthy countries, and their citizens, are morally Kate Ferro / BuzzFeed News responsible for correcting the global economic order that keeps other countries poor revolutionized debates about global justice. He\u2019s also a dedicated professor and mentor, at Yale University \u2014 where he founded and directs the Global Justice Program, a policy and public health research group \u2014 as well as at other prestigious institutions worldwide. By Pogge\u2019s own count, he\u2019s taught 34 graduate seminars, given 1,218 lectures in 46 countries, and supervised 66 doctoral dissertations. But a recent federal civil rights complaint describes a distinction unlikely to appear on any curriculum vitae: It claims Pogge uses his fame and influence to manipulate much younger women in his field into sexual relationships. One former student said she was punished professionally after resisting his advances. Pogge did not respond to more than a dozen emails and phone calls from BuzzFeed News, nor to a detailed letter laying out all the claims that were likely to appear in this article. Yale\u2019s spokesperson, Thomas Conroy, declined to comment The allegations against Pogge are an increasingly open secret in the international philosophy community, an overwhelmingly male field in which, many women say, pervasive sexual harassment is an impediment to success. But for the first time, confidential documents obtained by BuzzFeed News reveal the extent of the claims against Pogge. In the 1990s, a student at Columbia University, where Pogge was then teaching, accused him of sexually harassing her. In 2010, a recent Yale graduate named Fernanda Lopez Aguilar accused Pogge of sexually harassing her and then retaliating against her by rescinding a fellowship offer. In 2014, a Ph.D. student at a European university accused Pogge of proffering career opportunities to her and other young women in his field as a pretext to beginning a sexual relationship. Yale has known about these allegations, and others, for years. When Lopez Aguilar first reported Pogge for sexual harassment, she said, Yale offered to buy her silence with $2,000. Eventually, a hearing panel did find \u201csubstantial evidence\u201d that Pogge had acted unprofessionally and irresponsibly, noting \u201cnumerous incidents\u201d where he \u201cfailed to uphold the standards of ethical behavior\u201d expected of him. But the panel voted that there was \"insufficient evidence to charge him with sexual harassment,\" according to disciplinary records. More recently, Yale received letters from concerned professors and students at other institutions providing further evidence of Pogge\u2019s alleged misconduct and asking Yale to reinvestigate. But Yale said those allegations were outside of its jurisdiction and that it would not reopen the case. Pogge is still at Yale, directing the Global Justice Program and teaching philosophy and international affairs classes on the New Haven, Connecticut, campus. In October 2015, Lopez Aguilar filed a federal civil rights complaint, alleging that Yale violated Title IX, the statute that holds schools responsible for eliminating hostile educational environments caused by sexual harassment. Lopez Aguilar is asking the government to investigate whether Yale has ignored the \u201cexhaustive attempts\u201d she and others have made to prove Pogge is a danger to female students. Her complaint also accuses Yale of violating Title VI, which prohibits race discrimination, on the grounds that Pogge specifically targets foreign women of color who are unfamiliar with how to navigate power in the United States. The claims against Pogge pose critical questions about how universities manage the power dynamic between faculty members and students. But they also raise questions that are more, well, philosophical. Can someone fight tirelessly to balance the inequities of global power while at the same time abusing his own power? And can a discipline built on the quest to describe a just society \u2014 and suffering from a major diversity problem \u2014 afford to ignore these issues? Thomas Pogge Wikipedia / Tobias Klenze 4.0 / Via commons.wikimedia.org When Lopez Aguilar first reported Pogge for sexual harassment, she said, Yale offered to buy her silence with $2,000. Fernanda Lopez Aguilar Susana Raab for BuzzFeed News \u201cIf you don\u2019t understand, who will?\u201d Lopez Aguilar grew up in Tegucigalpa, Honduras. She was a star student who published a book of poems about social justice at the age of 13; when she applied to college, her high school adviser wrote that she would one day be president. She enrolled at Yale in 2006, and took one of Pogge\u2019s classes as a junior. When he agreed to supervise her senior thesis the following year, Lopez Aguilar was thrilled. \u201cIt wasn\u2019t even that he was famous,\u201d said Lopez Aguilar, now 27. It was his commitment to morality and global justice, and the way he seemed to find his young students\u2019 ideas as compelling as his own. \u201cIt inspired me to keep going.\u201d Pogge, then 56, and Lopez Aguilar, then 21, started corresponding about her thesis. Emails obtained by BuzzFeed News show that Pogge chided Lopez Aguilar for being too formal with him. \u201cPlease don't treat me like some porcelain primadonna,\u201d he wrote when she said she hoped she wasn\u2019t taking up too much of his time. When she said she was \u201cforever indebted\u201d to him for writing her a letter of recommendation, he told her to \u201ccut it out.\u201d When she apologized, he said he was \u201csorry for the scolding just thought you knew a little bit about me by now.\u201d She assured him she did. \u201cThat\u2019s a relief, Fernanda,\u201d he wrote. \u201cIf you don\u2019t understand, who will Lopez Aguilar said she felt a little uncomfortable, but chalked it up to cultural differences. So she told herself it was normal to discuss her thesis on a bike ride with him and at his home, alone. She thought it was strange that he wanted to crash at the Washington, D.C., apartment where she planned to live with her boyfriend over the summer \u2014 Pogge was \u201cvery tired\u201d of wasting grant money, he explained \u2014 but she told him he was more than welcome. When Pogge offered Lopez Aguilar work at the Global Justice Program, she eagerly accepted. Pogge listed her as a fellow on the program\u2019s website and introduced her as a junior Global Justice fellow in an email to his colleagues, explaining that she would join them for a year of practical training after graduation. \u201cJust tell me what you\u2019d She told herself it was normal to discuss her thesis on a bike ride with him and at his home, alone. minimally need per month and I\u2019d find a way to pay you that,\u201d he wrote her in May 2010 when she asked about payment. \u201cWe\u2019ll make it work out, don\u2019t worry,\u201d he wrote in another email even have a little money of my own.\u201d Pogge also asked her to be his interpreter during a conference in Chile shortly after graduation, adding that she could stay in a hostel or was \u201cwelcome\u201d to stay in his hotel room if she was \u201ccomfortable doing so; we can upgrade the room.\u201d Lopez Aguilar said she didn\u2019t want to make demands, so she offered to sleep on a cot or bring a sleeping bag, but she always expected that he would book them in separate rooms. When she arrived at the hotel, she found that there was only one, but still didn\u2019t think it was her place to object. \u201cHe was my mentor,\u201d Lopez Aguilar said. \u201cNow see that was naive, but thought he actually appreciated me for my intellect was flattered that he saw promise in me.\u201d Only Pogge and Lopez Aguilar know what happened in that room, and Pogge has insisted to Yale he never made sexual comments or advances to her. But she later told the university that he asked her to join him in his bed to watch a movie, The Constant Gardner, on his laptop, with the lights off. That he said he couldn\u2019t look at her in a black dress she wore because it was too \u201cdangerous.\u201d That he said perhaps she would consider marrying him someday. That he told the hotel staff to call them \u201cMr. and Mrs. Pogge.\u201d That he mentioned he had been accused of sexual harassment at Columbia, and said she was \u201cthe Monica Lewinsky to his Bill Clinton.\u201d Lopez Aguilar said she tried her best to get through the trip, but one night as she sat at a desk translating documents, she felt Pogge slide in behind her on her chair, press his erection against her and grab her breast. She fled the room but had nowhere to go, she would later tell Yale. When she came back, Pogge said nothing. \u201cThere\u2019s something not natural all of a sudden,\u201d she frantically Gchatted to her boyfriend. \u201cI'm not feeling comfortable.\u201d She asked him to stay online as she slept. On the flight back to the United States, Pogge fell asleep with his head in Lopez Aguilar\u2019s lap. She said she couldn\u2019t wait to leave him at baggage claim. But he was coming to stay with her in D.C. in just a few days, and she said she felt too intimidated to refuse him. The visit was awkward. Nervous that her fellowship was in jeopardy, Lopez Aguilar said, she tried to change the tone with some effusive emails am still ecstatic and sometimes pinch myself thinking about all the doors that you\u2019ve lately opened (philosophically mean) in terms of better structuring my notions and convictions.\u201d In July, she asked Pogge for a \"theoretical\" document she could show to a landlord to prove she was employed by the Global Justice Program. He wrote her one on Yale stationery, which stated she would start on Sept. 1, 2010, and would earn $2,000 per month. Still, she said, she felt anxious about the arrangement, so she showed up to work two days ahead of that date \u2014 only to be told there was no record of her employment. She says he told her that he couldn\u2019t look at her because her dress was too \u201cdangerous,\u201d and that she was \u201cthe Monica Lewinsky to his Bill Clinton.\u201d She showed an administrator her name on the website, along with the letter, and then emailed Pogge. His response was furious. \u201cYou got me into a huge amount of trouble, Fernanda, as am not authorized to give out jobs to people on my own,\u201d he wrote her. \u201cYou manage to destroy in an hour as much as manage to build in months.\u201d Emails show that when Lopez Aguilar realized there would be no salary, she asked Pogge at least to pay her \u201cwhatever price you think fair\u201d for the work she had completed that summer, providing $2,000 as an estimate. He refused, saying she hadn\u2019t done enough work to deserve that much money. On September 7, he told her he did \u201cnot want to receive further help from you, paid or unpaid.\u201d Lopez Aguilar said she was crushed: As she saw it, she had withstood months of unwanted, unprofessional behavior from a man she believed to be her mentor, only to be fired under bewildering circumstances after she had rejected his advances. She decided to report Pogge for sexual harassment. But she didn\u2019t know whom to report him to. And according to her recent federal complaint, Yale officials told her she had no recourse since she was no longer a student and hadn\u2019t ever truly been an employee. Eventually, Yale offered her a $2,000 settlement, on the condition that she sign away her right to pursue further claims against Pogge or the university \u2014 or to tell anyone about Pogge\u2019s behavior from \u201cthe beginning of the world to the day Fernanda Lopez Aguilar Susana Raab for BuzzFeed News of the date of this Release.\u201d The federal government has said that it\u2019s illegal to use conditional nondisclosure agreements in sexual harassment cases. But Yale treated Lopez Aguilar\u2019s report as a workplace dispute, ignoring her claims of sexual harassment, her recent complaint states. She signed the agreement. She said she didn\u2019t think she had any recourse. The following spring, however, 16 other current and former students filed a Title complaint with the Department of Education claiming that Yale had failed to properly address their sexual misconduct claims formal investigation was opened. (It concluded that Yale had underreported incidents of sexual violence \u201cfor a very long time,\u201d among other violations.) Their complaint had nothing directly to do with Pogge, but it motivated Lopez Aguilar to try again. This time, she said, she was told the nondisclosure agreement she signed was not actually binding. So Lopez Aguilar filed an official sexual harassment complaint to Yale on May 17, 2011. She brought up the harassment accusation that Pogge told her he faced at Columbia, and wrote out her own side of the story in painstaking detail. She would later say she stopped short of the whole truth on one point: She said that in their hotel room in Chile, Pogge had slid behind her in the chair so that his \"pelvic area\" touched her buttocks, but she did not specifically mention an erection, or his hands on her breasts was still too humiliated to tell my parents about everything that had happened,\u201d she now said assumed Yale would find Pogge\u2019s other actions unwelcome enough \u201cPlaying the hotel room card\u201d Yale assigned an arbitrator and hearing panel to the case that fall. Pogge told the hearing panel that he had indeed been accused of sexual harassment at Columbia, but that the allegation was false. Yale knew about it, he said, and an official \u201ctook great pains to investigate what had happened\u201d before offering him a job. She told Yale that Pogge had slid behind her, but she did not specifically mention an erection, or his hands on her breasts. \u201cThis was by far the most traumatic event of my life, as can be seen, for instance, from the gap it left in my publication record,\u201d Pogge wrote. As for his interactions with Lopez Aguilar, Pogge insisted he did not have \u201cany non-professional relationship with or intentions toward\u201d her, the arbitrator wrote in her report. Lopez Aguilar was a weak student, he said, who from the beginning had worked toward \u201crelaxing the terms of the relationship.\u201d He never meant to offer her a paying job, he wrote; she knew he was just trying to help her stay in the U.S. after college. Pogge never forced Lopez Aguilar to share a hotel room in Chile, he continued, or made any sexual comments or advances to her. He acknowledged that they watched a movie together on a bed and he slept in her lap during the flight home, but said both activities were Lopez Aguilar\u2019s suggestion. Given his \u201ccontribution of frequent flier miles to her trip to Chile and given my knowledge that her apartment was large and shared with her boyfriend,\u201d Pogge wrote, he thought it was fine to accept her hospitality in D.C. He said Lopez Aguilar knew the letter he gave her to show her landlord was fake, and asked the panel why he would have \u201cagreed to supply the non-genuine job offer needed to solve her apartment problem\u201d if he had \u201cbeen disposed to retaliate\u201d against her after their trip to Chile. Yale University's New Haven campus. Bob Child hearing panel found \u201csubstantial evidence\u201d that he \u201cfailed to uphold the standards of ethical behavior\u201d for a mentor. Perhaps, Pogge suggested, Lopez Aguilar had been planning to blackmail him by \u201cplaying the hotel room card.\u201d He wrote, \"Her idea was evidently that Yale or would prefer to pay Ms. Lopez rather than have some potentially embarrassing discussion of what this Yale professor was doing with his former student in a Chilean hotel room.\u201d The fact-finding arbitrator, a former judge who teaches at Yale, also spoke with students who said Pogge was perfectly professional. The arbitrator concluded that \u201cneither party was telling the whole truth.\u201d She wrote that Pogge had admitted it was \u201cunwise\u201d to \u201cinvite an undergraduate woman to his apartment when there was no one else present, to agree to share a hotel room with her for several days, and to sleep with his head on her lap during a flight.\u201d Pogge\u2019s behavior was \u201cat best confusing coming from a charismatic professor who was able to offer her an affiliation in an organization that interested her intensely, and at worst likely to make this young woman think that she was likely to be asked to have a close and perhaps intimate friendship,\u201d she wrote. She found his anger at Lopez Aguilar after she showed the letter he wrote her to the Global Justice Program \u201cdisproportionate to the events,\u201d and said he provided \u201cno credible explanation\u201d for ever having said he would pay her a salary. But the judge also said that Lopez Aguilar had minimized her own role in sending Pogge \u201cintimate\u201d emails and proposing meetings that resembled dates, and that those cheery emails after their trip made her story less credible. \u201cIt appears to me that Complainant's reaction at being out of Respondent's good graces in the fall of 2010 has led her to recast some of the earlier interactions,\u201d she wrote subsequent hearing panel found \u201cinsufficient evidence\u201d to determine whether Pogge had made direct sexual comments or advances to Lopez Aguilar, but \u201csubstantial evidence\u201d that he \u201cfailed to uphold the standards of ethical behavior\u201d expected of him as her mentor and employer. In the end, however, the panel decided his actions did not constitute sexual harassment. Only one note went into Pogge\u2019s permanent record. It was for misuse of Yale stationery An unexpected development Afterward, Lopez Aguilar \u201cfell apart,\u201d she said psychologist later diagnosed her with post-traumatic stress disorder linked to Yale\u2019s handling of her claims. In 2012, Lopez Aguilar hired Ann Olivarius, a lawyer and Yale alum who had also been the plaintiff in the first Title sexual harassment lawsuit against a university. Her legal team found Columbia professors with direct knowledge of the sexual harassment proceedings that Pogge faced there. In an affidavit quoted in Lopez Aguilar\u2019s federal complaint, a Columbia professor who was on the faculty at the time wrote that Pogge \u201chad written a series of sexually harassing emails\u201d to a student, \u201cand there had also been some physical interaction between them.\u201d Pogge was later \u201cforbidden by the university administration\u201d to enter the philosophy department \u201cwhenever the student had classes there.\u201d (The unnamed student later left the program, according to the affidavit. BuzzFeed News was unable to reach her.) Soon enough, Lopez Aguilar learned a whole lot more about Pogge and his relationships, but this time no legal research was required. In April 2014, the website Thought Catalog published an anonymous essay called Had An Affair With My Hero Philosopher Who\u2019s Famous For Being \u2018Moral should\u2019ve never met my hero,\u201d the author wrote, \u201cbecause when did found out that, just like his mentor (another famous philosopher), he vehemently refused to subject the private sphere to assessments of justice falsely assumed that the man who calls affluent westerners human rights violators would treat women with dignity.\u201d The author never named the philosopher, but described him as \u201can old man, occupying a powerful place in academia, who has a penchant for young, inexperienced women.\u201d Commenters quickly guessed it was Pogge, and someone put Lopez Aguilar in touch with the writer falsely assumed that the man who calls affluent westerners human rights violators would treat women with dignity.\" \"Aye,\" a graduate student who had an affair with Pogge. She published an anonymous essay about it on the website Thought Catalog. Laura Gallant / BuzzFeed News Aye, a philosophy Ph.D. student from one of the poverty-stricken Asian countries Pogge has written about, first met Pogge at a conference in Europe the year before she wrote the Thought Catalog essay. (She is identified by a nickname at her request.) Then 29, she said she was surprised when he tracked down her email address afterward, but told him she was a huge fan of his work will always be cheering you from afar,\u201d she wrote. Pogge suggested that on a visit sometime he could \u201ccheer\u201d her \u201cfrom a little closer.\u201d He also said he hoped Aye would \u201cperhaps join one of the enterprises am also involved in.\u201d Aye was flattered but confused. \u201cHe didn\u2019t know anything about my work,\u201d she told BuzzFeed News. \u201cAll he knew about me was what looked like.\u201d Pogge told Aye he lived alone and hadn\u2019t had sex in years, she said. Emails confirm that they started non- monogamously dating, but the relationship soured when she found out he was in a decades-long relationship, and told her that he had had intimate relationships with other young prot\u00e9g\u00e9s before. Aye told Pogge he was a hypocrite. How could he advocate \u201cgender-sensitive\u201d solutions to global power imbalances while exploiting the power imbalance between himself and the much younger, non-Western women who idolized him? In response, Pogge dismissed her in an email as \u201cself-righteous\u201d and said her objections were \u201cgathered from feminist and petty-bourgeois sources.\u201d Aye wrote the Thought Catalog essay in a rage, she said recording obtained by BuzzFeed News shows that Pogge read it closely. \u201cYeah, true, sure, everything is true,\u201d he told her. \u201cThat's how you experienced it. I'm sure that you are an honest person, that you're trying to depict it as accurately as you can.\" Aye and Lopez Aguilar said they saw a pattern to their experiences, and joined forces to see if they could find other young students he had treated similarly. In 2014, Lopez Aguilar\u2019s lawyers sent Yale signed statements from professors about the Columbia incident. The lawyers also included statements from professors who had witnessed and been troubled by Pogge\u2019s conduct with young women at conferences, as well as details about five other women, students at other institutions in countries from India to Norway to whom Pogge had supposedly offered plane tickets, hotel rooms, letters of recommendation, and job opportunities \u201ceven though he barely knows them and knows less about their work One was a young Chinese student whom, Pogge told Aye, he had a relationship with. In a recording obtained by BuzzFeed News, he admitted that he wrote the woman a letter of reference despite never having had any real \u201cintellectual contact\u201d with her. Another Chinese woman wrote a statement for Lopez Aguilar\u2019s lawyers saying Pogge offered her flights and a job despite being unfamiliar with her work. \u201cTo be honest,\u201d she wrote hadn\u2019t worked with him that much that would qualify for me to go to work with him. Almost everything was a little inappropriate.\u201d Responding to the growing rumors about Pogge, Yale philosophy professor Jason Stanley made a public request for anyone with knowledge of Pogge\u2019s professional misconduct, \u201ceven students in his areas at other universities,\u201d to contact Yale\u2019s Title coordinator, Stephanie Spangler. Aye wrote in to share her story and the information about other women. But Spangler told her it did not fall under Yale\u2019s jurisdiction. Separately, Lopez Aguilar said, Yale\u2019s legal department informed her that the time during which she could have taken legal action had expired \u2014 and that she was a weak witness, given that she had previously taken medication for anxiety and acknowledged changing her account of that night in the hotel. Yale \u201ccarefully considered\u201d the evidence her lawyers sent, Spangler wrote to Lopez Aguilar in spring 2015, but would not reopen her case and had \u201cnothing further to communicate.\u201d \u201cThank you for your expression of concern for the safety of the Yale community,\u201d Spangler wrote. Aye Laura Gallant / BuzzFeed News \u201cIt can be crushing\u201d Universities have many reasons to keep sexual harassment investigations secret, including laws in some states that prohibit the disclosure of confidential information, and they take great pains to do so. But in recent years, there have been calls for greater transparency as an increasing number of schools have been accused of shielding high-profile faculty from the consequences of their actions. \u201cWe're currently going through a fraught and difficult period, as people are learning that they can't get away with the behaviors that used to be taken for granted as normal,\u201d said Jennifer Saul, the philosophy department chair at the University of Sheffield and editor of the blog What Is It Like to Be a Woman in Philosophy, which has posted anonymous stories about sexual harassment since 2010. The relatively small field of philosophy has been rocked by sexual harassment scandals at least three times over the past two years, as male philosophy professors at the University of Miami, the University of Colorado, and Northwestern University resigned after being accused of misconduct by students. Philosophy has a pervasive gender gap. The percentage of philosophy Ph.D.s who are women is lower than 30%, less than in most of the physical sciences, and research has found that top journals publish and cite far fewer women than men. For female philosophers of color, the situation is even worse. Within that climate, aspiring female philosophers can find unwanted sexual advances from a potential mentor particularly devastating \"It's especially difficult for young, vulnerable people in the profession to report sexual misconduct by someone who supposedly is in their court,\u201d said Ruth Chang, the American Philosophical Association\u2019s sexual harassment and discrimination ombudsperson. \u201cIt can be crushing to discover that a famous professor who seemed genuinely interested in helping you grow as a thinker is really engaged in something rather different \u2014 whether it be getting his ego stroked or outright sexual predation.\u201d Because of the contracts that govern their employment, tenured professors who face sexual misconduct claims are much harder to discipline than students accused of similar offenses. This discrepancy can make for complicated proceedings, especially as the federal government has put pressure on universities to investigate and resolve sexual harassment cases without giving much guidance about what to do when the accused is a tenured faculty member. Some universities have tried to get ahead of the problem by enacting blanket bans on romantic or sexual relationships between teachers and students. In 2010, Yale banned professors from pursuing \u201camorous relationships\u201d with undergraduates, noting they are \u201cparticularly vulnerable to the unequal institutional power inherent in the teacher- student relationship and the potential for coercion.\u201d But Yale didn\u2019t appear to question whether Pogge violated that policy in his relationship with Lopez Aguilar. Another complicating factor is that the universities that adjudicate cases like this are not disinterested parties. Even a single star professor raises a department\u2019s profile, a fact that at least has the potential to influence decisions about discipline \u2014 or about hiring. \u201cBy adding a prominent scholar\" in the field of global justice, said Brian Leiter, a philosophy professor at the University of Chicago who writes the definitive blog on faculty appointments in the field, \u201cYale is then a magnet for students, whether in philosophy or political science, interested in these questions.\" Leiter stipulated that he did not know the details of Pogge\u2019s case, or the circumstances of his hiring. But he observed that as more of these once-secret accusations become public, professors may find themselves less insulated from the effects. \u201cThese days, someone who has been credibly publicly accused is not hirable,\u201d he said Yale \u201ccarefully considered\u201d the evidence but would not reopen her case and had \u201cnothing further to communi- cate.\u201d \u201cIt breaks my heart\u201d Pogge had a busy spring planned. In late April, he spoke at the London School of Economics\u2019 Africa Summit. On May 19, he was scheduled to talk about \u201ceffective altruism\u201d at the University of Hong Kong, which advertised Pogge as \u201cone of the most prominent figures in the contemporary academic debate on global justice.\u201d In June, he was supposed to teach a master class at the University of Queensland in Australia, which called him \u201can exemplar of the best type of engaged political philosopher who tackles global problems and practices philosophically and practically.\u201d But the allegations against him have also traveled widely, in recent years, attracting attention in philosophy departments around the world. In 2014, a fundraiser for Lopez Aguilar\u2019s legal costs raised over $7,000. BuzzFeed News spoke with three women who have worked alongside Pogge, all of whom said he had treated them with respect. One said she felt personally injured by rumors to the contrary. They would not speak on the record. But others said the news has forced them to re-evaluate the contemporary they thought they knew. \u201cThere's a sense of betrayal, and also shocked confusion,\u201d said Monique Deveaux, a philosophy professor at Guelph University in Ontario. \u201cHow can we square what we've heard about Pogge's conduct with his ideas on suffering and injustice?\u201d Louise Antony, a philosophy professor at the University of Massachusetts, Amherst, pointed out the difference between the moral views of an individual and their ethical behavior: \u201cThe evaluation of the philosophical work \u2014 the quality of the arguments \u2014 is one thing, and the evaluation of the philosopher\u2019s behavior is something else She added, \"We take our job to be giving students the tools to make good ethical decisions. But of course, a philosopher can know what the tools are, and still be bad at using them.\" Nonetheless, some said they feel a personal responsibility to try and curb his influence. \"It breaks my heart to have to say it,\u201d said Christia Mercer, a former colleague from the Columbia philosophy department, \"but it's clear that Thomas uses his reputation as a supporter of justice to prey unjustly on those who trust and admire him, who then \u2014 once victimized \u2014 are too intimidated by his reputation and power to tell their stories.\" \u201cThere\u2019s a sense of betrayal, and also shocked confusion.\u201d Martha C. Nussbaum, a professor of law and philosophy at the University of Chicago, said that since learning about the accusations Pogge faced at Columbia, she has chosen not to invite him to conferences and workshops. She also declines to participate in projects he is involved in. \u201cThe time has come for a public investigation,\u201d she wrote in a statement that Lopez Aguilar\u2019s lawyers later gave to Yale. Roxanne Heston, the director of the Hong Kong conference Pogge was scheduled to speak at, said they \"worked quickly\" to replace Pogge in the lineup after hearing of his alleged conduct. University of Queensland also quietly canceled his upcoming master class. That investigation may soon commence. The Department of Education recently informed Lopez Aguilar that her civil rights complaint is still under review. And this month the Equal Employment Opportunity Commission, a separate government entity, said it would not conduct its own additional investigation, meaning the path is now clear for her to file a lawsuit of her own. But Lopez Aguilar, now the spokesperson for a reformist political movement in Honduras, said she no longer holds out much hope that these processes will work in her favor. That\u2019s why she also hopes to force a broader conversation about the way these cases play out, and the factors that might influence the way we view them. Pogge uses philosophy as a powerful tool with which to solve global problems \u2014 a fact that greatly enhances the discipline\u2019s real-world credibility. Could that have inclined his fellow philosophers to tolerate behavior they would otherwise condemn? Or is the discipline simply sexist? Finally, what is our collective responsibility \u2014 to put it in the language of global ethics \u2014 when the flawed humans we enshrine as intellectual heroes are accused of being far from heroic? In his writing, Pogge argues that the power imbalance between rich countries and poor countries is so great that poor countries cannot reasonably be said to \u201cconsent\u201d to unfavorable agreements between them. Lopez Aguilar\u2019s civil rights complaint uses his words against him, saying he does not apply the same concerns \u201cto the relationships he maintains with his female students.\u201d By filing that claim, she explained in a recent conversation, she hopes to regain her own sense of balance. \u201cThere is power,\u201d she said, \u201cin surviving ugly moments May 24, 2016 at 9:03 This story has been updated to reflect that two of Pogge's speaking engagements were canceled once organizers learned of the claims against him May 22, 2016 at 3:40 Pogge released a statement on Saturday responding to certain allegations within this article. You can read his response here. Katie J.M. Baker BuzzFeed News Reporter Comments Share your thoughts! Fernanda Lopez Aguilar Susana Raab for BuzzFeed News Post Comment Ellipsis Power corrupts. In other news, the sky is blue. I've met very few powerful people who weren't at least somewhat corrupt. One of my CEOs punched a woman at work and they bought her off with 2 Million and kept him in his spot. Top Comment 8 years ago a brand. \u00a9 2025 BuzzFeed, Inc Press Privacy Consent Preferences User Terms Accessibility Statement Ad Choices Help Contact Sitemap 6 Most of us would do time for something so horrible. It seems like it's human nature. You succeed and the money is there and you have a family. Then what is left? For a vast number of successful people, the answer is deviant and sociopathic behavior. Sad, really.... Read more 6 Reply", "7293_105.pdf": "Educational Philosophy and Theory ISSN: (Print) (Online) Journal homepage: Named or nameless: University ethics, con\ufb01dentiality and sexual harassment Tina Besley, Liz Jackson & Michael A. Peters To cite this article: Tina Besley, Liz Jackson & Michael A. Peters (2022) Named or nameless: University ethics, con\ufb01dentiality and sexual harassment, Educational Philosophy and Theory, 54:14, 2422-2433, DOI: 10.1080/00131857.2021.1952865 To link to this article: Published online: 03 Aug 2021. Submit your article to this journal Article views: 4414 View related articles View Crossmark data Citing articles: 7 View citing articles Full Terms & Conditions of access and use can be found at Educational Philosophy and Theory 2022, VOL. 54, NO. 14, 2422\u20132433 Named or nameless: University ethics, confidentiality and sexual harassment Tina Besleya , Liz Jacksonb and Michael A. Petersa aFaculty of Education, Beijing Normal University, Beijing, China; bEducation University of Hong Kong, Ting Kok, Hong Kong This paper focusses on our concerns about revelations about sexual harassment in universities and the inadequate responses whereby some universities seem more concerned about their own reputations than the care and protection of their students. Seldom do cases go to criminal court, instead they mostly fall within employment relations policies where the use of non-disclosure agreements are double edged, such that some perpetrators remain nameless even if the person offended against wants details made public. Of course if the staff member does not resign or take retirement prior to potential dismissal, but remains in the institution, the grapevine still works. Universities too often become complicit in cover-ups at the expense of further potential victims of sexual miscon- duct. It has been with much dismay that we found that despite extensive training and writing about ethics some senior professors in philosophy fields have been accused and found wanting, disabusing us of the virtue assumption. Despite these recent instances where perpetrators have been named and been publicised in the media, we found that this is not in fact new, so not only does the paper look to the past, but also extensively it uses contemporary accounts, reports and documents from USA, UK, South America, Australia, and New Zealand. These seem to be the tip of the iceberg, so our hope is that all students and staff in uni- versities (and in fact all institutions where there are inherent power imbalances) will not only feel safe, but that they will be safe as univer- sities become genuinely ethical institutions. University reputation and income should not take priority over the wellbeing and safety of students, and processes that retraumatise rape victims or deter reporting are only protecting and enabling offenders. As one victim from Wollongong University said: \u201cMake no mistake consider the events of my sexual assault and this university\u2019s response to be equally despicable. There is a shocking correlation between someone not listening to you say \u2018stop\u2019 and an organisation not listening to you scream \u2018help\u2019.\u201d1 Definitions and laws in many countries describe \u2018sexual harassment as conduct of a sexual nature which is unwanted or unwelcome and which has the purpose or effect of being intim- idating, hostile, degrading, humiliating or offensive.\u20192 Further, the Australian Human Rights Commission (AHRC) points out that \u00a9 2021 Philosophy of Education Society of Australasia Tina Besley [email protected] Faculty of Education, Beijing Normal University, 19 Xinjiekouwai St, Beijing 100875, China. Received 29 June 2021 Accepted 29 June 2021 Sexual harassment; sexual assault; ethics; moral education; virtue assumption; confidentiality; #MeToo; Title IX; human rights Educational Philosophy and Theory 2423 At an international level, sexual harassment has been recognised and addressed by the International Labour Office, the International Confederation of Free Trade Unions, the European Union and the United Nations Committee on the Elimination of Discrimination Against Women. However, this does not mean that sexual harassment is no longer a problem. Feminism is experiencing a #MeToo moment that has mobilised women especially and used social media against various forms of sexual assault, rape, and harassment (Mau, 2018, 2020; Peters & Besley, 2019). In one of the world\u2019s highest profile cases, on February 24, 2020, Hollywood producer Harvey Weinstein was found guilty of two felony sex crimes and rape, but acquitted of predatory sexual assault, the most serious charge he faced. At least 80 women came forward describing decades of sexual misconduct (BBC; New York Times; The Guardian).3 Many other high profile men\u2019s careers have ended because of such #MeToo revelations.4 However, many women and some men (mostly it is women who have been subject to sexual harassment and assault) have been compelled to sign confidentiality or non-disclosure agree- ments (NDAs) as legally enforceable contracts that bind both parties or they may be sued for breaches. Exclusions could be information considered common knowledge before the agreement was signed but agreeing to these means that not only do victims remain nameless, so to do the offenders. Considering these and other recent cases, we ask: Are philosophers more moral than other human beings? Are they expected to be, especially if they study ethics and moral philosophy? How do universities deal with allegations of sexual harassment and assault? There is a popular belief emanating from ancient Greek times, carried forward in the last century by Kohlberg and others, that philosophers are wiser and more moral than ordinary people. We believe and expect philosophers to be virtuous or at least practiced in ethical rea- soning and therefore more inclined to be good, knowing what is at stake in pursuing the good life. Call this the \u2018virtue assumption\u2019. Philosophers are often also teachers of virtue and we expect teachers to be exemplary role models or meet criteria of being professionals, including codes of ethics. But this belief may be outdated now that teaching and philosophy have become professionalized and academicized as like any other. In the same way as Illich (1977) argued in Disabling Professions that we lost faith and trust in priests, politicians, doctors, lawyers, police and others in authority, teachers and philosophers are under scrutiny. There have been spectacular examples of philosophers behaving badly. Even a passing acquaintance with the history of philosophy reveals that philosophers have no moral pass and that they are just as likely to abuse their position, power and privilege as any other authority or professional. Witness the furore that greeted the rediscovery of Heidegger\u2019s Nazism: his letters recently published as the Black Notebooks reveal his antisemitism, his admiration for Volk and F\u00fchrer, as well a \u2018world Jewry\u2019 and American decadence (Heidegger, trans Rojcewicz, 2016, 2017a, 2017b; Farin & Malpas, 2016; Mitchell & Trawny, 2017). One wonders of the threats to Heidegger\u2019s existential hermeneutics of such antisemitism. Here, Abundez-Guerra and Nobis (2018) provide a provocative and jaundiced reading: Many historically-influential philosophers had profoundly wrong moral views or behaved very badly. Aristotle thought women were \u2018deformed men\u2019 and that some people were slaves \u2018by nature\u2019. Descartes had dis- turbing views about non-human animals. Hume and Kant were racists. Hegel disparaged Africans. Nietzsche despised sick people. Mill condoned colonialism. Fanon was homophobic. Frege was anti-Semitic; Heidegger was a Nazi. Schopenhauer was sexist. Rousseau abandoned his children. Wittgenstein beat his young students. Unfortunately, these examples are just a start. Despite centuries of expectations that people undertaking rational study of ethics and moral behaviour, in particular ethics professors and philosophers, would act more ethically and morally 2424 AL. than others, it seems that there is not necessarily any consequent or consistent effect on behaviour of such people. Schwitzgebel and Rust (2014) examined self-reported moral attitudes and moral behavior of 198 ethics professors, 208 non-ethicist philosophers, and 167 professors in departments other than philosophy on eight moral issues: academic society mem- bership, voting, staying in touch with one\u2019s mother, vegetarianism, organ and blood donation, responsiveness to student emails, charitable giving, and honesty in responding to survey questionnaires, and found that ethicists were unlikely to behave more morally than others. This study was in the English-speaking world and recently replicated in German-speaking countries (Germany, Austria, Switzerland) with Sch\u00f6negger and Wagner (2019) finding similar results. Of 417 profes- sors, 151 ethics professors expressed stricter moral views, but they did not behave more ethically than other professors. Knowing and doing seem to remain compartmentalised; actions are not congruent with knowledge. These accounts disabuse us of the idea that philosophers are better than average human beings because of their occupation or exposure to moral tradition. And while the profession is carefully policed there is a structural imbalance in gender. Only recently have we considered the possibility that \u2018wisdom\u2019 and \u2018moral clarity\u2019 are not exclusively male virtues. The female philosopher and sage is a notion that has a contemporary ring to it, although we should remember that the Muses were the daughters of Zeus and Mnemosyne, the goddess of memory. It is as though the \u2018virtue assumption\u2019 has conditioned us into believing there is a relation between intelligence and virtue, or knowledge and virtue. Despite Socrates\u2019 claims, it is not clear that virtue is knowledge or that all things seek the good. Xenophon\u2019s Socrates in the Memorabilia puts the case this way: If someone doesn\u2019t know what is good, he can\u2019t do what is good (because he will always aim for what he believes to be good -- and thus rather it is their perceived good at which all living things aim -- and his belief about what is good is contrary to what is good), and (for the same reason) if he knows what is good, he can\u2019t fail to do what is good. The principles here are that Virtue is knowledge and that All things seek the good.5 It certainly does not appear to be the case that those who are ignorant of the good cannot do what is good, or that those who know the good cannot fail to do what is good. The case of the bad philosopher demonstrates the falsity of the latter. Those who know the good (such as philosophers) can not only fail to do what is good, but they can do so deliberately, repeat- edly and with intent and malice, and cause considerable harm and injury. The Chronicle of Higher Education in 2013 broke the story on British philosopher Colin McGinn agreeing to resign from the University of Miami, Florida following allegations of sexual harass- ment of a female graduate student by text and email. This became public knowledge in \u2018Philosopher\u2019s Downfall, From Star to \u201cRuin,\u201d Divides a Discipline\u2019 (Zweifler, 2103). The New York Times followed it with Star Philosopher Falls, and a Debate Over Sexism Is Set Off,\u2019 beginning with the line: \u2018Ever since Socrates\u2019 wife was painted as a jealous shrew by one of his pupils, women have had it tough in philosophy\u2019 Schuessler (2013). She continues: Thinkers from Aristotle to Kant questioned whether women were fully capable of reason. Today, many in the field say, gender bias and outright sexual harassment are endemic in philosophy, where women make up less than 20 percent of university faculty members, lower than in any other humanities field, and account for a tiny fraction of citations in top scholarly journals\u2026 Two open letters posted online in mid-July and signed by more than 100 philosophers, including a majority of Mr. McGinn\u2019s colleagues at Miami, criticized some of the posts on his blog as \u201cretaliation\u201d against the student\u2026 The McGinn case is short on undisputed facts, beyond that Mr. McGinn agreed in December 2012 to resign, before the matter was to be put to further inquiry by Miami\u2019s faculty senate. (The university declined to comment on the case, citing confidentiality in personnel matters.) Educational Philosophy and Theory 2425 Many academics, worried that the graduate student was not adequately protected by the university procedures, signed an open \u2018Letter from Concerned Philosophers\u2019 noting: while purportedly retaining anonymity, she may have her scholarship, work performance, or conduct negatively characterized in a public forum by a powerful professor with no response or defense from her university\u2026the student is not in a position to defend herself publicly. We ask that her university discharge its duty to protect its students from acts that amount to de facto retaliation from professors about whom they have complained.6 Subsequently in 2015, a legal \u2018Complaint And Demand For Jury Trial (Injunctive Relief Sought)\u2019 was made in \u2018United States District Court Southern District Of Florida Miami Division, Case 1:15-cv-23856 Document 1 Entered on Docket 10/15/2015 Page 1 of 66; by Monica Ainhorn Morrison, vs University of Miami, a not-for-profit corporation, Colin McGinn, in his official and individual capacities, and Edward Erwin, in his official and individual capacities.\u20197 The suit was settled in 2016, with non-disclosure agreements for all parties in effect. In Quartz, McGinn comments, \u201cI\u2019ve never been found guilty of anything by any institutional proceeding. According to the law in this land, that\u2019s the same as innocence.\u201d (Goldhill, 2019). In the same decade, accusations arose against Thomas Pogge, Leitner Professor of Philosophy and Professor of Political Science, a world-renowned ethicist and moral philosopher hired by Yale in 2008 despite them allegedly knowing that in the 1990s at Columbia University he had been disciplined for sexual harassment of a minority student. In October 2015, Fernanda Lopez Aguilar filed a federal civil rights complaint, alleging that Yale violated Title (the statute that holds schools responsible for eliminating hostile educational environments caused by sexual harassment) and violated Title VI, which prohibits race discrimination. According to a Yale Daily News article in 2019, The University\u2019s adjudicative panel found that Pogge had engaged in \u201cunprofessional conduct\u201d that could have made Aguilar feel \u201cconfused, anxious or uncomfortable.\u201d Yet, despite these findings, the panel did not find Pogge responsibility for sexual harassment. He remains at Yale today (Wanna, 2019). Subsequently several articles have addressed the allegations against Pogge, and an open letter was signed by some 160 professors, including some from his own philosophy department strongly condemning his behaviour.8 It was a shock to many when John Searle, one of the leading philosophers of his generation with his theory of speech acts and brilliant contributions to philosophy across a wide front, hit headlines for the wrong reasons. In 2017, 84 year old Searle, Willis S. and Marion Slusser Professor Emeritus of the Philosophy of Mind and Language at the University of California, Berkeley, was sued for sexual harassment, assault, and retaliation by Joanna Ong, a 24 year old Asian American undergraduate and former student who was engaged as a personal assistant to Searle at the then newly established but now defunct John Searle Center for Social Ontology. The legal case is Joanna Ong, plaintiff v. the Regents of the University of California et al., John Searle, and 1-100, inclusive; case number RG-17-854053, in the Superior Court of the State of California, County of Alameda, claiming five counts for damages: 1. Sexual Harassment \u2013 quid pro quo 2. Sexual Harassment \u2013 hostile work environment 3. Retaliation in violation of 4. Wrongful termination against public policy 5. Assault and Battery9 Ong\u2019s lawyer\u2019s case notes summarized the action she took and the reasons for it: While Ong was employed at U.C. Berkeley, Searle sexually assaulted Ong and then continued to harass her as her employment continued, creating a hostile work environment. Although Ong rejected Searle\u2019s 2426 AL. sexual advances and reported the assault and harassment to Hudin and others employed by U.C. Berkeley, no action was taken to address the assault or to protect Ong from further illegal conduct by Searle. Furthermore, U.C. Berkeley was well aware of Searle\u2019s prior similar behavior with other young women, including but not limited to his students and research assistants. Instead, Defendants took steps [to] protect and cover up Searle\u2019s assault and harassment of Ong, as they have done in Searle\u2019s past history of similar conduct to other students and employees of U.C. Berkeley. Ong subsequently retaliated against by Defendants when her salary was cut by 50% or more, without cause, and they took adverse actions against Ong that impacted her work, career and image to others. The University of California President, Janet Napolitano, approved a recommendation to revoke Searle\u2019s emeritus status on 19 June 2019, after a determination that he violated university policies against sexual harassment following campus disciplinary proceedings by the Berkeley Office for the Prevention of Harassment and Discrimination. On 21 June 2019, Daily Nous pro- vided a verbatim copy of the letter a Berkley spokesperson sent, detailing that this is the most extreme disciplinary action the university can take against an emeritus professor.10 The situation is similarly noted in the entry for Searle in the Encyclopedia Britannica: In 2019 Searle was stripped of his emeritus status at Berkeley after it was determined that he had violated the University of California\u2019s policies regarding sexual harassment and retaliation.11 The details of the case against Searle are now well known and he is publicly disgraced. But it appeared that the university only reacted when its hand was forced. At every turn it sought to cover up and protect Searle\u2019s reputation and their own even at the ruthless dismissal of Ong. Berkeley\u2019s institutional ability to protect female students, despite their institutional ethics, appeared flawed. In relation to its reputation and that of \u2018star\u2019 professors, this reaction seems too common. It has been under Title of the Education Amendments of 1972, 20 U.S.C.\u00a7\u00a7 1681-1688 (hereinafter, \u201cTitle IX\u201d) that many of these cases have been pursued. These cases and the history of reporting of sexual harassment (and other ethical issues) demonstrate the complicity of universities in covering up harassment claims and protecting their own reputations using human resource policies, due process, natural justice, confidentiality, and privacy as grounds to withhold information that is in the public interest. The clear issue of unequal power relations between professor and student in such situations seems to be ignored, but the extreme irony is that in many cases they involve male philosophers who had a professional interest in ethics.12 Such questions require reflection on one\u2019s words, deeds, actions and how congruent they are and how they impact others. In recent years several professors and senior academics in Australia and New Zealand have been removed from their positions, compelled to resign or retire due to sexual harassment of students. Some cases have been hushed up, covered by confidentiality employment arrangements so they must remain nameless, effectively freeing them to engage in ongoing predatory sexual behaviour in other arenas. Others have become public. In 2018, broadcaster and journalist Alison Mau set up the #MeTooNZ project13 about workplace sexual misconduct and harassment in New Zealand, detailing these in Stuff and Radio NZ. By May 24 2020, a Stuff article blew open a dispute where \u2018Leaders of Australian National University (ANU) in Canberra, and Auckland\u2019s AUT, are at loggerheads over whether a formal complaint against decorated scholar and Pro Vice Chancellor Max Abbott CNZM, should be investigated\u2019 (Mau, 2020). Many media reports and comments ensued and after Dame Annette King, New Zealand High Commissioner to Australia (former Labour minister) was asked to intervene to break the deadlock, the Auckland University of Technology (AUT) launched a major investigation, the \u2018Review into harassment and sexual harassment at AUT\u2019 by Kate Davenport QC, January 2021. Davenport (2021) covers both bullying (harassment) and sexual harassment and states does not have an ongoing problem with sexual harassment. Historically about 8 individuals have been identified as having harassed female staff, but these individuals are no longer employed at Educational Philosophy and Theory 2427 has one ongoing case where sexual harassment is alleged but this is before the Employment Court and subject to confidentiality orders should remain vigilant to ensure that any further allegations are dealt with promptly. (Davenport, 2021, p.7) That there should be 8 staff identified in a university with approximately 30,000 students with 4300 staff and 280 faculties at associate or professor level seems a lot. But of more concern was her damning comment about how complaints about two very high level, high profile professors (Professor and in the report, also identified in public media reports) had been poorly handled by the university have therefore concluded that did not properly respond to the issues raised by Dr and Dr D\u2019s past conduct\u201d (p. 45). It is not just academic and other workplace employment policies that muzzle complaints, leaving perpetrators nameless even if complainants might wish to identify themselves, but in Australia and New Zealand strict defamation laws work opposite to those in US, that affect how and what can be reported. As we became aware (and so consulted legal opinions on our article) and as Mau warns: \u2026if Harvey Weinstein was going to sue for defamation the women who\u2019ve come out with allegations about his behaviour, he would have to prove that what the journalists had written and what the women had said was not true. It works the opposite way here in New Zealand and in Australia. If someone brings a case against you for defamation, as the journalist you\u2019re the one that has to prove that what you wrote was true. That makes it much more difficult to publish these kinds of stories, which depend on one person\u2019s word against another\u2019s, Mau says. (Brettkelly, 2020) Not all cases are bound by confidentiality and in the #MeToo era, some students are going public, for example, at Trinity Hall, Cambridge, 22 February 2020 James Tapper reported in The Guardian: Hundreds of Cambridge students have accused the university of \u201ca complete failure\u201d to deal with complaints of sexual misconduct after an investigation that raised concerns about a conflict of interest among academics. In a letter signed by more than 500 current and former students, Cambridge University Students\u2019 Union Women\u2019s Campaign has called for colleges to be stripped of their powers to investigate sexual misconduct complaints against their own members. It comes after it emerged that Dr William O\u2019Reilly, the don then in charge of student welfare at Trinity Hall, Cambridge\u2019s fifth oldest college, appointed a panel to investigate rape allegations against a male student, then gave evidence to the panel in support of the accused. On Friday night, Trinity Hall announced that both O\u2019Reilly and the college\u2019s master, the Rev Canon Dr Jeremy Morris, were stepping back from their duties until a separate panel of Cambridge fellows issues a report on 2 March on what the college should do. Needless to say, a fairly standard response by the university and the professor in question pointed to confidentiality issues Cambridge University spokesman said: \u201cThe faculty takes its safeguarding responsibilities extremely seri- ously. It regards the welfare of its students as its highest priority. It also has a duty of care to a member of staff who is not under investigation for any offence and who protests his innocence. At the present time, Dr William O\u2019Reilly has voluntarily and temporarily stepped back from his teaching and supervising spokesperson for O\u2019Reilly said: \u201cDr O\u2019Reilly believes he acted with integrity and followed appropriate safeguarding advice throughout the various internal processes at Trinity Hall. He rejects any suggestion that he behaved improperly and is appalled that what should have been confidential procedures have been made public.\u201d In another public instance, Otago University denied lack of support for sexual assault com- plainants when a student on a Sunday programme claimed that the university prioritised its reputation over her wellbeing (McKenzie, 2019). The university subsequently published its 2428 AL. new Sexual Misconduct Policy in April 2019: \u2018The University of Otago is committed to creating an environment in which no form of sexual misconduct is tolerated and to having processes in place that reduce the likelihood of sexual misconduct.\u201914 similar situation is seen in Chile, where women academics engaged in a feminist strike across all universities in 2018, against well-known sexual harassment scandals and the lack of protection of victims (Jackson & Mu\u00f1oz\u2010Garc\u00eda, 2019). Again, the universities\u2019 response was to introduce new protocols that decrease their liability, before engaging in critical investigations of the structures and practices which enabled multiple scandals to take place across higher education up to this point. In Australia, since 2015, following \u2018The Hunting Ground\u2019 video about sexual harassment in college campuses,15 universities have begun to confront and address issues of the wider situation of sexual assault and harassment on campus. There have been several reports, audits and work by Universities Australia, the Australian Human Rights Commission (AHRC), and End Rape on Campus Australia (2018) and News (2017). These include: The Respect. Now. Always. initiative (2016); The Red Zone Report: An investigation into sexual violence and hazing in Australian university residential colleges (2018); Change the course: National Report on Sexual Assault and Sexual Harassment at Australian Universities (2017 Audit of University Responses (2017, 2018); University sexual assault and sexual harassment project (2018); Change the course: 18-month milestone (May 2019); and Nicola Henry in The Conversation (2019).16 The reports that as of July 2018, most universities have implemented the following measures, or are committed to doing so: \u2022 establish an advisory body or working group to develop an action plan \u2022 implement training and education for students in relation to sexual assault, sexual harassment and respectful relationships \u2022 take steps to increase the availability and visibility of support services \u2022 implement a review of existing university policies and response pathways \u2022 identify and train staff members and student representatives who are most likely to receive disclosures \u2022 implement practices to ensure information about disclosures and reports is collected and stored confidentially \u2022 express commitment to conduct the national survey on sexual assault and sexual harass- ment every three years (AHRC, 2019). By 2019, Henry and noted that despite progress, more needed to be done. Several themes emerged. First, sexual harassment and assault are widespread in the community, so attitudes and behaviours everywhere need to change. Second, the survey is under-reporting: The survey found sexual assault and sexual harassment were rarely reported to universities. The survey found 87% of students who were sexually assaulted, and 94% of those who were sexually harassed, didn\u2019t make a formal report or complaint to their university\u2019- i.e. \u2018the tip of the iceberg\u2019; third, \u2018domestic students were more likely than international students to report experiencing sexual assault and sexual harassment. But international students were almost two times less likely to seek support from someone in their faculty or school\u2019; fourth, \u2018only 4% of students thought their university was doing enough to provide clear and accessible information on sexual assault procedures, policies and support services. (Henry, 2019) We have only presented a few publicly available instances in a few universities in several countries, but we believe these illustrative examples point to show us how widespread the problem is. These cases represent only the tip of the iceberg, a point made in a comprehensive survey by Cantalupo and Kidder (2018). They reviewed over 300 cases obtained from: (1) media reports; (2) federal civil rights investigations (3) lawsuits by stu- dents alleging sexual harassment; and (4) lawsuits by tenure-track faculty fired for sexual harassment. Educational Philosophy and Theory 2429 Two points emerged from their study: First, contrary to popular assumptions\u2026 most of the cases reviewed for this study (53%) involved faculty alleged to have engaged in unwelcome physical contact dominated by groping, sexual assault, and domestic abuse-like behaviors. Second, more than half (53%) of cases involved professors allegedly engaged in serial sexual harassment. \u2026The vast majority of cases remain under the waterline (i.e., confidential) and out of public view or only visible in limited ways. Just as confidentiality generally and confidential settlements in particular constrain our public understanding of employment discrimination (including sexual harassment), here too method- ological limitations must be worked through and considered in order to know what to make of our findings based on iceberg cases \u201cabove the waterline.\u201d \u2026In addition, the empirical research both inside and outside of academia shows rates of sexual harassment and sexual violence that are much higher than the number of reports of such conduct to anyone in an official capacity. Indeed, that sexual harassment is a significantly and consistently underreported problem, whether on a campus or not, is well-established. With respect to workplace sexual harassment overall, estimates indicate that \u201conly 1% of victims participate in litigation\u201d. University institutional ethics often work as an indemnification policy rather than to promote and protect staff and students. The problem with this reputational protection is that it still leaves the said professor free in other contexts, such as participation in learned societies, to continue predatory sexual behaviour (Jackson, 2019). The university is unconcerned. Its priority is to protect itself and everyone is reduced to silence on pain of legal proceedings. The uni- versity thereby becomes complicit in the cover-up at the expense of further potential victims of sexual misconduct. Philosophers of education must also now grapple with the fact that being philosophical about ethics and virtue does not make you a better person, and that academic societies are not sealed off from the rest of the world, of universities and societies where harassment and bullying is not a rarity but is in fact a norm. Confidentiality agreements mean that for learned and academic research societies, if there is an instance of sexual harassment but an so a university cannot disclose or confirm it, perpetrators can remain society members. Unless they admit it, we cannot expel them despite society rules about misconduct. Consequently, the American Educational Research Association and the Philosophy of Education Society (PES) have started imple- menting policies to discourage and prevent these experiences. The Executive now has female and male member allies for people to talk with confidentially and is developing strategies to ensure and maintain a safe environment for members and conference attendees. Academic communities must be more vigilant and consider more reflexively the type of atmosphere they purport to uphold when it comes to junior versus senior scholars. In philos- ophy of education there have also been concerns about sexual harassment of young women, which may lead to them not attending conferences or activities due to concerns over grooming and predatory behaviour wherein an older professor will encourage them to discuss their work and ideas, and maybe even suggest publication or collaboration, and then talk to them about their looks or touch them in inappropriate ways. That this happens in academic conferences may be shocking to some, but it is a not uncommon experience for younger women academics, especially those from Asian and ethnic minority groups (Jackson, 2019). Recently surveyed its members to discover how common experiences of sexual (as well as gendered and ethnic/ racial) harassment were, to develop a better understanding of the issues faced at the community level, after it discovered \u2018troubling behavior towards female members and members of color\u2019 (Jackson & Mu\u00f1oz\u2010Garc\u00eda, 2019). What can we do to make universities more accountable for institutional ethics that are selectively applied? How can we support and protect students who are subject to sexual harass- ment? What of the academic who everyone (except the student affected) \u2018knows\u2019 harasses students, or the student who complains or discusses with an advisor, but nothing can or will be done to discipline the academic because the student refuses to testify? 2430 AL. As Jackson and Mu\u00f1oz\u2010Garc\u00eda (2019) argue, efforts to decrease sexual harassment in univer- sities depend crucially on how they conceive of harassment and respond to it. For one, ambiguity regarding what constitutes misconduct or harassment enables it to take place. As they note, in surveys of students, \u201878 percent of students experienced professor behaviors that could be characterized as sexual harassment,\u2019 yet only 3 percent asserted that they had been harassed.\u2019 This is due to stringent definitional requirements for identifying harassment. These requirements stem from a genealogy of the concept rooted in employment law, while in higher education relationships are not bound by such rigid enforced hierarchies. On the contrary, students and teachers in universities, and particularly star professors, are applauded for blurring such lines, making it in some cases difficult to defend that a case is sexual harassment. Academics with a long history of experience in university life know this terrain far better than younger initiates, and may take careful steps to induce complicity, first to borderline and vague boundary-crossing behaviour, before moving into more threatening and harmful terrain. By the time a new and impressionable student realises a line has been crossed, they may already see themselves as compromised, and be worried that a burden of proof will be put upon them in deciding a case, to prove they did not comply with behaviour all along. Those who have been accused before or are engaged in such grooming techniques understand and take advantage of the ambiguity of legal definitions, and the challenges iden- tifying harassment creates for victims, and their actions are informed by understanding this terrain better than students. In this context, tactics oriented toward prevention are more useful than reaction after the fact: a focus on prevention requires making harassment visible and speakable, foregrounding the institutional, and communal, over the individual. Policies that do not emphasize prevention, in contrast, fail to recognize sexual harassment as embedded and normalized in a social and cultural context, and also how institutions reproduce injustices and inequalities through mechanisms that enable and naturalize unjust practices. Instead, the problem and responsibility is put on the individual to know and act against harassment. (Jackson & Mu\u00f1oz\u2010Garc\u00eda, 2019) When universities react rather than work to prevent harassment, they reduce a structured and patterned phenomenon into multiple singular cases of \u2018he said, she said\u2019. This puts a burden of proof on the accuser, as the accused is treated as innocent until proven guilty. However, the accuser is usually far less powerful and adept at accessing social and institutional resources and knowledges than the accused, who can use their social and cultural resources to discredit the accuser. Indeed, some high-profile professors, such as Gabriel Salazar, a Chilean National Prize of History, defend accused professors against victims, stating didn\u2019t see them [the complainants] so destroyed psychologically. Those who are destroyed are the two accused professors. They are screwed do not know if a stupid harassment is enough for the loss that was produced by this situation [the dismissal of both professors]. (Jackson & Mu\u00f1oz\u2010Garc\u00eda, 2019) It is in the interest of institutions to work to protect themselves before individuals and communities, and to treat harassment as a matter of individuals that has nothing to do with the institution. But by individualising the experiences to singular cases, and putting in place protocols for reaction, universities evade questions about their own ethics and complicity. And they exacerbate inequities and vulnerabilities given the unequal power of complainants and the accused in most cases. High-profile ethicists are hardly more virtuous than their students in such cases. For this reason, we appeal to universities to enact a more virtuous treatment of different members of its community when it comes to harassment (Jackson & Mu\u00f1oz\u2010Garc\u00eda, 2019). Those that seek the cultivation of academic superstars over safety are to blame for enabling harms to students, as a neglect of their education. Universities must consider themselves ethical actors in this case, as they provide the foundation for creating environments of harm and unease among students, or environments where learning and opportunities can be assured in a more fair manner. Educational Philosophy and Theory 2431 We conclude with the words of Professor Catherine Lumby in The Red Zone Report (Lumby 2018): As an academic, my first responsibility is always to my students and a primary part of that is ensuring they feel safe on their campus. Like the vast majority of my colleagues care deeply about equity for all students. Yet how can there be educational equity for women, members of the community or any male regarded as not appropriately masculine if they have to face harassment and assault on campus and in their residences? \u2026As the #MeToo movement has shown, those who fail to act immediately and transparently on the sys- temic problem of sexual harassment, sexual assault and bullying detailed in this report will be called out. All organisations across every sector are now on notice about these issues. Calling in a public relations firm no longer works. The only solution is to confront the truth and act on it by researching the culture and implementing evidence based education programs. No one can learn if they live under the shadow of violence or abuse. Notes 1. Nina Funnell, (2017) quoted in End Rape on Campus, Also a few days earlier: Nina Funnell, (2017) Sixteen of my students at the University of Sydney told me they were raped, Sydney Morning Herald, February 24, 2017, s-at-the-university-of-sydney-told-me-they-were-raped-20170224-gukz30.html 2. 3. harvey-weinstein-verdict.html y-verdict-latest-live-updates 4. legations: gle.com&gwh=467BDE0B8059E7DF3DC6C0EB1EE1FAC3&gwt=pay&assetType=REGIWALL: com/global-metoo-movement-convictions-charges-382ff226-7ad3-4b26-ac89-451788192578.html; https:// esses-of-sexual-harassment?cid=app-iPhone 5. 6. See \u2018Letter from Concerned Philosophers\u2019 at m-concerned-philosophers/ 7. 8. Open Letter Regarding Thomas Pogge, (2013), https:// dailynous.com/2016/06/20/open-letter-regarding-thomas-pogge/ 9. See: cles/905619?scroll=1&related=1?copied=1; s-fight-harassment-suit-against-star-professor 10. Sasha Langholz, report- er for The Daily Californian, an independent student-run newsroom, former-professor-john-searle-loses-emeritus-status-over-violation-of-sexual-harassment-retaliation-policies/ 11. 12. 13. Alison Mau launches #metoo investigation into sexual Harassment in New Zealand. national/101862288/alison-mau-launches-metoonz-investigation-into-sexual-harassment-in-new-zealandhttps:// 14. 15. The Hunting Ground documentary, 2015, 16. Universities Australia (2016) Respect. Now. Always, respect-now-always/; Australian Human Rights Commission (AHRC) (2017a), sex-discrimination/publications/change-course-national-report-sexual-assault-and-sexual; Australian Human Rights Commission (AHRC) (2017b), University%20Response%20Audit%20with%20responses.pdf; Australian Human Rights Commission (AHRC) (2018a), d-sexual-harassment-project; Australian Human Rights Commission (AHRC) (2018b), gov.au/sites/default/files/AHRC_Aug2018_Uni_Audit_snapshot.pdf; Australian Human Rights Commission 2432 AL. (AHRC) (2019), stone; Nicola Henry (2019), to-sexual-assault-but-theres-more-to-be-done-111343 News (2017) University sexual assault report: Half of students harassed at least once in 2016 News, 1 Aug 2017. Acknowledgements We would like to thank Associate Professor Rachel Buchanan, University of Newcastle, Australia for directing us to the recent work undertaken in Australia by and universities. We also wish to thank the legal advisors in both Australia and New Zealand whom we consulted. As a result of their advice we revised earlier versions of this paper. Disclosure statement No potential conflict of interest was reported by the authors. Notes on contributor Tina Besley is a Distinguished Professor, Faculty of Education at Beijing Normal University, China. She is a Fellow of: the Royal Society of Arts; the Philosophy of Education Society of Australasia, and the Association for Visual Pedagogies. She is Past President and Founding President of the Association for Visual Pedagogies. Tina is Project Manager and Editor of Agora, and deputy editor of Educational Philosophy and Theory. She is founding editor of E-Learning & Digital Media (Sage); Knowledge Cultures (Addleton); Video Journal of Education and Pedagogy (Brill) and on the board of many other journals and book series. Tina has written many journal articles and books including with Michael A. Peters Pandemic Education and Viral Politics. Liz Jackson is Professor of International Education at the Education University of Hong Kong and is Past President. Liz is an editor for New Directions in the Philosophy of Education , Educational Philosophy and Theory: Editor\u2019s Choice, and Deputy Editor for Educational Philosophy and Theory. She has written, Muslims and Islam In Education: Reconsidering Multiculturalism; and Questioning Allegiance: Resituating Civic Education. Michael A. Peters (FRSNZ) is Distinguished Professor at Beijing Normal University, and Emeritus Professor University of Illinois Urbana-Champaign. He has Honorary Doctorates from Aalborg University, Denmark and SUNY, New York. Michael is Editor-in Chief of Educational Philosophy and Theory and Beijing International Review of Education (Brill). He is founding editor of Policy Futures in Education (Sage); E-Learning & Digital Media (Sage); Knowledge Cultures (Addleton); Open Review of Educational Research (Taylor & Francis); Video Journal of Education and Pedagogy (Brill) and on the board of many other journals and book series. Michael has written over 100 books and many journal articles on a wide range of topics and has worked with and mentored many younger scholars Michael A. Peters Liz Jackson Tina Besley References News. (2017). University sexual assault report: Half of students harassed at least once in 2016 News, 1 Aug 2017. Abundez-Guerra, V. F., Nobis, N. (2018). Responding to Morally Flawed Historical Philosophers and Philosophies, 1000-Word Philosophy: An Introductory Anthology, 17 July 2018. responding-to-morally-flawed-historical-philosophers-and-philosophies/ Australian Human Rights Commission (AHRC). (2017a). Change the Course: National Report on Sexual Assault and Sexual Harassment at Australian Universities (2017). publications/change-course-national-report-sexual-assault-and-sexual Australian Human Rights Commission (AHRC). (2017b). Audit of university responses to the Change the course report Snapshot of progress: August 2017. FINAL%20University%20Response%20Audit%20with%20responses.pdf Educational Philosophy and Theory 2433 Australian Human Rights Commission (AHRC). (2018a). Audit of university responses to the Change the course report Snapshot of progress: August 2018. Uni_Audit_snapshot.pdf Australian Human Rights Commission (AHRC). (2018b). University sexual assault and sexual harassment project, 1 August, 2018. d-sexual-harassment-project Australian Human Rights Commission (AHRC). (2019). Change the course - 18 month milestone, 14 May 2019. https:// Brettkelly, S. (2020). The Detail, Podcast, 25 June 2020. Cantalupo, Nancy C., & Kidder, William C. (2018 systematic look at a serial problem: Sexual harassment of students by university faculty. Utah Law Review. 2018, 3. Davenport, K. (2021). Review into harassment and sexual harassment at by Kate Davenport QC. aut.ac.nz/__data/assets/pdf_file/0008/486377/independent-review-report.pdf End Rape On Campus Australia. (2018). The Red Zone Report: An investigation into sexual violence and hazing in Australian university residential colleges. fae/t/5a95cf99e4966ba2c2a64ca5/1519767581881/The+Red+Zone+Report+2018; | Farin, I., & Malpas, J. (Eds). (2016). Reading Heidegger\u2019s black notebooks 1931\u20131941. Mit Press. Goldhill, O. (2019 philosopher accused of sexual harassment started a company to advise on business ethics. Quartz, July 2019, ncy-to-advise-on-business-ethics/ Heidegger, M. (Trans. R. Rojcewicz). (2017a). Ponderings VII-XI: Black Notebooks 1931\u20131938. Indiana University Press. Heidegger, M. (Trans. R. Rojcewicz). (2017b). Ponderings XII- XV: Black Notebooks 1931\u20131938. Indiana University Press. Heidegger, M., (Trans. R. Rojcewicz). (2016). Ponderings II\u2013VI: Black Notebooks 1931\u20131938. Indiana University Press. (May 2, 2016) Henry, N. (2019). Universities have made progress on responding to sexual assault, but there\u2019s more to be done. The Conversation, February 11, 2019. to-sexual-assault-but-theres-more-to-be-done-111343 Illich, I. (1977). Disabling professions. Marion Boyars Publishers Ltd. Jackson, L. (2019). The smiling philosopher: Emotional labor, gender, and harassment in conference spaces. Educational Philosophy and Theory, 51(7), 693\u2013701. [Online 2017] Jackson, L., & Mu\u00f1oz\u2010Garc\u00eda, A. L. (2019). Reaction is not enough: Decreasing gendered harassment in academic contexts in Chile. Educational Theory, 69(1), 17\u201333. Lumby, C. (2018). Foreword, The Red Zone Report: An investigation into sexual violence and hazing in Australian university residential colleges. End Rape On Campus Australia. Mau, A. (2020). Trans-Tasman universities at war over top scholar\u2019s \u2018sexual stalking. Stuff, May 24, 2020. https:// McKenzie, J. (2019). Otago University denies lack of support for sexual assault complainants. TV1, June 10, 2019, Mitchell, A. J., & Trawny, P. (2017). Heidegger\u2019s black notebooks: Responses to anti-semitism. Columbia University Press. Peters, M. A., & Besley, T. (2019). Weinstein, sexual predation, and \u2018Rape Culture\u2019: Public pedagogies and Hashtag Internet activism. Educational Philosophy and Theory, 51(5), 458\u2013464. Sch\u00f6negger, P., & Wagner, J. (2019). The moral behavior of ethics professors replication-extension in German-speaking countries. Philosophical Psychology, 32(4), 532\u2013559. 87912 Schuessler, J. (2013 Star Philosopher falls and Debate over sexism is set off. New York Times. August 2, 2013. Schwitzgebel, E., & Rust, J. (2014). The moral behavior of ethics professors: Relationships among self-reported behavior, expressed normative attitude, and directly observed behavior. Philosophical Psychology, 27(3), 293\u2013327. Schwitzgebel, E. (2014). The moral behavior of ethicists and the role of the philosopher. In C. Luetge, H. Rusch, & M. Uhl (Eds.), Experimental ethics. Palgrave Macmillan. Tapper, J. (2020). Students slam Cambridge over handling of sexual misconduct cases. The Guardian, Feb 22, 2020. iOSApp_Other Universities Australia. (2016). Respect. Now. Always. Wanna, C. (2019). Three Disturbing Results: Investigating the culture within Yale\u2019s Philosophy Department, Yale Daily News, September 20, 2019. Zweifler, S. (2013). Philosopher\u2019s downfall, from star to \u2018ruin,\u2019 divides a discipline. The Chronicle of Higher Education, July 1, 2013,", "7293_106.pdf": "Donate | Read the Print Edition Subscribe | Join the 21, 2025 Without clear procedures, Yale hired Pogge amid allegations of sexual misconduct | 11:16 26, 2016 In 2008, Yale hired renowned philosophy professor Thomas Pogge \u2014 who has recently been accused of sexual misconduct by a former Yale student \u2014 even though some at the University were already aware of a prior sexual misconduct allegation made against him during his time at Columbia University. When Fernanda Lopez Aguilar \u201910 filed a complaint against Yale with the Department of Education\u2019s Office for Civil Rights in 2015, she raised concerns about how the University handled her allegation of sexual misconduct against Pogge, who has been accused by a host of other women of using his fame and position to make unwelcome sexual advances. But questions about Yale\u2019s handling of these accusations stem back decades before Lopez Aguilar. An allegation of sexual harassment was brought against Pogge by a philosophy graduate student in 1995, during Pogge\u2019s time at Columbia, raising questions about whether \uf002 Yale was aware of the allegation when Pogge was hired and what processes were in place to investigate it. Recent interviews with administrators and faculty members suggest that Yale has few formal procedures for investigating allegations of misconduct made against potential faculty hires. Pogge said Yale was aware of the single allegation at Columbia. \u201cYale knew about it and questioned me about it before hiring me,\u201d said Pogge, who was hired directly from Columbia. \u201cThey also checked with others at Columbia.\u201d He would not provide further details or the names of the specific administrators who approached him about the matter. But political science and philosophy professor Seyla Benhabib, one of three members on Pogge\u2019s hiring committee, said the allegation was not raised during the committee\u2019s work. University President Peter Salovey, who served as Yale College Dean during Pogge\u2019s recruiting and hiring process, would not comment on any specific cases. Benhabib said she had heard informally through a friend about a possible sexual harassment incident at Columbia involving Pogge. She said she does not know if the other two committee members were formally or informally aware. \u201cSince Pogge himself continued to be a faculty member in good standing at Columbia University, the matter did not seem to be worth pursuing further,\u201d she said. \u201cTo the best of my knowledge, there were no official communications between any colleagues and officials at Columbia and our committee or the Yale administration.\u201d But philosophy professor Shelly Kagan, who was chair of the interdisciplinary search committee that recommended hiring Pogge, said if he had been made aware of any allegations, he would have informed the administration. \u201cHad anything been brought to our attention want to assure you that they would have been pursued,\u201d Kagan said. \u201cIt is very important to us that we have a respectful atmosphere. No rumors would have been dismissed on the ground that they were only rumors.\u201d He declined to comment on whether he knew about the specific allegations made against Pogge. Usually, the hiring of a tenure-rank professor requires the approval of the relevant divisional committee and department chair. The Yale College dean, as well as a few other deans involved in hiring at the time, would have been informed of Pogge\u2019s hire. Still, within the hiring process, Yale does not have a clear procedure for investigating allegations of sexual misconduct made against faculty search candidates. There is no University policy or American law that requires Yale to conduct preemptive screenings or investigate potential misconduct that occurred at candidates\u2019 previous institutions. Yale does not actively seek such information. Yale spokesman Thomas Conroy said Yale may contact previous employers if the University learns about the behavior of a potential candidate that would make the person \u201cunsuitable for employment at Yale.\u201d \u201cWhen the University receives credible information indicating that a person has behaved in a way that would make that person an unsuitable candidate for employment, it investigates the allegation to the extent possible,\u201d Conroy said. \u201cThis can be difficult because employers are often prevented by law or concern about liability from discussing personnel matters with other institutions.\u201d Asked about specific procedures regarding such investigations, Conroy emphasized that previous employers often do not provide certain information due to state privacy laws or potential liability. He did not offer other details. New Haven employment lawyer Joe Garrison acknowledged that universities\u2019 requirements are complicated in situations involving allegations against potential employees complaint does not equal a conviction,\u201d Garrison said. \u201cEmployers in general want to find out if potential employees have a history of misconduct. The overall question is whether people have to disclose all their information.\u201d Benhabib would not say whether she considered broaching Pogge\u2019s case at Columbia to the administration and the rest of the hiring committee. \u201cNo one in 2007 could have predicted that Professor Pogge\u2019s faulty behavior toward female colleagues and students would continue into 2016,\u201d she said. \u201cThis is only 20-20 hindsight and not quite fair to those of us who recruited a world-class scholar in good faith.\u201d Besides Benhabib, it is unclear how many individuals at Yale were aware of the allegation that had been made against Pogge at Columbia. Former Columbia philosophy professor Charles Larmore, who was aware of the allegations against Pogge because he was chair of the department at the time, had informed University of Chicago philosophy professor Martha Nussbaum about the incident around 2000. When Nussbaum was being recruited by Yale\u2019s philosophy department and the Yale Law School in 2007 \u2014 around the same time as Pogge \u2014 she mentioned the allegation to a Yale faculty member, she said. But Nussbaum said she cannot remember whether that individual was in the philosophy department or the law school, and she is also not sure if the person had any say in Pogge\u2019s hiring process. Regardless, rumors of the allegations were spreading. Larmore told the News that by the time Yale hired Pogge, more people knew about the incident than just Nussbaum and a few of Larmore\u2019s old colleagues at Columbia. He said academics in both the U.S. and Germany told him they had heard rumors about Pogge\u2019s behavior at Columbia and elsewhere. Professors outside of the philosophy department said they are concerned that Yale made the decision to hire Pogge despite the allegations against him, and also that there is no University or legal requirement to conduct background checks during faculty searches. Political science professor Steven Smith said that in his experience, there is \u201cvirtually no investigation\u201d into the background or behavior of candidates for academic positions. Smith said Pogge\u2019s case seemed to have been a \u201cpiece of flagrant oversight\u201d by the hiring committee. Allegations were already surfacing at the time, Smith said, according to his knowledge of the situation can\u2019t help wondering if the decision not to investigate more vigorously the candidate\u2019s background was in some respect connected to his well-known political views,\u201d Smith said, referring to Pogge\u2019s famous \u201cultra-liberal\u201d beliefs and stance on global justice. Classics professor Emily Greenwood, currently the chair of the Faculty of Arts and Sciences Senate, said a formal procedure requiring a hiring department to vouch for a candidate\u2019s professional ethics might improve future scenarios am not in a position to comment on the details of this case because am not party to them, but to my mind a hypothetical scenario in which a university is aware of allegations of sexual harassment and subsequent disciplinary measures against an academic who is being considered for employment, but hires them anyway, is profoundly disturbing,\u201d Greenwood said. The current absence of a formal structure does not mean nothing can be done, Molecular Biophysics and Biochemistry professor Andrew Miranker said. For example, faculty members often use letters of recommendation to judge both scholarship as well as behavior to a certain extent. Benhabib said handling rumors or even charges of sexual harassment during the search process without violating the privacy of the individuals involved can be a \u201cdelicate matter.\u201d Until recently, she has never heard of records of sexual harassment going public, but she acknowledged that they are becoming increasingly so. \u201cWe need rules about this,\u201d Benhabib said would welcome our Faculty Senate to discuss these matters and to draw up some guidelines for search committees.\u201d Meanwhile, at other universities, information about Pogge\u2019s history may have played a role in preventing his hire. According to an affidavit written by Nussbaum to support Lopez Aguilar\u2019s 2014 pre-action filing against Yale, which was obtained by the News, Pogge was a candidate at the University of Chicago about a decade before he was hired at Yale. When there was a vacancy in the political science department around 2000, Iris Young \u2014 a senior professor in the department \u2014 thought Pogge would be a good appointment for the position. But Larmore, who also taught at the University of Chicago at the time, told Nussbaum and Young about the Columbia incident involving Pogge, and Young dropped the idea of recruiting Pogge. In her affidavit, Nussbaum recalled that Larmore believed the matter was \u201cquite serious\u201d and likely part of \u201can ongoing pattern.\u201d Larmore said he remembers telling Nussbaum about the incident and opposing the idea of bringing Pogge to the University of Chicago, but he said he does not remember if the allegation was ever brought up before the political science department. The Yale Philosophy department homepage displays links to University resources regarding sexual misconduct as well as a department statement about creating a safe environment for all students. Correction, Aug. 2 previous version of this article inaccurately stated that Shelly Kagan was chair of the Philosophy Department when Pogge was hired; in fact, Kagan chaired the interdisciplinary committee that recommended hiring Pogge. The article has also been updated to clarify the administrators who would have been informed about his hire CO., INC. 202 York Street, New Haven 06511 | (203) 432-2400 Editorial: (203) 432-2418 | [email protected] Business: (203) 432-2424 | [email protected] 2025", "7293_107.pdf": "169 Philosophers Condemn One Of Their Own Accused Of Sexual Harassment Thomas Pogge's peers deplored his \"harmful actions toward women.\" By Tyler Kingkade Jun 20, 2016, 04:26 Support Us Yale hired Thomas Pogge despite a previous reprimand for sexual harassment. (Image: Tobias Klenze 4.0 4.0 group of 169 philosophy professors signed an open letter condemning the behavior of Thomas Pogge, a well-known ethicist based at Yale University, as more allegations come to light accusing him of harassing young women. In the letter released Monday morning, they express hope that the U.S. Department of Education's Office for Civil Rights will investigate Yale's response to reports that Pogge sexually harassed Fernanda Lopez Aguilar, a former student of his, and that he had acted inappropriately with other young women of color. He was previously accused of sexual harassment as a professor at Columbia University in the 1990s. Some of the professors who signed the letter are also pledging to skip out on conferences in which Pogge is involved and to remove his work from their curricula. The \"academic community must make its own decision about how to respond in light of what has been made public,\" the letter states. \"We write, then, to express our belief that the information now in the public domain ... suffices to demonstrate that Pogge has engaged in behavior that violates the norms of appropriate professional conduct.\" \"We strongly condemn his harmful actions toward women, most notably women of color, and the entire academic community,\" the letter concludes The letter is signed by faculty from elite universities throughout the U.S., including 16 from Yale -- about half of the philosophy faculty there -- as well as professors from Belgium, Canada, the United Kingdom and Norway. Though he is based at Yale, Pogge also holds academic positions at the University of Oslo, King's College London and the U.K.'s University of Central Lancashire. Stephen Darwall and Olav Gjelsvik, the chairs of philosophy at Yale and Oslo, both signed the letter. Alison Jaggar, a well-respected philosopher who edited a book on Pogge's work, signed the letter. More than 150 other students and faculty added their names on Monday afternoon, putting the total signatories over 300. \"I'm saddened by the fact that this was necessary, and that getting to this point has required the courage of so many victims, informants, and activists, all of whom have made significant sacrifices and will receive nothing in return,\" said Heidi Lockwood, a Southern Connecticut State University professor who helped organize the missive. \"Public shunning is a last resort, to be used in cases in which the formal university channels fail -- in this case, due to technicalities about the boundaries of jurisdiction, and perhaps also due to a lack of will \u201cIf Columbia had not let Thomas get away with his behavior in the 1990s, many young women would have been spared his mistreatment.\u201d - Columbia professor Christia Mercer Pogge was reprimanded for sexual harassment at Columbia around the academic year of 1994-95. He was also barred from entering a building whenever the student whom he was accused of harassing had classes there, according to documents submitted with Lopez Aguilar's complaint to the Education Department's Office for Civil Rights. One of those documents was a signed affidavit submitted by professor Christia Mercer, who has taught philosophy at Columbia since 1991. Mercer cited as evidence an internal report about Pogge's behavior that she'd seen and a conversation with someone who had been an administrator at the time The university allegedly instructed several people with knowledge of these incidents not to speak about Pogge's case publicly or to others in the philosophy department. \"If Columbia had not let Thomas get away with his behavior in the 1990s, many young women would have been spared his mistreatment,\" Mercer told HuffPost. Columbia declined to comment on the allegations against Pogge or its response to them. But Pogge denied harassing anyone and disputed that he was asked to avoid any building on campus. \"Instead of a formal investigation and hearing, the issue was resolved through 'mediation' where committed not to seek contact with her, not to seek access to her records, not to retaliate against her, not to participate in departmental deliberations about her and not tell others about the complaint,\" Pogge told HuffPost on Monday. Yale knew that the professor had been accused of sexual harassment at Columbia when it recruited him in 2007. Pogge has confirmed that himself, even while insisting the charges he faced were fallacious. However, in 2010, Lopez Aguilar told Yale that Pogge sexually harassed her during a conference in Chile hosted by the university's law school and that he withdrew an employment offer after she rejected his advances. She had just earned her bachelor's degree from Yale and was working briefly for the professor. Pogge has said that \"none of the alleged misconduct ever took place\" and made public emails between him and Lopez Aguilar that he said should help clear his name. Yale initially paid Lopez Aguilar $2,000 in exchange for her signing a gag order about her claims. The following year, the school, by then under a federal Title investigation of its own, looked into her allegations. It found Pogge responsible for professional misconduct, but not harassment. Lopez Aguilar filed complaints over Yale's handling of the case with the Education Department in 2011 and 2015. \"Yale has dropped the ball,\" said James Sterba, a University of Notre Dame philosophy professor Yale declined to offer any comment. \u201cYou don't need him. He carries too much baggage -- he doesn't have to be cited anymore.\u201d - Notre Dame professor James Sterba Since Lopez Aguilar went public with her story in May, additional women have said that Pogge acted inappropriately toward them. Princeton University philosopher Delia Graff Fara, one of the people who signed the letter, released a brief statement last month saying that Pogge had harassed her during her senior year at Harvard in 1990-91 when he was a visiting professor. He kept her late after dinner one night and started rubbing her thigh, she said. Erin Kelly, a philosopher at Tufts University, came forward over the weekend with a brief comment stating that Pogge had invited her to stay in his apartment in 1984 when she was considering going to graduate school at Columbia. Kelly said he had displayed \"inappropriate behavior,\" but she did not sign the open letter Pogge told HuffPost he does not recall either interaction, but said that \"lots of people stayed in my apartment in NYC, and might well have offered her to stay there while looking at apartments and might then have sent her the key if expected to be out of town.\" Prior to news articles published last month by BuzzFeed and HuffPost, some professors had been working behind the scenes to share what they knew about Pogge's behavior and to encourage other academics to shun him. Those sorts of individual efforts are continuing in light of the public allegations. Sterba, for instance, said he's no longer including Pogge's work in exams for his graduate students. \"You don't need him. He carries too much baggage -- he doesn't have to be cited anymore,\" Sterba said. \"He's a negative image and we don't need that. Maybe if he was Einstein we'd have to cite him, but he's not.\" Wendy Brown, a philosopher at the University of California, Berkeley, was invited to participate in a conference that Pogge was co- organizing. But she said she declined in part due to his behavior that was at the very least \"exploitative of subordinates \"The careers of the sexual harassers are essentially being protected by the institutions,\" Brown said, \"and the careers of the objects of harassment are being sacrificed -- that's why signed the letter.\" _______ Tyler Kingkade is a national reporter, focusing on higher education and sexual violence, and is based in New York. You can reach him at [email protected], or find him on Twitter: @tylerkingkade. Go Ad-Free \u2014 And Protect The Free Press The next four years will change America forever. But HuffPost won't back down when it comes to providing free and impartial journalism. For the first time, we're offering an ad-free experience to qualifying contributors who support our fearless newsroom. We hope you'll join us Already contributed? Log in to hide these messages Related Coverage: How Feminist Academics Dealt With An Ethics Professor Accused Of Harassment Yale\u2019s Renowned Global Justice Professor Is Accused Of Sexual Harassment Yale Prof Said Being Investigated For Sexual Harassment Caused His Heart Attack Suggest a correction | Submit a tip Jimmy Fallon Teaches Trump Lesson Over Push To Shutter Department Of Education Did Something Extreme To End My Marriage Thought It Would Save Me, But It Didn't. Male Panelist Gets Expertly Shut Down For Touching Woman \u2014 And For Good Reason \u2018She Is Not Hannibal\u2019: Dad Details Horrific Way British Backpacker Daughter Was Treated By Part of HuffPost News. \u00a92025 BuzzFeed, Inc. All rights reserved. The Huffington Post"} |
7,218 | Joel Hunter | Arizona State University | [
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] | {"7218_101.pdf": "One morning last spring, Becca Smouse, a first-year student at Arizona State University's Barrett, The Honors College, jumped in her car and headed to Tempe for her intensive freshman seminar course, the Human Event. The Human Event in many ways is the linchpin of Barrett's programming. It covers an ambitious... One morning last spring, Becca Smouse, a first-year student at Arizona State University's Barrett, The Honors College, jumped in her car and headed to Tempe for her intensive freshman seminar course, the Human Event. The Human Event in many ways is the linchpin of Barrett's programming. It covers an ambitious topic -- the history of human ideas -- and is designed to challenge how students think through intensive reading, writing, and discussion. Through the Human Event class and subsequent study-abroad trips, Barrett students begin to form the strong relationships with professors they will need as they move on to become teaching assistants and interns, to seek supervisors for their honors theses, and to apply for graduate school and jobs. The class is important, and so are the relationships it helps students to form. But that March day, Smouse and her classmates found an unexpected note on their classroom door. It informed them that their professor, Dr. Joel Hunter, wouldn't make it in that day, or for the rest of the week. Smouse found the message odd, especially because Hunter usually was very communicative and it was unlike him to let students come all the way to campus just to find out that class was canceled. \"Why didn't he just e-mail us?\" she wondered. Turns out, Dr. Hunter was never coming back substitute arrived the next week, and students were told that Hunter wouldn't return that semester. Smouse says she and other students were worried about him at first. Then, rumors began to swirl. Jokes about Hunter getting fired for sleeping with a student soon turned into campus-wide gossip. But Barrett's administration remained silent. Smouse says she was disappointed in the lack of transparency, especially given the tight-knit nature of the school. And she began to hear another rumor: This wasn't the first time something like this had happened at Barrett. When an anonymously written blog post confirmed the gossip about Hunter, Smouse, a young journalist in training, responded the only way she knew how. She wrote about it, in an April 14 opinion piece for ASU's campus newspaper, The State Press Barrett, the Honors College at ASU, Is a Close-Knit Community; Some Say Too Close By Ashley Cusick January 7, 2015 Listen to the article now 1.0x Audio by Carbonatix Privacy Policy \"Unfortunately, the professor's controversial dismissal seems to have been left largely untouched by Barrett administration,\" she wrote. \"Rumors buzzing and parental concerns rising, the spotlight is shining brightly on the college's lack of acknowledgement. Many also see firing the professor as a cop-out, simply sweeping the problem under the rug of Barrett embarrassments. By cutting out the professor, it seems the college hoped to avoid confronting the situation all together.\" Turns out, sweeping Barrett's troubles under the rug hasn't been so easy. One of Rebecca Smouse's Barrett classmates, Jane -- who asked to not be identified by her real name -- also was disappointed in the school's response. But Jane wasn't just a student in Joel Hunter's class. She also was his lover. In an April 10 blog post for a website called Sun Devils Against Sexual Assault, Jane laid out details about her relationship with Hunter, the process of reporting him to the school, and his subsequent dismissal. In the first 72 hours after her post was published, an attached petition calling on Barrett's dean to fire predatory professors collected more than 400 signatures. \"For the past 15 years, ASU's Barrett Honors College has been home to professors who sexually harass and sexually abuse students,\" the petition says. \"While romantic relationships between professors and students may seem consensual, the imbalance of power makes these relationships inherently coercive and abusive.\" Today, the petition has more than 1,000 signatures. Jane's story is not unique. In the past few years, Barrett has terminated the contracts of at least three professors who engaged in sexual relationships with students. Joel Hunter and Dr. Eric Susser were told their contracts were not being renewed after they admitted to violating ASU's student-professor relationship policies, and Dr. David Conz committed suicide after his contract was dropped when a student reported he'd given alcohol to the Barrett freshman he was dating. Police records, documents given to New Times by involved students, and reports by other media outlets confirm the terminations. But some say the number of Barrett faculty members skirting the rules -- and whose contracts may have been dropped -- actually is far higher. Barrett administrators aren't talking, but Mark Johnson, an spokesman, replied on their behalf. \"Such relationships are inappropriate and do not comport with how we expect members of the faculty and lecturers to behave,\" Johnson says, \"and when such relationships are brought to our attention, appropriate steps are taken.\" In a three-month investigation of the issues at Barrett, New Times interviewed former and current Barrett students and staff and reviewed hundreds of pages of internal university documents, written student testimonials provided to the government in a formal complaint, and police reports president Michael Crow did not respond to an interview request. Many of New Times' public records requests -- asking for everything from personnel files to police reports on these and other cases -- went largely ignored or unfilled. Much is still unknown. But one thing is clear: Inappropriate student-professor relationships at Barrett have been a poorly kept secret for years has, in fact, had its share of troubles when it comes to sex Privacy Policy In May 2014, just a few weeks after Jane's blog post was published, the U.S. Department of Education's Office for Civil Rights made an unprecedented move: It announced the names of all schools being investigated for possible violations of Title IX, the federal legislation dictating how sexual violence and harassment complaints should be handled at schools that receive federal funding was on the list of 55 schools Department of Education spokesman says the Office for Civil Rights is still investigating the university, but he did not provide further details. For the most part, the problems at have been linked to two worlds where these issues are better known: fraternities and athletics previously settled federal lawsuits dealing with the university's responses to two alleged sexual assaults, one involving a football player and the other a member of the Sigma Chi fraternity. But a Title complaint filed in June 2014 by Jasmine Lester, a former Barrett student, asks the Office for Civil Rights to focus on a different sexual abuse problem on campus: that of professors sleeping with their undergraduate students. At Barrett, and across all of ASU, professor-student relationships are banned in certain contexts, like when a student is currently in a professor's class or when a professor is supervising a student's thesis. But this policy still allows room for involvement between professors and students. And particularly at Barrett, which educates more than 5,000 of ASU's nearly 60,000 undergraduates, there have been repeated issues with professors skirting -- sometimes, even defying -- the rules. Prestigious universities across the nation have drawn much harder lines in regard to such relationships. In 2010, Yale University banned faculty members from forming relationships with any undergraduate students, noting in its updated policy that undergrads \"are particularly vulnerable to the unequal institutional power inherent in the teacher-student relationship.\" In 2013, the University of Connecticut implemented a similar ban. Last fall, ASU's faculty senate debated whether to replace its own policy with an outright ban on professor-undergraduate relationships. At a senate meeting in November, Cynthia Tompkins, chair of the committee drafting the proposed policy changes, referenced the scope of ASU's problem. She said at least 20 faculty members across have been dismissed for having inappropriate sexual relationships with students in recent years hasn't provided the exact number of dismissals stemming from Barrett or elsewhere. \"We do not keep a running tally of faculty who are disciplined for [relationship policy] violations,\" a spokesman says representative from the university office charged with investigating these policy violations wouldn't comment on how many investigations she has conducted. But when was named on the list of schools under federal review, Michael Crow did speak to The State Press' editorial board, and he addressed the problem at Barrett. Student journalist Nicholas Palomino Mendoza reported on May 7, 2014, that Crow said he was aware of \"reports of inappropriate sexual conduct between Barrett faculty and students.\" \"If it's consensual in a sense of the way that the law looks at things,\" Mendoza quotes Crow as saying, \"then it is inappropriate from the perspective of how we expect our faculty members or our instructors to behave.\" \"There have been professors in relationships with students, and when we find out about it, they are all fired,\" Crow told the paper Privacy Policy The revisions to ASU's professor-undergraduate relationship policy would aim to switch the school's focus from reactive to proactive, and from firing violators to improving the culture around these relationships on the front end. At the first reading of the proposed revisions in early October, Helene Ossipov, president of the faculty senate, made clear what the policy changes would mean. \"To put it rather bluntly,\" she said students are not part of your dating pool.\" Barrett, the Honors College, is a school within a school. Admissions documents say Barrett consists of \"living-learning communities\" of academically driven students from across ASU's four campuses. Barrett is where the cream of the crop goes to be educated. Barrett marked its 25th anniversary in 2013. The University Honors College was granted official status in 1988, when it became the first residential honors college in the nation. It was renamed for former Intel Craig Barrett and his wife, Barbara, a former ambassador to Finland and Arizona gubernatorial candidate, after they endowed the school with a $10 million gift in 2000. The college has undergone great growth in recent years, with its current student body size rivaling its alumni population. In its admissions literature, Barrett distinguishes itself from the wider university. Though the majority of students were in the top 25 percent of their graduating high school classes, for example, most Barrett students were in the top 10 percent. One year, students donned T-shirts that read \"_arrett, the Honors College. We don't get B's.\" All of Barrett's honors faculty fellows hold Ph.D.s, and the school boasts a 15-to-1 student-faculty ratio, small in comparison to ASU's ratio of 22-to-1. Students, sometimes called \"The Commas\" in a reference to the school's stuffy title, almost universally refer to Barrett as tight-knit. The college's largest campus is at the corner of Apache Boulevard and Rural Road in Tempe, neatly tucked behind a set of iron gates on ASU's central campus. The Barrett campus is fully enclosed, and were it not for some classes they take elsewhere, Barrett students practically could spend their college lives there. Students are, in fact, expected to live on campus for at least their first two years. Barrett's central campus is reminiscent of the exclusive private schools Barrett emulates. It's got everything but the ivy and, indeed, references to the Ivy League (Harvard of the Southwest, anyone?) are not uncommon. Some students jokingly refer to the campus as \"The Nerd Cage.\" Outside, students gather in groups and study in solitude on the sandstone benches surrounding Barrett's green lawns. There's an outdoor fireplace for cold-weather gatherings and a volleyball pit. Inside, Barrett's buildings serve multiple purposes, reflecting the insular nature of the Barrett community. One can find professors' offices, student dorms, and classrooms interspersed throughout any given structure. In the Honors Hall -- in many ways, the hub of Barrett life -- there's a gym with flat-screen TVs and elliptical machines, a spiral staircase leading downstairs to a coffee shop, and a recreational area with ping-pong tables. There's also the beautiful Refectory, or, as students call it in a reference to Harry Potter's Hogwarts, the Great Hall. On a Friday afternoon in December, one student casually played the grand piano as others sat at long tables with high-backed chairs and feasted in the hall's wood-paneled dining room. In an adjacent hallway, photographs of Barrett students who went on to win prestigious fellowships line the walls: 185 Fulbright scholars, 52 Marshall scholars, 54 Goldwater scholars. The list goes on Privacy Policy Barrett students major in any field they choose, taking classes in the disciplinary college of their choice. One student says there can be tension between Barrett and the rest of ASU, in part because of the special privileges afforded to Barrett students. Barrett students get to register for classes before others, for example, and sometimes are offered special courses the general population can't take. This includes the Human Event, a mandatory two-semester seminar taken during freshmen year. Barrett freshmen may take a different professor for each semester of the intensive course, but they are encouraged to stick with one. They also are encouraged to participate in for-credit, study- abroad trips with their professors during the summer after the course finishes. The Human Event is \"a wonderful course to get students into the idea of working closely with a professor,\" says a former staff member who asked to not be identified. But she says she also believes the class has contributed to the problem of too-close professor-student relations. \"Because it was so friendly,\" she says, \"if you had any faculty members who were not terribly ethical in how they related to youngsters, it was a situation in which they could take advantage.\" With these professors, sources tell New Times, office hours turn into intimate meetings. Examination of the ancient Greeks may have an odd focus on the sexual relationships between mentors and mentees. Trips abroad are fueled more by alcohol than by learning. To many, Barrett's very structure, intended to create a close learning community for students and professors alike, has instead become something sinister: a way for predatory teachers to grow close to -- sometimes, even sexually -- the young and ambitious students in their tutelage. Jane first was drawn to Barrett because of its strong sense of community. She enrolled in the school in 2012. Her story unfolds in her blog post, interviews and e-mails with New Times, and a pile of documents she provided to the government in a Title complaint against ASU. The documents include Jane's personal e-mails and text messages as well as copies of e-mails she received from detailing the investigation into and eventual dismissal of Dr. Joel Hunter. Hunter, a Barrett faculty member since 2008, admitted to the university and to New Times that he violated ASU's professor-undergraduate relationships policy before his contract was dropped. On his personal website, Hunter lists the many awards he won during his time at Barrett, including accolades for teaching excellence, academic service, and faculty mentoring. Since he left the school, Hunter also has posted a lengthy student tutorial on how to succeed in Barrett's difficult freshmen seminar course. \"It is best to err on the side of formality,\" he wrote in a late September post focused on how to best communicate with one's Human Event professor. These professors are \"incredibly friendly and funny, yes,\" he writes, \"but they are not in your peer group.\" It seems hindsight is 20/20. By the end of Jane's fall semester in Hunter's Human Event class, she and the professor had grown close. In December 2012, Hunter e-mailed Jane, asking her to interrupt a meeting so it wouldn't drag on. \"Plus would get to see one of my favorite Human Event students twice in one day,\" he wrote. Jane signed up to take Hunter's class again in the spring. By January 2013, the two began getting together regularly for meetings and meals. Soon, they were texting, and by early February, their texts hinted at a sexual relationship Privacy Policy Some texts reference a trip the two took to a local park, where Jane says Hunter provided her with alcohol and massaged her, suggesting that doing so would be easier if she didn't have clothes on. They spent the afternoon kissing few weeks later, Hunter texted Jane about 2 a.m. from a Harry Potter conference he was attending in Albuquerque: Joel: get your ass to albuquerque now dammit just closed down the hotel bar with a harry potter student of mine who will not, i'm sure of it, sleep with me. All alone am i . . . Jane alleges that Hunter shared with her sexual fantasies about other Human Event students and said he'd fallen in love with a student before. The two went on to have a covert sexual relationship -- aside from the clear violation of policy, Hunter was married with children -- having sex in cars, in Hunter's office, and in parking garages around campus. Jane says Hunter gave her extensions on schoolwork because of their relationship. In their talks, interspersed with innuendo, was conversation about Jane's future. Texts from the day after their trip to the park: Jane: How is my letter of recommendation coming? :) Joel: It'll be done this afternoon. And an hour later: Joel: Letter submitted electronically. They won't be able to give you the scholarship quickly enough . . . Jane: You mean don't get to read it? Noooooooooooooo Joel: I'll share it with you later. It's totally hot. Then, in April of Jane's freshman year, Barrett Professor David Conz committed suicide shortly after his teaching contract was dropped. Conz's dismissal was linked to a relationship with one of his Human Event students. Jane says Hunter made out Conz to be the victim of an unfair administration and began expressing fears about losing his own job text conversation in the days that followed: Jane know you didn't want a hug, but are you ok don't think I've ever seen you look so sad. Joel: Im ok. Shook up, sad and feeling vulnerable. Life. In May 2013, Jane and Hunter had sexual intercourse in a motel. The spring semester came to a close, and Jane fully expected that she and Hunter would resume their relationship when she returned for her sophomore year. The two even texted occasionally during the summer. But when Jane returned to campus in August, she says, Hunter told her he'd learned that their affair was risky after a discussion at a Barrett faculty retreat. He abruptly broke off the relationship Privacy Policy \"One thing my professor said to me when he ended this affair still sticks out to me,\" Jane wrote in the closing of her Title complaint testimony. \"He had no idea that what he was doing was wrong or even against the rules, because it was so common for Barrett Honors College professors to be involved with students that all of the honors faculty saw it as normal.\" Hunter declined to be interviewed, and New Times isn't aware of what he is up to today. On his personal website, he says he is a married father of three. On a Monday afternoon in early November, Arizona State University's faculty senate gathered to discuss, among other things, a motion to revise the Academic Affairs Manual (ACD) policy governing \"amorous relationships\" between professors and students. That policy 402, has been on the books since 1982. In Tempe's Education Lecture Hall, a single observer watched from a seat toward the back. Jasmine Lester, a 2011 Barrett grad, is a small woman with curly brown hair. She wears glasses and looks younger than her 25 years. Helene Ossipov, president of the faculty senate, first laid out some ground rules. She asked senate members to refrain from dominating, and she made clear just who was invited to discuss this motion. \"Observers are welcome to observe as much as you want,\" she said. \"But be like children. You may be seen but not heard.\" For many years, ASU's amorous relationships guidelines fell under the university's sexual harassment policy. But in 2011, they were parsed to create a policy focused exclusively on consensual romantic or sexual student-professor relationships. As written today 402 bans employees from making key decisions -- grading, hiring, disciplining, or offering recommendations -- over anyone with whom they are in a sexual relationship. The policy bans faculty members from engaging in relationships with any students currently enrolled in their classes, and it says violations can result in disciplinary action up to termination. But in 2014, the senate began considering revisions to 402 that would give the policy much greater reach, banning all relationships between faculty and undergraduate students. If approved, the revisions would require faculty members to report any such relationships to a supervisor immediately, with policy exemptions made on a case-by-case basis. \"Our current policies regarding faculty-student relationships are inadequate as written,\" university spokesman Mark Johnson tells New Times. \"The faculty senate should be applauded for taking steps to strengthen those policies to ensure that faculty members and lecturers have only professional relationships with students.\" That November day, Cynthia Tompkins, who chaired the policy-revision task force, addressed the faculty senate. During the month-long comment period that preceded this meeting, she explained, many seemed to think the proposed revisions had come out of left field. Tompkins acknowledged that professor-student relationships historically have had a wide range of acceptability -- you hear stories of professor-student couples that happily marry, she noted -- but she said many unacceptable versions have taken place at in recent years. In addition to the 20 firings mentioned above, Tompkins said has had at least one unwanted student-professor pregnancy this year. The intent of the policy revisions, she said, is to put students back at the center of focus Privacy Policy The floor was opened for discussion. Faculty members approached the microphone to raise questions and concerns. Many were worried about the scope of the revised language is a big school. Would professors need to start IDing everyone they meet in Tempe? The new language doesn't make clear just which relationships would be exempt. What about pre- existing ones? And what would happen if a professor reports a relationship and doesn't get an exemption? \"You really think about whether you want that relationship,\" Ossipov answered. \"One person would have to leave the university.\" Tensions rose want to be blunt think this policy is very invasive,\" a female faculty member said. \"Every amorous relationship is not a 40-year-old faculty member and an 18-year-old-student.\" Concerns were raised about privacy and the motion's intrusiveness and scope. Finally, a frustrated female senator in the back of the auditorium walked up to the microphone and moved to vote down the controversial motion. Twenty senators voted in favor of the policy revision. One abstained from voting. And with 62 votes against the changes, the motion was -- for the time being, at least -- dead. Ossipov said the motion would be returned to Tompkins' committee for further revisions. \"However, this will come back,\" she said. There was uncomfortable laughter. On January 26, the senate will hold its next vote on the revisions. As the faculty senator who effectively silenced the conversation made her way back to her seat, Jasmine Lester glared at her, her middle finger raised in the air. \"This is my whole life,\" Lester said. \"And she just shot it down.\" Jasmine Lester is an Arizona native with roots. She grew up in Ahwatukee, the child of a mother who handles internship programming at the university and a father who is a professor and former dean of humanities in the College of Liberal Arts and Science. Lester's parents aren't affiliated directly with Barrett. Lester enrolled in the honors college in 2007. Like Jane, she formed a close relationship with a professor, who hasn't returned New Times' request for comment. New Times is limiting the details of Lester's story because of ongoing legal action. In conversations with New Times and in her Title complaint, Lester says her relationship with the professor took on a dynamic that extended beyond professional boundaries. In 2010, Lester went to ASU's Office of Equity and Inclusion to discuss the matter with Kamala Green, the office's executive director and ASU's Title compliance coordinator. Green's responsibilities include investigating Title violations when a faculty or staff member is the accused. But Lester says Green didn't see her situation as a violation was trying to tell her that this is how the power dynamic creates an inherently abusive dynamic or situation,\" Lester says, \"but she didn't understand that. She kept being like, 'You don't know what rape is.'\" Lester says she felt unheard Privacy Policy silenced, even -- by the school university spokesman says Lester's claims were investigated and that there was no finding of any policy violation on the part of the professor. Green cannot comment on individual cases, but says takes these cases very seriously, and we investigate every one of them as quickly as we possibly can.\" Lester never got the outcome she wanted from ASU, but she funneled her frustration into helping others. In 2013 -- two years after she graduated -- Lester founded Sun Devils Against Sexual Assault, an advocacy group focused on connecting students with the national Title movement. Through that work, she began collecting stories of abuse, and by June 2014, she had enough information to file a formal Title complaint against ASU. Lester's complaint, which is still under investigation, will be incorporated into the ongoing federal investigation of know how administrators maintain the status quo,\" Lester says. \"They wait for people to graduate didn't leave after graduated stayed bugging them about it for the next three years.\" Lester's complaint focuses on several areas: sexual violence in Greek culture, a lack of resources for lesbian, gay, bisexual, transgender, and queer students on campus, and the culture at Barrett. The Barrett portion names names. It tells stories of alleged abuse by 11 Barrett professors, many still employees of the school. Lester's complaint also details the school's response to Jane. Jane was devastated when Hunter broke off their relationship. She continued to see him on campus, and she says she became depressed to the point of attempting suicide. As time passed -- and after she learned of Lester's work on campus -- Jane says her view of the relationship changed. \"He took advantage of his power over me to coerce me,\" Jane says in an e-mail. \"This wasn't a consensual relationship. It was sexual abuse and it was rape.\" In the testimony she provided for Lester's complaint, Jane says she felt trapped by the need to maintain Hunter as a reference, as well as fear that coming forward would mar her reputation, make her feel unsafe, and harm her relationships with other faculty. So she didn't say anything. But in March 2014, she broke down and told two Barrett professors about the affair. Without warning her, they reported the situation to Barrett's dean of students. Jane was asked to come in -- against her will -- for a meeting. In a process she calls \"organized intimidation,\" Jane says she told her story to Barrett's deans, to campus counseling and advocacy offices, and eventually to Kamala Green was put through the ringer, dragged across campus to people didn't want to talk to, not provided any university support like a victim's advocate or anything, and victim-blamed either directly or indirectly at every single step,\" she says in an e-mail. Days after Green and Jane's meeting, Hunter was sent a letter releasing him from all duties, effective immediately. Barrett's deans called for a meeting of the faculty former staff member who wishes to remain unidentified says faculty were told that any additional complaint of abuse by a professor would lead to the dissolution of the signature Human Event course. Because that seminar distinguishes Barrett from the rest of ASU, its dissolution could mean Barrett faculty no longer would be necessary Privacy Policy In June, three months after she first filed her complaint, Jane received a final written decision from the university provost, based on the investigation conducted by Green's office. The investigation found that Joel Hunter violated ASU's policy on amorous relationships, as well as the university's code of ethics, by engaging in a sexual relationship with Jane while she was in his class. Hunter declined to be interviewed, but he did send New Times a brief comment by e-mail. Hunter confirmed that his contract was not renewed because he violated 402. But he still speaks highly of Barrett. \"My experience was that it is a great culture with caring, supportive deans and staff, a stellar faculty who are committed to teaching excellence, and the brightest students I've ever had the pleasure to teach,\" he wrote. Jane currently is a junior at the honors college. \"For the most part avoid Barrett,\" she says just go to classes, and live off campus now, so it's not as bad. But the thing at Barrett is you always run into people you are trying to avoid. It's this wonderful honors community, where the deans and professors are always out socializing with the students,\" she says with obvious sarcasm. \"There are individually decent people in the administration,\" Jane notes. \"The problem is they can't change anything. There's nothing they can do as individuals to change the overwhelming institutional problems of rape culture and prioritizing the school's reputation over supporting victims.\" The very community that drew Jane to Barrett now is a disappointment to her. She points to the deans' treatment of her; the school's reporting process, which she says was marred by poor communication and missed deadlines; the faculty and staff who have ignored this problem for years; and the students who looked for reasons to blame her. \"They should really be ashamed of themselves,\" she says. Dr. Eric Susser, an award-winning Barrett professor -- he was both the first non tenure-track recipient of the prestigious Founder's Day Faculty Achievement Award in Teaching and voted \"Hottest Professor\" in The State Press' annual poll on more than one occasion -- also had his contract dropped because of 402 violations. (New Times Managing Editor Amy Silverman and Susser's ex-wife, Deborah Sussman, have co- taught a local writing workshop for more than a decade.) On a national website on which students post anonymous professor reviews, comments show how the intimacy and intensity of the Human Event course can sometimes shift the tone of student-professor relationships down an inappropriate path. Susser received the following comments from students in his class: \u2022 9/18/2005: \"Susser understands how to relate to college students. He's very entertaining and engaging. He's incredibly smart and the class is very thought-provoking loved this class. Plus sort of had a crush on him.\" \u2022 7/20/2010: \"Dr. Susser is wonderful! Not only did he take a special interest in me, he sought out students who needed extra help & made time for all of us to meet with him 1:1. If you need coaching for your writing or classroom participation, he's the guy to go to. But he's also full of himself. Don't let on that you think he's hot. Play it cool you'll be OK.\" Susser, who taught at Barrett for 15 years, developed and led the college's wildly popular trips to Paris. Like all Barrett professors, Susser pushed his Human Event students to join. Rumors about inappropriate happenings on those trips swirled for years former Barrett staff member who wishes to remain anonymous says she heard students saying they wanted to go on the Paris trip specifically in hopes of sleeping with Susser Privacy Policy The Paris trips eventually came to a stop, right around the time Susser left the school hasn't fulfilled New Times' requests for copies of personnel files, including those of Susser, but Fox 10 News did obtain the records for a September 17 report. According to documents shown in Fox 10's newscast, Susser's contract was not renewed in 2012 after he admitted to having sexual relationships with three Barrett students. Susser, who divorced in 2005 and remarried in 2012, hasn't returned multiple requests for comment did provide New Times with a July 2012 letter in which Barrett Dean Mark Jacobs notified Susser that he would not receive an annual academic year appointment. Instead, Susser was offered a \"limited appointment\" for the fall semester only. He was told he would work on curriculum development, as a telecommuter, until his final date of employment on December 21 of that year. He no longer would have office space at Barrett -- he was given two weeks to clear out his personal belongings -- and he was told he no longer would teach or supervise student projects. The letter doesn't detail why Susser's relationship with the school changed. Though the university wouldn't share more detailed records with New Times Police Department records do describe the former professor's behavior. According to one police report, on the morning of March 31, 2014 -- 15 months after Susser's contract ended -- a staff member at the university's largest library, Hayden, found a brown bag that had been left behind on the second floor. Inside, she located an identification card with Eric Susser's name on it. She tried to e-mail Susser about the bag, but the e-mail -- likely because Susser no longer was employed by -- didn't transmit. The staff member continued to look and found more than she expected in the backpack. She contacted ASU's police. Police listed the impounded bag's contents in their report. In addition to two identification cards, a bill, and a MasterCard all bearing Susser's name, police found \"2 lancets, 3 meth pipes (one with residue), two pill containers (one possibly containing crystal meth), a bag of empty pill capsules, and a prescription bottle made out to Susser which contained various tablets.\" The tablets: \"oxycodone, amphetamine, Viagra,\" and more. Police initially were unable to contact Susser -- his driver's license was suspended, they wrote in the report -- so the case was marked as pending. Mark Johnson, an spokesman, says Susser recently was served with a no-trespass order barring him from campus. But this wasn't Susser's first incident at ASU's libraries, or the Police Department's first hint that the professor might be troubled. Susser once was the subject of a handwritten field interrogation card, also drafted by ASU's police force. That 2002 document details some of the professor's other alleged extracurricular pursuits. \"Susser was contacted after a 101\" -- in police code, a 101 is a woman in a car -- \"said he exposed himself on the third floor of law library,\" police wrote. The officer noted that a subject matching Susser's description was involved in a similar incident, in the same location, just two days before Privacy Policy According to the report, Susser admitted to the officer that he was \"checking out women,\" but he denied having exposed himself. The officer who wrote the report tells New Times he has no specific recollection of the incident. But at the time, he clearly knew who Susser was. He listed Susser's affiliation as \"faculty,\" and under employer, he wrote (Honors College).\" Just what happened after police learned that the professor allegedly had flashed students is unclear. The Police Department says it no longer can find a copy of this document in its files. Kamala Green wasn't aware of the incident, though she wasn't in office at the time, and Mark Johnson, the university spokesman, hasn't provided specific comment on this report. For now, the trail ends at the Police Department, which hasn't responded to multiple requests for comment. Johnson says he doesn't know whether police notified Barrett or administrators of the incident. \"Under current police department practice, the department would notify senior administrators and the relevant department,\" he says can't speak to what the practice may have been under the previous police administration.\" But one thing is clear: Susser kept his job for another decade after this report. It's unknown whether Susser has found employment as a university professor, but he apparently has kept busy since leaving ASU. In June 2014, the Cooking Channel aired an episode of its show Belly Up! -- a kind of Bar Rescue rip-off -- titled \"Hidden Issues.\" The episode focused on Susser's latest endeavor: a bar in West Phoenix called The Hideaway West Bar and Grill student commenter on wrote of Susser in 2008: \"Susser is amazing because he lets the discussions go where they will and interjects when he has something important to say. Very intelligent professor, although a little slimy as a person.\" The problem at Barrett admittedly is complex. Even 18-year-old freshmen are adults capable of giving consent under the law. But experts tend to agree that stricter policies, such as the one is considering, make more sense. Doctors can't sleep with patients and lawyers can't sleep with clients, so why should professors be able to sleep with their students? Dr. Jeffrey Jensen Arnett, an expert on young adults, author of Emerging Adulthood: The Winding Road from the Late Teens Through the Twenties, and professor at Clark University in Massachusetts, says his research supports \"a taboo\" on all faculty-undergraduate relationships. \"It's almost inevitably exploitative,\" he says, \"even if neither side thinks of it that way.\" Arnett coined the term \"emerging adulthood\" to describe the time from 18 to 25 before people take on the full set of adult responsibilities, like career, marriage, and family. His research on emerging adults in many ways reflects common sense: People between these ages look and can act like grownups, but they just aren't equipped to make the greatest decisions. \"People's decision-making abilities are not as developed at 19 or 20 as they will be at 40 or 50,\" Arnett says. \"Do you really want to be 19 and in a class with a professor you like, and your roommate's dating him? That is weird by any standard, and it's disruptive to the central mission of the university, which is to teach young people, to prepare them for adult life.\" Seth Schwartz, a professor at the University of Miami's Miller School of Medicine and the incoming president of the Society for the Study of Emerging Adulthood, similarly is concerned Privacy Policy \"It's sort of hard to say no,\" Schwartz says. \"That's the major problem with these relationships between students and faculty: Are you willing to say no to someone who is in a position of authority over you?\" Dr. David Bruce Conz died with his pants around his ankles. Conz, 39, was open with the university about a relationship he'd formed with a former student. But his tale took a tragic turn. His autopsy report lays out what happened: \"Cause of death: gunshot wound to head and brain.\" \"Manner: suicide.\" Under \"Diagnoses and Significant Findings,\" the medical examiner lists \"history of depression over work situation.\" Friends and family didn't see it coming. Conz was a two-time alum, and he began teaching at the school in 2005 dedicated home brewer, Conz was nicknamed \"Professor Beer\" and led a popular course in which students developed their own concoctions. Conz formed a relationship with a Barrett freshman who recently had completed his Human Event course. Soon after, he shot himself in the mouth. Rebekah Hollenberg was Conz's long-term girlfriend. The two met while swing dancing downtown, and they had been together for two and a half years at the time of his death. \"He studied do-it- yourself things, and he would make his own biodiesel and raise his own chickens,\" Hollenberg says. \"He was brilliant in so many ways.\" Conz and Hollenberg were polyamorous -- they were open with each other about dating other people -- and in late December 2012, Conz told Hollenberg that he was seeing a former student. \"The type of relationship we had is sort of unconventional and hard for people to understand,\" Hollenberg says was supportive of [the student] and Dave's relationship made them dinner gave them gifts wanted to make them happy.\" The former student asks not to be identified and declined to be interviewed for this story, but much of her tale is revealed in a detailed police report on Conz's death. Around February 2013, Conz told Hollenberg he was called into a meeting at Barrett to discuss the relationship, \"a kind of review to see that everything was above board,\" she says. Conz told Hollenberg that they were given the all-clear. The student no longer was in his class, so the relationship wasn't in violation of policy. Regardless, Conz began worrying about his job security after the meeting. He was scheduled for a formal contract renewal review later in the spring, and because Barrett doesn't offer its professors tenure, the meetings always made him nervous. And then, the police report says, Conz accidentally received an e-mail that was about him but not for him, one that referenced an upcoming meeting of the deans to discuss his relationship with the student. At his April 3 review, Conz was told that his contract wouldn't be renewed. \"It was just a shock for him,\" Hollenberg says. \"They told him that it was okay.\" The student later would tell police that Conz was terminated after it was reported to a Barrett dean that he had given her alcohol. Under state law and current policy, it's more problematic for a professor to hand an underage student a beer than it is for him to sleep with her Privacy Policy After his firing, Conz spiraled. \"He was kind of acting like his life was over,\" Hollenberg says. \"That was his identity, and it was sort of just taken so suddenly.\" She says she and Conz discussed their options -- moving to Vancouver, working full-time on projects -- \"but he just wasn't able to get that vision yet,\" she says. \"And he was worried that if they put something in his record that seemed derogatory, he would never get another professorship anyway.\" Conz began drinking heavily. Five days after he was fired, on April 8, 2013, Hollenberg became worried when Conz didn't pick her up for a date they had planned. She called him, and he sounded drunk. So she went to his house. Meanwhile, the student told police that she had arrived at Conz's house about 5 that evening. She found him in bed, drunk, next to two bottles of Black Velvet Whisky -- one empty, the other half full -- and a loaded .38-caliber revolver at his side. The student hid the revolver in a closet and called Conz's ex-wife, a psychiatrist. While they were on the phone, Conz ran from the house. Hollenberg arrived about 5:30 and met Conz and the student in the driveway, where the student told her what was happening. At 5:59, the student called police, who told her to keep Conz out of the house, away from the guns. When Conz tried to go inside, she tackled him. Hollenberg told police that a full-fledged fight ensued, with the student and her former professor punching and kicking each other. She says Conz called the student \"cunt,\" \"bitch,\" and \"asshole.\" The student told police that Conz told her \"it was her fault, that she got him fired.\" Finally, Conz broke free, yelling at the student: \"You caused this.\" He ran into the house and locked the women out. They got inside using a spare key, and almost immediately they heard gunshots coming from the locked hallway bathroom. The first shot blasted through the door, passing just above the student's head. Seven seconds later, a second shot entered Conz's mouth. Police found Conz seated on the toilet, his pants pulled down. The bathroom floor and wall were splattered with blood, and a silver revolver was on the floor bullet had exited through the top of Conz's skull. Conz was conscious on the way to the hospital -- he admitted to paramedics that he'd shot himself - - but he was listed in critical condition upon arrival. Hollenberg visited Conz frequently. Though he was unconscious, she sang to him, read to him, and talked to him. Conz's mother removed him from life support on April 12, and he died later that day. Months after his death, Conz's mother gave police a note she found on a torn piece of paper in his home. It's not clear who it was intended for, but police found the note significant enough to include in their report. \"Your love blossoms within me,\" Conz wrote. \"Like a parasite to liberate or embrace you must die.\" Throughout his autopsy and the lengthy police report, Conz's job loss -- consistently tied to his relationship with the student -- is named as a key contributing factor in his suicide. In the course of their investigation, police even interviewed Frederick Corey, the dean who had let Conz go. Corey did not return requests for comment on Conz's case. The student later provided testimony for Jasmine Lester's Title complaint. In it, she says she saw her relationship with Conz as above board. She'd even introduced him to her parents Privacy Policy \"The relationship was highly pleasurable and showed no outward signs of abuse besides the innate power imbalance that resides within a 20-year age gap,\" she wrote. \"He was loved by many, and still is.\" The student took off three semesters after Conz's death. She no longer speaks to Hollenberg, who moved to Illinois. Never in her testimony does the student say she regrets dating Conz. Instead, she takes aim at ASU's rules on such relationships. \"We continued the relationship,\" she writes, \"because we realized had no policy regarding faculty-student relationships as long as the student is no longer in the professor's class 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 Phoenix New Times may earn a portion of sales from products & services purchased through links on our site from our affiliate partners. \u00a92025 Phoenix New Times, LLC. All rights reserved. Do Not Sell or Share My Information message from News Editor Zach Buchanan: If you value independent journalism, please consider making a contribution to support our continued coverage of essential stories and to investigate issues that matter Privacy Policy", "7218_102.pdf": "professor who was fired from job at Arizona no longer employed Published 5:18 p.m Sept. 19, 2018 Updated 5:42 p.m Sept. 19, 2018 professor accused of having an inappropriate relationship with a student at a previous job is no longer teaching at Truckee Meadows Community College. Allegations were made against Joel Hunter in 2014, when he was teaching at Arizona State University. He has taught at since 2015. Earlier this month said it was looking into the allegations. Read more professor was fired from Arizona State University after misconduct allegations More: UNR's 122-year-old Manzanita Hall gets $9.4 million upgrade and will open in 2019 More elementary schools vary widely in performance according to Nevada's star ranking He was scheduled to teach three online ethics courses at this semester. \"Mr. Hunter is no longer teaching at TMCC. The Handbook does not authorize the statement of a reason for leaving,\" said spokesperson Kate Kirkpatrick. Siobhan McAndrew Reno Gazette-Journal In a letter obtained by the Reno Gazette Journal, Hunter was told in 2014 that his contract with would not be renewed based on his admitting wrongdoing. Parts of the letter were redacted and did not include what actions specifically Hunter admitted to, but said it was being done in accordance with the Arizona Board of Regents Policy on Conditions of Faculty Service. The letter said his contract was not being renewed because of an admission he made to the executive director for the Office of Equity and Inclusion on March 18, 2014. In 2015, the Phoenix New Times, an independent media company, reported that had terminated the contracts of at least three professors, including Hunter, who engaged in sexual relationships with students. ASU's student publication, The State Press, interviewed the student who said she had the relationship with Hunter in 2014. They didn't identify her by name.", "7218_103.pdf": "news \u2022 Sep 05 2018 This is how professors accused of sexual misconduct go back to teaching It\u2019s called \u2018passing the trash college professor dismissed from Arizona State University has returned to teaching, in an example of what sexual misconduct campaigners call \"passing the trash.\" Joel Hunter, who used to teach at ASU's Honors College, is currently a faculty member of another school in a different state. An investigation at his prestigious former college found he had a relationship with a female student that was \"nonconsensual,\" and he was let go from the school. He is employed by Truckee Meadows Community College in Nevada, teaching courses in philosophy petition is now circulating to remove Hunter from the college. Jasmine Lester, a leading sexual assault activist and founder of Sun Devils Against Sexual Assault, said: \"When colleges hire professors with histories of sexual misconduct, it is no different from when high schools and churches 'pass the trash' and hire teachers and priests accused of sexual abuse at previous institutions screengrab of the change.org petition to fire Joel Hunter Back in 2014, Hunter was investigated by his employer for having a relationship with a female student known only as Jane. He admitted by Harry Shukman tips dating her, a violation of school policy on professor-undergraduate relationship. According to Fox 10 Phoenix, an investigation determined Jane was not in a position to \"effectively consent\" to their relationship. The college determined his actions were \"unwelcome\" and \"nonconsensual.\" Hunter was removed from classes, and his contract was not renewed. Jane told The State Press she was in a relationship with Hunter during her freshman year. \"Hunter would touch her, giver her hugs and make her feel special by giving her extra attention,\" the report said. He took her out to lunch and to a park, giving her alcohol and a massage. They kissed and then later in their relationship, they began to have sex. Jane explained that she became scared about what would happen if she turned him down, which she said led to suicidal thoughts. Speaking to Fox 10, she said: \"Even though it wasn't an exchange of sexual favors for academic ones, he coerced me into sexual things didn't want to do, because was thinking in the back of my mind don't want to upset him and get a bad grade on the next paper, and he just wrote me a nice letter of recommendation so guess owe him felt like had to protect him and was worried that getting help would jeopardize his job, so suffered in silence and the pain grew worse and self-harmed and almost killed myself.\" Find out more about the petition to fire Joel Hunter here. Update Elena V. Bubnova, TMCC's Associate Vice President, told babe she is investigating Joel Hunter. She said: \"Mr. Hunter is a part-time instructor employed since 2015 and is scheduled to teach 3 web-based classes in fall 2018. The issue about past allegations has just been brought to our attention and we immediately started looking into the matter. At this time, we are not able to comment further on confidential, personnel-related issues that may be under review condemns harassment in all forms against any individual.\" Recommended posts \u2022 Cyberbullying, creepy coaches and sexual assault: Tell us your high school stories so we can investigate \u2022 This girl reported being sexually assaulted twice at her high school. Her principal told her to \u2018toughen up\u2019 and get over it \u2022 Those troubling Dan Schneider rumors haven\u2019t gone away \u2022 How pedophiles are using a new YouTube trend to exploit children and preteens @hshukman Yes, Nicki Minaj is now dating a registered sex offender and convicted killer Here\u2019s the full court record by Nian Hu Nicki Minaj is Instagram official with a 40-year-old man named Kenneth Petty, a level 2 registered sex offender in New York who has been convicted of attempted rape as well as manslaughter. According to the New York Sex Offenders database, Petty was convicted of attempted rape on April 5, 1995. Court records obtained by TMZ\u2026 Continue reading An Asian guy took an ancestry test only to be told that he\u2019s \u2018100% Asian\u2019 Surprise! You\u2019re Asian! by Nian Hu Pretty much everyone know has taken one of those ancestry tests. And yeah, they're expensive but can definitely see the appeal. The level of detail in the breakdowns \u2014 56 percent Irish, 20 percent Balkan, 12 percent Iberian \u2014 isn't something you could get from a conversation with your grandma. And it's\u2026 Continue reading Press Privacy Policy Archives \u00a9 2025 The guy behind the sexist Ocasio-Cortez tweet also tweeted about making \u2018hot\u2019 children masturbate And then tried to defend it by Nian Hu Eddie Scarry, a reporter at the Washington Examiner, recently came under fire for a tweet where he posted a photo of Alexandria Ocasio-Cortez's backside as she was walking, and wrote: \"Hill staffer sent me this pic of Ocasio-Cortez they took just now. I'll tell you something: that jacket and coat don't look like a girl\u2026 Continue reading"} |
7,492 | Yusuf Kalyango | Ohio University | [
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] | {"7492_101.pdf": "Provided by Ohio University Journalism professor found responsible for sexual harassment By Sarah M. Penix August 25, 2018 | 4:08pm An Ohio University professor of journalism was found on Friday to have sexually harassed a graduate student. Through an Office of Equity and Civil Rights Compliance investigation, Yusuf Kalyango, director of the Institute for International Journalism, was found responsible for sexual harassment by quid pro quo and sexual harassment by hostile work environment toward a graduate student last year. The Post does not name people who report sexual harassment or assault unless they give permission. The student who reported harassment declined to comment at this time. Kalyango was not available for an interview before press time. The findings are based on a preponderance of evidence standard, meaning the office found that Kalyango more likely than not sexually harassed the student. That standard is lower than the standard of criminal proceedings, which require a defendant to be found guilty beyond a reasonable doubt. The student had been hired as a staff member in spring 2017 for two upcoming programs run by Kalyango when Kalyango offered the student an opportunity to travel abroad with him. The student had been hired to work during a summer program and a fall program, and the trip abroad directly followed the summer program. Just two days before Kalyango and the student were scheduled to depart, Kalyango told her they would have to share a hotel room because only one was available. The student rejected that as inappropriate and Kalyango tried to convince her otherwise, according to the report. Kalyango ended up staying in another city. An investigator found that there was no \u201creasonable, non-sexual rationale\u201d for the two to share a hotel room. \u201cThe only reasonable objective perspective is that a full professor requested that a graduate student enrolled in his own institution place herself at considerable risk for inappropriate, sexual advances by (him) thousands of miles from home and in a country with which (he) is familiar and comfortable but where (she) would be nearly completely dependent upon (him),\u201d wrote investigator G. Antonio Anaya. Kalyango had reportedly emailed and texted the student after-hours frequently throughout spring and would compliment her clothing and physique. Kalyango asked the student for a photo of her to show his son, invited her out for meals and coffee numerous times and shared personal details about his previous marriage, according to the report. After the student rejected Kalyango\u2019s invitation to stay in the same hotel room, he began to treat her differently, according to the report. In July, Kalyango sent the student an email accusing her of falsifying evaluations for the summer program in order to make herself look better and him worse and entering incomplete and inaccurate data. The student resigned from her position in the fall program Kalyango directed. The report has been submitted to Kalyango\u2019s department chair and the Scripps College of Communication Dean Scott Titsworth for possible disciplinary action, according to the report. Students enrolled in Kalyango\u2019s classes have been notified that he will not be teaching those courses, E.W. Scripps School of Journalism Director Robert Stewart said. @sarahmpenix [email protected] Powered by Solutions by The State News All Content \u00a9 2016-2025 The Post, Athens", "7492_102.pdf": "Hardwood Heroes ( Foothill Features ( The Housing Squeeze ( Listen ( The Learning Lab ( About ( ( Search \u2026 Ohio University Professor Asks For Dismissal Of Lawsuit By: Susan Tebben ( Posted on: Friday, April 19, 2019 ( < < Back To (WOUB) \u2014 An Ohio University professor is asking to be dismissed from a lawsuit in which he is accused of sexually harassing a graduate student who worked with him. Dr. Yusuf Kalyango filed a motion April 12 with the U.S. District Court Southern District of Ohio Eastern Division, claiming none of the woman\u2019s claims in the lawsuit have merit +1 0 \uf218 Like0 \uf204 Share 0 \uf223 News ( Sports ( Culture ( On Demand ( Support ( ( ( content/uploads/2018/08/kalyango.jpg) Yusuf Kalyango, Jr. Tess Herman filed a lawsuit ( against-kalyango-ohio-university-over-sexual-harassment-case/) against both Kalyango and Ohio University, alleging Kalyango sexually harassed her and caused harm to her educational experience and the job under which she was supervised by Kalyango. After a year-long university investigation into Herman\u2019s claims of sexual harassment and hostile work environment, an investigator substantiated her claims, leading to discussion of discipline for Kalyango. The university is still in the process of conducting detenuring proceedings against Kalyango, which will be considered by a faculty committee. This committee plans to meet after they receive information on two other investigations ( claim-unsubstantiated/) of Dr. Kalyango, one of which remains open. Attorney Gregory Beck argues that Herman voluntarily resigned from her employment in the Young African Leaders Initiative, not fired by Kalyango, and that she \u201cfails to set forth facts that rise to the level of sexual harassment or retaliation.\u201d Beck particularly mentions a hotel in Rwanda, where Kalyango claimed there was only one room available, offering to share the room, according to Herman\u2019s lawsuit. Beck said Kalyango said he would \u201cstay out of (plaintiff\u2019s) way,\u201d and he did not end up staying in the room. In response to claims that Kalyango acted retaliatory because Herman did not want to sit next to him on the plane home from the trip to Africa, he said Herman \u201crebuffed the typical and expected work-related behavior for the lengthy travel home with the program, which was used to inventory and reconcile expense documents\u2026\u201d \u201cThe plaintiff asked Dr. Kalyango to change her seat assignment for the return flight from South Africa so that she was not seated near Dr. Kalyango or in a position to go over the expense reports during the course of the return flight,\u201d court documents stated. \u201cDr. Kalyango obliged and changed her seat upon request.\u201d After the financial report was submitted, Kalyango \u201cfound it to be grossly inadequate and rife with errors,\u201d requiring him to spend \u201cover forty hours reviewing and correcting the financial expense report.\u201d The court documents say Kalyango sent an email advising Herman of her mistakes in the report, but the email was constructive criticism that would have been given to any other employee. \u201cIn this case, irrespective of the alleged sexual harassment, the plaintiff has failed to sufficiently allege that any other student who did not adequately perform her task would not also have been emailed a reprimand,\u201d Beck wrote. Connect With Us (mailto:mailto:%[email protected],%[email protected]) ( ( About ( woub/) Support ( woub Files ( profile/woub-tv Files ( profile/wouc-tv) The attorney also asks that the sexual harassment claims be dismissed because her lawsuit \u201cdoes not reveal that she was subjected to unwelcomed sexual harassment, that such harassment was based on sex, that she submitted to any unwelcomed advances on condition of receiving any benefits, or that a tangible job or education detriment occurred as a result of her refusal to submit to any sexual demands.\u201d \u201cWhile some of the conduct asserted by (Herman) may appear on its face to be mildly inappropriate for a student/professor or employee/supervisor relationship, none of it constituted requests for sexual favors,\u201d the motion states. Ohio University has already asked to be dismissed ( scheduled-in-ou-prof-lawsuit-ou-asks-for-dismissal/) from the lawsuit, claiming administration took the necessary steps to address the situation when they were notified of it. Kalyango also filed a cross-claim ( in-countersuit/) to the Herman\u2019s lawsuit in which he denies the claims, accuses the university of discriminating against him, and the university investigator of conducting a flawed investigation. You can read Kalyango\u2019s motion to dismiss here: Kalyango Motion to Dismiss ( content/uploads/2019/04/Kalyango-Motion-to-Dismiss.pdf) Related Posts: Preliminary Hearing ( hearing- scheduled-in-ou- prof-lawsuit-ou- asks-for- dismissal/) Civil Lawsuit Filed Against ( lawsuit-filed- against- kalyango-ohio- university-over- sexual- harassment- case/) New Sheriff Asks to Be Part ( sheriff-asks-to- be-part-of- lawsuit/) Dismissal Expected In ( expected- federal-lawsuit- against-ou/) ( public-media/) ( ( Community Calendar ( Closed Caption Info ( content/uploads/2023/07/2023- WOUB-final-online-caption- post.pdf Files ( profile/woub Files ( profile/woub-fm Files ( profile/wouc-fm Files ( profile/wouh-fm Files ( profile/woul-fm Files ( profile/wouz-fm) ( ( ( ( ( (", "7492_103.pdf": "suit/article_145a5fcc-aa8d-11ea-946c-cbd8b868bbd4.html Settlement reached in sexual harassment suit From the Timeline: Kalyango and Ohio University series By Ben Peters Athens Associate Editor Jun 9, 2020 Story Timeline Back to the main story timeline Follow this story timeline 2021\u2019s top stories By Corinne Colbert Athens Editor Ohio University settled a federal sexual harassment lawsuit in May, awarding $90,000 to a graduate student who alleged that the institution infringed on her civil rights by empowering faculty to abuse their authority. The payment will be awarded to Tess Herman for the \u201calleged physical and related emotional injuries\u201d she endured at the hands of the institution and journalism professor Yusuf Kalyango, according to the settlement agreement. Herman and her lawyer, Michael Fradin, filed the suit in January of 2019 against both the university and Kalyango. \u201cTess has demonstrated amazing strength, courage, persistence and patience throughout years of legal proceedings with OU. Her efforts will help pave the path toward truly equal access in higher education,\u201d Fradin told The Athens NEWS. The lawsuit alleged that Kalyango unsuccessfully attempted to coerce Herman, his student, into sharing a hotel room with him on a university-sponsored trip to Africa, among many other instances of unwanted romantic advances toward her. The professor allegedly retaliated against Herman after she declined to spend the night in the room with him by falsifying her job performance evaluations to make her seem less competent in the workplace, resulting in a violation of Herman\u2019s rights under federal Title law, according to the lawsuit. Herman notified two university employees who were mandatory reporters about the unwanted advances Kalyango made on her, and both failed to report Herman\u2019s complaints to the Office of University Equity and Civil Rights Compliance (ECRC) because they were reportedly not trained to do so, the lawsuit said. The previously conducted an investigation into Kalyango\u2019s conduct and found through a preponderance of evidence that he sexually harassed another student who he supervised during the 2011-2012 academic year, according to a previous report in The Athens NEWS. Kalyango is still employed by the university to conduct research, but he no longer has contact with students in that role Spokesperson Carly Leatherwood said in an email. Next Leatherwood, however, declined to comment on the nature of Kalyango\u2019s research or where specifically he is conducting it. The professor is currently undergoing a formal process in accordance with the faculty handbook that will revoke his tenure, Leatherwood said. The university previously filed a motion to dismiss the civil lawsuit, The Athens reported in March of 2019. The university said at that time in a response to the lawsuit that it doesn\u2019t deny the results of its Title investigation \u2013 finding that Kalyango sexually harassed Herman, who worked in programs led by Kalyango in 2017, and created a hostile work environment for that student, through a \u201cpreponderance of evidence\u201d standard. However, the university in its response denied that it was liable for any alleged misconduct by Kalyango, and argued that it did not have \u201cactual knowledge\u201d of the alleged harassment Herman was receiving up until Herman approached OU\u2019s Title office. Herman agreed to be available, participate and testify in the tenure removal process, according to the settlement. Previous Story Timeline Follow this story timeline In this Series Timeline: Kalyango and Ohio University Aug 31, 2021 article Stewart, Titsworth cleared of racial discrimination allegations from former professor Updated Dec 1, 2021 article Ex-Ohio University professor files lawsuit against institution, arguing Board of Trustees conspired to fire him Updated Jun 14, 2021 article dive into the Faculty Senate hearing of ex-Ohio University professor Kalyango 25 updates", "7492_104.pdf": "- Cadillac Canada Sponsored The All-Electric Learn More Yusuf Kalyango, Jr. had worked as a faculty member since 2008. Yusuf Kalyango, Jr ATHENS, Ohio \u2014 An Ohio University professor has been fired for alleged sexual misconduct. The Post, the Ohio University student newspaper, reported Yusuf Kalyango, Jr. sexually harassed two students. In a statement, the university said that Kalyango \"violated university policy prohibiting sexual misconduct\", according to two investigations in 2018 and 2019 by its office of Equity and Civil Ohio University professor fired for alleged sexual misconduct Credit: Ohio University Author: 10TV Web Staff Published: 8:38 April 10, 2021 Updated: 8:38 April 10, 2021 Worthington restaurant destroyed, other businesse damaged in overnight fire - Cadillac Canada Sponsored Move into Luxury Learn More Ad 1 of 1 Ad 1 of 1 Rights Compliance. The Board of Trustees voted Friday to revoke Kalyango's tenure and then he was terminated. According to his biography on the university website, Kalyango joined the faculty at the Scripps College of Communication in 2008. The university ended its statement with the following: \"The University reaffirms its commitment to providing a learning environment where students can decide the ways that work for them to report these incidents for investigation to the University; and for individual, confidential care. As the University moves forward, we will continue to challenge our campus community to help us strengthen our commitment to a sexual violence and harassment free campus. To the survivors in these stories: Ohio University recognizes your courage and the bravery you demonstrated in sharing your experience with sexual misconduct on our campus. We believe you.\" leaffilterguards | Sponsored Here\u2019s What a 1-Day Gutter Upgrade Should Cost You Learn More Luxury Casino | Sponsored Grammarly | Sponsored Beyond Text Generation: An Tool That Helps You Write Better Improve grammar, word choice, and sentence structure everywhere you work. Write better with Grammarly. Install Now Experience the Highest Win Rate Guarantee at Luxury Casino! Best odds for bigger wins! Jump into the carnival craze with our vibrant game ! Let the festivities begin! leaffilterguards | Sponsored Here\u2019s What a 6-Hrs Gutter Upgrade Should Cost You In 2025 Learn More 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! Luxury Casino | Sponsored 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 Students Cut Down More Than 20 Trees At Central Ohio High School In Apparent Prank Kelly Clarkson's sudden absence left fans guessing \u2014 now we know why she's been gone ARTICLE...", "7492_105.pdf": "Start a petition Deny Dr. Yusuf Kalyango's Appeal and Revoke a Sexual Predator's Tenure Started February 5, 2021 Petition to Ohio University and 3 others 1,050 1,500 Signatures Next Goal Support now Sign this petition Why this petition matters Petition details Comments Started by Olivia Gemarro Media inquiries On February 4th, 2021, the Ohio University student and faculty community was devastated to learn that a Faculty Senate committee voted for Dr. Yusuf Kalyango, a journalism professor found by the university's Title office to have sexually harassed a female graduate student, to be immediately reinstated to his position of a full-tenured professor. At OU, there have been allegations against Dr. Kalyango from at least two women in recent years, leading to disciplinary action at various levels within the university system.The decision was reached in a 5-1 vote in Dr. Kalyango's favor, completely invalidating the experiences and struggles of the survivors that have been victimized by Dr. Kalyango in one simple gesture. In refusing to terminate a man who has proven himself to be a danger to young women at our institution, Ohio University is perpetuating an extremely harmful tradition within the higher education industry of tolerating sexual misconduct. Survivors enrolled at or employed by this university cannot feel truly safe while a known abuser is allowed to maintain his employment (in which he will have access to hundreds of students similar in age to his known victims) with all of the benefits of his tenure in place. The voices of those who have suffered sexual trauma are being swiftly silenced, and we must stand up to the abhorrent administration that allows sexual predators to serve in inter-personal academic positions. We call upon the Ohio University Board of Trustees to strike down the decision passed on through the Faculty Senate committee and reaffirm previous requests for Dr. Kalyango's immediate removal from Ohio University. Dr. Kalyango's termination is absolutely necessary for Ohio University to truly demonstrate the commitment to survivor advocacy that they claim to support. Please sign and circulate this petition so that the gravity of our disapproval can be conveyed to the higher administrators who will have the ultimate say on Dr. Kalyango's standing at our university. For more information, please visit the following links to access articles from The Athens News: \"Ohio University professor found by Title office to have sexually harassed two women shouldn\u2019t lose tenure, Faculty Senate says\" (2/4/2021) office-to-have-sexually-harassed-two-women-shouldn/article_90924985-cbf6-5ddf-b0f5- 198f851ca19d.html \"Scripps College dean and former journalism director under investigation after disgraced professor files Title complaint\" (9/17/2020) Support now Sign this petition journalism-director-under-investigation-after-disgraced-professor-files-title- ix/article_c8911284-fa99-52a2-a362-96e37308a252.html \"Prof denies wrongdoing in suit, files counter-claim against OU\" (3/24/2019) counter-claim-against-ou/article_7cdf79c6-4e5c-11e9-a2ec-ffd87a0cb241.html ethics group: Professor accused of sexual harassment should lose his tenure\" (11/9/2018) sexual-harassment-should-lose-his-tenure/article_82388aaa-e469-11e8-a25f- 4b1583c92785.html Share this petition in person or use the code for your own material. Download Code Report a policy violation Media inquiries Are you a member of the media looking to cover this petition? Reach out for available actions. Decision Makers Ohio University Ohio University Board of Trustees Scripps College of Communication Support now E.W. Scripps School of Journalism Support Change \u2014 Not beholden to politics or power brokers, Change.org is free for people everywhere to make change. Every day there are real victories for issues you care about, only possible because we are 100% funded by everyday people like you. Will you stand with us to protect the power of everyday people to make a difference? $4 $10 $15 $20 Other Support Change.org Pay with credit card or Change.org Women's Rights Deny Dr. Yusuf Kalyango's Appeal and Revoke a Sexual Predator's Tenure Company About Impact Careers Community Blog Press Support Help Guides Privacy Connect Facebook Become a Member Today Support now Team Community Guidelines Terms Cookie Policy Manage Cookies \u00a9 2025, Change.org This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. English (Canada) Support now", "7492_106.pdf": "From Casetext: Smarter Legal Research Kalyango v. Ohio Univ. United States District Court, Southern District of Ohio Mar 18, 2024 723 F. Supp. 3d 627 (S.D. Ohio 2024) Copy Citation Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free Case No. 2:22-cv-2028 2024-03-18 Yusuf KALYANGO, Ph.D., Plaintiff, v UNIVERSITY, et al., Defendants Andrea K. Ziarko, Melvin L. Lute, Jr., Gregory A. Beck, Baker, Dublikar, Beck, Wiley & Mathews, North Canton, OH, for Plaintiff. Christopher E. Hogan, Amy Elizabeth Kuhlman, Luper Neidenthal & Logan LPA, Columbus, OH, for Defendants. Download Check Treatmen Sign In Search all cases and statutes... Opinion Case details *631 Andrea K. Ziarko, Melvin L. Lute, Jr., Gregory A. Beck, Baker, Dublikar, Beck, Wiley & Mathews, North Canton, OH, for Plaintiff. Christopher E. Hogan, Amy Elizabeth Kuhlman, Luper Neidenthal & Logan LPA, Columbus, OH, for Defendants 631 This matter is before this Court on Defendants' Motion for Summary Judgment No. 32). Dr. Yusuf Kalyango, Ph.D., brought suit against Ohio University for discrimination, retaliation, breach of contract, breach of administrative policies, and public policy violations. The only surviving claim, evaluated here, is for retaliation. For the reasons stated below, Defendant's Motion is A. Ohio University Investigations and Termination On April 24, 2022, Plaintiff, Dr. Yusuf Kalyango, Ph.D., brought this action against Defendants: (1) Ohio University (\"OU\"); (2) the Board of Trustees; (3) M. Duane Nellis, President of OU; (4) Chaden Djalali, Executive Vice President and Provost of OU; (5) Brian Scott Titsworth, Dean of OU's Scripps College of Communication; (6) Robert K. Stewart, Director of OU's E.W. Scripps School of Journalism; (7) George Antonio Anaya, Civil Rights Investigator in OU's Office for Equity and Civil Rights Compliance; (8) Sarah L. Trower, Executive Director of Office of Civil Rights Compliance and Title Coordinator; and (9) Michal S. Sweeney, tenured professor of journalism history at No. 1). Plaintiff alleges violations of Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000e-1, et *632 seq., the Civil Rights Act of 1991, 42 U.S.C. \u00a7 1981, as amended; and the Ohio Civil Rights Act, Ohio Revised Code Chapter 4112.01, et. seq No. 1 at 2). 632 Plaintiff was a tenured professor of journalism, media, and broadcast news No. 1 at 5-8). He also supervised Ph.D. candidates and oversaw study abroad programs at OU's College of Journalism. (Id.). In February 2017, Tess Herman, a female graduate student who worked for Plaintiff on a study abroad program, made a Title sexual and workplace harassment Download Check Treatmen Sign In Opinion Case details complaint against him. (Id. at 8-10). In July 2017, George Anaya, the Civil Rights Investigator in OU's Office for Equity and Civil Rights Compliance (\"ECRC\"), began an investigation into the accusations. (Id. at 11). Plaintiff not only denied the Ms. Herman's accusations but argues that OU's Human Resources office helped the student fabricate the complaint and that Mr. Anaya conducted a flawed, results-oriented investigation that lacked proper protocol. (Id. at 11-12). Plaintiff alleges that Ms. Herman produced no evidence of her allegations, and that Mr. Anaya disregarded several key witnesses Plaintiff presented to him to corroborate Plaintiff's side of the story. (Id. at 12). Additionally, in February 2018, Ms. Herman filed a retaliation complaint against Plaintiff on behalf of another individual who was not admitted into the School of Communication's doctoral program because that individual had been a witness to Ms. Herman's initial complaint against Plaintiff. (Id. at 18). Plaintiff also denied these claims. On August 24, 2018, Mr. Anaya produced a report detailing the harassment claim and his findings, which Plaintiff maintains was the result of discriminatory animus because Plaintiff is a Black male of Ugandan descent. (Id. at 12-13). As a result of Mr. Anaya's report, Plaintiff alleges the Dean of the College of Communications, Brian Titsworth, and the School Director, Robert Stewart, suspended Plaintiff from teaching, reassigned him to administration of external grant applications and other activities, and banned him from representing the university at academic conferences, in what Plaintiff refers to as the \"administrative de-tenuring process.\" (Id. at 14, 17). Plaintiff argues that their decision was premature and was in retaliation for Plaintiff previously complaining to Director Stewart that Professor and Chair of the graduate admissions committee, Michael S. Sweeney, favored white, American students for admission over minority international students. (Id. at 16-17). In January 2019, Ms. Herman sued both Plaintiff and the University, alleging that Plaintiff had sexually harassed her and that the University had been deliberately indifferent to the harassment No. 13 at 2). Between March and April 2019, Plaintiff filed cross and third-party claims in the proceedings against OU, Mr. Anaya, Ms. Trower, Mr. Djalali, and other senior university officials asserting violation of due process and discrimination under Title No. 1 at 19; see Tess Herman v. Ohio University & Yusuf Download Check Treatmen Sign In Opinion Case details Kalyango, No. 2:19-cv-00201 (S.D. Ohio 2019) (these claims were subsequently dismissed)). Ultimately, the Plaintiff and reached resolution with the student, and that case was terminated on June 2, 2020 No. 13 at 2). Plaintiff argues that in retaliation for filing civil litigation and for failing to admit the student who was the subject of the second complaint, Professor Sweeney directed a smear campaign against him, publicly disclosed the investigation to other journalism school staff, and \"relayed discriminatory animus\" to Mr. Anaya during his investigation of the second complaint made against Plaintiff No. 1 at 19-20). Plaintiff alleges that during this time, *633 Professor Sweeney and Mr. Anaya revived a past sexual assault complaint against Plaintiff that had been made, investigated, and dismissed in 2012. (Id. at 20-21). Plaintiff argues that Mr. Anaya contacted the former student, had her reformulate her story to accuse Plaintiff of further wrongdoing, and used that information to conclude that Plaintiff had violated OU's sexual harassment policy. (Id. at 20-21). On May 30, 2019, Mr. Anaya released another report concluding that Plaintiff's conduct was \"severe enough to create an intimidating, hostile, and offensive educational and work environment,\" which Plaintiff alleges was in retaliation for Plaintiff naming Mr. Anaya as a defendant in his civil litigation. (Id. at 21-22). 633 Plaintiff alleges that in October 2019, Provost Djalali initiated the University Professional Ethics Committee (\"UPEC\") to review the third and oldest student complaint from 2012. (Id. at 22). Plaintiff argues that the was composed of only white faculty and that refused to interview him or consider his evidence. (Id. at 22-24). Instead, Plaintiff argues issued a report in November 2019 \"rubber-stamping\" Mr. Anaya's conclusions and recommending Plaintiff for de-tenure. (Id.). Director Stewart also wrote a letter on behalf of the journalism faculty recommending Plaintiff for de- tenure, which Plaintiff argues was a false misrepresentation because many of the staff did not believe Plaintiff should be de-tenured. (Id. at 26). In response, Plaintiff filed a formal complaint against Director Stewart with OU's Equity and Civil Rights Compliance office alleging prejudice and conducting a procedurally flawed review of the claims against Plaintiff. (Id. at 27). Plaintiff maintains that Dean Titsworth then refused to meet with Plaintiff to hear his side of the story, and instead stripped Plaintiff of any Download Check Treatmen Sign In Opinion Case details monetary compensation and sent a letter to the university's provost recommending loss of tenure. (Id. at 27). During this time, Plaintiff also filed three other complaints for discrimination based on race and national origin against Director Stewart, Dean Titsworth, and Provost Sayrs, investigations which he claims were undermined by senior university officials. (Id. at 31). On September 11, 2020, Plaintiff filed a new civil action against alleging that during their investigations of the complaints, OU: (1) discriminated against him on account of his race, national origin, and gender; and (2) violated his right to contract under 42 U.S.C. \u00a7 1981 and Ohio state law No. 13 at 2; see Kalyango v. University of Ohio, Case No. 2:20-cv-4729). Defendants allege that Plaintiff's claims were based on an Equal Employment Opportunity Commission (\"EEOC\") charge he had filed on April 11, 2019 for race and national origin discrimination and retaliation, but not sex discrimination. (Id.). On April 29, 2021, that case was dismissed without prejudice No. 17). On May 24, 2021, Plaintiff filed a complaint against in the Ohio Court of Claims alleging the same state-law causes of actions alleged in this case No. 13 at 3). That case has been stayed pending the outcome of this action. Plaintiff maintains that OU's Faculty Handbook section on de-tenure, requires an evidence-based hearing before the Faculty Senate Committee (\"FSC\") during which and the professor at issue can put forward exhibits, witness testimony, and arguments No. 1 at 32). Plaintiff's faculty hearing occurred December 9-10, 2020, during which Plaintiff presented evidence from fourteen witnesses, including former students, professors, and other staff. (Id. at 32). The determined the charges were not proven and recommended that Plaintiff be reinstated immediately. (Id. at 33). On March 1, 2021, the Board of Trustees objected to the *634 FSC's findings and asked for the FSC's reconsideration No. 23 at 9). Plaintiff alleges that on April 2, 2021, the reaffirmed its decision, citing concerns about discrimination and retaliation against Plaintiff during the investigations. (Id.). The Board of Trustees rejected the FSC's renewed findings, revoked Plaintiff's tenure, terminated his employment on April 9, 2021, denied him severance, and refused to refund lost wages due to a furlough No. 1 at 34). Plaintiff argues that the Board reversed the 634 Download Check Treatmen Sign In Opinion Case details FSC's recommendation in reaction to public pressure and media scrutiny. (Id. at 25-36 Filings and Charges In March 2019, Plaintiff sent a letter to the EEOC's Cleveland Field Office filing a charge of discrimination against for employment discrimination based on \"race, gender, national origin, and retaliation No. 23-1 at 1). With the letter, he submitted an Charge of Discrimination form, that was not dated or signed, but with the boxes marked for discrimination based on race and national origin and retaliation. (Id. at 6). On April 11, 2019, Plaintiff filed another Charge of Discrimination form in the same case for the same period making the same allegations No. 12-1 at 1). This had a slightly different description of the discrimination but was dated and signed by Plaintiff. (Id.). Plaintiff alleges that he requested a right to sue letter on April 29, 2020 No. 1 at 5 right to sue letter was issued by the Civil Rights Division on July 23, 2020 No. 12-2 at 1). Plaintiff also alleges that he filed a second Complaint on April 14, 2021, following his termination, alleging sex, race, and national origin discrimination No. 23 at 2; 23-3). In his letter, Plaintiff included the following allegations: (1) when he attempted to appeal the de-tenure decision, in retaliation, President Nellis undermined the investigations of the complaints Plaintiff had brought against Dean Titsworth and Director Stewart; (2) that the Board of Trustees had undermined and disregarded the decision of the to reinstate him; (3) that these actions resulted in a hostile, discriminatory employment action taken against him on the basis of race, national origin, and sex; and (4) the Defendants continue to violate his due process and equal protection rights No. 23 at 10). Plaintiff states in his Complaint that he received another right to sue letter from the Ohio Civil Rights Commission on March 10, 2022 No. 1 at 2). During all the investigations against him, Plaintiff alleges that officials failed to adhere to the mandatory investigation deadlines created by the Faculty Handbook and to protect his identity and the investigations from media scrutiny. (Id. at 23, 29-30). Plaintiff argues that as the only Black faculty member in his field, he was treated worse than other white professors who \"had been accused of much worse.\" (Id., \u00b6\u00b6 56, 60, 105, 110). Download Check Treatmen Sign In Opinion Case details Further, Plaintiff maintains that has a policy to \"accept uncorroborated statements of females to the detriment of non-Caucasian, non-native male, either students or professors,\" regardless of their truth or falsity. (Id. at 28). Plaintiff maintains that this ordeal has caused him severe mental and emotional anguish, damaged his professional reputation, and negatively impacted his family. (Id. at 14-15). He seeks: (1) an injunction enjoining the University from engaging in discriminatory employment practices, requiring the University to provide equal opportunities for all employees, and reinstating him as a tenured professor; and (2) $75,000 in compensatory damages and back pay. *635 635 Plaintiff filed his original complaint in April of 2022 No. 1). Defendant moved for judgement on the pleadings in June of 2022 No. 13). This Court granted in part and denied in part that Motion, dismissing without prejudice: Count for race, national origin, and sex discrimination under Title and Counts under Ohio law for discrimination, retaliation, breach of contract, breach of administrative policies, and public policy violations No. 29). This Court further dismissed with prejudice Count under \u00a7 1981. (Id.). The remaining Count for retaliation under Title was allowed to proceed. This matter is now ripe for review concerning Count A. Summary Judgment Federal Rule of Civil Procedure 56(a) provides, in relevant part, that summary judgment is appropriate \"if the movant shows that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law fact is deemed material only if it \"might affect the outcome of the lawsuit under the governing substantive law.\" Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The nonmoving party must then present \"significant probative evidence\" to show that \"there is [more than] some metaphysical doubt as to the material facts.\" Moore v. Philip Morris Cos., Inc., 8 F.3d 335, 340 (6th Cir. 1993). The Download Check Treatmen Sign In Opinion Case details mere possibility of a factual dispute is insufficient to defeat a motion for summary judgment. See Mitchell v. Toledo Hospital, 964 F.2d 577, 582 (6th Cir. 1992). Summary judgment is inappropriate, however, \"if the dispute about a material fact is 'genuine,' that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.\" Anderson, 477 U.S. at 248, 106 S.Ct. 2505. The necessary inquiry for this Court is whether \"the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.\" Anderson, 477 U.S. at 251-52, 106 S.Ct. 2505 mere existence of a scintilla of evidence in support of the opposing party's position will be insufficient to survive the motion; there must be evidence on which the jury could reasonably find for the opposing party. See Anderson, 477 U.S. at 251, 106 S.Ct. 2505; Copeland v. Machulis, 57 F.3d 476, 479 (6th Cir. 1995). It is proper to enter summary judgment against a party \"who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.\" Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Where the nonmoving party has \"failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof,\" the moving party is entitled to judgment as a matter of law. Celotex, 477 U.S. at 322, 106 S.Ct. 2548 (quoting Anderson, 477 U.S. at 250, 106 S.Ct. 2505). In evaluating a motion for summary judgment, the evidence must be viewed in the light most favorable to the nonmoving party. S.E.C. v. Sierra Brokerage Servs., Inc., 712 F.3d 321, 327 (6th Cir. 2013). Therefore, for purposes of Defendant's Motion, the Court will view the facts in the light most favorable to Plaintiff Retaliation Claim The Fair Labor Standards Act makes it unlawful to \"discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted . . . any proceeding *636 under or related to this chapter . . .\" 29 U.S.C. \u00a7 215(a)(3 plaintiff alleging retaliation under may offer either direct or circumstantial evidence to support her case. In discrimination cases, \"direct evidence is that evidence which, if believed, 636 Download Check Treatmen Sign In Opinion Case details requires the conclusion that unlawful discrimination was at least a motivating factor in the employer's actions.\" Jacklyn v. Schering-Plough Healthcare Products Sales Corp., 176 F.3d 921, 926 (6th Cir. 1999). See also Mansfield v. City of Murfreesboro, 706 Fed. Appx. 231, 235 (6th Cir. 2017) (unpublished) (describing direct evidence in the context of claims). In most cases, the plaintiff \"will be able to produce direct evidence that the decision-making officials knew of the plaintiff's protected activity . . . [b]ut direct evidence of such knowledge or awareness is not required . . . .\" Mulhall v. Ashcroft, 287 F.3d 543, 554 (6th Cir. 2002). Instead, a plaintiff may present circumstantial evidence which tends to show an improper reason for her dismissal. If the plaintiff is offering circumstantial evidence, the court engages in the familiar McDonnell Douglas burden-shifting analysis, established by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). The Sixth Circuit has applied that burden- shifting to retaliation claims. Moore v. Freeman, 355 F.3d 558 (6th Cir. 2004). This familiar test has four parts. To establish a prima facie case of retaliation, an employee must prove: (1) she was engaged in a protected activity under the FLSA; (2) her exercise of this right was known by the employer; (3) she was the subject of an adverse employment action; and (4) there is a causal connection between the protected activity and the adverse employment action. See Williams v. Gen. Motors Corp., 187 F.3d 553, 568 (6th Cir. 1999 prima facie showing of retaliation \"creates a presumption that the employer unlawfully discriminated against the employee.\" St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 506, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993). If the plaintiff can establish such a case, the burden then shifts to the defendant to offer a legitimate, non-discriminatory - or, as here, non- retaliatory - reason for the adverse employment action. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817. If the employer is able to do this, the burden shifts back to the plaintiff, who must now prove by a preponderance of the evidence that the proffered reasons were mere pretext and not the true reasons for the adverse action. Kocsis v. Multi-Care Mgmt., Inc., 97 F.3d 876, 883 (6th Cir. 1996). See also Adair v. Charter Cty. of Wayne, 452 F.3d 482, 489 (6th Cir. 2006). Download Check Treatmen Sign In Opinion Case details Morris v. Oldham County Fiscal Court, 201 F.3d 784, 792 (6th Cir. 2000 Title prohibits an employer from \"discriminat[ing] against any individual . . . because of such individual's race, color, religion, sex, or national origin.\" 42 U.S.C. \u00a7 2000e-2(a)(1 Plaintiff must show that he has suffered an adverse employment action, defined as a \"materially adverse\" change in the terms or conditions of employment because of the employer's action. Nguyen v. City of Cleveland, 229 F.3d 559, 562 (6th Cir. 2000). Title also prohibits an employer from retaliating against an employee because of that individual's exercise of protected conduct. 42 U.S.C. \u00a7 2000e-3(a). When a plaintiff cannot show a Title claim directly, the McDonnell Douglas burden shifting test applies. See Jackson v Detroit Receiving Hosp., Inc., 814 F.3d 769, 784 n.6 (6th Cir. 2016 plaintiff claiming she was discriminated against has \"the initial burden under the statute of establishing a prima facie case of discrimination.\" McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. *637 1817, 36 L.Ed.2d 668 (1973). To establish a prima facie case, Plaintiff must show: 637 (1) she engaged in activity protected by Title VII; (2) this exercise of protected rights was known to defendant; (3) defendant thereafter took adverse employment action against the plaintiff, or the plaintiff was subjected to severe or pervasive retaliatory harassment by a supervisor; and (4) there was a causal connection between the protected activity and the adverse employment action or harassment. Here, Plaintiff has produced no direct evidence of retaliatory intent on the part of the Board, so the test will apply. If the plaintiff can show a prima facie case, the defendant then bears the burden \"articulate some legitimate, nondiscriminatory reason\" for its actions. McDonnell Douglas Corp., 411 U.S. at 802, 93 S.Ct. 1817. The plaintiff then must show \"that the proffered reason was not the true reason for the employment decision.\" Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 256, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). Download Check Treatmen Sign In Opinion Case details Hamade v. Valiant Gov't Servs., LLC, 807 F. App'x 546, 549 (6th Cir. 2020) (quoting 42 U.S.C. \u00a7 2000e-3(a)). Accordingly, [t]he first clause is known as the \"opposition clause,\" and the second as the \"participation clause.\" Id. The Supreme Court has held that the term \"oppose\" should be interpreted based on its ordinary meaning: \"[t]o resist or antagonize . . . ; to contend against; to confront; resist; withstand.\" Jackson v. Genesee Cty. Rd. Comm'n, 999 F.3d 333, 344 (6th Cir. 2021) (citing Crawford v. Metro. Gov't of Nashville & Davidson Cnty., 555 U.S. 271, 276, 129 S.Ct. 846, 172 L.Ed.2d 650 (2009)). Additionally, \"[e]xamples of opposition activity protected under Title include complaining to anyone (management, unions, other employees, or newspapers) about allegedly unlawful practices; [and] refusing to obey an order because the worker thinks it is unlawful under Title VII.\" Id. (citing Niswander v. Cincinnati Ins. Co., 529 F.3d 714, 721 (6th Cir. 2008) (internal quotations omitted)). The opposition clause protects not only the filing of formal discrimination charges with the EEOC, but also complaints to management and less formal protests of discriminatory employment practices. Laster v. City of Kalamazoo, 746 F.3d 714, 730 (6th Cir. 2014). 1. McDonnell Douglas Step One: The Prima facie Case a. Protected activity plaintiff may satisfy the pleading requirement for protected activity by \"alleging conduct\" that falls within one of two clauses in the statute, which says it is an: unlawful employment practice for an employer to discriminate against any of his employees . . . [1] because [the employee] has opposed any practice made an unlawful employment practice by this subchapter, or [2] because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter. The plaintiff also must express his opposition in a reasonable manner. Johnson v. Univ. of Cincinnati, 215 F.3d 561, 580 (6th Cir. 2000). For example, \" [a]n employee is not protected when he violates legitimate rules and orders of his employer, disrupts the employment environment, or interferes with Download Check Treatmen Sign In Opinion Case details the attainment of his employer's goals.\" Booker v. Brown & Williamson Tobacco Co., Inc., 879 F.2d 1304, 1312 (6th Cir. 1989). Finally, the plaintiff himself must have a \"reasonable and good faith belief that the opposed practices were *638 unlawful.\" Jackson v. Genesee Cnty. Rd. Comm'n, 999 F.3d 333, 345 (6th Cir. 2021) (quoting Compliance Manual, (CCH) \u00b6 8006); see also Keys v. U.S. Welding, Fabricating & Mfg., Inc., No. CV91-0113, 1992 218302, at *5 (N.D. Ohio Aug. 26, 1992) (noting that \"[u]nder \u00a7 704(a) of Title VII, [the plaintiff] needed only a 'good faith belief' that the company practice about which he was complaining violated Title VII; it is irrelevant whether the allegations are ultimately determined to violate Title VII\"). 638 Plaintiff puts forth evidence of multiple actions that meet the opposition clause definition of protected activity under Title VII: (1) lobbying Director Stewart to intervene in Professor Sweeney's alleged discriminatory admissions practices; (2) filing an complaint in April 2019 alleging retaliation and race, national origin, and sex discrimination; and (3) filing multiple internal complaints against Stewart, Titsworth, and Sayrs for race and national origin discrimination after they removed him from the classroom prior to the review. While Plaintiff expressed disdain for the sanctions levied against him, there is no evidence that he violated orders from his employer following the sanctions. Because Plaintiff denied the harassment allegations against him, Plaintiff has asserted a reasonable belief that the investigations, sanctions, and ultimate termination of his position were motivated by discriminatory animus in retaliation for him raising employment discrimination concerns both internally to and externally with the EEOC. b. Exercising protected rights and c. adverse employment action Plaintiff meets the second and third prongs required to establish a prima facie case for retaliation under Title VII. Plaintiff reasonably believed that the investigations against him, the process by which he was recommended for de-tenure, and his subsequent termination were conducted in an unlawful manner. Termination is plainly an adverse employment action and defendants were aware of Plaintiff's opposition through his first complaint and Plaintiff's participation in two federal lawsuits. Download Check Treatmen Sign In Opinion Case details c. Causal connection Finally, the fourth part of the test requires \"proof that the unlawful retaliation would not have occurred in the absence of the alleged wrongful action or actions of the employer.\" Univ. of Tex. Sw. Med. Ctr. v. Nassar, 570 U.S. 338, 360-62, 133 S.Ct. 2517, 186 L.Ed.2d 503 (2013 plaintiff must show that his \"protected activity was a but-for cause of the alleged adverse action by the employer.\" Id. at 352, 133 S.Ct. 2517 causal link may be shown through knowledge combined with closeness in time that creates an inference of causation. Johnson v. Univ. of Cincinnati, 215 F.3d 561, 582 (6th Cir. 2000). Although temporal proximity, alone, will not support an inference of discriminatory retaliation, closeness in time between the filing and the adverse employment action is relevant to evincing the employer's intent. Id. at 582-83; see also Cooper v. City of North Olmsted, 795 F.2d 1265, 1272-73 (6th Cir. 1986) (\"The mere fact that [the plaintiff] was discharged four months after filing a discrimination claim is insufficient to support an inference of retaliation.\"). Where time elapses between when the employer learns of a protected activity and the subsequent adverse employment action, the employee must \"couple temporal proximity with other evidence of retaliatory conduct to establish causality.\" Mickey v. Zeidler Tool & Die Co., 516 F.3d 516, 525 (6th Cir. 2008). An intervening \"legitimate reason[ ] to discipline . . . dispels an inference of retaliation based on temporal proximity.\" Wasek v. Arrow Energy *639 Servs., Inc., 682 F.3d 463, 472 (6th Cir. 2012) (finding that the legitimate reason was that plaintiff left the job site without permission after making a complaint of sexual touching to a supervisor). 639 Even though the complaint that was related directly to Plaintiff's termination was filed after his termination in April 2021, Plaintiff presents sufficient evidence to establish a causal connection for purposes of retaliation. Plaintiff took action in response to what he alleges were unlawful internal investigations against him as far back as March of 2019 when he filed cross claims against in a prior case. More than a year later, in September 2020, Plaintiff filed his own action against alleging discrimination. During the same time period that Plaintiff filed federal litigation and internal complaints against staff who were involved in the de-tenuring process, the internal investigations into the harassment claims Download Check Treatmen Sign In Opinion Case details against him progressed and culminated in termination. From the beginning of the investigations into Plaintiff, he maintains that the investigators disregarded the evidence he presented to counter the harassment claims and flouted the investigatory procedures laid out in the Faculty Handbook. Additionally, the decision to place him on paid, administrative function does not constitute an intervening legitimate reason to defeat the inference of retaliation, because Plaintiff took no wrongful action for which he was disciplined in between the beginning of the investigations and his termination. Even though more than two years passed from the beginning of the investigations to termination, Plaintiff asserts that the process of de- tenure and termination was replete with wrongful conduct because he challenged OU's conduct, which robbed him of due process. Taking Plaintiff's evidence in the light most favorable to him, he plausibly establishes a prima facie case of retaliation. 2. McDonnell Douglas Step Two: Legitimate, Non- Discriminatory Reason Defendant now bears the burden to \"articulate some legitimate, nondiscriminatory reason\" for its actions. McDonnell Douglas Corp., 411 U.S. at 802, 93 S.Ct. 1817. Here, Defendant's burden is merely one of production, not persuasion; it involves \"no credibility assessment.\" Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 142, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). It is sufficient if a defendant \"explains what he has done\" or \"produces evidence of legitimate nondiscriminatory reasons.\" Bd of Trustees of Keene State College v. Sweeney, 439 U.S. 24, 25 n.2, 99 S.Ct. 295, 58 L.Ed.2d 216 (1978). Defendant offers in explanation that it terminated Plaintiff because of the allegations against him and the Board's internal findings No. 32 at 11). This is a sufficient explanation and will be accepted as a legitimate reason. 3. McDonnell Douglas Step Three: Pretext Once the employer has offered legitimate, non-discriminatory reasons for its actions, the burden shifts back to the plaintiff to show that those articulated reasons are not, in fact, the true reasons for the employer's Download Check Treatmen Sign In Opinion Case details *640 Harris v. Metropolitan Government of Nashville and Davidson County, Tenn., 594 F.3d 476, 486 (6th Cir. 2010). Halfacre v. Home Depot, U.S.A., Inc., 221 F. App'x 424, 430 (6th Cir. 2007). actions plaintiff can show pretext in one of three ways by showing that the employer's stated reason: (1) had no basis in fact, (2) did not actually motivate the employer's action, or (3) were insufficient to motivate the employer's action. Manzer v. Diamond Shamrock Chems. Co., 29 F.3d 1078, 1084 (6th Cir. 1994 defendant's proffered reason cannot be proved to be a pretext \"unless it is shown both that the reason was false, and that discrimination [or retaliation] was the real reason.\" St. Mary's Honor Ctr. v. Hicks, 509 U.S. 640 502, 515, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993). Additionally, [i]f the employer had an honest belief in the proffered basis for the adverse employment action, and that belief arose from reasonable reliance on the particularized facts before the employer when it made the decision, the plaintiff will fail to establish the basis for the decision was pretextual. Braithwaite v. Timken Co., 258 F.3d 488, 494 (6th Cir. 2001) (citation omitted); Smith v. Chrysler, 155 F.3d 799, 807 (6th Cir. 1998) (\"In deciding whether an employer reasonably relied on the particularized facts then before it, we do not require that the decisional process used by the employer be optimal or that it left no stone unturned. Rather, the key inquiry is whether the employer made a reasonably informed and considered decision before taking an adverse employment action.\"). Here, Plaintiff argues that his termination was pretextual because Defendant's stated reason did not actually motivate its action, Manzer, 29 F.3d at 1084, and that his evidence tends to prove that an illegal motivation was more likely than that offered by the Defendant. See Seeger v. Cincinnati Bell Tel. Co., 681 F.3d 274, 285 (6th Cir. 2012). The Board of Trustees claims Download Check Treatmen Sign In Opinion Case details that it terminated plaintiff after its own thorough investigation. Following the Faculty Senate Hearing Committee's investigation, the Committee concluded that \"the revocation of Dr. Kalyango's tenure was not warranted and strongly recommend his reinstatement without delay as a tenured (full) professor with all rights and privileges accorded thereto No. 37 at 19). The Board issued objections and asked the Committee to revisit the case. The Committee again found that Plaintiff's termination was not warranted and specifically referenced troubling aspects of the appeal process relating to retaliation and bias within the College of Communications. (Id.). The Board, however, ignored the Committee's twice-considered decision and decided to terminate Plaintiff anyway. Viewing the evidence in the light most favorable to Plaintiff, it is clear that the Committee conducted a thorough investigation. The Board, meanwhile, conducted a cursory inquiry into Plaintiff and chose to terminate him in spite of the Committee's recommendation. The Board's stated reason for terminating Plaintiff appears to be a false motivation when measured against the Committee's extensive investigation. As a result, Plaintiff has met the final McDonnell Douglas criterion and summary judgement is inappropriate at this stage For the reasons stated above, Defendant's Motion for Summary Judgement is ORDERED. About us Jobs News Twitter Download Check Treatmen Sign In Opinion Case details 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. Download Check Treatmen Opinion Case details", "7492_107.pdf": "\uf002 Ohio University statement on the matter regarding Dr. Yusuf Kalyango hio University takes all allegations of sexual misconduct very seriously and investigates these matters thoroughly. The personal safety and welfare of our students and campus community are our top priorities, and equitable measures are taken to ensure any and all complaints are handled appropriately. In August 2018, Ohio University\u2019s Office of Equity and Civil Rights Compliance (ECRC) issued a memorandum of findings resulting from an investigation of allegations of sexual misconduct on the part of Dr. Yusuf Kalyango, a professor in the Scripps College of Communication found that Dr. Kalyango had violated university policy prohibiting sexual misconduct. Dr. Kalyango was immediately placed on home assignment and prohibited from engaging with students. In May of 2019 issued a second memorandum of findings regarding a separate complaint of sexual misconduct on the part of Dr. Kalyango, again finding that he had violated university policy prohibiting sexual misconduct. Due to the seriousness of the findings of the investigations and pursuant to the process outlined in the faculty handbook \uf08e, a comprehensive adjudication proceeding for tenure removal and termination was initiated. The adjudication proceeding has concluded on April 9, 2021 and Kalyango\u2019s tenure was revoked, and the President was directed to take immediate steps to terminate Dr. Kalyango\u2019s employment with the University. The decision to terminate any employee is one the University takes with great care and seriousness. The investigation and adjudication process are designed to ensure thorough consideration before a conclusion is reached. This process led to Dr. Kalyango\u2019s termination, and this action upholds our commitment to providing a safe environment for our University community. The University reaffirms its commitment to providing a learning environment where students can decide the ways that work for them to report these incidents for investigation to the University; and for individual, confidential care. As the University moves forward, we will continue to challenge our campus community to help us strengthen our commitment to a sexual violence and harassment free campus. To the survivors in these stories: Ohio University recognizes your courage and the bravery you demonstrated in sharing your experience with sexual misconduct on our campus. We believe you. Published: Author: April 9, 2021 Staff reports \uf39e \ue61b \uf0e0 \uf0e1"} |
8,841 | David Sabatini | Massachusetts Institute of Technology | [
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] | {"8841_101.pdf": "v (2025) Appeals Court of Massachusetts, David v. Kristin & others.1 No. 23-P-706 Decided: January 14, 2025 Present: Blake, Ditkoff, & D'Angelo, JJ. Kay H. Hodge (John M. Simon also present), Boston, for Ruth Lehmann & another. Ellen J. Zucker (Neerja Sharma also present), Boston, for Kristin A. Knouse. Edward Foye, Boston (Lisa G. Arrowood also present) for the plaintiff. Christine Walz, of New York, Lisa Kohring, of Florida, Madeline Fenton, of Pennsylvania, & Jamie Alexandra Ehrlich, for Legal Momentum & others, amici curiae, submitted a brief. Naomi R. Shatz, Boston, & Niamh S. Gibbons, for Massachusetts Employment Lawyers Association, amicus curiae, submitted a brief. This case arises from a workplace sexual harassment investigation. The plaintiff, David M. Sabatini, ran a laboratory at Whitehead Institute for Biomedical Research (Whitehead or institute). In 2020, Kristin A. Knouse, who was a fellow at Whitehead, told the institute's director, Ruth Lehmann, that Sabatini had sexually harassed her. Following Whitehead's investigation into the matter, which culminated in a report finding sexual harassment, Sabatini resigned and brought a complaint alleging that the defendants -- Knouse, Whitehead, and Lehmann -- made false statements about him. Knouse counterclaimed, generally alleging sexual harassment, retaliation, and related torts as well as that the purpose of Sabatini's complaint was to smear her. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs Following special motions to dismiss under the anti statute, G. L. c. 231, \u00a7 59H, and motions to dismiss for failure to state a claim, the parties appeal from so much of an order (March 30, 2023 order) as denied Knouse's special motion to dismiss; denied in part and allowed in part Whitehead and Lehmann's special motion to dismiss; and dismissed for failure to state a claim (1) Sabatini's claims against Whitehead and Lehmann for defamation and tortious interference (counts and IV), (2) part of Sabatini's claim against the defendants for violation of G. L. c. 151B (count IX), and (3) Knouse's counterclaim against Sabatini for violation of G. L. c. 214, \u00a7 1C (counterclaim I).2 With respect to the special motions to dismiss, we conclude that Sabatini's claims have a substantial basis in conduct other than or in addition to protected petitioning activity and that the special motions to dismiss should have been denied in their entireties. We otherwise conclude that counts and IV, part of count IX, and counterclaim were properly dismissed for failure to state a claim.3 Background. \u201cWe summarize the facts as derived from the [complaint and other evidence] before the Superior Court\u201d judge for purposes of reviewing the special motions to dismiss, Bristol Asphalt, Co. v. Rochester Bituminous Prods., Inc., 493 Mass. 539, 542, 227 N.E.3d 1019 (2024), and assume the facts as alleged in the complaint to be true for purposes of reviewing the motions to dismiss for failure to state a claim, see Calixto v. Coughlin, 481 Mass. 157, 158, 113 N.E.3d 329 (2018).4 Sabatini and Knouse met in 2012. At the time, Sabatini was a tenured member of the department of biology at the Massachusetts Institute of Technology (MIT) and ran his own laboratory at Whitehead, a research institute affiliated with that receives funding from private resources such as the Howard Hughes Medical Institute (HHMI) and public resources such as the National Institutes of Health (NIH).5 Knouse was enrolled in an inter-institutional M.D./Ph.D. program at Harvard and MIT, where Sabatini was one of her instructors and served on her thesis committee. While Knouse was a doctoral student, she and Sabatini sometimes socialized. Then, in 2018, Knouse started a fellowship at Whitehead, and she and Sabatini began a sexual relationship. While the relationship ended in 2019, Knouse sent text messages to Sabatini in January 2020 seeking to rekindle their relationship. Sabatini responded, asking Knouse to stop and stating that he wanted peace and needed space to figure things out. In early 2020 through the fall of 2020, Knouse began telling colleagues, both at Whitehead and MIT, that Sabatini had sexually harassed her. In October 2020, Knouse reported the alleged sexual harassment to Lehmann. Around that time, Whitehead hired a consultant to conduct a diversity survey at Whitehead. During the survey, some Whitehead employees reported concerns about Sabatini. In response, Whitehead hired the law firm of Hinckley, Allen & Snyder (HAS) to investigate the culture within Sabatini's laboratory. The investigators spoke with Knouse and other members of the Whitehead community. In interviews with the investigators, Knouse repeated her allegations that Sabatini had sexually harassed her. On August 13, 2021 sent a report to Whitehead finding that Sabatini had committed sexual harassment. Whitehead forwarded the report to and HHMI. On August 19, Whitehead provided Sabatini with a copy of the report. On August 20, Sabatini resigned after learning that Whitehead was about to terminate his employment.6 Also on August 20, Lehmann sent an e-mail message to the Whitehead community stating that Sabatini had violated Whitehead's policies on sexual harassment and was no longer associated with Whitehead. The message was then circulated and reported in the news. Thereafter, Whitehead and Lehmann also communicated with scientific journals where Sabatini had articles pending, asking the journals to convey that Sabatini was no longer associated with Whitehead and implying that Sabatini had engaged in misconduct. While not alleged in Sabatini's complaint, it is undisputed for purposes of this appeal that Whitehead also communicated with regarding Sabatini. On August 24, Whitehead informed that Sabatini no longer worked there. On August 27 sent Whitehead a letter stating that it had learned of Sabatini's departure from the news and requesting additional information.7 Whitehead responded on September 21. Whitehead's response outlined the events leading to its decision to hire to conduct an investigation; stated that the investigation resulted in a finding of sexual harassment; and outlined the remedial steps that Whitehead had taken in response, including accepting Sabatini's notice of resignation. Discussion. 1. Anti-SLAPP. The defendants argue that their alleged conduct -- including Knouse's reports to colleagues, Lehmann, and the investigators that Sabatini had sexually harassed her; Whitehead's investigation of those reports; and the subsequent sharing of the finding that Sabatini had committed sexual harassment -- constituted protected petitioning activity and that all of Sabatini's claims should have been dismissed. We disagree. We review the motion judge's rulings on the defendants\u2019 special motions to dismiss de novo, applying the revised framework set forth in Bristol Asphalt, Co., 493 Mass. at 555-560, 227 N.E.3d 1019.8 At the first stage of the framework, the proponent of the special motion to dismiss \u201cmust show that the challenged count has no substantial basis in conduct other than or in addition to the special motion proponent's alleged petitioning activity.\u201d Id. at 555-556, 227 N.E.3d 1019. If the proponent cannot make this threshold showing, the special motion to dismiss must be denied and, as here, we need not reach the second stage of the framework. See id. at 556, 227 N.E.3d 1019. In conducting this analysis, we do not parse the factual allegations underlying each claim to determine whether a portion of the claim could be construed as based on petitioning activity alone. See id. at 553-554, 227 N.E.3d 1019. Instead, where a claim is based on a mixture of petitioning activity and conduct other than petitioning activity, any defenses related to the petitioning activity are \u201cbest addressed in the course of ordinary litigation \u2024, not special motions to dismiss.\u201d Id. at 554, 227 N.E.3d 1019. Petitioning activity broadly includes any written or oral statement submitted to or made in connection with an issue under consideration by a governmental body and \u201cany statement reasonably likely to encourage consideration or review of an issue by a legislative, executive, or judicial body or any other governmental proceeding.\u201d G. L. c. 231, \u00a7 59H. The statement must be \u201cmade to influence, inform, or at the very least, reach governmental bodies -- either directly or indirectly\u201d (citation omitted). Blanchard v. Steward Carney Hosp., Inc., 477 Mass. 141, 149, 75 N.E.3d 21 (2017), overruled on other grounds by Bristol Asphalt, Co. 493 Mass. at 555-556, 227 N.E.3d 1019. \u201cThe archetypical demonstration of th[e] nexus [between a statement and a government proceeding] involves a party's statement regarding an ongoing governmental proceeding made directly to a governmental body.\u201d Blanchard, supra. \u201cFailing something this clear cut, courts look to objective indicia of a party's intent to influence a governmental proceeding.\u201d Id. The statement must be \u201creasonably geared to reaching [the government].\u201d Id. at 152, 75 N.E.3d 21. To determine if statements constitute petitioning, \u201cwe consider them in the over-all context in which they are made\u201d (citation omitted). Id. at 149, 75 N.E.3d 21. We first address whether Sabatini's claims against Knouse have a substantial basis in conduct other than petitioning activity. With one exception, see note 9, infra, Sabatini's claims against Knouse were based on allegations that Knouse falsely accused him of sexual harassment, and the question is whether Knouse's reports of sexual harassment constituted petitioning activity.9 Knouse does not point us to any objective indicia suggesting that her reports were \u201creasonably geared to reaching [the government],\u201d let alone \u201cinten[ded] to influence a governmental proceeding.\u201d Blanchard, 477 Mass. at 149, 152, 75 N.E.3d 21. Rather, Knouse made her reports in private, first to a select group of colleagues and then to the investigators during a private workplace investigation.10 See id. at 152, 75 N.E.3d 21 private statement to a select group of people does not, without more, establish a plausible nexus to a governmental proceeding\u201d). At the time, neither nor any other governmental body was involved in the investigation or otherwise reviewing the matter.11 Accordingly, we conclude that Sabatini's claims against Knouse have a substantial basis in conduct other than petitioning activity and that her special motion to dismiss was properly denied. We next address Sabatini's claims against Whitehead and Lehmann. Those claims fall into two general categories, (1) claims based on allegations that Whitehead and Lehmann pursued an unfair and one- sided investigation 12 and (2) claims based on allegations that Whitehead and Lehmann shared the finding that Sabatini had committed sexual harassment without regard for the truth of the matter.13 Asserting that Whitehead's investigation was \u201cintended to encourage to have a favorable view of Whitehead's compliance with [NIH's] [antiharassment] requirements,\u201d Whitehead and Lehmann argue that their entire course of conduct constituted petitioning activity and that all of Sabatini's claims against them should have been dismissed. In essence, Whitehead and Lehmann argue that their actions or inactions all had a communicative quality directed to NIH. See Marabello v. Boston Bark Corp., 463 Mass. 394, 399, 974 N.E.2d 636 (2012). However, Whitehead and Lehmann do not point us to any \u201cobjective indicia\u201d showing that to be true. Blanchard, 477 Mass. at 149, 75 N.E.3d 21. As discussed was not involved in Whitehead's investigation. In fact, Whitehead and Lehmann did not inform of the investigation until after it had concluded, at which point Whitehead volunteered the limited information that Sabatini no longer worked there. While Whitehead subsequently provided additional information, it did so only in response to a direct request from NIH.14 Nor have Whitehead or Lehmann shown that their communications to the Whitehead community and other entities -- including MIT, HHMI, and scientific journals -- were \u201creasonably geared to reaching [NIH].\u201d Id. at 152, 75 N.E.3d 21. Rather, in context, those were private communications to individuals and entities that also had an interest in the information. See id. In sum, we conclude that Sabatini's claims against Whitehead and Lehmann have a substantial basis in conduct other than or in addition to petitioning activity and that Whitehead and Lehmann's special motion to dismiss should have been denied in its entirety.15 2. Dismissals for failure to state a claim. a. Counts and IV. Counts and of Sabatini's complaint asserted claims for defamation and tortious interference against Whitehead and Lehmann. The motion judge dismissed these claims on the basis that they turned on communications that were conditionally privileged. We agree communication] will be deemed conditionally privileged if the publisher of the statement and the recipient have a common interest in the subject and the statement is reasonably calculated to further or protect that interest\u201d (quotation and citation omitted). Downey v. Chutehall Constr. Co., 86 Mass. App. Ct. 660, 666, 19 N.E.3d 470 (2014). However, a publisher may abuse, and lose, a conditional privilege in a number of ways, including where \u201c(1) there is unnecessary, unreasonable or excessive publication, and the defendant recklessly published the defamatory statements; (2) the defendant published the defamatory statements with knowledge of their falsity or with reckless disregard of the truth; or (3) the defendant acted with actual malice\u201d (quotation and citation omitted). Sullivan v. Superintendent, Mass. Correctional Inst., Shirley, 101 Mass. App. Ct. 766, 777, 196 N.E.3d 760 (2022 defendant who raises conditional privilege as a defense has the burden to establish it. See Downey, supra at 665, 19 N.E.3d 470. Where a defendant establishes the privilege, the burden shifts to the plaintiff to show \u201ca trial-worthy issue of an abuse of that privilege.\u201d Id. Sabatini alleged that Whitehead and Lehmann defamed him and tortiously interfered with his business relationships by telling others that he had committed sexual harassment. As alleged, Whitehead and Lehmann made these statements to individuals in the Whitehead community; to affiliated institutions that also employed Sabatini; and to scientific journals that were about to publish articles linking Sabatini to Whitehead.16 Whitehead and Lehmann shared with these individuals and entities a \u201ccommon interest\u201d in Sabatini's fitness to run a laboratory free from sexual harassment, and their statements were \u201creasonably calculated to further or protect that interest.\u201d Downey, 86 Mass. App. Ct. at 666, 19 N.E.3d 470. Moreover, Sabatini's allegations, which acknowledge that he had a sexual relationship with Knouse and that Whitehead and Lehmann hired an independent law firm to investigate the matter,17 amply show that Whitehead and Lehmann had a reason to believe the statements and did not act out of malice or do anything else to abuse and lose the privilege.18 b. Count IX. Count of Sabatini's complaint asserted a claim for violation of G. L. c. 151B against Knouse, Whitehead, and Lehmann. The claim included multiple theories: (1) Knouse's text messages created a hostile working environment, (2) Knouse retaliated when Sabatini asked her to stop, (3) Whitehead and Lehmann aided and abetted Knouse in committing retaliation, and (4) Whitehead and Lehmann committed differential sex discrimination by not disciplining Knouse.19 The motion judge dismissed the retaliation and aiding and abetting aspects of the claim, and only those aspects of the claim are before us. We conclude that they were properly dismissed. \u201cIn the absence of direct evidence of a retaliatory motive,\u201d a plaintiff asserting retaliation must allege facts showing that he engaged in a protected activity, that he suffered an adverse action, and that there was a causal connection between the protected activity and the adverse action. Psy-Ed Corp. v. Klein, 459 Mass. 697, 707, 947 N.E.2d 520 (2011). Protected activities are \u201creasonable acts meant to protest or oppose [harassing conduct]\u201d (quotation and citation omitted). Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., 474 Mass. 382, 406, 50 N.E.3d 778 (2016). To be protected, a communication must \u201cbe reasonably read\u201d as raising a complaint that the supervisor or coworker engaged in harassing conduct. Bulwer v. Mount Auburn Hosp., 86 Mass. App. Ct. 316, 336, 16 N.E.3d 1090 (2014). Cf. Tam v. Federal Mgt. Co., 99 Mass. App. Ct. 41, 52, 163 N.E.3d 395 (2021) (complaints were \u201ctoo general\u201d to constitute protected conduct under Wage Act). Sabatini alleged that he asked Knouse to \u201c[p]lease stop.\u201d Sabatini alleged that he further responded by saying that he wanted \u201csome peace\u201d and needed \u201cspace as a friend\u201d to figure things out. In this context, Sabatini's request that Knouse \u201c[p]lease stop\u201d was too general to reasonably be read as raising a complaint that Knouse had created a hostile working environment. See Bulwer, 86 Mass. App. Ct. at 336, 16 N.E.3d 1090. Cf. Tam, 99 Mass. App. Ct. at 52, 163 N.E.3d 395. Rather, as Sabatini's subsequent messages make plain, the request was for peace and space from a past personal relationship. Where Sabatini did not allege facts showing that he engaged in a protected activity, he did not assert a prima facie case for retaliation. Accordingly, so much of his claim as alleged that Knouse committed retaliation and that Whitehead and Lehmann aided and abetted Knouse in committing retaliation was properly dismissed. c. Counterclaim I. As noted, Knouse also filed a counterclaim against Sabatini, which asserted that Sabatini violated her right to be free from sexual harassment in the educational context in violation of G. L. c. 214, \u00a7 1C. The motion judge dismissed the counterclaim on the basis that a claim under G. L. c. 214, \u00a7 1C, for sexual harassment in the educational context must be brought against the educational institution, itself, not an individual. We agree. General Laws c. 214, \u00a7 1C, permits actions enforcing the right to be free from sexual harassment, as defined in G. L. c. 151B (employment context) and G. L. c. 151C (educational context), to be brought in Superior Court. The substantive law regarding sexual harassment is then set forth in G. L. c. 151B and G. L. c. 151C. See Morrison v. Northern Essex Community College, 56 Mass. App. Ct. 784, 786, 780 N.E.2d 132 (2002) (violations of G. L. c. 151C are actionable in Superior Court under G. L. c. 214, \u00a7 1C). As pertinent here, G. L. c. 151C makes it unlawful for any \u201ceducational institution \u2024 [t]o sexually harass students in any program or course of study.\u201d G. L. c. 151C, \u00a7 2 (g).20 Where this language applies only to educational institutions, a claim for violation of G. L. c. 151C that is asserted through G. L. c. 214, \u00a7 1C, must be brought against the educational institution. See Lowery v. Klemm, 446 Mass. 572, 577, 845 N.E.2d 1124 (2006) (\u201cthe definitions of sexual harassment in G. L. c. 151B and c. 151C \u2024 limit the reach of\u201d G. L. c. 214, \u00a7 1C); Doe v. Fournier, 851 F. Supp. 2d 207, 217 (D. Mass. 2012) (statute \u201cdoes not permit claims against individuals\u201d). Conclusion. We reverse so much of the March 30, 2023 order as allowed in part Whitehead and Lehmann's special motion to dismiss. In all other respects, we affirm. The matter is remanded to the Superior Court for further proceedings.21 So ordered 2. So much of the March 30, 2023 order as denied the special motions to dismiss was appealable pursuant to the doctrine of present execution. See Fabre v. Walton, 436 Mass. 517, 521-522, 781 N.E.2d 780 (2002). Sabatini and Knouse also obtained leave from a single justice of this court to appeal from the interlocutory rulings on counts II, IV, and IX, and counterclaim I. The parties do not appeal from other aspects of the March 30, 2023 order. 3. We recognize the amicus brief submitted by Legal Momentum and the National Women's Law Center; and Better Balance; American Civil Liberties Union of Massachusetts, Inc.; Association for Women in Science; California Women's Law Center; Center for Women's Health and Human Rights, Suffolk University; Congregation of Our Lady of Charity of the Good Shepherd Provinces; Desiree Alliance; Equal Rights Advocates; Healthy Teen Network; Justice and Joy National Collaborative (formerly National Crittenton); National Advocacy Center of the Sisters of the Good Shepherd; National Association of Social Workers; National Association of Women Lawyers; National Consumers League; National Employment Law Project; National Partnership for Women and Families; Reproaction; SisterReach and SisterReach Illinois; Southwest Women's Law Center; The American Society for Cell Biology; The Women's Law Center of Maryland; Victim Rights Law Center; Women Employed; Women Lawyers On Guard Inc.; Women's Bar Association of the District of Columbia; Women's Bar Association of Massachusetts; Women's Bar Association of the State of New York; Lawyers Club of San Diego; Collective Power for Reproductive Justice; The American Society for Cell Biology; and National Organization for Women Foundation; and the brief submitted by the Massachusetts Employment Lawyers Association. 4. We reserve for later discussion the factual allegations underlying Knouse's counterclaim for violation of G. L. c. 214, \u00a7 1C, and assume those allegations to be true for purposes of reviewing Sabatini's motion to dismiss. 5. As pertinent here, Whitehead and have a relationship whereby provides funding for, and in some instances employs, individuals working at Whitehead. At all relevant times, both Whitehead and employed Sabatini. In addition provided grants that funded Sabatini's research at Whitehead. 6. Before Sabatini resigned, his coemployer at Whitehead, HHMI, see note 5, supra, terminated his employment placed Sabatini on leave. 7. By then, Whitehead asserts that it had already informed of Sabatini's departure, so it is unclear why stated that it learned of Sabatini's departure from the news. 8. The Supreme Judicial Court decided Bristol Asphalt, Co., after the motion judge ruled on the special motions in this case. However, the Supreme Judicial Court has stated that the revised framework is \u201capplicable to cases in which a[ ] [special motion to dismiss] or appeal remain[ed] pending\u201d as of the date of the issuance of the rescript in Bristol Asphalt, Co. Columbia Plaza Assocs. v. Northeastern Univ., 493 Mass. 570, 578, 227 N.E.3d 999 (2024). 9. Sabatini asserted that Knouse's reports of sexual harassment were defamatory, interfered with his business relationships, inflicted emotional distress, and were retaliatory in violation of G. L. c. 151B. Sabatini also asserted that Knouse's text messages created a hostile working environment in violation of G. L. c. 151B. Knouse does not explain how Sabatini's claim for a hostile working environment is based on petitioning activity, and we do not address the claim further. 10. Knouse relies on Berk v. Kronlund, 102 Mass. App. Ct. 710, 715, 212 N.E.3d 833 (2023), arguing that Berk stands for the proposition that petitioning activity can include a communication made to a private entity if the private entity, by law, must notify a governmental body of the communication. However, Knouse does not cite any authority for the proposition that anyone here, by law, had to notify a governmental body of her reports of sexual harassment. The defendants all assert that Whitehead had to notify NIH, but they provide no support for that assertion. In fact, while a law now requires institutions that receive funding to notify when \u201cindividuals identified as a principal investigator or as key personnel in an notice of award are removed from their position or are otherwise disciplined due to concerns about harassment,\u201d that law did not go into effect until 2022. 42 U.S.C. \u00a7 283a-4. 11. Knouse argues that if Whitehead did not take action, she \u201cintended to file claims and report to NIH.\u201d However, the fact that Knouse may have intended to initiate some form of governmental review does not mean that any statements made in a private setting before she did so constituted petitioning activity. See, e.g., Giuffrida v. High Country Investor, Inc., 73 Mass. App. Ct. 225, 243, 897 N.E.2d 82 (2008) (anti statute did not provide protection for demand letter sent in anticipation of litigation). 12. Sabatini asserted a breach of contract claim against Whitehead alleging that Whitehead did not apprise Sabatini of the charges against him and otherwise did not afford Sabatini due process, in violation of his contract. Sabatini also asserted a claim for violation of G. L. c. 151B against Whitehead and Lehmann alleging they ignored Knouse's text messages, thereby committing differential sex discrimination and aiding and abetting Knouse in committing retaliation. 13. Based on these allegations, Sabatini asserted claims for defamation and tortious interference with business relationships. 14. The motion judge ruled that Whitehead's direct communications to constituted petitioning activity and dismissed the portions of Sabatini's complaint based on those communications. The motion judge did so in reliance on Blanchard, 477 Mass. at 155, 75 N.E.3d 21, which required judges to parse the allegations of a claim so as to allow any portion of a claim based on petitioning activity to be dismissed. Since then, the Supreme Judicial Court has overruled the requirement that judges parse the allegations of a claim in connection with a special motion to dismiss. See Bristol Asphalt Co., 493 Mass. at 553-554, 227 N.E.3d 1019. Now, so long as a claim has a \u201csubstantial basis in conduct other than or in addition to the special motion proponent's alleged petitioning activity,\u201d the whole claim stands. Id. at 555-556, 227 N.E.3d 1019. Where we conclude that Sabatini's claims against Whitehead and Lehmann have a substantial basis in conduct other than or in addition to petitioning activity, we need not separately address Whitehead's direct communications to NIH. 15. After the motion judge denied the defendants\u2019 special motions to dismiss, another judge issued a discovery order permitting discovery to proceed. The defendants filed notices of appeal from that order. The defendants argue that they have a right to appeal from the discovery order pursuant to the doctrine of present execution and that discovery should have been stayed pending their appeals from the denials of the special motions to dismiss. Sabatini argues that the doctrine of present execution is inapplicable to the discovery order and that, regardless, it was within the judge's discretion to permit discovery to proceed. Given our conclusion that the special motions to dismiss should have been denied in their entireties, we do not reach these issues. 16. In addition to the general communications described in our background section, Sabatini relies on allegations that Lehmann and the chair of the Whitehead board of trustees made statements at a Whitehead retreat implying that Sabatini had committed sexual harassment and that another member of the board of trustees told an faculty member that Sabatini was a \u201csexual predator.\u201d 17. Sabatini argues that the investigation was not independent, and he directs us to factual allegations asserting that he was not afforded due process and that some interviewees reported to Lehmann that they felt pressured to report negative information about Sabatini. However, this is a case where Whitehead and Lehmann received conflicting information from different sources. The fact that some interviewees voiced concerns regarding the investigation does not mean that Whitehead and Lehmann had \u201cno reason to believe\u201d that Sabatini committed sexual harassment in light of the other information available to them. Bratt v. International Business Machs. Corp., 392 Mass. 508, 514, 467 N.E.2d 126 (1984), quoting Sheehan v. Tobin, 326 Mass. 185, 192, 93 N.E.2d 524 (1950). 18. We are unpersuaded by Sabatini's arguments that whether a conditional privilege applied could not have been decided at the motion to dismiss stage. See, e.g., McCone v. New England Tel. & Tel. Co., 393 Mass. 231, 235-236, 471 N.E.2d 47 (1984) (addressing conditional privilege at motion to dismiss stage). Where the allegations of the complaint establish a privilege, dismissal is proper. See Sullivan, 101 Mass. App. Ct. at 777-779, 196 N.E.3d 760. 19. As alleged, Sabatini shared the text messages with Whitehead during its investigation, but Whitehead and Lehmann did not discipline Knouse for sending them. 20. \u201cThe term \u2018sexual harassment\u2019 means any sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: -- (i) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of the provision of the benefits, privileges or placement services or as a basis for the evaluation of academic achievement; or (ii) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's education by creating an intimidating, hostile, humiliating or sexually offensive educational environment.\u201d G. L. c. 151C, \u00a7 1 (e). 21. The defendants\u2019 requests for attorney's fees are denied. D'ANGELO, J. Was this helpful? 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All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > | Manage Preferences >", "8841_102.pdf": "biologist accused of sexual harassment resigns ( harassment-resigns/) merican biologist David Sabatini, renowned for his contributions to studies of cell signaling and cancer metabolism, resigned from his position as a professor at the Massachusetts Institute of Technology (MIT) amid allegations of sexual harassment and misconduct. The 54-year-old scientist submitted his resignation before he could be fired. In March, an committee recommended that Sabatini be dismissed from the institution because he had become sexually involved with a colleague over whom he held a career-influencing role, in violation of university policy President Leo Rafael Reif explained in an email sent to staff at the institution that \u201cProfessor Sabatini behaved in ways incompatible with the responsibilities of faculty membership\u201d and violated MIT\u2019s internal policy that prohibits consensual sexual or romantic relationships in the workplace. In August 2021, the biologist was fired from the Howard Hughes Medical Institute (HHMI) and forced to leave the laboratory he led at the Whitehead Institute, a biomedical research center in Cambridge that has ties to both the and MIT. He had been on administrative leave from his position as professor at ever since, until offering his resignation. The case is still to be resolved in court. In October, Sabatini sued the Whitehead Institute\u2019s director Ruth Lehmann and the colleague who accused him of harassment, whose identity was not revealed, for defamation. He claims that the accusation is a sham and that the colleague wants to \u201cpunish an ex-lover.\u201d He states that the personal and financial damage caused by the allegation has impacted his mental health to the point that he was advised not to live alone and to be monitored by friends and family. Two months later, his accuser filed a counter suit against him, claiming that she was coerced into having sex with him and that the laboratory environment where they both worked was \u201ctoxic and sexually charged.\u201d According to the journal Science, Nancy Hopkins, a professor emeritus of biology at who helped push for gender equality at the institution\u2019s faculty in the 1990s, called Sabatini\u2019s resignation a \u201cmilestone young woman had the courage to demand that the rules be enforced. And she was heard.\u201d In the early 1990s, when he was a PhD student at the Johns Hopkins Medical School and working in the laboratory of neuroscientist Solomon Halbert Snyder, David Sabatini was one of the discoverers of mTOR, a mammalian version of a protein first found in yeast, which plays a central role in cell growth, proliferation, and maintenance. It had been one of his key research topics ever since.", "8841_103.pdf": "David Sabatini/courtesy of Whitehead Institute The counterclaim by an alleged victim of professor David Sabatini said she was coerced into sex and that Sabatini\u2019s laboratory had a \u201ctoxic and sexually charged\u201d environment. David Sabatini pictured above. (Whitehead Institute) In August 2021, David Sabatini, M.D., Ph.D., a cell biologist at the Howard Hughes Medical Institute and the Whitehead Institute for Biomedical Research, part of the Massachusetts Institutes of Technology (MIT), was fired for sexual harassment of at least two women. Per an email posted on Twitter that was purported to be sent to Whitehead staff from the institute\u2019s director Ruth Lehmann, News Policy Alleged Sabatini Sexual Harassment Victim Files Countersuit December 8, 2021 | 3 min read | Mark Terry a legal investigation \u201cfound that Dr. Sabatini violated the Institute\u2019s policies on sexual harassment among other policies unrelated to research misconduct.\u201d Sabatini sued, claiming he was the victim of false claims made to \u201cexact revenge against a former lover.\u201d One of the women, who has not been identified, filed a counterclaim yesterday in Middlesex Superior Court against Sabatini. The counterclaim alleged Sabatini coerced the woman into sex and that his laboratory had a \u201ctoxic and sexually charged\u201d environment. Sabatini is best known for discovering mTOR kinase, a master regulator of protein translation, cell growth, and proliferation, and associated signaling pathway. He discovered it as a graduate student in the 1990s. Sabatini\u2019s attorneys stated, \u201cDavid Sabatini, the actual scientist, colleague, manager and mentor, bears no resemblance to the person described in the recently filed counterclaim, and that will become clear as this case progresses.\u201d In Sabatini\u2019s lawsuit filed in October, he claimed the sexual relationship was consensual but ended in 2019. He had told her \u201con multiple occasions that he did not want a long-term relationship.\u201d According to the suit, the woman continued to pursue him and \u201cfabricated claims that Dr. Sabatini had sexually harassed her (when in fact the exact opposite was the case).\u201d Court documents filed by Sabatini\u2019s attorneys alleged the Whitehead Institute conducted a \u201csham\u201d investigation where the investigators \u201cspent literally hours attempting to elicit unflattering information about Dr. Sabatini while their descriptions of what lab culture was really like were ignored.\u201d In the most recent counterclaim, the woman alleges that Sabatini \u201cgroomed\u201d her \u201cwhile she was a graduate student under his mentorship, inviting her to social events at his lab where alcohol flowed freely\u201d and where the talk was \u201c85% sexual [and] 15% science.\u201d According to her claims, Sabatini asked her earlier whether she was \u201cfun\u201d and sexually available. In at least one part of the lawsuit, Sabatini allegedly pursued an ungraduated who worked in his laboratory, suggesting he pay for airfare and a hotel so she could spend time with him while he traveled overseas. In a meeting with yet another young woman, the suit alleges Sabatini told her he wanted to work on \u201ca project trying to figure out why pubic hair is the length that it is.\u201d The woman\u2019s lawsuit claims that, in 2018, after he invited her to Washington, DC, to meet colleagues, he coerced her into sex, proposing casual sex and attempting to dismiss her concerns about his control over her career. \u201cIn the end,\u201d the lawsuit states, \u201calthough she never consented, he had his way.\u201d The lawsuit alleges Sabatini demanded sex more than 10 times in 2018 and 2019, often via obscene text messages. She eventually left the Whitehead Fellow Program two years early to get away from him. An investigation into sexual harassment conducted by the new director of the Whitehead Institute in 2020 led to Sabatini\u2019s laboratory. Sabatini allegedly questioned his employees and fellows on their survey results and threatened not to raise the issue. In April 2020, the woman who has filed the countersuit told the Whitehead investigators about Sabatini and he retaliated, claiming she pursued him sexually. When he rejected her, she began a vendetta against him. The lawsuit includes allegations against Sabatini of sexual harassment, retaliation, a hostile work environment, assault and battery, interference with her career, and intentionally inflicting emotional distress. 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We provide essential insights, opportunities and tools to connect innovative organizations and talented professionals who advance health and quality of life across the globe News Insights Jobs Career Advice About BioSpace Editorial Join Our Team Support \u00b7 \u00b7 \u00b7 \u00b7 Newsletters Podcasts Webinars Reports Companies NextGen: Top Start Ups To Watch Best Places to Work Hotbeds Terms & Conditions Privacy Policy Employer Login Employer Resources Post Jobs Talent Solutions Advertise Submit a Press Release Feeds \u00a9 1985 - 2025 BioSpace.com. All rights reserved.", "8841_104.pdf": "Bill Ackman announces foundation funding for controversial ousted and Whitehead Institute scientist By Lauren del Valle 12 minute read \u00b7 Published 12:46 EST, Sun February 12, 2023 decorated but controversial biologist ousted for alleged sexual misconduct from the MIT-affiliated Whitehead Institute is getting new funding with help from billionaire hedge fund manager Bill Ackman. Dr. David Sabatini, best known for scientific discoveries in cell biology related to mTOR, a protein that helps regulate cell functions, resigned from the Whitehead Institute in August 2021 after an independent investigation found that he violated Whitehead\u2019s anti-harassment policies. Sabatini ran a lab at the Whitehead Institute for more than two decades, and the report faulted him in part for the lab culture he created, and for engaging in a sexual relationship with a Whitehead fellow he mentored David Sabatini sits on his doorstep at his home in Cambridge, Massachusetts, on September 29, 2022. Craig F. Walker/Boston Globe/Getty Images Whitehead fellow he mentored. When he was pushed out of Whitehead, the Howard Hughes Medical Institute rejected his resignation opting to terminate his employment as a principal investigator, and MIT, where he\u2019d been a tenured professor, put him on an unpaid leave of absence. Sabatini, who has denied claims against him and maintained the sexual relationship with his mentee was consensual and is suing her for defamation, will again have the opportunity to run a research lab through a $25 million grant funded by Ackman\u2019s Pershing Square Foundation and an anonymous donor. \u201cI\u2019d never had an issue from HR, right never came and said \u2018there\u2019s a complaint against you,\u2019\u201d Sabatini told about the time prior to the Whitehead investigation. \u201cOne thing that wanted to be was always better and mean, the irony of the situation is actually think was not only doing my best science, but also think was being the best mentor had been when all this happened.\u201d The funding announcement unfolded publicly on the heels of a Boston Globe Spotlight two-part report detailing a monthslong investigation into the allegations against Sabatini published in late January. Ackman said in a tweet that his foundation was looking to secure funding partners to support a new Sabatini lab, linking to the Spotlight team\u2019s story that Ackman called an accurate and balanced portrayal of the facts. Two days later, the activist investor publicly announced he\u2019d secured funding from a donor but declined to say who. Bill Ackman @BillAckman \u00b7 Follow am pleased to announce that last night at @PershingSqFdn scientific advisors dinner, we announced that we found a 50% funding partner for the new Sabatini lab.The new lab now has $5m of funding per year for five years. David is now making launch preparations for the lab. Allez! 4:05 \u00b7 Feb 2, 2023 Bill Ackman is pictured on October 17, 2017. Patrick T. Fallon/Bloomberg/Getty Images 549 Reply Copy link Read 90 replies representative for Ackman declined to comment further on how the funding came about or reveal the anonymous donor. Ackman has publicly maintained his support for Sabatini through the scandal and political backlash since the scientist\u2019s ouster in 2021. Sabatini has been a member of the scientific advisory council for Ackman\u2019s Pershing Square Sohn Cancer Research Alliance since 2019, a board that reviews research proposals for grant awards. It\u2019s the only board he wasn\u2019t removed from amid the controversy, according to Sabatini who was stripped of millions of dollars in research grants and esteemed positions when the Whitehead allegations became public. The funding decision for the new lab was primarily made by Ackman and his wife, Neri Oxman, with the Pershing Square Foundation trustees separate from the scientific advisory board, Ackman also said on Twitter. The logistics for the future lab and research plans aren\u2019t ironed out, Sabatini told CNN, but the scientist hopes to continue his work in basic science exploratory research and would do so in Boston if he has his druthers. Canceled by Academia Whether a university will be willing to host a Sabatini lab remains to be seen. Several researchers in the field said it poses a challenge but not an impossibility to start a lab without the built-in resources of an established research institution. Sabatini resigned from thinking he\u2019d lined up another faculty position at the Grossman School of Medicine only for that to fall through in the spring of 2022, he said President Rafael Reif released a statement at the time of his resignation saying that an review concluded that Sabatini violated MIT\u2019s Consensual Sexual or Romantic Relationships in the Workplace or Academic Environment policy and his tenure should be revoked.fi \u201cSpecifically, the reviewers found Professor Sabatini engaged in a sexual relationship with a person over whom he held a career- influencing role, he did not disclose the relationship at any time to his supervisors, and he failed to take any steps to relinquish his mentoring and career-influencing roles, as the policy requires. The Committee also had significant concerns regarding his unprofessional behavior toward some lab members,\u201d Reif said in the statement. Sabatini opted not to request an appeal process that would initiate a faculty committee review of the recommendation to revoke tenure and report their findings and recommendation, Reif wrote Grossman School of Medicine administrators discretely vetted Sabatini for a position in the spring of 2022 but ultimately didn\u2019t hire him amid loud pushback. Soon after the faculty position leaked in an industry publication students and faculty staged a walkout protest and hundreds signed an open letter imploring the administration not to bring Sabatini to campus. The medical school then released a statement that it had been determined that \u201cit will not be possible\u201d for Sabatini to join the faculty. The debate over the allegations and the institutions\u2019 handling of the situation has played out publicly among the niche science community on Twitter group of Sabatini\u2019s former lab members wrote an anonymous letter in support of their mentor hoping it might help persuade to take him on. The group of 45 alumni whose time in Sabatini\u2019s lab spanned the lab\u2019s 24 years expressed their dismay and surprise at the allegations against Sabatini. \u201cWe cherished our time in this unique environment, and this is evidenced by the fact that our colleagues from our times in David\u2019s lab have become our professional and personal family in many ways. With this letter, we wish to affirm that we never experienced or observed an abusive lab culture or a sexualized lab environment, and we did not witness sexual harassment,\u201d the anonymous letter said New York University flag is pictured on campus. Seth Wenig The Massachusetts Institute of Technology Whitehead Institute. Erin Clark/Boston Globe/Getty Images The allegations Soon after her arrival at Whitehead in 2020, the newly appointed Director Dr. Ruth Lehmann commissioned an institute-wide Diversity Equity and Inclusion (DEI) Assessment. The anonymous survey yielded responses from male and female scientists alleging workplace misconduct by Sabatini and some of his lab members. The findings were presented in March 2021 and Sabatini was confronted with the pointed allegations and the reality that the next step would be an independent investigation into him and his lab focus on improving workplace environments and weeding out sexual harassment was happening at institutions around the country at this point after a mandate from a major government grant source, the National Institutes of Health (NIH), to \u201cdevelop and implement policies and practices that foster a harassment-free environment\u201d or risk losing funding. Lehmann contracted an independent law firm that ultimately produced a 248-page report after a five-month investigation in which investigators said they substantiated claims made against Sabatini in the anonymous survey. The confidential report was never officially released in full, but pieces have surfaced since Sabatini exited. Whitehead continues to fight to keep it sealed in active litigation with Sabatini, though an annotated version was leaked by an anonymous supporter of his on Twitter. \u201cSabatini created a lab culture in which fear of retaliation by Sabatini was pervasive and reinforced by Sabatini\u2019s explicit threats to withdraw support of lab members whom he reinforced by Sabatini s explicit threats to withdraw support of lab members whom he suspected had reported or discussed him or his lab outside the lab,\u201d the report\u2019s executive summary stated according to a court filing. \u201cSabatini violated Whitehead\u2019s Anti-Harassment Policies by, notwithstanding his denials, engaging in inappropriate, sexist and sexualized discussions with lab members, which had the effect of creating a lab environment where sexual banter was rewarded former male lab member that helped organize the supportive alumni letter said the assertion that Sabatini\u2019s lab had a sexually charged culture was a mischaracterization mischaracterization of an informal workplace that is populated by people with MDs and PhDs who are in their 20s and 30s who are, you know, underpaid and together long hours and it\u2019s just not a viper pit of sexual harassment the way that the Whitehead statement made it sound,\u201d he said. The lab member did acknowledge that the dynamic of spending free time socializing with colleagues often involving alcohol common in rigorous research environments can create an environment where the lines of professionalism blur think it does create a gray area that academia is understandably grappling with right now,\u201d he said. \u201cBecause you\u2019re working on something you\u2019re very dedicated to and a lot of your social time ends up being your work time.\u201d The report also concluded, \u201cSabatini\u2019s commendation of and affinity for outspoken scientists and his pressure to put science above all else creates two unique structural barriers in his lab that disproportionately disadvantages female lab members.\u201d In interviews with CNN, several former female lab members expressed that their personal experiences in Sabatini\u2019s lab were positive and career-boosting. They never felt uncomfortable in the lab, they said. Nada Kalaany, an associate professor of pediatrics at Harvard Medical School who worked in the Sabatini lab from 2005 to 2010, said she personally enjoyed her time there and never witnessed a sexualized lab dynamic. Kalaany, who was one of the only female postdoctoral fellows in the lab at the time, said she was especially struck by Sabatini\u2019s support during her pregnancies of her two children while working there. She also spoke of the friendships and career experiences she attributes to Sabatini\u2019s lab. \u201cHe is laser-focused on the science like he breathes and he eats science. That\u2019s all he can think about. And it\u2019s so inspiring think owe him a lot of what have achieved so far learned a lot in his lab. So the excitement of discoveries and the fact that you can do it while having a nice atmosphere around you and being friendly and collegial.\u201d The report determined that Sabatini and a Whitehead fellow, Dr. Kristin Knouse who reported complaints during the law firm\u2019s investigation, violated the Whitehead policy prohibiting consensual sexual relationships, though it did not make a finding as to whether the relationship was consensual \u2013 a point still being litigated in pending lawsuits between the two. \u201cSabatini improperly leveraged his status as a preeminent senior scientist and senior member of Whitehead to garner favor, and to facilitate a secret sexual relationship with, [Dr. Knouse], his Fellow mentee. Sabatini\u2019s behavior toward [Dr. Knouse] and the relationship that followed, while unknown to lab members or to Whitehead prior to this investigation, violated Whitehead\u2019s Anti- Harassment Policy, its Consensual Sexual and Romantic Relationships Policy, and the spirit of its Employment of Family/Household Members Policy, as then in place,\u201d the report executive summary stated according to a court filing. The investigators said they also substantiated an anecdote first reported anonymously in the survey that Sabatini asked a female lab member if she was having sex with another lab member and to rank male lab members in the order she\u2019d have sex with them. Sabatini told he doesn\u2019t remember his exact phrasing in the conversation but maintained that the report mischaracterized the exchange he understood to be joking banter and denied ever asking the woman to rank anyone. Kathleen Ottina, Sabatini\u2019s former lab manager of over a decade said he would admonish lab members for crude language around her because she expressed her distaste for it, but Ottina also said she felt sexual banter \u201cwasn\u2019t discouraged\u201d generally in the lab. Ottina spoke highly of Sabatini\u2019s intellectual prowess and proven record of helping lab trainees build their careers, but still said she wouldn\u2019t want her own grandchildren to work in his lab. \u201cI\u2019d want them to be in an environment that pushed them that had high expectations that demanded really hard work from them. But wouldn\u2019t want them to be exposed on a regular basis to a culture that was crude and vulgar,\u201d Ottina said. Sabatini pushed back on characterizations that sexism or a sexualized culture was perpetuated in his lab. \u201cWas my lab kind of freewheeling and fun? Yes, you know, was the word retarded used sometimes, yes. That there was sort of outright sexism to people, no, and certainly wouldn\u2019t have tolerated that if that was the case so do resist certainly a locker room atmosphere have tolerated that if that was the case so do resist certainly a locker room atmosphere resist that characterization. Was it light and banter-full and people joked around and made fun of each other sometimes, yes, but in a very mutual kind of way,\u201d Sabatini said of his lab. David Sabatini, pictured on September 29, 2022, said the belongings from his office were dropped off at his home following his departure from MIT. Craig F. Walker/Boston Globe/Getty Images \u201cThe last year and a half for me have been beyond horrible, and would not wish it on my worst enemy and just a simply beyond the horrible situation and as you can imagine think also completely unfair and unfounded,\u201d Sabatini told CNN. Sabatini expressed some regret in a later email to CNN, acknowledging reports about him to an extent have learned from reading the report and recent press articles, that there were a few lab trainees who were unhappy with my interactions with them deeply regret this and would welcome any opportunity to apologize to those impacted never intended to make anyone feel uncomfortable and would never want anyone to feel less than 100% happy in my lab,\u201d Sabatini said in the email. \u201cIf am able to run another lab in the future will be extra vigilant to make sure that all lab members feel welcome and will institute measures to uncover potential issues even if they are not brought to my attention would also be extra careful about the use of language that might, even if unintentionally, make someone feel less appreciated or uncomfortable in the lab prohibited sexual relationship with a fellow Sabatini filed a defamation lawsuit in October 2021 against the Whitehead Institute, its director and Dr. Knouse. Dr. Knouse filed a counterclaim against Sabatini for sexual harassment and retaliation months later. Knouse was a graduate student then Whitehead Fellow in 2018 and 2019 at the time of sexual relationship. Sabatini recommended her for the fellowship program and officially mentored at the Whitehead Institute, She\u2019s accused Sabatini of coercing her into a sexual relationship after grooming her for years as she pursued her MD/PhD in the Harvard program. Knouse\u2019s name was not released as part of the investigation when she filed her complaints at Whitehead and her identity was not made public in connection to the allegations before Sabatini filed the litigation against her. Sabatini maintains that the sexual relationship was consensual and in his lawsuit has argued Knouse wanted to punish his ex-lover and so fabricated complaints she brought to Whitehead Director Lehmann, spurring a coordinated effort to remove him from his position. Knouse and her attorney declined to comment on the record to for this story. The litigation is ongoing. The independent report pointedly said it did not aim to determine whether the sexual relationship confirmed by Sabatini and Knouse was consensual. Regardless, the ban on workplace sexual relationships was a policy in place at and Whitehead at the time and remains in effect. Retired professor and longtime gender equity advocate Nancy Hopkins recalled the unwelcoming environment female scientists endured in academia throughout her career since the 1960s. \u201cAnd what we\u2019re seeing believe, is the evolution of these rules.\u201d Hopkins, whose personal experiences have fueled her advocacy, said stricter policies are one way institutions have tried to tamp down systemic issues like gender inequality. \u201cHow are you going make change if you don\u2019t follow the rules that were written to make change,\u201d Hopkins opined. 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7,892 | Joshua Smith | Washington University – St. Louis | [
"7892_101.pdf",
"7892_102.pdf",
"7892_101.pdf",
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] | {"7892_101.pdf": "Student Life Archives Articles from 2001 \u2013 2008, Funcooker, ekphrasis, sportslog, Nettatea, and Opine. Advertisement Advertisement \u00ab Football looks to get back on track Ani Difranco: \u2018Reprieve\u2019 \u00bb Professor resigns amidst sexual misconduct allegations Laura Geggel Courtesy of Tom Evans Earth and Planetary Sciences Assistant Professor Joshua Smith resigned abruptly in August after allegations of two sexually inappropriate relationships came to the attention of the administration. This information was confirmed by a professor close to the situation, who was granted anonymity to ensure job security. The same professor confirmed additional allegations that Smith continued having inappropriate relations with two female students as recently as this past summer. Both Smith and Washington University have remained largely silent on the matter, with Smith declining multiple requests for comment and the University issuing a vague acknowledgment of his departure. Smith\u2019s wife also declined comment. During his four years at Washington University, Smith allegedly groped students under his authority on more than one occasion. When asked for comment, the University issued a statement acknowledging that it \u201creceived information this summer that was discussed with Professor Smith. Shortly after that discussion, Smith resigned and is no longer affiliated with the University.\u201d The statement further conveyed that the University follows procedures for receiving and investigating complaints. The statement can be read in its entirety on page 5. Details concerning resignations are confidential, and the University and the Earth and Planetary Sciences (EPS) department, including Ray Arvidson, the department head, have declined further comment concerning Smith\u2019s behavior. Undergraduates were not notified about the resignation and the majority of the faculty are unclear about the full reasons behind Smith\u2019s departure. Smith, 36, is nationally-known for his 2000 discovery of a new dinosaur species, called Paralititan stromeri. Smith uncovered the fossil, the second most massive dinosaur ever found, while working alongside colleagues from the University of Pennsylvania, his alma mater. An documentary, \u201cThe Lost Dinosaurs of Egypt,\u201d featured Smith and aired in 2002. That same year Smith and his fellow paleontologists wrote a book with an identical title. Washington University subsequently hired Smith that fall. He has become widely-known on campus for his \u201cDinosaurs: \u2018Facts\u2019 & Fictions\u201d class. Professor Emeritus Harold Levin is teaching Smith\u2019s dinosaur class this semester. Upon being hired, all faculty members receive a booklet on policies such as how to achieve tenure, what constitutes a legal, consensual faculty-student relationship and how to recognize sexual harassment. According to the handbook, \u201cSexual harassment is defined as any unwelcome sexual advance, request for sexual favor or other unwelcome verbal or physical conduct of a sexual nature, whether committed on or off campus.\u201d The University\u2019s policy on consensual faculty-student relationships prohibits sexual relationships between students and faculty members who exercise authority over them. Alleged assault in summer 2003 The first alleged assault occurred just before the 2003 school year. Smith met Julia Heathcote, a British student aiming for a doctorate in earth and planetary sciences, in Norman, Okla. at a 2002 conference in vertebrate paleontology. Smith, Heathcote said, encouraged her to apply to the University\u2019s graduate program chose Washington University entirely because of Josh Smith,\u201d she said. \u201cHe seemed really keen to get his program started, so felt happy joining a fledgling research group rather than an established one with all the inflated egos.\u201d Heathcote alleges that she was sexually assaulted by Joshua Smith the following summer when she, Smith and another female graduate student accompanied Smith for a weeklong trip to New England. The trio needed to map out an October fieldtrip for Smith\u2019s Sedimentary Geology class. Students enrolled in the Sedimentary Geology class have \u201cmandatory field trips,\u201d according to the class description. Once funding for the field trip is approved, the sleeping arrangements are left entirely to the discretion of the professor. \u201cWhat they see and how they go about seeing it, that\u2019s up to the individual faculty person,\u201d said Rich Heuermann, an administrative officer in EPS, who added that the and sometimes the lab administrator will accompany the class on the fieldtrip. Smith, Heathcote and the other graduate student shared a hotel room with two beds for the entire week in New England. \u201cIt was awkward,\u201d Heathcote, 26, said. On the last night of their trip, Joshua Smith took the two female graduate students out drinking. Heathcote said that Smith pressured her to imbibe multiple alcoholic drinks in a way she felt she could not refuse. The alleged assault occurred after they retired for the night, Heathcote said. The other student passed out on Smith\u2019s bed and Heathcote lay down on the other bed. But then, Heathcote said, \u201che jumped on top of me and started just groping and clawing at me was too drunk to know really what could happen at that point, but was sober enough to know had to get him off me. \u201cHe had unfortunately pinned down both my arms and legs. He was good. He knew how to stop me from fighting back did eventually manage to get a hand free.and he climbed off me.\u201d The other graduate student refused to comment on the matter. Upon their return to St. Louis, Heathcote said, \u201cHe completely ignored me. And that was how it turned out being for most of the year.\u201d Alleged inappropriate behavior continues Another former graduate student of Smith\u2019s witnessed further inappropriate behavior between Smith and his students. This student was granted anonymity because he is wary of estrangement from the relatively small paleontology community. During the October 2003 field trip that Smith had planned with Heathcote and the other graduate student, the anonymous student witnessed Smith behaving inappropriately and groping undergraduate women. \u201cHe wound up having a tickle fight in bed with three or four undergraduate girls who were all wearing pajamas,\u201d the student said. During the day \u201cthey were wrestling each other and throwing each other down on the dirt when they were supposed to be looking at rocks and measuring things.\u201d In addition to these accusations, Heathcote and the anonymous student said that Smith emotionally abused and belittled them and other students. He said, \u201cwe didn\u2019t deserve to be at Washington University. He had fought hard to get us in, had to argue our cases with each of the other members of the faculty, so we owed him. And if he caught wind of any of us complaining, there would be trouble. And if we went to any other of the faculty members and complained about anything he did, they would gang up against us,\u201d recounted Heathcote. Both Heathcote and the anonymous student reported Smith telling them that other faculty members disliked them. \u201cHe told us our grades hadn\u2019t been good enough and our hadn\u2019t been good and he\u2019d had to fight for us. It really made us feel like we couldn\u2019t talk to or trust anyone else. He was the one who advised us so we didn\u2019t really have a faculty person to go to because Josh would have been that person,\u201d said the anonymous student different viewpoint Tom Evans, another first-year graduate student of Smith\u2019s during the 2003-2004 school year, said that he did not notice any inappropriate behavior from his advisor. Evans described Smith as, \u201cone of the few faculty members who actually talked to the grad students,\u201d and added that Smith was a very amicable younger assistant professor. \u201cHe has an aggressive way of running a lab where, if he disagrees with you, he\u2019s going to take the offensive. He\u2019s got the sort of mentality that if you tear apart something and it stands up to the pressure, then it\u2019s going to be a good product,\u201d said Evans. Evans also noted that Smith frequently had his own room or tent on field trips. The Investigation Heathcote reported the alleged sexual assault to the University in spring 2004. She first met with Hugh Macdonald, the Avis H. Blewett professor of music, a meeting which he confirmed to Student Life in an e-mail. Heathcote said she felt more comfortable with Macdonald because he, like her, is British. Macdonald encouraged her to report Smith to Robert Thach, dean of the Graduate School of Arts & Sciences. She soon e-mailed Macdonald back saying that she had spoken both with Thach and Nancy Pope, associate dean of the Arts & Sciences Graduate School. Heathcote testified against Joshua Smith in the investigation that followed. Several graduate students, including the anonymous student, gave testimony and provided e-mail interactions they had collected from Smith. Heathcote stayed under Smith\u2019s academic authority as the University investigated his conduct. Although Smith allegedly knew about Heathcote\u2019s complaint, the other testifying students were meant to remain unnamed until Smith had turned in their grades. But Smith discovered their identities before grade completion at an meeting. Throughout the inquiry into Smith\u2019s behavior, \u201cwe were still taking a class from Josh and getting a research credit from Josh,\u201d said the anonymous student. Heathcote couldn\u2019t believe that allowed Smith to grade her paper after the department had learned of the alleged assault. When Ray Arvidson department head, e-mailed Heathcote her final grade after the investigation ended, he wrote that he had helped Smith grade her paper to make sure it, \u201cwas examined fairly and thoroughly,\u201d and forwarded her an analysis Smith had sent him on her paper. But Heathcote continued to worry despite Arvidson\u2019s reassurance as Arvidson\u2019s expertise does not lie in her area of research. Heathcote sent an e-mail to Dean Thach, a copy of which she saved and sent to Student Life, stating am therefore deeply disturbed to discover that, contrary to Ray\u2019s assurances, Josh marked my paper. Had any other member of the department marked this paper, and indeed graded it higher or lower than Josh has would have accepted the grade. However, because of what has occurred simply cannot trust any grade assigned to my work by Josh.\u201d Thach responded on Aug. 10, 2004 and wrote, \u201cWith regard to current matters here, all can legally do is to assure you that appropriate actions have been taken under the circumstances, and that the situation continues to be monitored. As to your paper have talked to Ray Arvidson and concluded that he acted in good faith.\u201d By that time there was little Heathcote could do regarding her paper\u2019s grade. The University had concluded the investigation and allowed Smith to keep his job. \u201cWhat we were told was that they took the case to the lawyers and the lawyers said they didn\u2019t have enough evidence; it was basically \u2018he said, she said.\u2019 They didn\u2019t have enough evidence to withstand a legal challenge,\u201d the anonymous student explained. The anonymous student soon transferred to another university. Heathcote dropped out in May 2004 and the University paid for her plane ticket back to England. \u201cJulia wanted to leave. We offered her a number of ways to stay; we were delighted to have her as a student in the University,\u201d said Dean Nancy Pope. But, \u201cbecause she wanted to go, we helped her go.\u201d Pope added that paying for Heathcote\u2019s ticket does not set a precedent for how to handle similar cases. \u201cThe University does different things for different students in different circumstances,\u201d said Pope. Meanwhile, Smith\u2019s inappropriate conduct reportedly continued with other students, as confirmed by the anonymous professor. It is unknown if the University carried out a similar investigation into Smith\u2019s more recent behavior. The University would not comment on any measures it took to monitor Smith after the 2004 investigation and Student Life is unaware of the specifics of Smith\u2019s latest alleged behavior regarding the two additional inappropriate relationships with female students. The professor who confirmed the latter two relationships also verified the occurrence of the 2004 investigation into Smith\u2019s assault on Heathcote. \u201cThis wasn\u2019t out of the blue,\u201d the professor said of Smith\u2019s two more recent relationships. Smith\u2019s whereabouts are currently unknown. \uf185 Post Views: 301 This entry was posted on Monday, October 9th, 2006 at 12:00 pm and is filed under News. You can follow any responses to this entry through the 2.0 feed. You can leave a response, or trackback from your own site. Advertisement Advertisement Leave a Reply Name (required) Mail (will not be published) (required) Submit Comment Student Life is the independent student newspaper of Washington University in St. Louis. Keep in touch by subscribing to an feed of our stories or an feed of our comments. Privacy Policy | Comments Policy | Web Policy", "7892_102.pdf": "V. STATE. Smith v. State. (2017) Court of Appeals of Georgia. Smith v. State. A16A2120 Decided: March 01, 2017 Falen O'Neal Cox, for Appellant. Margaret Heap, Jennifer Parker Guyer, for Appellee. In this interlocutory appeal, Joshua Smith appeals the trial court's denial of his general and special demurrers to the charged offenses of criminal attempt to entice a child for indecent purposes (\u201cattempted-enticement\u201d) and child pornography. As to the attempted-enticement offense, Smith argues that the trial court erred because the indictment failed to allege a violation of Georgia law and there was a fatal variance between the charged offense and the language of the indictment. As to the child- pornography offense, Smith maintains that the trial court erred because this count was predicated on the deficient attempted-enticement count and the indictment failed to specify the conduct that is alleged to be, by its nature, an unlawful sexual offense against a child. For the reasons set forth infra, we affirm in part and reverse in part. Although our decision turns solely on the language of the indictment, a summary of the background underlying the case is helpful to provide context for this appeal. Specifically, the record shows that on March 14, 2015, law-enforcement officers with the Pooler Police Department, along with agents from the Federal Bureau of Investigation, obtained several rooms at a local motel. After doing so, they placed an advertisement on the Internet indicating that there was a female alone in one of the rooms and provided an undercover officer's phone number. Shortly thereafter, the officer began receiving responses via text message, and he informed one individual\u2014later identified as Smith\u2014that the female referenced in the advertisement was under the age of 16. Smith then exchanged messages of a sexual nature with the \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs officer, and eventually, Smith agreed to come to the room where he believed the minor female would be waiting for him. But when Smith arrived, he encountered law-enforcement officers and was immediately taken into custody. Subsequently, Smith was charged with computer pornography (Count 1), obscene telephone contact with a child (Count 2), and criminal attempt to entice a child for indecent purposes (Count 3).1 Smith then filed a general demurrer, special demurrer, and motion to quash all three counts of indictment. After the State's response and a hearing on the matter, the trial court denied Smith's general and special demurrers as to Counts 1 and 3, but granted his general demurrer as to Count 2. The court also granted Smith a certificate of immediate review, and we then granted his application for an interlocutory appeal. This appeal follows. An accused may challenge the sufficiency of an indictment by filing a general or special demurrer.2 general demurrer challenges \u201cthe sufficiency of the substance of the indictment, whereas a special demurrer challenges the sufficiency of the form of the indictment.\u201d 3 An indictment shall be deemed sufficiently technical and correct to withstand a general demurrer if \u201cit states the offense in the terms and language of this Code or so plainly that the nature of the offense charged may easily be understood by the jury.\u201d 4 In other words, if an accused would be guilty of the crime charged if the facts as alleged in the indictment are taken as true, then the indictment is sufficient to withstand a general demurrer; however, if an accused can admit to all of the facts charged in the indictment and still be innocent of a crime, the indictment is insufficient and is subject to a general demurrer.5 Furthermore, this Court reviews a trial court's ruling on a general or special demurrer de novo in order to determine \u201cwhether the allegations in the indictment are legally sufficient.\u201d 6 With these guiding principles in mind, we will now address Smith's specific claims of error. 1. In two separate enumerations of error, Smith argues that the trial court erred in denying his general demurrer to Count 3 of the indictment because it failed to allege a violation of Georgia law. We disagree. In relevant part, Count 3 of the indictment charged that on or about the 14th day of March, 2015, with the intent to commit the crime of [e]nticing a [c]hild for [i]ndecent [p]urposes, [Smith] did unlawfully perform an act constituting a substantial step toward the commission of said crime, to wit: did unlawfully solicit and entice another person believed by said accused to be a child under 16 years of age, to meet him when he arrived at [a motel] in Pooler, Georgia, and did travel to such motel for the purpose of committing indecent acts and child molestation upon said child \u2024 in violation of Code Section 16-6-5\u2024 And under \u00a7 16-6-5 (a), \u201c[a] person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.\u201d As noted supra, Smith argues that Count 3 of the indictment was insufficient to withstand a general demurrer because it failed to allege a violation of Georgia law. Specifically, Smith contends that the indictment failed to allege a violation of \u00a7 16-6-5 (a) because it charged him with enticing another person who he believed to be under the age of 16, while the language of the statute requires the State to prove that he enticed an actual child victim. This argument is a nonstarter. Smith was not charged with a completed violation of \u00a7 16-6-5 (a), but with having the intent to commit that offense and performing an act that constituted a substantial step toward doing so.7 Thus, although Count 3 was entitled \u201centicing a child for indecent purposes, O.G.G.A. [\u00a7] 16-6-5,\u201d the pertinent question before this Court is whether the indictment was sufficient to allege an attempted violation of \u00a7 16-6-5 (a).8 We agree with Smith that a completed violation of \u00a7 16-6-5 (a) requires that the enticement be of a victim who is an actual child under the age of 16. Indeed, in evaluating any statute, we must \u201cafford the statutory text its plain and ordinary meaning, we must view the statutory text in the context in which it appears, and we must read the statutory text in its most natural and reasonable way, as an ordinary speaker of the English language would.\u201d 9 And \u00a7 16-6-5 (a) undoubtedly requires there to be solicitation or enticement of an actual victim under the age of 16, rather than of someone, as in this case, who the accused merely believed to be a child.10 In fact, not only must there be a child victim for a violation of \u00a7 16-6-5 (a), the statute also includes an asportation element, which requires some movement of that child.11 Thus, the existence of a specific child victim is plainly an essential element that the State must allege to sufficiently charge a defendant with enticement of a child for indecent purposes in violation of \u00a7 16-6-5 (a).12 But again, the indictment here only charged Smith with an attempted violation of \u00a7 16-6-5 (a), and \u201cthe mere fact that [the existence of a child victim] is an element of the completed crime does not mean that it is indispensable in proving criminal attempt.\u201d 13 Instead, the relevant question is whether \u201cthe defendant took a substantial step toward the commission of a crime.\u201d 14 Indeed, we have repeatedly held that a conviction for attempted child molestation\u2014an offense that, to be completed, obviously requires the existence of a child victim 15 \u2014may be sustained \u201cwhen the defendant communicated with an adult whom the defendant believed to be a child under sixteen years old and took substantial steps to meet with that person to engage in sexual activity that would constitute a violation of child molestation.\u201d 16 Similarly, here, the indictment was sufficient to allege an attempted violation of \u00a7 16-6-5 (a) because it alleged that, with intent to entice or solicit a child for indecent purposes, Smith took a substantial step towards the commission of that crime (i.e. engaging in sexually explicit communications with a person who he believed to be under the age of 16, arranging a meeting place, and driving to a motel to meet her).17 Nevertheless, to support his apparent argument that a defendant may never be charged with or convicted of criminal attempt to commit a crime when, under the circumstances, the underlying crime was impossible to complete, Smith relies on this Court's decisions in McIntosh v. State 18 and State v. Harlacher.19 But neither of those cases set forth such a sweeping generalization regarding criminal attempt, and both are easily distinguishable. In McIntosh, unlike this case, we addressed the requirements to sufficiently charge a defendant with a completed crime (forgery), not with criminal attempt to commit that crime. 20 And contrary to Smith's arguments, Harlacher was decided narrowly in the context of an attempted aggravated-assault charge in which the completed offense would have required the defendant, who pointed a handgun at the victim, to have placed that victim in \u201creasonable apprehension of immediately receiving a violent injury.\u201d 21 However, in that case, the victim was unaware that the defendant had brandished a firearm, and our Supreme Court has held that, under those particular circumstances, a defendant may only be charged with and convicted of a misdemeanor\u2014 pointing or aiming a gun at another without legal justification.22 Relying on that precedent, we held that, unless the defendant placed the victim in reasonable apprehension of harm, he could only be charged with the misdemeanor of pointing a firearm, not attempted aggravated assault.23 Moreover, nothing in Harlacher or the Supreme Court cases upon which it relies remotely suggests that a defendant cannot be charged with or convicted of attempting to commit a sex crime against a minor when, as here, the defendant takes a substantial step to commit that crime, but ultimately cannot do so because there is no actual child involved. In fact \u00a7 16-4-4 specifically provides that it is no defense to a charge of criminal attempt that the crime the accused is charged with attempting was, under the attendant circumstances, factually or legally impossible of commission if such crime could have been committed had the attendant circumstances been as the accused believed them to be. And again, this Court, as authorized by \u00a7 16-4-4, has repeatedly upheld convictions for attempted child sex crimes when the alleged victim was actually a law-enforcement officer posing as a minor.24 Thus, the trial court did not err in denying Smith's general demurrer to Count 3 of the indictment. 2. In a similar enumeration of error, Smith also argues that the trial court erred in denying his special demurrer to Count 3 of the indictment because there is a fatal variance between the offense that he is charged with committing and the language of the indictment. Again, we disagree. As explained by our Supreme Court, \u201c[a]n indictment that is not subject to a general demurrer may, however, be subject to a special demurrer, which challenges the specificity of the indictment.\u201d 25 More specifically, [t]he true test of the sufficiency of an indictment to withstand a special demurrer is not whether it could have been made more definite and certain, but whether it contains the elements of the offense intended to be charged, and sufficiently apprises the defendant of what he must be prepared to meet, and, in case any other proceedings are taken against him for a similar offense, whether the record shows with accuracy to what extent he may plead a former acquittal or conviction.26 Furthermore, averments in an indictment \u201cas to the specific manner in which a crime was committed are not mere surplusage, and such averments must be proved as laid, or the failure to prove the same will amount to a fatal variance and a violation of the defendant's right to due process of law.\u201d 27 But here, the sole basis for Smith's cursory argument that there was a fatal variance between the indictment and the charged offense is that the indictment references a violation of \u00a7 16-6-5, while the language of the indictment charges him, in substance, with criminal attempt to commit that offense in violation of \u00a7 16-4-1. But this argument ignores the fact that it is the substantive description of the crime, \u201crather than the description and number of the section under which it appears in the Code [,] which furnishes the criterion for determining whether the indictment is good.\u201d 28 As a result, given our holding in Division 1 supra (i.e., that the language of the indictment was sufficient to allege an attempted violation of \u00a7 16-6-5 (a)), it is immaterial that the indictment failed to specifically reference the criminal-attempt statute.29 3. Next, Smith argues that the trial court erred in denying his general demurrer to Count 1 of the indictment, which charged him with computer pornography, because it was predicated upon the attempted-enticement count discussed supra, as well as other allegations that failed to allege a violation of Georgia law. This claim of error is likewise without merit. Count 1 of the indictment charged Smith with the offense of computer pornography in violation of \u00a7 16-12-100.2 (d) in that, on or about March 14, 2015, he did intentionally and willfully utilize a computer on-line messaging service \u2024 to attempt to seduce, lure and entice another person believed by said accused to be a child under the age of 16 to commit the offenses of [e]nticing a [c]hild for [i]ndecent [p]urposes as described in Code Section 16-6-5 and to engage in conduct that by its nature is an unlawful sexual offense against a child in violation of Code Section 16- 12-100.2\u2024 Without citing to any legal authority (other than the criminal statutes at issue), Smith summarily contends that because \u00a7 16-6-5 does not \u201ccriminalize the conduct at issue\u201d for the reasons given in his previous enumerations of error, the computer-pornography count likewise does not allege a violation of Georgia law. But again, this argument is predicated on the false assumption that Count 3 charged Smith with a completed violation of \u00a7 16-6-5, rather than an attempted violation. And similarly to Count 3, Count 1 of the indictment, which tracked the language in \u00a7 16-12-100.2,30 charged Smith with using an online messaging service in an attempt to entice a child for indecent purposes in violation of \u00a7 16-6-5. Thus, for the same reasons given in Division 1 supra, we reject Smith's argument that Count 1 of the indictment failed to charge a violation of Georgia law. 4. Finally, Smith argues that the trial court erred in denying his special demurrer to the computer- pornography count of the indictment (Count 1) because it failed to specify the conduct that the State alleges is, by its nature, an unlawful offense against a child. We agree. As previously explained, [a]n indictment is sufficient to withstand a special demurrer if it contains the elements of the offense intended to be charged, and sufficiently apprises the defendant of what he must be prepared to meet, and, in case any other proceedings are taken against him for a similar offense, whether the record shows with accuracy to what extent he may plead a former acquittal or conviction.31 Here, as set forth in Division 2, Count 1 of the indictment charged Smith with using a computer- messaging service to attempt to seduce, lure, and entice another person who he believed to be a child under the age of 16 to violate \u00a7 16-6-5 and \u201cto engage in conduct that by its nature is an unlawful sexual offense against a child\u201d in violation of Code Section 16-12-100.2. Relying on the Supreme Court of Georgia's decision in Wetzel v. State,32 Smith contends that when the State charges a violation of \u00a7 16-12-100.2 (d) (1), as here, it is required to \u201cplead that [the accused] utilized a computer to engage in conduct that violates a specific criminal law.\u201d Smith is indeed correct that, in Wetzel, our Supreme Court held, in the context of reviewing a jury instruction, that in order to prove a violation of \u00a7 16-12-100.2 (d) (1), the State is required to \u201cidentify at least some underlying crime.\u201d 33 Specifically, the Wetzel Court held that the trial court erred by instructing the jury that [a] person commits the offense of computer pornography when he intentionally utilizes an electronic device to seduce, solicit, or entice a child or an individual believed by such person to be a child to engage in any conduct that by its nature is an unlawful sexual offense against a child because such an instruction \u201cdid not give the jury any inkling of the underlying offense upon which [that count] was based.\u201d 34 The Court further noted that the indictment also failed to identify the particular \u201cunlawful sexual offense\u201d at issue.35 Under such circumstances, the trial court's instruction on that count \u201cfailed to give the jury proper guidelines for determining guilt or innocence.\u201d 36 Ultimately, in Wetzel, the defendant's conviction on the relevant count was reversed because the Supreme Court held that the erroneous jury instruction combined with the State's misleading closing argument was harmful error.37 Turning to the case sub judice, although Count 1 of the indictment, which alleged a violation of \u00a7 16-12-100.2 (d) (1), specifically identified enticement of a child for indecent purposes \u00a7 16-6-5) as an offense that Smith allegedly attempted to commit, it also generally charged that he used a computer-messaging service to attempt to commit an \u201cunlawful sexual offense.\u201d And while the indictment \u201ctracked the relevant statutory language,\u201d it might also operate to \u201cbestow upon the jury the power to create and then retroactively enforce an \u2018unlawful sexual offense\u2019 based solely on its feelings, or its beliefs regarding how the community would feel, about [Smith's] conduct.\u201d 38 Furthermore, because we are reviewing the indictment on interlocutory appeal, before any trial, we must \u201capply the rule that a defendant who has timely filed a special demurrer is entitled to an indictment perfect in form and in substance.\u201d 39 Thus, applying the analysis in Wetzel, Count 1 of Smith's indictment does not clearly apprise him of all of the alleged criminal conduct that he must defend against at trial, and we are constrained to reverse the trial court's denial of his special demurrer as to Count 1 of the indictment.40 For all of the foregoing reasons, we affirm the trial court's denial of Smith's general and special demurrers to and motion to quash the attempted-enticement count of the indictment (Count 3) and its denial of Smith's general demurrer to the computer-pornography count (Count 1), but we reverse the trial court's denial of Smith's special demurrer to the computer-pornography count. Judgment affirmed in part and reversed in part 1. Although Count 3 of the indictment is entitled \u201centicing a child for indecent purposes, O.G.G.A. [\u00a7] 16-6-5,\u201d the indictment, in substance, charges only that Smith intended to commit that crime and took a \u201csubstantial step\u201d toward doing so. Under such circumstances, we consider Count 3 of the indictment to have charged Smith with criminal attempt to violate \u00a7 16-6-5, rather than with a completed violation of that statute. See \u00a7 16-4-1 person commits the offense of criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime.\u201d); Dennard v. State, 243 Ga. App. 868, 871 (1) (a) (534 SE2d 182) (2000) (\u201c[A] person is guilty of criminal attempt if with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime.\u201d (punctuation omitted)); see also infra note 8. 2. State v. Harlacher, 336 Ga. App. 9, 10 (783 SE2d 411) (2016); accord State v. Corhen, 306 Ga. App. 495, 496 (700 SE2d 912) (2010). 3. Harlacher, 336 Ga. App. at 10 (punctuation omitted); see also Dunbar v. State, 209 Ga. App. 97, 98 (2) (432 SE2d 829) (1993). 4 \u00a7 17-7-54 (a); see also Harlacher, 336 Ga. App. at 10. 5. Corhen, 306 Ga. App. at 497; see also Lowe v. State, 276 Ga. 538, 539 (2) (579 SE2d 728) (2003); Dunbar, 209 Ga. App. at 98 (2). 6. Sallee v. State, 329 Ga. App. 612, 616 (2) (765 SE2d 758) (2014); see also Harlacher, 336 Ga. App. at 10. 7. See supra note 1. 8. See \u00a7 16-4-1 person commits the offense of criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime.\u201d); Morris v. State, 310 Ga. App. 126, 131 (3) (712 SE2d 130) (2011) (\u201cIt is immaterial what the offense is called in the indictment as long as the averments of the presentment are such as to describe an offense against the laws of the State.\u201d (punctuation omitted)); Hill v. State, 257 Ga. App. 82, 84 (1) (570 SE2d 395) (2002) (\u201cIt is the description of the crime, rather than the description and number of the section under which it appears in the Code which furnishes the criterion for determining whether the indictment is good.\u201d (punctuation omitted)). 9. Mathis v. State, 336 Ga. App. 257, 259 (784 SE2d 98) (2016) (punctuation omitted); accord Deal v. Coleman, 294 Ga. 170, 172 (1) (a) (751 SE2d 337) (2013); see also Tibbles v. Teachers Retirement Sys. of Ga., 297 Ga. 557, 558 (775 SE2d 527) (2015 statute draws it meaning, of course, from its text.\u201d (punctuation and citation omitted)). 10. See \u00a7 16-6-5 (a person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.\u201d (emphasis supplied)). 11. See Cimildoro v. State, 259 Ga. 788, 789 (387 SE2d 335) (1990) (\u201cThe offense described in \u00a7 16-6-5, \u2018enticing a child for indecent purposes,\u2019 has been held to include the element of \u2018asportation.\u2019 \u201d); Heard v. State, 317 Ga. App. 663, 665 (731 SE2d 124) (2012) (\u201cThe asportation element of \u00a7 16- 6-5 (a)] is satisfied whether the \u2018taking\u2019 involves physical force, enticement, or persuasion. The concept of asportation relates to movement\u2024\u201d (punctuation and citation omitted)). 12. To the extent that the State, in their cursory brief, suggests that a child victim is not required for a violation of \u00a7 16-6-5 (a), we note that the computer-pornography statute \u00a7 16-12-100.2 (d) (1)), unlike \u00a7 16-6-5 (a), expressly provides that the prohibited online solicitation may be of \u201ca child [or] another person believed by such person to be a child\u2024\u201d (emphasis supplied). And under such circumstances, we must presume that if the General Assembly intended to criminalize under \u00a7 16- 6-5 (a) the solicitation or enticement of another person who is not a child, but is believed by the accused to be a child, for indecent purposes, it certainly knew how to do so. See generally Patterson v. State, 299 Ga. 491, 495 (789 SE2d 175) (2016) (holding that \u00a7 16-5-20 (a) (2) does not require that a defendant intend to place a victim in reasonable apprehension of receiving a violent injury, and noting that the General Assembly certainly knew how to phrase a statute to include such a requirement as shown by its simultaneous enactment of another criminal statute, which included an intent requirement); Fair v. State, 284 Ga. 165, 168 (2) (b) (664 SE2d 227) (2008) (noting that if the General Assembly had intended to require knowledge of the victim's status as a peace officer in order for the aggravated circumstance under \u00a7 17-10-30 (b) (8) to apply, the General Assembly knew how to do so). 13. Dennard, 243 Ga. App. at 871 (1) (a) (punctuation omitted); see English v. State, 301 Ga. App. 842, 843 (689 SE2d 130) (2010) (\u201cThe \u2018substantial\u2019 step requirement [under the criminal-attempt statute] shifts the emphasis from what remains to be done to what the actor has already done. The fact that further steps must be taken before the crime can be completed does not preclude such a finding that the steps already undertaken are substantial.\u201d (punctuation omitted)). 14. Dennard, 243 Ga. App. at 871 (1) (a) (punctuation omitted); accord Massey v. State, 267 Ga. App. 482, 483 (600 SE2d 437) (2004). 15. See \u00a7 16-6-4 (a person commits the offense of child molestation when such person: (1) Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person; or (2) By means of an electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.\u201d (emphasis supplied)). 16. Lopez v. State, 326 Ga. App. 770, 774 (1) (b) (757 SE2d 436) (2014); see Brown v. State, 321 Ga. App. 798, 800 (1) (743 SE2d 474) (2013) (holding that evidence that a defendant engaged in sexually explicit online communications with a law-enforcement officer posing as a 15-year-old girl and went to an arranged meeting place was sufficient to sustain a conviction for attempted child molestation, and noting that the fact that the 15-year-old did not actually exist did not preclude a conviction for attempted child molestation); Logan v. State, 309 Ga. App. 95, 99-100 (2) (a) (709 SE2d 302) (2011) (holding that evidence that the defendant, via electronic communications, asked law-enforcement officer posing as 14-year-old girl to engage in sexual intercourse and oral sodomy, and then carried a condom to an arranged meeting place, was sufficient to show that defendant took a substantial step toward committing child molestation and aggravated child molestation); Smith v. State, 306 Ga. App. 301, 302 (1) (702 SE2d 211) (2010) (holding that evidence that the defendant engaged in sexually explicit online conversations with an adult posing as a 15-year-old girl, drove to an arranged meeting place, and then fled from law-enforcement officers who were waiting at that place, was sufficient to sustain his conviction for attempted child molestation). 17. See Castaneira v. State, 321 Ga. App. 418, 423-24 (2) (740 SE2d 400) (2013) (affirming convictions for criminal attempt to commit child molestation and criminal attempt to entice a child for indecent purposes when there was evidence that the defendant took substantial steps to commit those crimes by communicating with and arranging to meet a police detective who the defendant believed to be a 15- year-old girl); Adams v. State, 312 Ga. App. 570, 570-71, 577 (3) (a) (718 SE2d 899) (2011) (holding that the evidence was sufficient to support a conviction for attempted enticement of a child for indecent purposes when the defendant exchanged sexual messages with a police investigator who claimed to be a 14-year-old girl and drove to a park where he had arranged to meet her). 18. 23 Ga. App. 513 (98 555) (1919). 19. 336 Ga. App. 9 (783 SE2d 411) (2016). 20. See generally McIntosh, 23 Ga. App. 513. 21. See Harlacher, 336 Ga. App. at 12-13 (punctuation omitted). 22. See Rhodes v. State, 257 Ga. 368, 370 (5) (359 SE2d 670) (1987); Manzano v. State, 282 Ga. 557, 558-59 (2) (651 SE2d 661) (2007); see also Harlacher, 336 Ga. App. at 12-13 \u00a7 16-11-102 person is guilty of a misdemeanor when he intentionally and without legal justification points or aims a gun or pistol at another, whether the gun or pistol is loaded or unloaded.\u201d). 23. See Harlacher, 336 Ga. App. at 12-13. 24. See supra notes 16 and 17. We note that this Court has also held that an indictment was sufficient to allege criminal attempt to commit a crime in other contexts when it was not possible for the accused to complete that crime. See, e.g., Davis v. State, 281 Ga. App. 855, 857-59 (1) (637 SE2d 431) (2006) (holding that the indictment was sufficient to charge criminal attempt to purchase cocaine when the \u201cbuyer\u201d was a confidential informant and there was no actual cocaine involved). 25. State v. Wyatt, 295 Ga. 257, 260 (2) (759 SE2d 500) (2014). 26. Id. (punctuation omitted). 27. New v. State, 327 Ga. App. 87, 102 (3) (e) (755 SE2d 568) (2014) (punctuation omitted); accord Clemens v. State, 318 Ga. App. 16, 19-20 (2) (733 SE2d 67) (2012). 28. Nye v. State, 279 Ga. App. 347, 348-49 (2) (631 SE2d 386) (2006); accord Hill, 257 Ga. App. at 84 (1). 29. See Schaff v. State, 275 Ga. App. 642, 643 (2) (b) (621 SE2d 595) (2005) (holding that \u201calthough the accusation did not cite a particular ordinance or statute, it is clear from the language in each of the charges that [the defendant] was accused of violating county ordinances\u201d); Hill, 257 Ga. App. at 84 (1) (holding that the indictment sufficiently described the charges against the defendant and the State was not required to specify the statute that the defendant allegedly violated). 30. See \u00a7 16-12-100.2 (d) (1) (\u201cIt shall be unlawful for any person intentionally or willfully to utilize a computer wireless service or Internet service, including, but not limited to, a local bulletin board service, Internet chat room, e-mail, instant messaging service, or other electronic device, to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child [or] another person believed by such person to be a child \u2024 to commit any illegal act by, with, or against a child as described in Code Section 16-6-2, relating to \u2024 Section 16-6-5, relating to the offense of enticing a child for indecent purposes \u2024 or to engage in any conduct that by its nature is an unlawful sexual offense against a child.\u201d (emphasis supplied)); see also Coleman v. State, 318 Ga. App. 478, 480-81 (1) (735 SE2d 788) (2012) (holding that the indictment was sufficient to charge attempted burglary when it tracked the applicable statute and apprised the defendant of both the crime and the manner in which it was alleged to have been committed); Davis, 281 Ga. App. at 859 (1) (holding that an indictment was sufficient to charge the defendant with attempting to traffic in cocaine when it \u201ctrack[ed] the applicable statutes in a manner that is easily understood, and it apprised [defendant] of both the crime and the manner in which it was alleged to have been committed\u201d). 31. Sallee, 329 Ga. App. at 616 (2) (punctuation omitted). 32. 298 Ga. 20 (779 SE2d 263) (2015). 33. Id. at 26 (2) (b). 34. Id. 35. See id. 36. Id. at 26-27 (2) (b) (punctuation omitted). 37. See id. at 27 (2) (b). 38. Id. 39. See Dennard, 243 Ga. App. at 876 (2). 40. See supra note 31 and accompanying text; State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013) (\u201c[T]o comport with constitutional due process an indictment charging a defendant with a criminal offense must satisfy two criteria: (1) it must contain the essential elements of the crimes and apprise a defendant of what he must be prepared to meet at trial; and (2) it must show with accuracy to what extent the defendant may plead a former acquittal or conviction.\u201d). It is worth noting that, of course, when \u201cthe trial court grants a special demurrer and quashes the indictment, it does not bar the State from re-indicting the defendant.\u201d Chapman v. State, 318 Ga. App. 514, 518 (1) (b) (i) (733 SE2d 848) (2012). Dillard, Presiding Judge. Reese and Bethel, JJ., concur. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. 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7,604 | Franco Parisi | Texas Tech University | [
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] | {"7604_101.pdf": "69\u00b0 Lubbock 3 Weather Alerts In Effect UPDATE: Former professor out of classroom after story UPDATE: Former professor out of classroom after story By Shaley Sanders Published: Jun. 8, 2016 at 3:19 | Updated: Jun. 8, 2016 at 9:48 \uf0c9 Livestream News Video \uf002 Dr. Lance Nail Investigates Update 6/8/2016 4:25 p.m. After the University of Alabama told News this week that Dr. Parisi \"is not teaching this summer\" our Investigates team followed up with Alabama officials about discrepancies with their written statement. Evidence from students and from the University of Alabama website suggested that Dr. Parisi did start the summer session teaching two courses and is now out of the classroom after aired its story. Today we received another written statement from University of Alabama media relations. That statement reads, \"Dr. Parisi taught class for two days of each course he was scheduled to teach this summer before the university and Dr. Parisi agreed last week that it would be best for him not to teach due to allegations being made in Texas. We don't plan to comment further on this since it involves a personnel matter.\" Former Dean Nail offered evidence of his communications with Alabama Department Chair Matt Holt in which he told Dr. Holt of Dr. Parisi's behavior. We have asked University of Alabama officials if Dr. Holt has been disciplined or demoted as a result of ignoring this information. They have not responded. ===== Dr. Lance Nail, the former Dean of the Rawls College of Business at Texas Tech University, says there are inaccuracies in a Title investigation. Livestream News Video \uf002 As we first reported last week, that investigation concluded that Dr. Nail failed in his responsibilities as a dean of the college after one of his friends and colleagues was accused of sexual harassment on a university trip. According to the investigation, there had been a couple of red flags surrounding Dr. Franco Parisi. Despite reports of inappropriate behavior, Dr. Nail allowed him to go on that university sponsored trip to Chile. That's where the concerns escalated and prompted the Title investigation. However, Dr. Nail, argues that there are errors in that investigation. One of the incidents that created concern prior to the trip involved Dr. Franco Parisi and a staff member drinking during work hours at the university. According to the report, that staff member became so intoxicated she passed out. The Title investigation concludes that Dr. Parisi abandoned the staff member in a life-threatening condition. However, Dr. Nail argues that Dr. Parisi never abandoned her, he only left the office to let the woman's husband into the building. Following that incident, Dr. Nail shortened Dr. Parisi's arrangement with Texas Tech, but he still wanted Dr. Parisi to attend the trip to Chile Dr. Parisi had several relationships in Chile where he was a former presidential candidate. This investigation states, \"Not only was Dr. Nail the only person with full knowledge of Dr. Parisi's prior behavior, but he was also the Dean of the College and as such the person who was responsible for making decisions about whether it was appropriate for Dr. Parisi to be on the trip.\" However, Dr. Nail argues that a faculty member who attended the trip also had full knowledge of the drinking incident involving Dr. Parisi, and still wanted him to attend. Dr. Nail had originally planned on attending the trip to minimize Dr. Parisi's interaction with students outside of class, but, he was asked to attend a board of regents meeting and could not make it. This investigation states he failed to notify the Office or Human Resources of his change of plans, something Dr. Nail says he did not know he was obligated to do. Students who attended the trip told investigators Dr. Parisi sexually harassed a student and was completely inappropriate. Dr. Nail said a faculty member did make him aware of some of the concerns, but asked him not to intervene at the time. Dr. Nail said that while he was aware of some of the inappropriate behavior, he was not made fully aware of all of Dr. Parisi's actions. Following the trip, Dr. Nail said he wrote a letter to Dr. Parisi telling him he was banned from campus and from interacting with students. Nail said he would contact the campus police if Parisi were seen back on campus has learned that Dr. Parisi went on to another teaching position at the University of Alabama in the fall of 2015. We asked Texas Tech if Alabama was made aware of the incidents involving Dr. Parisi. Texas Tech sent us this statement, \"We believe there was communication to parties at the University of Alabama during early summer of 2015 contacted the University of Alabama who emailed us this statement, \"Dr. Parisi is on a one-year appointment that ends August 15, but he is not teaching this summer. We are not going to comment further.\" However, according to the university's online syllabus management, Dr. Parisi was scheduled to teach this summer, something we confirmed with students at the university Investigates: Title accusations against former dean Investigates: Sexual Harassment allegations spark Title Investigation at Texas Tech Copyright 2016 KCBD. All rights reserved. Health Domain | Sponsored Seniors Choice | Sponsored Breakthrough \"Arthritis Gummy\" Takes Canada By Storm People Aged 40-80 Could Claim This Life Insurance Benefit Livestream News Video \uf002 Most Read by Taboola Sponsored Links Entire police force put on leave after chief, 4 officers arrested on multiple charges An entire police force was placed on leave after five officers, including the police chief, and one of their spouses were arrested on multiple charges. You May Like LeafFilter Partner Here\u2019s What a 6-Hours Gutter Upgrade Should Cost You \uf144 Crews respond to structure fire in South Lubbock County responding to fire at Rosa\u2019s on 82nd St. \uf144 3 people suffer moderate injuries in two-vehicle accident south of Shallowater Lubbock resident wins $1 Million prize from scratch ticket Toughest team wins: Texas Tech tops Livestream News Video \uf002 \uf144 Food for Thought: 4 top performers this week \uf144 Online tip leads to arrest of Lubbock man making online school shooting threats in February \uf144 Texas Tech preps for first round meeting against Wilmington in Tournament Public Inspection File Report Applications [email protected] - 806-744-1414 Closed Captioning/Audio Description Advertising Digital Marketing Terms of Service Privacy Policy Customize At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 News Weather Sports About Us Contests Careers 9810 University Ave. Lubbock 79423 (806) 744-1414 Livestream News Video \uf002", "7604_102.pdf": "Franco Parisi Personal details Born 25 August 1967 Santiago, Chile Political party Party of the People Spouse(s) Laura Lee Campbell \u200b\u200b(m. 1996; div. 2009)\u200b[1] Denise Tarzij\u00e1n[2] Children 2[3] Parent(s) Zandra Fern\u00e1ndez Ledesma Antonino Parisi Sep\u00falveda Residence Santiago, Chile Alma mater Instituto Nacional University of Chile (BA) University of Georgia (PhD) Occupation Business engineer Signature Website parisi2014.cl ( e.org/web/20141217235710/htt p://parisi2014.cl/) Franco Parisi Franco Aldo Parisi Fern\u00e1ndez (born 25 August 1967)[1] is a Chilean business engineer and economist. He received recognition for doing radio and television programs about economy along with his brother Antonino Parisi, and has been nicknamed \"the economist of the people\".[4] In 2012 he launched his independent candidacy for president for the 2013 elections in Chile.[5] Parisi ideologically identifies himself as a social liberal.[6] In November 2021 he reached the third place of votes in the first round of the presidential elections, behind Jos\u00e9 Antonio Kast and Gabriel Boric.[7] Parisi had refrained from visiting Chile for several years, reportedly due to an outstanding warrant related to unpaid child support.[8] However, he has since resolved this matter and visited Chile in 2023 for campaign purposes.[9] Parisi was born in Santiago de Chile on 25 August 1967.[1] He studied at the Escuela Experimental Salvador Sanfuentes, and completed his secondary studies at the Instituto Nacional. He also briefly studied at Chile's Military Academy. He graduated with a degree in business administration at the University of Chile, and obtained a doctorate in the same subject at the University of Georgia.[10] Parisi served as visiting professor at Rice University (2002\u201303), University of Alabama (2000), University of Georgia (1999), and Georgetown University. [11] He has held academic positions at Texas Tech University and the University of Alabama, the former which ended after allegations of sexual harassment from university students. [12] In Chile, he was a professor at the Faculty of Economics and Business of the University of Chile, where he also worked as a vice dean and interim dean in 2010[13] and was a member of the Group of Monetary Politics (Grupo de Pol\u00edtica Monetaria).[14] He ran for dean but lost the election to Manuel Agos\u00edn.[15] He also worked at the for-profit Andr\u00e9s Bello National University, where he was appointed dean of the Business Faculty, and, subsequently became the dean of the Chilean Institute for Executive Development (IEDE), both owned by Laureate International Universities. He resigned the office in July 2012.[16] Biography In the 1990s, Parisi worked as a junior part-time government advisor in different issues.[11] On 10 June 2010 he was appointed councilor of the Chilean Copper Commission (Cochilco) by president Sebasti\u00e1n Pi\u00f1era. He left office on 10 June 2012.[17] During 2011, following a controversy with local retailer La Polar, Parisi made several appearances in Chilean radio and television and his economy phenomena explanations in colloquial terms started to become his trademark.[18] At midyear, Parisi started a show called Los Parisi: el poder de la gente (The Parisis: the power of the people), a television program hosted by him and his brother Antonino Parisi. The program was initially broadcast on V\u00eda X,[19] and then in La Red.[20] In March 2012, he advised the leaders of the protests in Ays\u00e9n.[21] He announced his presidential pre-candidacy as an independent on 30 January 2012, and called for \"independent primaries\" against Marco Enr\u00edquez-Ominami;[22] however, Enr\u00edquez-Ominami declined the proposal.[23] Although some members of the Regionalist Party of the Independents (PRI) wanted the party to support Parisi,[24] the ended up promoting their own candidate, Ricardo Israel. Members of requested their directive board \"freedom of action\" to support Parisi.[25] In early June 2013, Parisi announced the collection of fifty thousand signatures of people supporting his candidacy,[26] which allowed him to register his candidacy before the Electoral Service of Chile on 7 August 2013.[27] On 16 June 1996, he married Laura Lee Campbell in Clarke, Georgia, United States;[1] the couple divorced on 5 January 2009.[28] Parisi F., Franco; Parisi F., Antonino; Cornejo, E. (2006). An\u00e1lisis y gesti\u00f3n de cr\u00e9ditos. Ediciones Copygraph. Parisi F., Franco; Parisi F., Antonino; Godoy, R. (2001). Corporate Governance in Chile Revision. Research in International Business and Finance. Parisi F., Franco; Parisi F., Antonino (2004). Teor\u00eda de inversiones. Parisi Media. (CD-ROM) Parisi F., Franco; Parisi F., Antonino (2004). Estructuras financieras. Parisi Media. (CD-ROM) Parisi F., Franco; Parisi F., Antonino (2004). Pol\u00edtica y administraci\u00f3n de cr\u00e9ditos. Parisi Media. (CD-ROM) 1. \"Certificado de Matrimonio\" ( E) (JPG). Servicio de Registro Civil e Identificaci\u00f3n de Chile. 10 May 2012. Retrieved 23 May 2012. Presidential candidacy Personal life Works References 2. \"Denisse Tarzij\u00e1n Tuchie - Egresada 2002\" ( ww.redicu.cl/en_que_estan/show?id=51). Red-ICU. Archived from the original ( l/en_que_estan/show?id=51) on 7 December 2009. Retrieved 4 June 2012. 3. \"Nacimientos\" ( 539522abc}). El Mercurio. 18 August 2007. Retrieved 10 May 2012. (subscription required) 4. \"El Mostrador: El Economista del Pueblo\" ( w.elmostrador.cl/opinion/2012/05/09/parisi-el-economista-del-pueblo/) (in Spanish). El Mostrador. 9 May 2012. Archived from the original ( nomista-del-pueblo) on 12 May 2012. Retrieved 12 May 2012. 5. \"Franco Parisi se lanza como precandidato a la Presidencia\" ( mpreso/2012/01/717494/franco-parisi-se-lanza-como-precandidato-a-la-presidencia) (in Spanish). La Segunda. 30 January 2012. Retrieved 11 May 2012. 6. \"Franco Parisi niega apoyo a pol\u00edticos tradicionales en posible 2da vuelta presidencial\" ( w.biobiochile.cl/2012/11/24/franco-parisi-niega-apoyo-a-politicos-tradicionales-en-posible-2da-vuel ta-presidencial.shtml). Radio B\u00edo B\u00edo (in Spanish). 24 November 2012. Retrieved 7 October 2013. 7. P, Carlos Reyes (2021-11-22). \"Franco Parisi se impone a Provoste y Sichel, los candidatos de los partidos que lideraron Chile por 30 a\u00f1os\" ( e-impone-a-provoste-y-sichel-los-candidatos-de-los-partidos-que-lideraron-chile-por-30-anos KQH2CHFE7FNKX5FKP3T4W74/). La Tercera. Retrieved 2021-11-22. 8. \"Franco Parisi, que permanece fuera de Chile, enfrenta orden de arraigo por deuda de pensi\u00f3n alimenticia\" ( e-fuera-de-chile-enfrenta-orden-de-arraigo/2021-09-19/212543.html). Cooperativa.cl (in Spanish). Retrieved 2022-12-14. 9. \"Franco Parisi regresa a Chile para liderar gira del en apoyo a sus candidatos a consejeros constitucionales\" ( e-pgd-consejeros.html). Emol.com (in Spanish). Retrieved 2024-11-24. 10. \"Franco Parisi\" ( bienvenidos/). parisiepoderdelagente.cl. Archived from the original ( l/site/bienvenidos/) on 8 May 2012. Retrieved 10 May 2012. 11. \"Franco Parisi Fern\u00e1ndez\" ( si.pdf) (PDF). FEN. University of Chile. Retrieved 17 May 2012. 12 UPDATE: Former professor out of classroom after story\" ( w.kcbd.com/story/32169926/investigates-update-former-ttu-professor-out-of-classroom-after-kcbd- story/). 8 June 2016. 13. \"Franco Parisi enciende elecciones de decano para Facultad de Econom\u00eda de la U. de Chile\" (htt p://economia.terra.cl/noticias/noticia.aspx?idNoticia=201005241749_INV_79006591). Terra. 24 May 2010. Retrieved 10 May 2012. 14. \"Sus miembros\" ( bros.html). Grupo de Pol\u00edtica Monetaria. University of Chile. Archived from the original ( acea.uchile.cl/contenido/miembros.html) on 9 July 2012. Retrieved 17 May 2012. 15. \"Manuel Agos\u00edn es el nuevo decano de la Facultad de Econom\u00eda y Negocios de la Universidad de Chile\" ( omia-y-negocios-de-la-universidad-de-chile). Radio U. Chile. 10 June 2010. Retrieved 19 August 2013. 16. \"Parisi entra a escena\" ( 012/07/21/01/contenido/reportajes/25-114229-9-parisi-entra-a-escena.shtml). La Tercera. 21 July 2012. Archived from the original ( -114229-9-parisi-entra-a-escena.shtml) on 29 October 2013. Retrieved 19 August 2013. 17. \"Exclusivo: la contradicci\u00f3n secreta de Franco Parisi sobre su salida de Cochilco\" ( linic.cl/2012/07/28/exclusivo-la-contradiccion-secreta-de-franco-parisi-sobre-su-salida-de-cochilc o/). The Clinic. 28 July 2012. Retrieved 28 July 2012. 18. \"Las dos caras del fen\u00f3meno pol\u00edtico del momento: Franco Parisi. Analista del afirma: \"Mostrarse desvinculado de los partidos da cr\u00e9ditos electorales\" \" ( 120512235306/ l). Cambio21. Archived from the original ( gs/20120509140615.html) on 12 May 2012. Retrieved 11 May 2012. 19. \"Via y el sorpresivo estreno de Los Parisi\" ( Walabi. 28 July 2011. Archived from the original ( on 4 April 2014. Retrieved 11 May 2012. 20. \"Los Parisi\" ( parisi/). La Red. Archived from the original ( on 20 May 2012. Retrieved 11 May 2012. 21. \"Los Parisi en Ays\u00e9n: \"Lo que est\u00e1 pidiendo la gente no es abultado, como ha dicho el gobierno\" \" ( a-region-paga-us40-millones-en-iva-e-impuestos-especificos-y-piden-un-descuento-10-millones/). El D\u00ednamo. 13 March 2012. Archived from the original ( si-en-aysen-esta-region-paga-us40-millones-en-iva-e-impuestos-especificos-y-piden-un-descuent o-10-millones/) on 1 August 2012. Retrieved 11 May 2012. 22. \"Franco Parisi se lanza como precandidato a la Presidencia\" ( mpreso/2012/01/717494/franco-parisi-se-lanza-como-precandidato-a-la-presidencia). La Segunda. 30 January 2012. Retrieved 12 December 2012. 23. \"Franco Parisi le responde a MEO: \"Le propuse ir a primarias y me dijo s\u00ed\" \" ( g/web/20130926091004/ 2%80%9Cle-propuse-ir-a-primarias-y-me-dijo-si%E2%80%9D.html). Meganoticias. 1 February 2012. Archived from the original ( eo:-%E2%80%9Cle-propuse-ir-a-primarias-y-me-dijo-si%E2%80%9D.html) on 26 September 2013. Retrieved 12 December 2012. 24 lanza nuevo sitio web para acercar candidatura independiente de Franco Parisi\" ( archive.org/web/20130926050805/ o-web-para-acercar-candidatura-independiente-de-franco-parisi/). El Mostrador. 8 December 2012. Archived from the original ( web-para-acercar-candidatura-independiente-de-franco-parisi/) on 26 September 2013. Retrieved 8 July 2013. 25 baja perfil a \"descolgados\" que apoyan a Franco Parisi\" ( on2013/rn-baja-perfil-a-descolgados-que-apoyan-a-franco-parisi-809865). 24 Horas. 26 August 2013. Retrieved 17 September 2013. 26. \"Parisi celebr\u00f3 las 50 mil firmas y va por las 70 mil\" ( 2/ 43.html). La Naci\u00f3n. 1 June 2013. Archived from the original ( las-50-mil-firmas-y-va-por-70-mil/noticias/2013-06-01/230043.html) on 26 September 2013. Retrieved 3 July 2013. 27. \"Con 52 mil firmas, Franco Parisi inscribe candidatura presidencial independiente\" ( hive.org/web/20131019163925/ n-52-mil-firmas-franco-parisi-inscribe-candidatura-presidencial-independiente.shtml). La Tercera. 7 August 2013. Archived from the original ( 713-9-con-52-mil-firmas-franco-parisi-inscribe-candidatura-presidencial-independiente.shtml) on 19 October 2013. Retrieved 13 August 2013. 28. Tercer Juzgado de Familia de Santiago, causa rol C-4689-08 Official candidacy website ( (in Spanish) Retrieved from \" External links", "7604_103.pdf": "\uf39e \uf16d \uf002 \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Jamie Scott Lance Nail News On Campus Provost Finalist\u2019s Past Exposed by Twitter Thread Simeon Gates, SM2 Reporter | April 6, 2023 Lance Nail, one of the finalists for provost at the University of Southern Mississippi, once defended a professor accused of sexual misconduct and changed students\u2019 grades behind their professor\u2019s back according to media reports in 2015 and 2016 that were revealed in a Twitter thread created by a graduate student on the morning of April 3. This Twitter thread, by Emily M. Goldsmith, is accompanied by a petition to prevent Dr. Nail from being hired. Both the thread and the petition list Nail\u2019s history of scandals before he applied to come to USM. This all stems from Nail\u2019s time as dean of the Rawls College of Business at Texas Tech University from August 2012 until December 2015. In 2016, KCBD, a local news station in Lubbock, Texas, revealed a 2014 Title investigation into Franco Parisi, Nail\u2019s former colleague, and friend. The investigation found several instances of sexual misconduct committed by Parisi. In one incident, he made drinks for a female staff member in the academic building during work hours. When she passed out from intoxication, he abandoned her, and she was in a \u201clife- threatening condition.\u201d According to the news report, after this happened, Nail decided not to renew Parisi\u2019s employment for the next year but still invited him on a leadership trip to Chile, Parisi\u2019s native country. On this trip, several witnesses confirmed that he harassed a female student on the trip and subjected other students to \u201cinappropriate behavior.\u201d Even after this, Nail recommended Parisi for other jobs. Parisi found a job teaching at the \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f , j j g University of Alabama but was let go after KCBD\u2019s article was released. He is also banned from the Texas Tech campus according to the report. Nail resigned In late 2015 as Dean of Rawls College of Business at Texas Tech University after a grade-changing scandal according to an article on the Inside Higher Ed website faculty panel found that four failing students in the school\u2019s business graduate program got their degrees despite having poor grades in the math class, which was taught by Dr. William Jay Conover. According to the report, rather than following proper procedures for grade disputes, Nail got another professor to create an alternative exam for the students. Based on this exam, the failing students\u2019 grades were raised enough to allow them to graduate. Neither the professor who made the exam nor Conover was aware of this plan. In both cases, Nail defended himself. During the grading scandal, Nail released a statement where he admitted that he violated procedures according to the article on the article Inside Higher Ed website. He argued that this was an extraordinary case of a professor grading students unfairly. The faculty committee over the case did not find this to be true. Nail also argued that there were many inaccuracies in the Title report according to the report. Nail argued that Parisi did not abandon the intoxicated faculty member but left to let her husband into the building. As for the trip to Chile, Nail said that another faculty member who knew of Parisi\u2019s past still wanted him to attend. Nail planned to join the trip to make sure Parisi stayed away from students outside of class, but scheduling conflicts prevented him from going. However, Nail admitted that he knew of Parisi\u2019s inappropriate behavior, just not the full extent of it. Nail resigned as Dean of the business school in November 2015 but stayed on as a tenured professor of finance. He left Texas Tech in 2017 to become the Dean and professor at the Fowler College of Business at San Diego State University, according to his curriculum vitae. His current position is as Dean and professor at the Robert C. Vackar College of Business and Entrepreneurship at the University of Texas Rio Grande Valley. He previously served as Dean and professor of USM\u2019s own College of Business from 2008 until 2012 according to his CV. To get the full picture, SM2 reached out to both Goldsmith and Nail for statements via email. Goldsmith is an English Ph.D. candidate at USM. They first heard about Nail after a colleague expressed concern about his background. Goldsmith decided to look Nail up on Google, \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f where several news articles popped up. They and other graduate students sprang into action, creating a petition to remove Nail as a provost candidate. As of this writing, 440 people have signed the change.org petition. \u201cDr. Lance Nail has made it clear via his past conduct that he tolerates and excuses the behavior of professors who act inappropriately with their students. Why would we give this man a position of power where he can continually harm students?\u201d they said in a written statement. Goldsmith and others are concerned that if Nail was hired, it would compromise student safety and the university\u2019s reputation. \u201cHiring Dr. Lance Nail would communicate that all the university\u2019s claims about diversity, inclusion, and equity were meaningless platitudes,\u201d they said. \u201cDr. Lance Nail has connections, and he\u2019s rumored to be the favorite for the position\u2026This whole situation screams \u2018Good Ole Boys\u2019 club\u2026\u201d SM2 reached out to Nail for comment. In an email, he stated that he cannot discuss the incidents at Texas Tech because of a nondisclosure agreement. He also argued that his previous record as Dean and Professor at USM\u2019s College of Business could attest to his reliability as a candidate would encourage you to ask the many Southern Miss colleagues worked with when was there about that integrity and leadership. Or those who served on the Business Advisory Council who supported my mission to graduate ethical business leaders from Southern Miss,\u201d he wrote in the email. \u201cAnd, most importantly hope that you will speak with the many former students who believe will attest to my ethics-based and student-centered approach.\u201d All of this brings up an important question: how did Nail\u2019s controversies go unnoticed? The answer has to do with the provost search process. The process was conducted by the Provost Search Committee and consultants from Academic Search. The committee consisted of faculty, staff, and students from both Hattiesburg and the Gulf Coast. Academic Search is a national firm that helps universities find and hire executives. According to their website, Academic Search\u2019s Executive Search process consists of six steps. The first two are working with the university and learning about its history and community to develop a profile of the ideal candidate. The third step is to recruit a diverse application pool via applications. The final steps are to evaluate, interview, and vet potential candidates. Consultants from \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f This poll has ended. Should Lance Nail be considered for provost? Donate to SM2 p , , p Academic Search work with the Search Committee to narrow down the list of candidates through Neutral Site Interviews. Then the consultants run background checks on the finalists. After the background checks, the finalists are interviewed on campus. After the on-campus interviews, the consultants help to make the final pick and help them transition into their new job. James Coll, USM\u2019s Chief Communications Officer, confirmed that the search committee was aware of Nails\u2019 controversies and that Academic Search was still vetting the candidates. Nail said that \u201cthere will be background checks conducted as part of the search process am confident that those background checks will provide confidence in my integrity and leadership.\u201d Nail will visit the Southern Miss Gulf Park campus on April 17, and the Hattiesburg campus on April 18 as part of the final stage of the provost search. Nail and the other candidates, Mohamad S. Qatu, of Eastern Michigan University; Melissa L. Gruys of Purdue University Fort Wayne; and Farshad Fotouhi of Wayne State University, are in the process of attending forums for students and faculty to learn more about them starting on the week of April 3. This story will be updated when SM2 receives any new information. Leave a Comment Your donation will support the student journalists of University of Southern Mississipi. Yes (14% - 15 votes) No (86% - 94 votes) \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Donate Hosts March Career Fairs HillmanTok University Offers Free Lessons on Black Culture Hattiesburg Awarded Grant for Public Safety Complex Mural Views Mixed on Designated Mental Health Days Hosts Mental Health Day Hosts March Career Fairs Views Mixed on Designated Mental Health Days Hosts Mental Health Day and Paid Tutors Spark Cheating Concerns at Senior Crowned Queen of Krewe of Neptune Your contribution will allow us to purchase equipment and cover our annual website hosting costs. News On Campus \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in \uf39e \uf16d Search \uf002 \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f"} |
7,787 | Eric Toliver | University of Nevada – Las Vegas | [
"7787_101.pdf",
"7787_101.pdf"
] | {"7787_101.pdf": "reinforces no-tolerance policy for sexual harassment, abuse By Mark Anderson Las Vegas Review-Journal October 14, 2018 - 1:33 pm Don't miss the big stories. Like us on Facebook. Updated October 14, 2018 - 4:19 pm \uf09a \uf0e0 Eric Tolliver, associate athletic director for compliance at the University of Las Vegas speaks about recruiting athletes for the school on Thursday, June 2, 2016. Loren Townsley/Las Vegas Review-Journal Follow @lorentownsley Eric Toliver was a stickler for rules. The compliance director for UNLV\u2019s athletic department monitored everything from what kinds of cars students drove to coaches\u2019 phone calls to recruits. Few people ......We hope you appreciate our content. Subscribe today to continue reading this story, and all of our stories programs to combat sexual harassment and assault and all Nevada System of Higher Education institutions launched online Title training in 2015 through LawRoom to educate students, faculty and staff about sexual harassment and workplace discrimination Advocates. The Jean Nidetch Women's Center's Advocates provides training and survivor support on relationship and sexual violence. Training is available throughout campus Advocates staffs a 24-hour crisis hotline, 702-895-0602. \u2014 Green Dot federal effort to increase campus safety and awareness through bystander intervention training. The Jean Nidetch Women's Center trains students to be more aware and help victims find resources they need. \u2014 Girls on Guard Police teach self-defense classes each semester to anyone interested and works with campus groups on increasing safety and combating domestic violence. \u2014 Take Back the Night has hosts events each October to raise awareness for and help prevent sexual, dating and gender violence. \u2014 It's on Us. The student government endorsed this White House initiative to end sexual violence on college campuses. Then-Vice President Joe Biden and Lady Gaga visited in April 2017, one of three university sites for such events."} |
7,596 | Asterious Doukoudakis | Temple University | [] | {} |
8,407 | Gary Swee | Lincoln Land Community College | [
"8407_101.pdf",
"8407_101.pdf"
] | {"8407_101.pdf": "News & Opinion \u00bb News April 26, 2018 Lincoln Land Community College kept a professor on the payroll for nearly two decades after students first complained about graphic sexual remarks and unwelcome advances. Former anthropology and psychology teacher Gary Swee retired in March after being accused for the seventh time of sexually harassing and otherwise mistreating students. Female students feared being alone with him, according to disciplinary files that include accounts of Swee frequently making crude remarks in class, winking and inviting a student home. The accounts date to 1999. \u201cStudent commented that this is a classic example of the \u2018psychologist needing a psychologist,\u2019\u201d a college official wrote in notes of a February interview taken #Swee Too Prof quits after years of complaints By Bruce Rushton Listen to the article now 1.0x Audio by Carbonatix \uf0c9 \uf002 after Swee was placed on administrative leave following the most recent complaint. In an interview, Swee acknowledges that some complaints have been accurate and says that others were false, filed by students who were upset because they did poorly in his class. \u201cAnytime someone told me did something wrong changed my behavior,\u201d Swee says. \u201cOver 28 years have eight [actually, seven] complaints. Hundreds and hundreds of students said they loved me.\u201d The college didn\u2019t discipline Swee after receiving complaints in 1999, 2004 and 2008. The college didn\u2019t issue a reprimand, the mildest form of discipline, until 2012, when administrators say Swee invited a student to his home. Swee received another reprimand in response to complaints in 2014 and was suspended in 2016 after being accused of sexually harassing a student, a charge Swee denies don\u2019t sexually harass my students,\u201d he says. Swee retired last month after a student complained that he had offered her a ride to a concert in St. Louis after she\u2019d told him, in front of the class, that she wasn\u2019t interested in going because her friends either didn\u2019t like the performers Gary Swee or hadn\u2019t heard of them fell silent and uncomfortable, and think the whole class knew it,\u201d the student writes in a complaint made after the semester ended. The student reported that Swee\u2019s unwelcome remarks began after she showed up early on the first day of class last fall and complimented him on the music festival t-shirt that he was wearing. She says she mentioned the Summer Camp Music Festival in Chillicothe, which she had attended for several years. \u201cHe\u2026 told me that he goes every year as well,\u201d the student wrote in her complaint. \u201cAt that moment believe that is what caught his directed attention towards me, that did not want nor intend.\u201d Swee, the student wrote, would pull a calendar from his pocket during class and ask her whether she planned on seeing upcoming shows in local bars. Another student warned her, she said, to avoid Swee because he had a history of sexual harassment complaints. \u201cIn the back of my mind knew he was creepy, but after hearing those comments about him felt trapped and vulnerable to the situation because didn\u2019t know how to get out of it,\u201d the student wrote was afraid to reach out to him for any sort of help felt too uncomfortable to visit his office hours and get help directly.\u201d The student said she felt Swee\u2019s stare during class, particularly during the final exam. \u201cHe usually would look over periodically, but this time could see him staring for a period of time,\u201d the student wrote. \u201cIt felt like someone was breathing down my neck. To make matters more uncomfortable for me, once had finished my exam turned it in to him, watched him grade it and said passed with a C. As am proceeding back to my desk, he tells me in front of the class who are taking their finals after the semester should shoot him an email and exchange numbers. He also said \u2018See you at Summer Camp.\u2019\u201d The student says that her grade point average suffered due to stress inflicted by Swee. And she says she now fears the Summer Camp festival, which had been an annual rite. \u201c(K)nowing that he is there makes me afraid to go anymore,\u201d the student wrote feel sad that it came down to this, but have to look out for my safety.\u201d Two students interviewed by college officials backed the student\u2019s account, with one saying that he had seen Swee pay \u201cexcessive attention\u201d to the complainant, according to interview notes. \u201cHe would sit on the desk in front of hers, talk with her about music and even offered her rides to concerts,\u201d an interviewer wrote. Swee acknowledges offering the student a ride to St. Louis and talking to her about upcoming concerts wasn\u2019t trying to hit on her or anything else,\u201d Swee says. \u201cIn fact did pull my calendar out and tell her about local shows she might be interested in was just talking to another music lover about music thought recognized that ass\u201d The complaint that triggered Swee\u2019s retirement came two years after a different student filed a sexual harassment complaint, prompting the college to suspend Swee and put him on notice that another incident would cost him his job. It was a final warning issued after years of complaints. The first complaint, according to college files, came nine years after Lincoln Land hired Swee in 1990. The student said that when she asked Swee what she\u2019d missed after not attending class for two weeks, he told her, \u201cNothing that a little saliva exchange won\u2019t take care of.\u201d He also invited her to his office after class for \u201cextra credit,\u201d according to college files. When she said no, Swee responded \u201cYou\u2019re just screwing yourself out of a grade,\u201d according to notes summarizing the student\u2019s 1999 complaint. The student told administrators that Swee had exhibited suggestive behavior during previous courses and that flirtatiousness increased after his divorce. She said he once asked her how she was doing with her boyfriend, and when she told him that she\u2019d broken up with him, Swee said, \u201cOh, so we\u2019re both single then.\u201d The college refunded the student\u2019s tuition but did not discipline Swee, who acknowledges bad behavior. \u201cI\u2019d been flirting with that woman for a semester and a half,\u201d Swee says. \u201cThat was inappropriate. \u2026 You kind of make humor and it comes out the wrong way.\u201d In 2004, five female students together complained to Victor Broderick, dean of social services, that Swee was making crude sexual remarks in class and had publicly called one student a \u201cbitch.\u201d He commented on a student\u2019s sexuality, according to interview notes, and made \u201cimplied invitations to engage in sex.\u201d Advances were so frequent, one student said, that she stopped going to Swee\u2019s office and began dressing more modestly in class. \u201cThe other students attested that it was obvious to everyone in class which two students Swee was interested in,\u201d an administrator wrote in interview notes. Swee didn\u2019t deny using salty, even risqu\u00e9, language. \u201cSwee acknowledged that his occasional use of profanity and sexual innuendo were consistent with his teaching style, though he claimed no recollection of specific facts,\u201d administrators wrote in a summary of complaints prepared two years ago. Swee denies saying anything inappropriate, saying that students who complained had grudges. \u201cThey were angry,\u201d Swee says. \u201cThey weren\u2019t getting the grades they wanted.\u201d There was no discipline. Broderick gave Swee a brochure about sexual harassment and told him to refrain from profanity and sexual innuendo. Four years later, in 2008, a former student complained to the human resources department, saying that Swee had persisted in inappropriate behavior after she told him that he was out of line. In class, the student said, Swee remarked about her being in bed underneath her boyfriend all weekend. When he later apologized, the student said that she told him that his comment had been \u201cincredibly inappropriate.\u201d But inexcusable behavior continued, the student says in her written complaint. Swee once snuck up behind her as she was posting something on a campus bulletin board, the student reported, and told her thought recognized that ass mean, hair.\u201d \u201cAnd he chuckled,\u201d the student wrote in her complaint said, \u2018You did not just say that.\u2019 And he said, \u2018Oh yes did few months later, when she told Swee that she was feeling \u201cloopy\u201d on graduation day because she had been taking medicine, Swee leaned toward her, stuck out his hand and said, \u201cWell, then, hi, I\u2019m Gary,\u201d the woman wrote. The woman says that Swee told her more than once that men from other cultures would consider her attractive and think that all she would want to do is have sex just felt uncomfortable by the way he would tell me this, using unnecessary language, standing very close to me,\u201d the woman wrote. \u201cWhenever would back up, he would always take a step closer.\u201d The woman filed a complaint after again encountering Swee while she was removing items from campus bulletin boards after graduation. She suspected he was approaching when she heard whistling in a stairwell, then she heard someone whisper her name. \u201cWhen turned around, sure enough, it was him,\u201d the woman wrote felt it was him in the stairwell and wanted to get away before had to run into him because he makes me feel uncomfortable by his comments. He continued to walk up to me, then got very close to me, in my personal space, and started circling around me quickly, saying, \u2018Maybe I\u2019m stalking you. Maybe I\u2019m your stalker then told him he was being creepy, and told him several more times that he was being creepy.\u201d The woman wrote that she began walking away, but Swee followed her \u201cvery closely\u201d until two people came around a corner and looked at them oddly. Once the people were out of sight, Swee defended his behavior. \u201c\u2018It\u2019s because you aren\u2019t a student anymore,\u2019\u201d the woman recalled Swee telling her. \u201cAnd said, \u2018No, it\u2019s not OK.\u2019\u201d The woman told the human resources department that she wanted something done would like for Gary Swee to stop making the inappropriate remarks and comments to me and to stop standing so close and not backing away,\u201d the woman wrote feel that this issue is growing, especially now that he has indicated that \u2018it is OK\u2019 because am no longer a student feel that his intentions have been very clearly made, that they were inappropriate and are unacceptable in a work environment and that it is time for someone else to intervene.\u201d Swee denies telling the woman that she was attractive and that men would think that she only wanted to have sex. He says the woman never indicated to him that he was invading personal space did mention the term \u2018stalking\u2019 one time,\u201d Swee says. \u201cIt was a joking thing.\u201d Swee told the college\u2019s equal employment opportunity compliance officer that he had treated the woman \u201cin a friendly, joking manner that may have been misconstrued by the student,\u201d according to a summary of complaints prepared in 2016. Swee was counseled. \u201cHe indicated that he would refrain from having any further inappropriate interactions and apologized for behavior that may have been perceived as harassing in nature,\u201d administrators say in the complaint summary. Why no discipline had that same question and asked that same question,\u201d says Charlotte Warren, Lincoln Land president, who points out that she wasn\u2019t hired until 2006, after the first two complaints. Warren said that she was not informed of the 2008 complaint, which came after she became college president. Students who came forward in 1999, 2004 and 2008 did not file formal complaints, Warren said, and some students who were in the same classes as complainants praised Swee and reported nothing inappropriate. Attitudes were different years ago, she added. \u201cWe are challenged in what we can do if a student doesn\u2019t want to give further testimony,\u201d she says. \u201cThis is not an excuse, but as you know and know, in terms of the reality of our world, how things have changed as to what\u2019s acceptable and what\u2019s not acceptable.\u201d Complaints Formal discipline In 2012, a student complained that Swee had engaged in \u201cinappropriate verbal conduct\u201d and had invited her to his home for help with coursework, according to college files. The student received a tuition refund and transferred to a different school. After four complaints in the space of a dozen years, Swee was reprimanded, the first disciplinary action taken against him. The college says that he was entitled to progressive discipline under terms of a collective bargaining agreement with the faculty union. Under discipline procedures in the union contract, Swee had to receive two reprimands for separate incidents, then get suspended for a third incident before he could be terminated if he got in trouble a fourth time. Swee says he did nothing wrong and that he saw nothing unusual in meeting with students at his house, in parks or at bars. \u201cShe said she wanted to study more,\u201d Swee recalls said \u2018You\u2019re welcome to stop by the house, or anyplace. I\u2019ve had students in my house many times.\u201d The student didn\u2019t file a formal complaint. Indeed, her parents told the college after she transferred that they didn\u2019t wish to pursue the matter or have their daughter speak with investigators. Why, then, did Swee receive a reprimand when he had received no discipline in earlier cases when no formal complaint was made? \u201cOver time, even if you can\u2019t get formal complaints, you begin looking at the issue and you begin (to see) there\u2019s enough smoke here: We need to take action,\u201d Warren explains. Swee was reprimanded again in 2014, after two students contacted Broderick and complained that Swee\u2019s conduct had made them uncomfortable. \u201cThis included making a statement in front of the entire class criticizing some unnamed students\u2019 performance on the test, and then staring at them such that the entire class was aware that they were the ones you were characterizing,\u201d Broderick wrote in the reprimand. \u201cIn addition, they said that you say inappropriate things multiple times each class period, though they offered just a few examples.\u201d There had been a similar complaint the previous semester, Broderick wrote, and another the prior year. According to files, one student had accused Swee of using the term \u201cmonkey brains\u201d in reference to her. \u201cYou have established a pattern of offending students to the point they drop your course and request a tuition refund,\u201d Broderick wrote. \u201c(T)he systematic recurrence of incidents with essentially the same distinctive gist suggests that you are indeed violating social norms likely to produce offense, humiliation and discomfort.\u201d Swee denies using the term \u201cmonkey brains\u201d or that he did anything wrong. Why did so many students complain? \u201cI\u2019m not sure,\u201d he answers think that used to, and certainly times have changed used to joke around in my class tell students that they\u2019re adults and they can tell me when things bother them.\u201d Less than two years later, a student filed a formal sexual harassment complaint, writing that Swee had told her didn\u2019t think you could get more attractive, but your lip (sic) look delectable.\u201d The student also said that Swee frequently told sexual jokes and had told students that the best part of a recent vacation had been when he\u2019d masturbated. Swee, the student reported, often winked at her and watched her as she arrived for class and when she gathered belongings to leave. Other students corroborated parts of the complainant\u2019s account, saying that Swee had told his class that he enjoyed masturbating on weekends. Two said that Swee had gotten angry when a student suggested that he couldn\u2019t \u201cget it up.\u201d Another said that Swee had said \u201cnice rack\u201d when she came to class in a sweater with a deer on it. \u201cShe also said that he made a comment to her one day about how nice she looked and to \u2018not tell her boyfriend\u2019 that he said that,\u201d an administrator wrote in interview notes. \u201cShe said she wouldn\u2019t feel comfortable approaching him and definitely wouldn\u2019t feel comfortable being alone with him in his office. \u2026 Student said if she met him off campus she would definitely be afraid/uncomfortable, but she feels safe on campus.\u201d Swee acknowledges mentioning masturbation to students, but not during class. \u201cThat probably was an inappropriate joke at best,\u201d he says. Swee denies telling the student that her lips were \u201cdelectable\u201d or that she was attractive. Rather, he says that she had a swollen lip and he was trying to cheer her up by pointing out that large lower lips are considered attractive in some cultures. He says that he winked at both men and women in his class in an effort to be \u201cinclusive.\u201d In a written response to the 2016 complaint, Swee said that he had toned things down since being reprimanded. \u201cMy use of humor is pervasive,\u201d he wrote in a response to the 2016 allegations. \u201cMy use of \u2018sexual\u2019 humor which was more evident in the past is a very small component of any humor use and is at the (using movie rating terminology) PG-13 level at worst.\u201d Administrators gave Swee a 10-day suspension, which was cut in half after the Lincoln Land Faculty Association filed a grievance on his behalf, saying that the sexual harassment allegation wasn\u2019t solid. \u201cThe union believes that those allegations are unsubstantiated and that, as a result, the college did not have just cause to issue the 10-day suspension in question,\u201d a union official wrote on a grievance form. After being warned that any similar incidents would result in termination, Swee continued in the classroom. He didn\u2019t last cry for help\u201d Swee says he changed his ways after his 2016 suspension took away all swear words and all sexual humor,\u201d he says. But students interviewed after the latest complaint received in February say that Swee employed unnecessary sexual references, once using the word \u201cejaculation\u201d when discussing a brain function. When a student approached Swee with a finished exam and asked if he was ready to receive the completed test, the professor said, \u201cNo man will ever be ready for you,\u201d according to interview notes. One student who said she\u2019d heard about sexual harassment complaints against Swee told an interviewer that the professor had told students \u201che found it disgusting that men try to give women an orgasm.\u201d There were comments about male genitalia and female ejaculation, disciplinary files show. While she found Swee sincere in efforts to help her learn, the student told an interviewer that she thought her professor was \u201cstruggling\u201d and that the way he behaved was \u201ca cry for help.\u201d Swee denies saying anything inappropriate. He also says that he misses his job. \u201cTeaching is one of the most joyous and fulfilling things that I\u2019ve ever done,\u201d he says. \u201cRight now, I\u2019m still feeling crappy about the whole situation feel like I\u2019ve been maligned and treated poorly.\u201d While some students said they were uncomfortable, Warren says there is no evidence that anyone was in danger. \u201cNo one was ever in any kind of physical danger,\u201d Warren said. \u201cWe care a great deal about our students certainly would not condone this behavior in any way.\u201d Contact Bruce Rushton at [email protected] Bruce Rushton \uf0e0 Bruce Rushton is a freelance journalist. 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7,861 | Stephen B. Samerjan | University of Wisconsin – Milwaukee | [
"7861_101.pdf",
"7861_102.pdf",
"7861_101.pdf",
"7861_102.pdf"
] | {"7861_101.pdf": "Ruh v. Samerjan, 816 F. Supp. 1326 (E.D. Wis. 1993 District Court for the Eastern District of Wisconsin - 816 F. Supp. 1326 (E.D. Wis. 1993) March 1, 1993 816 F. Supp. 1326 (1993) Christine Anne RUH, Plaintiff, v. Stephen B. SAMERJAN, Professor of Art, University of Wisconsin-Milwaukee; University of Wisconsin Board of Regents; University of Wisconsin System; University of Wisconsin- Milwaukee; Katherine Lyall, president, University of Wisconsin System; Clifford Smith, former chancellor, University of Wisconsin-Milwaukee; John Schroeder, chancellor, University of Wisconsin-Milwaukee; and Martha Bulluck, former affirmative action officer, University of Wisconsin-Milwaukee, Defendants. No. 92-C-278. United States District Court, E.D. Wisconsin. March 1, 1993. *1327 Christine Anne Ruh, pro se. Nola J. Hitchcock Cross, Podell, Ugent & Cross, S.C., Milwaukee, WI, for defendant Stephen B. Samerjan. James E. Doyle, Atty. Gen. by Paul L. Barnett, Asst. Atty. Gen., Wisconsin Dept. of Justice, Madison, WI, for university defendants (i.e. all defendants except Stephen B. Samerjan and L. GORDON, Senior District Judge. Pro se plaintiff, Christine Anne Ruh, commenced this 42 U.S.C. \u00a7 1983 civil rights action on March 11, 1992 granted her leave to proceed in forma pauperis on May 8, 1992. Ms. Ruh has twice received leave to amend her original complaint. Presently before the court are two motions to dismiss her amended complaint. One of these motions has been filed on behalf of all defendants except Professor Samerjan [collectively, the university defendants separate motion to dismiss has been filed by Professor Samerjan solely on his behalf. Both motions will be granted. I. Motion to Dismiss Standard In considering the pending motions to dismiss am obligated to accept as true all factual allegations contained in Ms. Ruh's amended complaint. See Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S. Ct. 2229, 2232, 81 L. Ed. 2d 59 (1984); Gillman v. Burlington Northern R.R. Co., 878 F.2d 1020, 1022 (7th Cir. 1989). All of the defendants recognize that Ms. Ruh's complaint cannot be dismissed unless it appears \"`beyond doubt that the plaintiff can prove no set of facts in support of [her] claim[s] which would entitle [her] to relief.'\" Hughes v. Rowe, 449 U.S. 5, 10 n. 7, 101 S. Ct. 173, 176 n. 7, 66 L. Ed. 2d 163 (1980) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S. Ct. 99, 101-02, 2 L. Ed. 2d 80 (1957)). See also Wilson v. Civil Town of Clayton, Indiana, 839 F.2d 375, 378 (7th Cir.1988). Because Ms. Ruh is proceeding pro se, her complaint is entitled to a liberal construction. See Haines v. Kerner, 404 U.S. 519, 520-21, 92 S. Ct. 594, 595-96, 30 L. Ed. 2d 652 (1972); Caldwell v. Miller, 790 F.2d 589, 595 (7th Cir.1986). This is true notwithstanding the fact that she acknowledged in open court that she has had the assistance of an attorney in preparing her pleadings. II. Factual Background In her complaint, Ms. Ruh states that she first enrolled as a student at the University of Wisconsin-Milwaukee [UWM] in September 1983 and was last enrolled there in May 1986. She alleges that she became acquainted with defendant Samerjan, a professor of art at UWM, and therefore a state employee, during the autumn of 1982. Ms. Ruh alleges that she and Professor Samerjan were \"engaged in an intimate relationship\" during a period from about May 28, 1983, to November 6, 1984. At that time, Ms. Ruh was a student in the school of fine arts at UWM. In her original complaint she states that \"It is my contention that this relationship was exploitive and abusive, and that it violated Board of Regents and Policy and clauses in Prof. Samerjan's contract with the University concerning professional ethics and `moral turpitude'.\" She also charges that Professor Samerjan \"perpetrated this same and other harassing and discriminatory behaviors *1328 upon many female Art Dept. students.\" In January 1986, during her last semester of enrollment at UWM, Ms. Ruh asserts that she took two art classes taught by Professor Samerjan. She avers that: [D]efendant Samerjan would unprofessionally, inappropriately, and unfairly fail to attend a [sic] scheduled appointments, give her lower grades than plaintiff believed she deserved, and criticize and demean plaintiff in a manner that caused her personal injury; as a direct result of his conduct during this time period, plaintiff was forced to drop out of defendant Samerjan's courses on or about March 18, 1986. Defendant Samerjan's actions against plaintiff were in retaliation for prior complaints she made which were directed to him with respect to the intimate relationship between plaintiff and defendant Samerjan, including particularly a letter which plaintiff sent to defendant Samerjan during or about the fall of 1985. Ms. Ruh alleges that the letter she sent to Professor Samerjan complained about his inappropriate conduct towards her and \"how she had been injured by conduct similar to that he had used to injure other women similarly situated to plaintiff.\" Ms. Ruh next alleges that she first complained about Professor Samerjan in June 1986. She brought her complaint to the attention of Leslie Vansen, the art department chairperson. Ms. Ruh asserts that she subsequently filed a formal complaint in October 1986 with Zaida Geraldoa university affirmative action officer. Ms. Ruh charges that the complaint was unfairly and discriminatorily disposed of in January 1987 with a pronouncement by a Ms. Fawcett, a personnel director in the chancellor's office of UWM, that \"everything has been taken care of.\" Ms. Ruh adds, without detail or dates, that she \"attended a meeting including Clifford Smith, former chancellor concerning these matters.\" Ms. Ruh further alleges that in December 1987 she filed a second complaint which was submitted to the chair of UWM's sexual harassment grievance committee, Dr. Suzanne Waller. She received a response concerning this complaint from defendant Martha Bulluck which stated \"that it was determined that plaintiff's allegations did not meet the time requirements for an individual case.\" Ms. Ruh avers that she followed up on her complaints in early 1990 and received further correspondence on May 14, 1990, from Ms. Bullock, on behalf of defendant Chancellor John Schroeder, stating, again, that \"her complaint was untimely.\" Ms. Ruh asserts that during 1991 she once again complained about Professor Samerjan's behavior. She states that about June 18, 1991, she received correspondence from \"defendant Chancellor Schroeder indicating that during the relevant times, defendant Samerjan did not violate plaintiff's rights as the defendant policy did not prohibit consensual relationships between instructors and students.\" As a result of her inability to obtain a favorable resolution of her complaints from the university defendants concerning Professor Samerjan's conduct towards her, Ms. Ruh asserts that: [H]er Fourteenth Amendment rights to equal protection were violated by defendants in their failure to enforce Title regulations by wilfully losing papers pertaining to her complaints, failing to conduct timely, full, and fair investigations to resolve her complaints, by failure to maintain accurate records; utilizing inappropriate or improperly communicated procedures; etc. Ms. Ruh also avers that she has suffered negligent or intentional infliction of emotional distress as a result of Professor Samerjan's abusive behavior towards her and the university defendants' failure to respond adequately and promptly to her complaints. In her second amended complaint Ms. Ruh alleges that on October 19, 1990, Professor Samerjan read documents from her December 1987 complaint, filed with the sexual harassment grievance committee, to his colleagues at an executive committee meeting of the art department. Ms. Ruh states that she believes Professor Samerjan's act of reading her December 1987 complaint constituted \"another act of discrimination and harassment against her.\" *1329 As relief, Ms. Ruh seeks compensatory damages against all defendants jointly and severally for \"mental anguish, emotional distress and humiliation.\" She also asks for punitive damages for \"any findings of deliberate and wilful misconduct against the statutory and constitutional rights of plaintiff.\" III. The Claims for Relief Liability under 42 U.S.C. \u00a7 1983 requires \"proof that `(1) defendants acted under color of state law, (2) defendants' actions deprived plaintiff of her rights, privileges or immunities guaranteed by the Constitution, and (3) defendants' conduct proximately caused plaintiff's deprivation.'\" Volk v. Coler, 845 F.2d 1422, 1430 (7th Cir.1988) (citing Webb v. City of Chester, Illinois, 813 F.2d 824, 828 (7th Cir.1987)). Before considering the motions to dismiss believe it will be helpful to delineate the constitutional claims that Ms. Ruh seems to be setting forth in her complaint. Her claims are given numbers in this decision, but such numbers are not used in the plaintiff's pleadings. Ms. Ruh's complaint is unclear as to whether she is suing Professor Samerjan, Ms. Lyall, Mr. Smith, Mr. Schroeder and Ms. Bulluck in their official capacities or in their individual capacities. She seeks money damages, and to that extent it would appear she intends to sue these persons in their individual capacities. See Abdul-Wadood v. Duckworth, 860 F.2d 280, 287 (7th Cir.1988) (\"Given that Abdul-Wadood drafted his complaint, his claim for damages is sufficient to alert the court and the defendants that he may be suing them in their individual capacities.\"), overruled on other grounds, Wallace v. Robinson, 940 F.2d 243 (7th Cir.1991). On the other hand, \"an official capacity suit will be presumed when the indicia of an official policy or custom are present in the complaint.\" Hill v. Shelander, 924 F.2d 1370, 1373 (7th Cir.1991). Liberally construed, the plaintiff's pleadings suggest that her claims directed at the individually named defendants stem from her belief that the University of Wisconsin Board of Regents, the University of Wisconsin System and have a policy or custom of sex discrimination against women. Thus, Ms. Ruh seems to be suing the individually named defendants in their official capacities. Consequently will construe Ms. Ruh's complaint as naming Professor Samerjan, Ms. Lyall, Mr. Smith, Mr. Schroeder and Ms. Bulluck in both their official and individual capacities. Ms. Ruh's first claim [Claim # 1] appears to be that her intimate relationship with Professor Samerjan constituted sexual harassment, amounting to sex discrimination, in violation of the equal protection clause. See King v. Board of Regents of Univ. of Wisconsin System, 898 F.2d 533, 537 (7th Cir.1990); Volk, 845 F.2d at 1431; Bohen v. City of East Chicago, Indiana, 799 F.2d 1180, 1185 (7th Cir.1986). See also Doe v. Taylor Indep. School Dist., 975 F.2d 137, 149 (5th Cir.1992) (noting that although most cases of sexual harassment occur in the work place, \"there is no meaningful distinction between the work environment and school environment which would forbid such discrimination in the former context and tolerate it in the latter.\"). Ms. Ruh's next claim [Claim # 2] is that after her intimate relationship with Professor Samerjan ended, he sexually harassed her, and thus sexually discriminated against her, in violation of the equal protection clause, during the January to March 1986 period when she was enrolled in his art classes. See King, 898 F.2d at 537. Another claim [Claim # 3] concerns the October 19, 1990, incident in which Professor Samerjan allegedly read from Ms. Ruh's December 1987 complaint at an executive committee meeting of the art department. Ms. Ruh would have the court treat this claim also as one for sexual harassment amounting to sex discrimination in violation of the equal protection clause. Next, Ms. Ruh asserts a pendent state claim [Claim # 4] for negligent or intentional infliction of emotional distress stemming from Professor Samerjan's alleged retaliatory behavior towards her after their intimate relationship terminated. The above four designated claims implicate only Professor Samerjan. Ms. Ruh's remaining claims concern the university defendants. Claim # 5 charges, generally, sex discrimination violative of the equal protection clause stemming from the alleged mishandling by the university defendants of her numerous *1330 complaints about Professor Samerjan filed throughout the period from June 1986 to June 1991. Claim # 6 avers that during the same June 1986 to June 1991 period, the university defendants failed to comply with Title in that they mishandled her complaints about Professor Samerjan. Her final claim [Claim # 7] is a pendent state claim for the negligent or intentional infliction of emotional distress stemming from the alleged mishandling of her complaints by the university defendants. IV. Analysis Ms. Ruh's cause of action rests on a foundation with a variety of major weaknesses. The statute of limitations for 42 U.S.C. \u00a7 1983 actions arising in Wisconsin is Wisconsin's six- year statute of limitations for injury to character or other rights. See Kuemmerlein v. Board of Educ. of the Madison Metro. School Dist., 894 F.2d 257, 259 (7th Cir.1990); Gray v. Lacke, 885 F.2d 399, 407-09 (7th Cir.1989), cert. denied, 494 U.S. 1029, 110 S. Ct. 1476, 108 L. Ed. 2d 613 (1990). This statute provides that: An action to recover damages for an injury to the character or rights of another, not arising on contract, shall be commenced within 6 years after the cause of action accrues, except where a different period is expressly prescribed, or be barred. Wis.Stat. \u00a7 893.53 (1991-92) (emphasis added). With regard to her claim of sexual harassment against Professor Samerjan in what have referred to as Claim # 1 it is clear that such a claim is time-barred. The alleged discriminatory acts in Claim # 1 occurred between May 28, 1983, and November 6, 1984. She filed her civil rights action on March 11, 1992; thus, claims arising before March 11, 1986, are barred by the six-year statute of limitations. The plaintiff has set forth no facts in her pleadings to suggest that the statute of limitations in respect to Claim # 1 should be tolled pursuant to either the doctrine of equitable estoppel or equitable tolling. See Cada v. Baxter Healthcare Corp., 920 F.2d 446, 450-51 (7th Cir.1990), cert. denied, ___ U.S. ___, 111 S. Ct. 2916, 115 L. Ed. 2d 1079 (1991). Another weakness in the foundation of the plaintiff's cause of action relates to her failure to have alleged compliance with Wisconsin's notice of claim statute. This statute provides: [N]o civil action or civil proceeding may be brought against any state officer, employee or agent for or on account of any act growing out of or committed in the course of the discharge of the officer's, employe's or agent's duties ... unless within 120 days of the event causing the injury, damage or death giving rise to the civil action or civil proceeding, the claimant in the action or proceeding serves upon the attorney general written notice of a claim.... Wis.Stat. \u00a7 893.82(3) (1991-92). Compliance with this statute is jurisdictional and failure to give written notice to the attorney general is fatal to commencing a civil action against a state employee. Ibrahim v. Samore, 118 Wis.2d 720, 726, 348 N.W.2d 554 (1984). Still another deficiency in Ms. Ruh's claim for relief stems from the fact that her suit against the state agencies and the state officials in their official capacities for money damages are barred because states, state agencies, and state officials sued in their official capacity are not considered \"persons\" for purposes of 42 U.S.C. \u00a7 1983 and thus are not subject to liability under that statute. Howlett v. Rose, 496 U.S. 356, 365, 110 S. Ct. 2430, 2437, 110 L. Ed. 2d 332 (1990); Will v. Michigan Dep't of State Police, 491 U.S. 58, 71, 109 S. Ct. 2304, 2311, 105 L. Ed. 2d 45 (1989). Insofar as defendants Samerjan, Lyall, Smith, Schroeder and Bulluck are sued in their official capacities, the plaintiff's claims against them must be dismissed. Having alluded to some of the flaws in the plaintiffs cause of action now turn to what deem the most serious (and fatal) deficiency in Ms. Ruh's lawsuit: It simply fails to state a valid claim of sexual harassment or discrimination based on gender. At first blush it would seem that a female student, such as Ms. Ruh, who is mistreated by a male teacher at the end of a romance might have a claim for sexual harassment or discrimination. However, on closer examination, it becomes clear that the alleged misconduct of Professor Samerjan (\"inappropriate,\" \"unprofessional,\" failure to attend appointments, *1331 giving her lower grades, demeaning her) are all personal matters and are not gender related. The professor's conduct, assuming it took place, did not stem from his discriminatory action against \"women\" but, rather, is the way he ended their love affair. Therefore, Claims # 2 and # 3 also cannot survive Professor Samerjan's motion to dismiss. Ms. Ruh acknowledged that \"an intimate relationship\" with Professor Samerjan lasted almost a year and a half. There is no question but that it was a consensual matter with no suggestion in any of her three complaints that Professor Samerjan made unwelcome advances or exacted a quid pro quo from her during their affair. In King v. Board of Regents of Univ. of Wisconsin System, 898 F.2d 533 (7th Cir. 1990), the court of appeals for the seventh circuit summarized a squarely applicable ruling from Huebschen v. Dept. of Health and Social Services, 716 F.2d 1167 (7th Cir.1983), in which the sexes were reversed from the case at bar (the plaintiff was a male and the defendant was the plaintiffs female superior), as follows: [W]e found that the claim of sexual discrimination had not been proven because the plaintiff was merely a \"jilted lover;\" the defendant, a female supervisor, harassed the plaintiff not because he was a male but because he had spurned her. On this basis, we held that the defendant's actions were the result of a personal vendetta and not sexually discriminatory. .... ... [D]isparate or harassing treatment is not sexually discriminatory if there is a cause other than gender. If, as a purely personal matter, a boss and a particular employee are not compatible, it would not be sexually discriminatory to harass the employee on that basis. We echoed this them in Bohen where we stated that \"it is a good defense, however, if the employer can show that the harassment suffered by the plaintiff was directed at the plaintiff because of factors personal to her and not because she is a woman.\" 779 F.2d at 1187 (citing Huebschen). This logic clearly retains vitality: the equal protection clause does not prohibit all negative employment actions against women. King, 898 F.2d at 538-39. Ms. Ruh notes that Professor Samerjan had affairs with other women. In my opinion, this does not warrant a conclusion that his actions in regard to Ms. Ruh were abusive to women in general or to women as a class. There is also a fatal flaw existing with regard to her claims [Claims # 5 and # 6] against the university defendants. There is no support in any of the plaintiff's pleadings or in her briefs to justify a finding that the university defendants would have acted differently if a female, rather than a male, were the one charged with misconduct. The gravamen of the plaintiffs allegations relating to Claim # 5 rests in her suggestion that her complaints about Professor Samerjan were mishandled by the university defendants. However, Ms. Ruh has not set forth any facts to suggest that the university defendants intentionally discriminated against her because of her membership in a protected class. See Bohen v. City of East Chicago, Indiana, 799 F.2d 1180, 1186 (7th Cir.1986 careful examination of the plaintiff's pleading fails to disclose any suggestion that her complaints to the university defendants about Professor Samerjan's conduct were intentionally mishandled because of either party's gender. Indeed, she acknowledges that she received a response from the university defendants as to every one of her complaints. While she did not get the responses she desired, and in some cases the responses were delayed, there is nothing to support a claim of intentional sexual discrimination by the university defendants in violation of the equal protection clause. There is an additional problem with Ms. Ruh's Title claimClaim # 6 statute \"such as Title IX, which contains its own remedies and is implemented through its own procedural scheme, does not permit bypassing what Congress has written by going directly to Section 1983.\" Bougher v. Univ. of Pittsburgh, 713 F. Supp. 139, 146 (W.D.Pa. 1989), aff'd on other grounds, 882 F.2d 74 (3d Cir.1989). See also Pfeiffer v. School Board *1332 for Marion Center Area, 917 F.2d 779, 789 (3d Cir.1990); Mabry v. State Board for Community Colleges, 597 F. Supp. 1235, 1239 (D.Colo.1984), aff'd, 813 F.2d 311 (10th Cir. 1987). Therefore, irrespective of the factual deficiencies of Ms. Ruh's pleadings, she is legally barred from maintaining her Title claim as part of her 42 U.S.C. \u00a7 1983 lawsuit. With regard to the pendent state claims [Claims # 4 and # 7 have already noted the flaw stemming from the plaintiff's failure to comply with the notice of claim statute of the state of Wisconsin. Even without that basis for dismissing the pendent state claims, this court would decline to exercise such jurisdiction pursuant to 28 U.S.C. \u00a7 1367(c) (3), which provides that: The district courts may decline to exercise supplemental jurisdiction over a claim under subsection [1367](a) if ... the district court has dismissed all claims over which it has original jurisdiction. Since all of Ms. Ruh's federal claims, Claims # 1, # 2, # 3, # 5 and # 6 are to be dismissed believe that the court should also refuse to exercise jurisdiction over her two pendent state claims [Claims # 4 and # 7 conclude that both Professor Samerjan's motion to dismiss and that of the university defendants must be granted Therefore that Professor Samerjan's motion to dismiss be and hereby is granted, with costs that the university defendants' motion to dismiss be and hereby is granted, with costs that this action be and hereby is dismissed, with prejudice. 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.", "7861_102.pdf": "Professors Accused of Sexual Harassment Speak Out Posted on December 31, 2017 by Talis Shelbourne \u201cZealous to exclude the sexual from the pedagogical, many believe teacher-student relations should be neither social nor personal. Although can see that a \u2018strictly business\u2019 approach is probably the best way to guard against the sexual envision an enormous pedagogical loss from prohibiting interaction with the student as a person . . . While recognized the recently understood dangers of such liaisons was nonetheless concerned that an entire stretch of experience was being denied, consigned to silence.\u201d Distinguished Professor Jane Gallop wrote those words in a 1994 essay titled \u201cSex and Sexism: Feminism and Harassment Policy,\u201d in which she argued that being unable to sleep with one\u2019s teacher represented, as she put it, a \u201closs.\u201d Jane Gallop in 2017. Photo by Talis Shelbourne Gallop was accused of sexually harassing a graduate advisee after publicly kissing her in a crowded bar. She later used the incident to gather a conference in which she proposed the topic of whether consensual sex could rightly be considered sexual harassment, a topic which backlash forced her to change. She currently remains on campus, advising and overseeing graduate students. Yet Gallop was not the only professor to receive considerable scrutiny for her extracurricular student interactions back in what was a tense era at UW- Milwaukee. (Click here for the results of a detailed investigation into sexual harassment on UWM\u2019s campus today.) Current Emeritus Professor Stephen Samerjan, who served as the Chair of UWM\u2019s Art Department from 1989-1990, was suspended and forced to step down following accusations of sexual harassment by a student in his class named Christine Ruh. Describing himself as a man of his time, Samerjan said, \u201cWe all have an interest in making the policies clearer. The policy has changed and it\u2019s all for the good that can see.\u201d Both Gallop and Samerjan are in an especially unique position to assess an impending UW-Milwaukee policy change which would ban professor-student relationships from developing: their salacious cases of sexual harassment accusations provoked serious outcries from their accusers and made national headlines. However as their lives have continued, one accuser in particular was materially, psychologically and academically damaged. \u201cIt all sucks,\u201d said Ruh, the student who accused Samerjan of sexually harassment and sued him in district court lost everything ever owned.\u201d In the aftermath of her denied suit, Ruh lost funding and faith in the university, eventually dropping out of school. \u201cAll these people are online talking about how they can\u2019t understand why people don\u2019t come forward,\u201d she said bitterly. \u201cThis is why. This is dangerous.\u201d The proposed University of Wisconsin-Milwaukee policy change which threatens to ban the development of professor-student relationships (and supervisor- subordinate relationships) is very different from the previous policy which declared that such relationships could not be regulated and only required they be (1) disclosed to the dean and (2) without conflicts of interest from elements like grading. The Academic Staff Senate passed the provision unanimously, yet the Academic Faculty Senate and its overseeing body, the University Committee, has made a number of revisions regarding terms of confidentiality, resulting in the proposal being held in limbo. The proposed policy has highlighted the university\u2019s troublesome history of sexual harassment complaints and perhaps even exemplified the need for a change. Jane Gallop If Socratesian pedanticism were somehow \u2013 pardon the pun \u2013 inserted into a second-wave (self-proclaimed) feminist sex revolutionary, the result would be Jane Gallop. Socratesian because her style of teaching embraces a pedagogical bravado bordering on narcissism \u2013 it\u2019s no coincidence that this photo of her was taken as she was braced in a classic Socratic pose, such as the one portrayed in Raphael\u2019s School of Athens: eyes wide, mouth open, one finger poised critically towards the sky. Self-proclaimed because although feminism is generally defined by an underlying advocacy for equal gender treatment, Gallop solely ascribed the status of sexual harassment victims to women in her 1994 essay, while primarily attributing the role of harasser to men. And the smile? Jane just loves to teach. When Jane Gallop joined as a professor, the university\u2019s policy on student-professor relationships was that such relationships required (1) disclosure to the dean and (2) a removal of conflict of interest from parameters such as grading. In many of her works, Gallop said she welcomed that policy. However, she doesn\u2019t agree with banning relationships based on category. Such bans, she said, are problematic because professor- student relationships develop at different points and often exist before the professor-student relationship becomes relevant. For example, Gallop said that she graded assignments for a couple who had been together before one member decided to attend school and became the student of their partner, a professor. She even pointed out how faculty in the English department are married believe that the possibility of professor-student relationships is good,\u201d Gallop said. \u201cIt\u2019s probably ill-advised that a 19 year-old should date anyone 2-15 years older than them, but sometimes, it works.\u201d But most times, according to Billie Wright Dziech, it doesn\u2019t. Billie Dziech is a University of Cincinnati professor of English and Comparative Literature who has occasionally Photo: Amazon.com lent her expertise on professor-student relationships to cases around the country. In 1984, she wrote a book called \u201cThe Lecherous Professor,\u201d in which she discussed sexual harassment on college campuses and ways to prevent it from occurring. In her interview, she pointed to a culmination of modern science, personal experience, and statistics as the reason for her support of the proposed measure, citing four specific reasons. The power differential, students\u2019 psychological immaturity and vulnerability, the weight of professorial ranks, and the effect on students who are not romantically involved are all negative effects of allowing professor-student relationships to occur. \u201cNumber one think it\u2019s a bad idea because there\u2019s a power issue involved,\u201d Dziech explained. Dziech said she wrote the book in response to the influx of students who would come to her office, seeking guidance. Dziech said the power differential is compounded when graduate students become involved with professors for several reasons. Along with outside observers\u2019 implicit assumption that two adults closer in age have equal status, that scenario also doesn\u2019t recognize how sexual advisee-mentor relationships can be affected even when grading is removed think we have to remember that it\u2019s not only professors who have power over students, but it\u2019s also [their] friends and students can\u2019t know that,\u201d Dziech explained. \u201cIf got a dollar for every time have read a deposition with faculty members who were friends of professors who had been involved with students would be a millionaire every time heard them say don\u2019t recall\u2019 or don\u2019t remember.\u2019 That\u2019s just a fact.\u201d In addition to the challenges faced by other faculty members\u2019 conspiratorial behavior, access to recommendations, labs and equipment, grant funding, and general mentorship can be impacted when professor- graduate student relationships turn from platonic to romantic and especially when they go in the reverse direction still think the power issue is there and think that it\u2019s probably even more serious because what happens if the relationship goes sour? What happens because that kid, young woman or young man, still needs the recommendation?\u201d She asked. Sometimes, those students doesn\u2019t get them; Gallop\u2019s other complainant accused Gallop of withholding two of three recommendations as part of her sexual harassment claim. The complainant, a graduate student, said that although she wasn\u2019t sexually involved with Gallop, she felt a certain sexual tension and then a sudden drop in interest when their relationship remained professional. The student certainly could have been Gallop\u2019s type: at one point, according to an article by Lingua Franca, Gallop stood up during a graduate conference on gay and lesbian studies in 1991 and joked that graduate students \u201cmight\u201d be considered her sexual preference. Christine Ruh later spoke with Gallop\u2019s now deceased accuser Dana Beckelman on the phone. Gallop has certainly excelled at being verbally outrageous and provocative; in her remarks at the graduate conference, she specifically compared the authority differential between teachers and graduate students to the same-sex status among gays and lesbians, arguing that banning sexual relationships only drives them underground as it did for gays and lesbians. In Gallop\u2019s \u201cSex and Sexism\u201d essay, she betrayed a starkly sex-obsessed view of \u201cthe personal,\u201d a feminist method of taking an entire person into account when teaching instead of merely observing students as an empty vessel. Instead, she argued that removing the potential for sex between students and professors in pedagogical relationships removes \u201cthe personal\u201d in its entirety. Furthermore, she wrote, \u201c[I] believe that denying women the right to consent further infantilizes us, denies us our full humanity.\u201d To be clear, the proposed policy only references professors and students as categories, not genders. Still, Gallop\u2019s position hasn\u2019t changed. \u201cThe way to deal with it is not to outlaw it,\u201d she said, frown lines of disapproval deepening across her face. \u201cI\u2019m concerned when [administrators] treat students like protected classes, like children.\u201d However, Dziech pointed out that putting restrictions on adults isn\u2019t new and is typically done in their best interests. \u201cWe\u2019ve learned in the last couple of decades that the human brain is not fully mature until probably in the mid- 20s. Under that age, people still are very, very quick to make decisions and not think things through as carefully. Students who do get involved in these relationships make decisions very quickly without thinking them through, especially if they\u2019re very young [because] it may sound very flattering at the time [and think they\u2019re told, \u2018you\u2019re an adult.\u2019 Well, the science is telling us, you\u2019re not an adult.\u201d Second-year Ph candidate Dana Beckelman was anything but a child when she made her claim of sexual harassment against Gallop for failing to grade her fairly after months of flirting and mixed messages, according to Lingua Franca. Gallop, in her 40s at the time, kissed the 30-year-old student in a crowded bar with other students present. Beckelman argued to Lingua Franca that in hindsight, she found Gallop\u2019s interest in her disingenuous, experimental, and exploitative; especially since their interaction, laced with sexual innuendo, often ran hot and cold without clear expectations. Beckelman won her claim, and a letter was placed in Gallop\u2019s file following the investigation. Since that letter was put in her file, Gallop was declared a distinguished professor and now advises the graduate students she used to kiss in public \u2014 as she later admitted, nothing \u201cterrible\u201d happened to her. In her book, \u201cFeminist Accused of Sexual Harassment,\u201d Gallop said of Beckelman, \u201cHer complaint alleged that she was upset by the kiss but had been too intimidated to tell me. If she [was] upset, she showed no sign of it at the time.\u201d Gallop\u2019s 1994 essay expounded upon the idea that, as a feminist professor refusing to accept that consensual relationships could and should be considered sexual harassment, she was targeted for being out of line. \u201cI\u2019m interested in a world in which sexual harassment is taken seriously [and] sexual harassment is not about women being oversensitive,\u201d she said, echoing the sentiment more than a decade later. Gallop\u2019s hands and eyebrows flew in the air, becoming the picture of incredulity as she relayed what she believed to be her accusers\u2019 motivations. \u201cOne of them wanted me to tell her her work was good when it wasn\u2019t,\u201d she said of Beckelman, \u201cand the other wanted me to write a letter of recommendation to someone who wasn\u2019t a good student,\u201d Gallop finished, describing the other student who filed a sexual harassment complaint against her. However, Gallop did write the second complainant a letter and when asked in a Chicago Tribune article why she refused to write another two for the same student, she cited a different reason. In the article, Gallop defended her choice by stating that the school for which she wrote the one letter was the only one with a strong gay and lesbian studies program, which was the student\u2019s focus. The student said she interpreted the refusal to write the other two as retaliation for rebuffing Gallop\u2019s advances. Her complaint was ultimately dismissed don\u2019t think was treated fairly,\u201d Gallop said, shaking her head emphatically as she recounted the student outcry which rose against her at the time think that they were actually trying to harm me,\u201d she said [felt] that there was a whole atmosphere that if the students felt bad, the professor must have done something wrong. I\u2019m uncomfortable when all there is, is a feeling \u2014 I\u2019m uncomfortable with a policy where you give all the validity to the subjective feelings of someone.\u201d Gallop also added that faculty and graduate students socialize often, which means that ambiguities and mixed messages are unavoidable don\u2019t think a world exists where you can prevent all misunderstandings,\u201d she said. Nor, she said, does she believe a world exist in which such bans are enforceable. Gallop acknowledged that removing conflicts of interest is a good idea and also stated that the policy was fair for treating supervisor-subordinate positions the same way as professor-student relationships. But professors shouldn\u2019t be punished because of a student\u2019s misperception, Gallop said, describing how although students may believe professors have more power than they actually do, professors shouldn\u2019t be punished when students think they can\u2019t say no to something they can. \u201c[Feminism] is supposed to teach women that they have a right to say no and not feel bad about it,\u201d Gallop said. \u201cI\u2019m uncomfortable with harassment being based on the idea that someone feels they can\u2019t say no to someone when they can.\u201d However, Dziech said that saying no doesn\u2019t protect students experiencing from sexual harassment and/or retaliation once they choose to exercise that right. \u201cI\u2019ve talked to girls who have left professions or who left the discipline that they were training for because they just didn\u2019t want to deal with it anymore. Or they changed universities or colleges because they didn\u2019t feel like they had the courage to come forward and talk about it think we also need to think about the other kids who sit in the classroom,\u201d Dziech said, adding whether it\u2019s ever really possible for a professor to be unbiased towards a student with whom s/he is in a romantic relationship. Yet overall, Gallop concluded that, \u201cIt doesn\u2019t make sense to me to ban them.\u201d \u201cYou can\u2019t make policies to protect people from ever making mistakes,\u201d she said, \u201cwhich is different from being protected from predators.\u201d For Dziech, there is no doubt that such relationships are mistakes. However, she refused to comment on Gallop individually, stating, \u201cAs a member of the academic profession have no comment about Jane Gallop\u2019s behavior think it speaks for itself.\u201d Stephen Samerjan \u201cWhen went to school, there were uncertainties; [it was] during the \u201960s was a product of a generation for which didn\u2019t grow up with the clarity,\u201d said former Art Chair and current Associate Emeritus Professor Stephen Samerjan. Samerjan, then a chair at UWM\u2019s Fine Arts program, was suspended following sexual harassment allegations from Christine Ruh. Samerjan acknowledged having had a consensual sexual relationship with Ruh, but with the new proposed policy said, \u201cYou moot the issue of consensuality and go more directly to the point of power differential.\u201d Samerjan explicitly explained that his biggest issue with existing policies that are currently on record is their level of ambiguity regarding definitions of harassment, conflicts of interest and even the variations of those definitions among different departments. \u201cIf you were to survey [different] departments,\u201d Samerjan explained, \u201ceach of them has a different set of expectations both by the [accused] and by the party aggrieved.\u201d Samerjan went on to say the policy change seems like a wise idea, describing the new language as \u201centirely welcome think it\u2019s a good thing that the current policy has been clarified,\u201d he said don\u2019t think it lends itself to much wiggle room [and] it puts everyone on the record. It\u2019s like knowing the rules to a game,\u201d he added. In his own case, Samerjan said took responsibility for my part of the consensual description of the relationship had did not want the other party to be inconvenienced in any way,\u201d he added. If Ruh is to be believed, inconvenience was an understatement of her experience after complaining about Samerjan. In 1993, Ruh, acting pro se, filed a complaint in federal court against Stephen Samerjan, the University of Wisconsin-Milwaukee and then-governor Jim Doyle among other defendants, alleging that Samerjan conducted a campaign of sexual harassment and humiliation against her, which the university and city supported by dismissively handling her claim and failing to properly investigate. Her claim was dismissed on the basis that it wasn\u2019t gender discrimination, and Ruh claimed that she paid a hefty price for her daring. \u201cBecause of what he did to me, because came forward lost a $40,000 doctoral scholarship and my access to my education and eventually my stuff and my house.\u201d Samerjan had a different experience. Although he was forced to step down as chair and suspended as a punishment, he maintained a place at the university and has since become an emeritus professor owned my conduct never lied returned without incident,\u201d he said. Samerjan credited his decision to be honest about the accusations as the reason his discipline was not harsher. \u201cThe lie is even more powerful and a [greater] indictment of character,\u201d he said. But the new policy, he noted, \u201cgoes beyond matters of personality.\u201d But Ruh disagreed, painting a picture of Samerjam\u2019s behavior and one in which personality \u2014 specifically, a predatory personality \u2014 was at the forefront. \u201cWhat he did is . . . took you out for a date, got you in bed, made you think he would be your boyfriend or whatever, and then he dumped you,\u201d Ruh alleged. \u201c\u2026And so just dropped out of school.\u201d Christine Ruh Ruh credited her 30-year crusade as the reason for the university\u2019s change in policy. As a student, Ruh said she began documenting Samerjan\u2019s interactions and discovered a disturbing trend within the art department itself. In 1993, she sued Samerjan, the UW-System Board of Regents, UW-Systems President Katherine Lyall, Former Chancellor Clifford Smith, Chancellor John Schroeder, Affirmative Action Officer Martha Bulluck, the University of Wisconsin-Milwaukee, and the UW-System. The courtlistener.com brief described her complaint and the result: \u201cChristine Ruh appeals from the dismissal of her civil rights action filed pursuant to 42 U.S.C. Sec. 1983. In her second amended complaint, she contends that Stephen Samerjan, an art professor at the University of Wisconsin-Milwaukee (\u201cUWM\u201d), retaliated against her after she complained to him about their previous intimate relationship. Allegedly, he failed to attend scheduled appointments, gave her lower grades than she thought she deserved, and criticized her in a demeaning manner. Furthermore, she alleges that Samerjan\u2019s reading of the complaint she filed with the university to the Executive Committee of the Art Department defamed her and constituted yet another act of discrimination and harassment. The remaining defendants [hereinafter \u201cuniversity defendants\u201d] are charged with failing to investigate and process her formal complaints against Samerjan in violation of Title IX, 20 U.S.C. Secs. 1681-1688, and the Equal Protection Clause. Finally, all the defendants are charged with negligently or intentionally inflicting emotional distress upon Ruh due to their failure to address her complaints. Ruh raises four issues on appeal. Reviewing the motion to dismiss de novo, Hinnen v. Kelly, 992 F.2d 140, 142 (7th Cir.1993), we affirm.\u201d Her claim was denied for several reasons. Firstly, the statute of limitations expired on \u201cClaim #1,\u201d the relationship which occurred between 1983-84 and secondly, her claims against the state institutions were moot since state agencies cannot be sued as persons. However, of Samerjan, the judge noted in his holding: \u201cit becomes clear that the alleged misconduct of Professor Samerjan (\u2018inappropriate,\u2019 \u2018unprofessional,\u2019 failure to attend appointments, giving her lower grades, demeaning her) are all personal matters and are not gender related. The professor\u2019s conduct, assuming it took place, did not stem from his discriminatory action against \u2018women\u2019 but, rather, is the way he ended their love affair.\u201d Essentially, Ruh could not establish a pattern of gender discrimination. As the brief stated, her suit was ultimately dismissed and this dismissal was upheld on appeal. Ruh has maintained that she was treated unfairly and retaliated after the fact, for revealing the prevalence of professor-student relationships during her time as a graduate student in the art department. \u201cHalf of the people in (one department on campus) were supposedly having sex with students,\u201d she said. \u201cI\u2019m not making that up.\u201d When she brought her case against Samerjan, she went to the chair of the art department and the affirmative action office. Eventually, she sought out her Wisconsin representative at the time, Barbara Notestein. When the Department of Labor got involved from Notestein\u2019s pressure, the investigation revealed systematic discrimination of women, according to Ruh. Eventually, the labor department came down and threatened to withhold funding until the university appropriately responded to the \u201cpattern and practice of discrimination\u201d against women being implemented in the schools of Art, Business, and English, among others, as this archived article from 1993 noted. Ruh said that outcome wouldn\u2019t have been her first choice. \u201cIt punished everybody,\u201d she admitted. \u201cThe scholarship that was offered ended up getting cut, yanked, like the fellowship mean, that would not have been my solution but you have to understand that at some point, it was just happening around me. It was just about politics and money and who was involved and didn\u2019t have any control over any of it.\u201d Ruh said she was also personally persecuted as a result of her relentlessness. \u201cEverybody apologized to me. Everybody said there\u2019s nothing we can do, there\u2019s nothing we can do.\u201d Ruh said she fared worse than Gallop\u2019s accuser, Dana Beckelman. \u201cThe English department at is really a big department and Dana got picked up by people on the faculty and taken away and she got her degree and that was all taken care of.\u201d \u201cThat didn\u2019t happen to me,\u201d she said got abandoned.\u201d But in many ways, Samerjan and Gallop emerged virtually unscathed from the ordeal, with honored positions. \u201cNow he\u2019s happy in LA\u2026\u201d Ruh said. \u201cJane Gallop is going to retire with her pension intact; she\u2019s going to be a distinguished professor until she decides to retire, and nothing else is going to happen to her.\u201d \u201cUntil you know the whole backstory to all of this stuff and you have conversations with the other people in this, you don\u2019t understand how they get away with it . . . But getting rid of a distinguished professor in the department who\u2019s got that kind of connections is just impossible.\u201d Ruh kept up with Beckelman until her death, phoning her and encouraging her to continue pursuing her sexual harassment claim against Gallop. Beckelman died at the age of 48 from heart failure in Saitama, Japan where she had moved, ironically, to teach English at the university level. Ruh said their present positions, Gallop as distinguished professor and Samerjan as emeritus professor, are not appropriate. \u201cThey\u2019re also passing people around higher education in the country,\u201d she said of universities in general. \u201cSomebody gets brought up on charges and it\u2019s like the Catholic church; they just say here is a promotion and $30,000 now just go over there someplace.\u201d Her personal experiences and knowledge of others\u2019 ordeals has made Ruh concerned about the future of women at the collegiate level have concerns about this for higher education in general,\u201d she said. \u201cThere has been this tendency of higher education, where the women in higher education are losing all their brain power.\u201d Power Gallop definitely represents a women in higher education with a curriculum vitae of brain power: She has authored nine books, written dozens of articles, and been engaged in a studious role for the past 40 years. Gallop\u2019s office is located in Curtin Hall. Photo: Talis Shelbourne However, she has said that there\u2019s a distinct power differential between the media figures being exposed as sexual harassers on television and professors at universities. \u201cAll the stuff on the news, the people have an enormous amount of power. Professor-student relations have a little bit of that power,\u201d she said, arguing that more apparent power differentials occur in business. In fact, the Chicago Tribune noted how Gallop said she felt the need to continue her sexually implicit banter with Beckelman \u2013 even after they had mutually agreed to stop \u2013 to demonstrate that she was, \u201con [her] side.\u201d In the same article, however, she accused Beckelman of attempting to use her sexuality to undermine whatever professorial power she did possess. For Dziech, professorial power over students is an ever present dynamic professor always has power over a student whether he or she likes to admit it or not,\u201d she said. Samerjan described Gallop as, \u201cvery bright, an effective person and teacher. [But think ultimately what she\u2019s arguing predates the power differential,\u201d he said. Adding that he would love to be on a panel with \u201cJane,\u201d he said, \u201cThe reflection moment that we see now is highly welcome.\u201d He also pointed out what he perceived as hypocrisy between how former Senator Al Franken and Senate candidate Roy Moore were treated. \u201cAl Franken has been brought to the public\u2019s attention, owned his conduct, and paid a huge price. That seems, to me, to be highly in error. An inequity that is troublesome to me.\u201d In the academic world, Dziech said the existing threats are more powerful when they go unpunished. \u201cWe\u2019re talking about maybe 93 people never would think of doing this. We\u2019re talking about an infinitesimal number. One, two, three, maybe less than five percent. But because they\u2019re serial harassers or serial assaulters or whatever they are, the profession gets a bad name had a letter once from some guy who told me he had been sleeping with six students at the same time. Now, come on.\u201d Dziech also noted that not only is the profession of scholarship indicted as whole, the entire university\u2019s reputation can quickly lose gravitas in the competitive world of academia. \u201cThe expense of college tuition is terrible,\u201d she noted. \u201cIf you hear of an institution where this is a prolific behavior, are you going to pay?\u201d Moreover, Dziech said once students do find themselves victimized by sexual misconduct, the process of judicial or administrative recovery sometimes just isn\u2019t worth it. \u201cWhen you\u2019re a kid or a graduate student who\u2019s ready to graduate and somebody says something or does something off-the-wall or grabs you, are you going to be willing to go through all the hassle?\u201d She questioned. \u201cAre you going to have the money to take it to court to deal with it?\u201d With the proposed policy, the element of enforceability is made both easier and more difficult. On one hand, it is easier to determine whether sexual harassment has occurred between professors and students in a relationship if that relationship was prohibited in the first place. On the other hand, there is the threat that such relationships could merely be driven underground to avoid detection. Under the proposed policy, people in existing relationships who became involved in a professor-student relationship would abide by the previous rule which required (1) disclosure of the relationship to the dean and (2) a removal of conflict of interest from parameters such as grading. Dziech said that even though though such relationships can be long-term or even lead to marriage, they don\u2019t represent the typical scenario. \u201cThat\u2019s not the point. Those are individual, very rare cases. Every case I\u2019ve ever known, these are not people who just do this once or twice. It\u2019s a moral issue, it\u2019s a professional issue,\u201d she reiterated. Most students expect to fend off unwanted advances and environments when they arrive in college as undergrads, vulnerable to sexual assault, hazing, alcoholism, drug use, and other potential pitfalls of new college life. However, this quiet history reveals that even graduate students are not impervious to the fears of subordination imposed by their thesis advisors. Dziech said there is a serious impetus for this generation to improve sexual misconduct policy for the next have a granddaughter who\u2019s going to be in high school pretty soon and I\u2019m terrified when she goes off, you know; what if that happens to her? It\u2019s about protecting my kids and all those who kids who [are] like them.\u201d The proposed policy is clearly meant to represent a preventative measure. Dziech, who has kept her eye on other universities throughout the country, has said it really depends on the university. \u201cSome states try very hard think, for example, the University of California system has finally come onboard,\u201d she said, in light of recent changes they made in June of 2017. Others, Dziech said, have a long road ahead. \u201cMarco Rubio, McCaskill, [another senator] from New York, looked at what was happening at universities and they found out that many of them are not doing what they should be doing with respect to Title IX.\u201d Dziech was referencing the Campus Accountability and Safety Act, a bipartisan bill sponsored by Senator Claire McCaskill [D-MO] and introduced in 2015, which would increase penalties for universities who negligently report and/or handle sexual misconduct cases and create a competitive grant process to encourage research in the area of reducing sexual violence on campuses. As of 2017, according to the official Congressional Website, the bill hasn\u2019t been touched for two years. Dziech personally experienced a case unassociated with the UW-System which she said almost led to \u201ca breakdown,\u201d after a professor fatally shot a student in his condo. Other cases, such as the one raging through the University of Rochester have revealed an administrative failure in handling sexual harassment cases cases. Dziech also noted that attitudes permissive of professor misbehavior often trickles down into the way students relate to one another. In 2012, the released a factsheet which reported that 37.4% of the 18.3% of female students are raped in college ages and 1 in every 20 males and females are the recipients of unwanted sexual attention other than rape. The U.S. Equal Employment Opportunity Commission reported that around 12,000 sexual harassment complaints per year were made through the office from 2010 to 2016. \u201cMy impression \u2014 and it\u2019s only an impression \u2014 [of] Wisconsin is very disturbing,\u201d Dziech said. \u201cThere are other states, other university systems that seem to me, to have handled this much better. [But] it takes a long while for some systems to start looking inward. And think that what we\u2019ve seen with politics and what we\u2019ve seen now with Hollywood, will hasten that. At least hope it will,\u201d she added as an afterthought. Yet with the proposal currently at a standstill, Ruh said every student who embarks on the path to higher education is putting themselves at risk: \u201cYou\u2019re being conned; anybody who signs up for higher education and [puts] all this money into it is being conned. All of this knowledge is being drained out of our society because of people\u2019s lives being taken away. And it\u2019s horrible.\u201d\u2019 Talis Shelbourne Posted in News, Top Stories Previous: Milwaukee\u2019s Florentine Opera Brews Holiday Cheer Next: Milwaukee Fatal Bar Fight: One Punch Ended in Man\u2019s Death Media Milwaukee | Student-Powered News at UW-Milwaukee | Privacy Policy"} |
7,718 | Keith Parker | University of Georgia | [
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] | {"7718_101.pdf": "From Casetext: Smarter Legal Research Soloski v. Adams United States District Court, N.D. Georgia, Atlanta Division Mar 2, 2009 600 F. Supp. 2d 1276 (N.D. Ga. 2009) Copy Citation Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free Civil Action No. 1:06-CV-3043-MHS. March 2, 2009 *1277 1277 D. Brandon Hornsby, Office of Brandon Hornsby, Atlanta, GA, for Plaintiff. Bryan K. Webb, Law Offices of Bryan K. Webb, P.C., Athens, GA, Annette Marie Cowart, Office of State Attorney General, Atlanta, GA, for Defendants. *1290 1290 Download Check Treatmen Sign In Search all cases and statutes... Opinion Summaries Case details SHOOB, Senior District Judge *1291 The matter before the Court is the Magistrate Judge's Report Recommendation R) and plaintiff's and defendants' objections to the R. Background The Court adopts the following undisputed facts as stated in the R: This case arises out of allegations that Plaintiff made comments to a female subordinate that she considered to constitute sexual harassment. While Plaintiff acknowledges having made the alleged comments, he contends that they did not violate the University's Nondiscrimination and Anti-Harassment (NDAH) Policy and that he should not have been forced to resign from his deanship and formally sanctioned as a result of those comments. Plaintiff is a current tenured professor at, and former Dean of, the University of Georgia's Grady College of Journalism and Mass Communications. Plaintiff was hired by the University of Georgia (\"UGA\" or \"the University\") to serve as the Dean of Grady College in the Spring of 2001. During the time period, Defendant Michael F. Adams was the President of UGA. Arnett Mace was the Senior Vice President for Academic Affairs and Provost at UGA. . . . 1291 On May 18, 2005, Janet Jones Kendall (\"Kendall\"), an employee of Grady College in external affairs, presented Plaintiff with a letter complaining that he had made two comments which she contended (1) were offensive to her and (2) created a hostile work environment. Upon receiving the letter, Plaintiff immediately forwarded it to the Office of Legal Affairs (\"OLA\"), which then began an investigation of Kendall's allegations. . . . The allegations mentioned in Kendall's letter became the sole basis for an eventual finding by the that Plaintiff violated UGA's Policy. The two comments were made, respectively, seven months and one month before Kendall wrote the letter complaining about them, but shortly after her supervisor had complained of Kendall's work. Download Check Treatmen Sign In Opinion Summaries Case details There is no evidence that Kendall objected to the comments or asked Plaintiff to refrain from such comments prior to writing. There is no evidence of other comments made by Plaintiff to Kendall that she thought constituted acts of sexual harassment during the four years they worked together. Plaintiff admits making the comments referenced in Kendall's letter, but claims that they were not intended to be sexual in nature. The first comment was made on October 14, 2004, at an off-campus University dinner function. Plaintiff stated to Kendall: \"You have brown eyes don't believe I've ever noticed that before. What color are my eyes.\" (The Court will refer to this as [the] \"eyes\" comment.) Plaintiff explained to Washington during the investigation that he made the \"eyes\" comment in the context of a discussion about his recent Lasik eye surgery, and did not intend it to be a sexual advance. The second comment was made six months later at a large, off- campus event in Atlanta, the \"Capital Campaign Kickoff,\" on April 14, 2005. Plaintiff said to Kendall: \"That is a nice dress. It really shows off your assets.\" (The Court will refer to this as the \"assets\" comment.) Plaintiff contends that he did not mean the \"assets\" comment in a sexual way. Just before making the comment, Plaintiff had been talking about assets disputed in his pending divorce. From May 18, 2005 to June 29, 2005, the conducted a sexual harassment investigation into the allegations made by Kendall against Plaintiff. The complaint was assigned for investigation to Kimberly Ballard-Washington (\"Washington\"), the former Associate Director for the OLA. . . . Washington made the finding that Plaintiff violated the policy by committing sexual harassment as defined by the policy. The parties have included facts in their filings regarding several other incidents that Washington uncovered in her investigation, even though as noted above, the finding of a violation of the policy relied only on the \"eyes\" and \"assets\" comments. First, it was Download Check Treatmen Sign In Opinion Summaries Case details alleged that Plaintiff made comments to others about Kendall being pictured in a magazine published in Athens, \"Athens Magazine,\" and that Plaintiff had a copy of the magazine in his office. In the magazine, Kendall wore only a bathing suit. She was working for the College of Journalism at the time she posed for the magazine. Second, Washington was informed that Plaintiff requested that Kendall hand out awards at the Peabody Awards event, an annual function of the Grady School of Journalism. *1292 Kendall told Washington that she believed the request that she present the awards was based on her appearance, and that she had refused to do as requested. Third, Kendall told Washington that she had been told that, at a Christmas party, Plaintiff said to a group that, \"if [Kendall] was here, all this food would be gone.\" According to Kendall, as reported by her to Washington, she had also been told that Plaintiff went on to say don't know how she does that [eat so much] and keep that figure or keep that body or something of that nature, she must purge.\" 1292 On May 12, 2005, six days before she gave Plaintiff the letter containing her sexual harassment complaint, Kendall was reprimanded by her supervisor, Sherrie Whaley, for sending inappropriate emails to various people outside of the University and for her tone in dealing with Plaintiff and Whaley. . . . It was Washington's perception that prior to Kendall's making her complaint, Kendall and other employees in her department had become frustrated because supervision of them had recently increased. According to Whaley, Kendall had a \"poor attitude\" and was \"not doing her job\" around the time she made the complaint against Plaintiff. One employee interviewed by Washington, Sandy Mayfield, stated to Washington that Kendall had a \"pattern\" of filing complaints against employers in response to supervision. . . . According to Plaintiff, on June 16, 2005, Washington told him in a telephone conversation that \"they were going to find him in violation of the sexual harassment policy.\" Plaintiff assumed that Washington was referring to Mace and Adams. . . . Plaintiff claims that this telephone conversation was the first time he had any Download Check Treatmen Sign In Opinion Summaries Case details indication that he would not be exonerated of the charges of sexual harassment. Also on June 16, 2005, Plaintiff received a call from Kelly Simmons, a reporter for the Atlanta Journal Constitution (\"AJC\"). Plaintiff contends that Simmons had \"a considerable amount of the details\" regarding the investigation. On June 17, 2005, during the time that the was still investigating the sexual harassment complaint against Plaintiff, the ran an article that revealed that was investigating Plaintiff for sexual harassment. The article quoted Mace as confirming the existence of the investigation. According to Washington, UGA's policy requires that a sexual harassment allegation remain confidential until an official finding is made, and that information about an investigation not be released to the press until ten days after the official finding. It is undisputed that information about the sexual harassment complaint against Plaintiff was leaked to the press before that time, but the source of the information is unknown. After hearing from Washington and Reporter Kelly Simmons, Plaintiff contacted Mace via email; in that email, he asked whether Mace wanted him to resign his position as Dean. . . . Plaintiff contends that this email was not an offer to resign, but a means for Plaintiff to try to determine how serious Mace considered the situation. At 11:36 p.m. on June 16, 2005 . . . Plaintiff received a voicemail message from Mace, telling Plaintiff that Adams doubted his effectiveness as a dean. Plaintiff called Mace the next morning, June 17, 2005, at which time Mace told Plaintiff that he had to consider the option of resigning. Washington was in contact with Provost Mace and President Adams during *1293 the course of the investigation. Mace's involvement with the investigation began within a few days following the opening of the investigation, and he was updated on the facts of the investigation when he called Washington. While Plaintiff infers that this contact was improper, he asked Mace to find out what was happening. Further, Defendants contend that this communication 1293 Download Check Treatmen Sign In Opinion Summaries Case details conformed with common practice, because Mace served as Plaintiff's immediate supervisor. The Policy, in fact, requires the Officer to \"keep the supervisor/administrator informed of the status of the complaint and [to] seek input from the appropriate supervisor/administrator when implementing corrective action.\" The Officer is the Executive Director of the OLA, Mr. Stephen Shewmaker, and/or his designee. In this case, Washington was his designee. Nevertheless, Mace acknowledged that the Provost is not to have any role in the investigation of a potential violation of the policy; rather, the Provost's role is to act upon findings made by the OLA. Mace testified that expressing his opinion to the could compromise a sexual harassment investigation, and that if he were to make a statement to the about what should occur in such an investigation, it would put the in a difficult position because he is the number two officer at UGA. . . . Following a June 20, 2005 meeting involving the matter between Plaintiff, his attorneys, and Mace and attorneys, on or around June 21, 2005, Adams, Mace, Washington, and Steve Shewmaker, the University Director of and Washington's supervisor, participated in a telephone conversation pertaining to the status of the investigation into Kendall's complaint about Plaintiff. . . . Provost Mace told Adams during the investigation that the allegation against Plaintiff was \"serious and that there was likely to be a finding of guilt.\" . . . Adams testified at his deposition that, \" [w]hen he made me aware of the language, it sounded to me to be a violation of the policy.\" Between June 20 and 21, 2005, three meetings were held involving Provost Mace, attorneys from the University and Plaintiff and his attorneys. The sexual harassment investigation was not completed at the time of these meetings. Over the course of the meetings, Mace made four points to Plaintiff. The content of Mace's points is undisputed. His first point was that deans serve at the pleasure of the Provost and President. His second point was that he Download Check Treatmen Sign In Opinion Summaries Case details had already disclosed to President Adams that there was a potential violation of the University's Policy. Mace's third point was that Mace believed that there was a \"definite violation\" based on witnesses to the \"eyes\" comment. His fourth point was that, based on his opinion, there had been sexual harassment as defined within UGA's policy. In these meetings, there was no chance for Plaintiff to discuss the facts related to Kendall or her charge against him. Present at the first meeting were Provost Mace, Washington, Shewmaker, Plaintiff, and Plaintiff's attorneys Thomas Rogers and Thomas F. Hollingsworth III. Mace began the meeting by stating that it was a preliminary meeting and that there would be a meeting later the same day at 2:30 p.m., at which time Mace would provide Plaintiff with a letter regarding what actions Provost Mace would take in connection with the sexual *1294 harassment allegations made against Plaintiff. Mace described his options for disciplining Plaintiff were there to be a finding against him. Mace told Plaintiff that he had determined that the complaint of sexual harassment was valid. Mace then told Plaintiff that if Plaintiff resigned both his faculty position and his deanship, the case would not go forward, and no finding of sexual harassment would be made. Mace asked for Plaintiff's resignation, and Plaintiff responded that he was not guilty of sexual harassment and had no intention of resigning from his position. 1294 second meeting was held later the same day, at 2:30 p.m. Present were Mace, Washington, Shewmaker, Plaintiff, and Plaintiff's attorney Thomas Rogers. Mace began the meeting by stating that he had met with President Adams about Plaintiff, and that it needed to be clearly understood by everyone in the room that deans serve at the pleasure of the President. Mace told Plaintiff that he had disclosed to President Adams that there was a potential violation of the University's policy. Mace told Plaintiff that if he were to resign his Dean position, he would be able to retain his faculty position. Also at the second meeting, Mace read from a letter from former Provost Karen Holbrook to Plaintiff at the time he was hired as Dean. The letter contained an agreement to provide a year of Download Check Treatmen Sign In Opinion Summaries Case details *1295 paid time off after Plaintiff resigned from his deanship and before he returned to the classroom. It also addressed Plaintiff's compensation upon return to the faculty after he resigned his deanship. Mace told Plaintiff that the benefits promised in the Holbrook letter were only operative if he resigned as Dean and that the letter had no applicability if he were terminated as Dean. Plaintiff did not agree to resign his deanship at the second meeting. Instead, he asked that he have time to think about his options and to discuss the situation with his attorneys. Mace and Plaintiff agreed that the same group would reconvene the next day at 1:00 p.m. On June 21, 2005, the third meeting took place in Provost Mace's office. Present were Mace, Shewmaker, Washington, Plaintiff, and Plaintiff's counsel. . . . Mace told Plaintiff that if he were to resign immediately as Dean effective June 30, 2005, the provisions of the letter from Dr. Holbrook would be honored. Plaintiff contends that at this time, because Mace had expressed an opinion on his guilt, because Mace and Adams were involved in the investigation, and because information about the investigation had been released to the media, Plaintiff had concluded that his working conditions had become so intolerable that he had no choice but to resign or be falsely labeled a sexual harasser. Plaintiff further contends that, before he verbally resigned, Mace threatened to fire him as a faculty member without the protection of the tenure process, and that he threatened to ruin Plaintiff's reputation and academic career. On June 21, 2005, Plaintiff agreed to resign his position as Dean, under the condition that the terms of the resignation would be as set out in the Holbrook letter. Plaintiff submitted his letter of resignation on June 27, 2005. Plaintiff claims that during the third meeting with Mace, it was agreed that the University would not find Plaintiff in violation of the policy, and that everything was to write about Plaintiff would be positive. Download Check Treatmen Sign In Opinion Summaries Case details 1295 On June 29, 2005, Washington made an official finding that Plaintiff had violated the policy and issued a letter to Plaintiff to that effect found that Plaintiff's comments (the \"eyes\" comment and the \"assets\" comment) created a hostile work environment for Kendall. In determining that Plaintiff engaged in sexual harassment, Washington applied a subjective test; she asked what effect the comments had on Kendall, and found that the comments made Kendall feel uncomfortable. Defendants point out that in addition to Kendall's subjective feelings, Washington relied on Plaintiff's admission that he made the statements alleged, and also took into account the magazine statement, the Christmas Party statement, the Peabody Award issue, and the fact that Plaintiff regarded Kendall as attractive. The purpose of referencing this additional information was to give foundation to the finding and to the effect the comments had on Kendall. While the University's policy defines sexual harassment in the same way that Title defines sexual harassment, Defendants contend that \"sexual harassment\" as defined by the policy is not a legal term of art, and that there can be a finding of sexual harassment under the policy on facts insufficient to support such a finding under Title VII. Plaintiff disputes this, as do UGA's in-house lawyers. According to Washington, the University must apply the standards of Title is bound by Supreme Court and Eleventh Circuit precedent in interpreting Title as it relates to sexual harassment, and she applied Eleventh Circuit precedent when finding Soloski violated the University's sexual harassment policy. James Burns Newsome, Vice Chancellor for Legal Affairs at the Board of Regents of the University System of Georgia (\"BOR\"), \"would expect\" Eleventh Circuit case law interpreting Title to apply in Plaintiff's case. Plaintiff claims that during the three meetings held in Mace's office, there was no discussion about the law governing whether Plaintiff had committed sexual harassment. Plaintiff contends that the sexual harassment policy references Title and must be applied consistently with Title precedents. Download Check Treatmen Sign In Opinion Summaries Case details On June 29, 2005, Plaintiff was reprimanded and sanctioned by Mace by a formal letter of reprimand and an order for Plaintiff to attend sexual harassment training. This letter went into Plaintiff's permanent personnel file. On July 13, 2005, pursuant to the policy . . . Plaintiff appealed the finding that he committed sexual harassment to Adams. On July 21, 2005, Adams denied Plaintiff's appeal. It is undisputed that Adams did not examine the OLA's witness statements or investigative notes when conducting his review of Plaintiff's appeal. He recalled reviewing a letter from Plaintiff's counsel, Thomas Rogers, in which Plaintiff admits to having made the comments at issue. Adams could not specifically remember what else he reviewed, but upon considering the \"eyes\" and \"assets\" comments, Adams \"saw no basis to set aside the conclusion that had been reached.\" Additionally, Adams had discussed Plaintiff's potential resignation with Mace prior to Plaintiff's appeal, and Adams was under the impression that Plaintiff and Mace had negotiated an arrangement surrounding Plaintiff's resignation. In making his decision on *1296 Plaintiff's appeal, Adams believed he was upholding \"the agreement that seemed to have been worked out between [Plaintiff] and Dr. Mace.\" Because of this belief, Adams only took a \"cursory look\" at Plaintiff's appeal file. Adams wrote Plaintiff a letter denying his appeal which states, \"The record indicates that there were inappropriate comments made by you.\" Adams concluded that those comments, the \"eyes\" and \"assets\" comments, constituted sexual harassment under UGA's policy. 1296 On August 19, 2005, Plaintiff filed an application for review with the BOR. . . . The Office of Legal Affairs at the OLA\") is responsible for presenting applications for review in sexual harassment cases to the Organization and Law Committee for the BOR. Upon receipt of an application for review, the committee . . . can either grant a hearing or deny the application. Download Check Treatmen Sign In Opinion Summaries Case details Elizabeth Neely is the former Associate Vice Chancellor for the OLA. Neely testified that within the OLA, there were differences of opinion as to whether Plaintiff should have been granted a name-clearing hearing, and that she \"considered very seriously trying to give him a name-clearing hearing.\" Other employees believed that Plaintiff was not entitled to a hearing on the basis that he had resigned from his position as Dean rather than being removed, and that a name-clearing hearing would be an unnecessary media circus. Ultimately, the declined to review UGA's finding and Adams' decision to deny his appeal, as requested by Plaintiff. . . . In March 2005, as Dean of Grady College, Plaintiff sent a letter to Leonard Reid, offering him a higher salary in order to keep him at Grady. . . . The offer to Reid was that should he stay at Grady College, he would [receive his salary over a twelve-month period but only work nine months out of the year]. . . . Provost Mace set Plaintiff's salary at $130,015 for the 2006-2007 academic year, the year Plaintiff returned to teaching. Professor Reid's salary for the 2006-2007 academic year was $190,000. Plaintiff argues that his agreement with then-Provost Holbrook did not limit Plaintiff's salary upon return to teaching to professors on academic appointments, but included all professors in the Grady College. Further, Plaintiff contends that he did not choose to be appointed on an academic year basis, but that Provost Mace insisted that Plaintiff's letter of resignation include that language, under threat of a finding of sexual harassment. Plaintiff also alleges that treated him differently from the manner in which it treated Dwight Keith Parker, another employee who was investigated for sexual harassment. According to Plaintiff, Parker is African-American, and Plaintiff is white. Both Plaintiff and Parker were charged with engaging in sexual harassment pursuant to UGA's policy in 2005. Parker, however, was found not to have violated the sexual harassment provision of the policy. . . . Both investigations were Download Check Treatmen Sign In Opinion Summaries Case details conducted by Kimberly Ballard-Washington for the OLA. Parker and Plaintiff each have a Ph. D., and each holds the rank of Full Professor. During 2005, Parker was Associate Vice President of Academic Affairs and Associate Provost. Plaintiff was Dean of UGA's Grady College of Journalism. During Mace's tenure as Provost, Parker *1297 and Plaintiff are the only two administrators at who were ever investigated for sexual harassment under the policy. 1297 The allegation against Parker involved a trip he took with a female graduate student to attend a conference in Washington, D.C. The student alleged that during the trip, Parker first engaged in \"footsies\" with her, rubbing his feet against hers. Later, he invited the student to sleep in his hotel suite. It is undisputed that both did sleep in the same suite and that this was a violation of UGA's travel policy. The student explained to Washington that Parker again physically touched her by massaging her feet with his hand. He told her that she \"looked like she was the type of girl who liked to have fun.\" On August 23, 2005, Washington concluded that Parker's conduct did not constitute sexual harassment. Washington explained that she made this finding because Parker denied any sexual misconduct, making this incident a \"he-said-she-said\" scenario. . . . Both Parker and Plaintiff were alleged to have made sexually inappropriate comments, and to have made them off-campus. Both Parker and Plaintiff denied any sexual intent toward the respective complainants. The finding for the Parker incident was made on August 23, 2005. The finding for the Soloski incident was made on June 29, 2005. Plaintiff resigned following the investigation against him, and Parker was terminated after tendering, and then withdrawing, his resignation. Plaintiff complained to Mace and the during his meetings with Mace of June 20, 2005 that he was being treated more harshly than Parker had been because he was not African American June 24, 2004 memo alleges that a number of sexual harassment Download Check Treatmen Sign In Opinion Summaries Case details complaints had been made against Parker. . . . Parker, however, was not found in violation of UGA's sexual harassment policy. . . . On November 3, 2005, Plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission (\"EEOC\") alleging that he had been discriminated against by his employer, Defendant BOR, because of his race (White) in violation of Title VII. Plaintiff filed an Amended Charge of Discrimination with the on July 19, 2006, alleging that he had been retaliated against by the for having opposed unlawful employment practices, in violation of Title VII. On August 28, 2006, Plaintiff received a Notice of his right to sue from the with regard to his Charge and Amended Charge. According to Plaintiff, Defendants' finding against Plaintiff caused him intense feelings of embarrassment and humiliation. He testified that in academia, \"being found a sexual harasser is akin to being a pedophile.\" Plaintiff claims that during the June 20 and 21, 2005 meetings . . ., Defendants bullied and intimidated him into resignation with threats to label him a sexual harasser. Plaintiff also contends that Defendants represented to him that if he resigned, there would not be a finding that he committed sexual harassment, and that upon his resignation they would write a positive letter for him and he would not receive a formal reprimand. Plaintiff claims that he made the decision to resign in reliance on Defendants' representation that if he did, there would not be a finding of sexual harassment. *1298 Subsequently, the made the finding that he had violated the policy. 1298 R, pp. 1324-34 (internal citations and footnotes omitted). Standard Discussion I. Plaintiff's Mandamus Claim de novo 56Anderson v. Liberty Lobby, Inc.477 U.S. 242252106 S.Ct. 2505 91 L.Ed.2d 202Anderson,477 U.S. at 255106 S.Ct. 2505Id.9-6-20 unless such 1 Download Check Treatmen Sign In Opinion Summaries Case details discretion has been grossly abused.\" Tamaroff v. Cowen270 Ga. 415511 S.E.2d 159160Jackson County v. Earth Res., Inc. 280 Ga. 389627 S.E.2d 569571 1 \"All legal duties should be faithfully performed; and whenever, from any cause, a defect of legal justice would ensure from a failure to perform or from improper influence, the writ of mandamus may issue to compel a due performance, if there is no other specific legal remedy for the legal rights.\" The Magistrate Judge made the recommendation to grant plaintiff's request for a writ of mandamus under the \"gross abuse of discretion\" standard R, p. 1344.) After finding that defendants' decision to find plaintiff in violation of the policy was discretionary, the Magistrate Judge sought to determine whether defendants' actions should be overturned through mandamus as \"arbitrary, capricious, and unreasonable.\" Pruitt v. Meeks, 226 Ga. 661, 177 S.E.2d 41, 43 (1970). One such example of a gross abuse of discretion occurs where there has been \"[a] clear error in judgment or the application of an incorrect legal standard.\" Cotton v. Jackson, 216 F.3d 1328, 1332 (11th Cir. 2000). The Magistrate Judge determined that because defendants did not adhere to the legal standard laid out in the policy, they had committed a gross abuse of discretion and the OLA's finding was subject to reversal through a writ of mandamus. Specifically, the Magistrate Judge concluded: While [plaintiff] was told that he was being charged with violating the policy, which references Title VII, he was in fact investigated and found guilty *1299 under a standard completely different from the Title standard. The policy gave Plaintiff notice of the charges against him by defining sexual harassment as it is defined under Title VII. Because (and those who reviewed its decision) did not apply the policy in any way remotely consistent with Title VII, its decision was the result of a gross abuse of discretion leading to a defect of legal justice under O.C.G.A. \u00a7 9-6-20 and authorizing the issuance of a writ of mandamus to correct it. 1299 R, p. 1338. Download Check Treatmen Sign In Opinion Summaries Case details In response to the Magistrate Judge's findings, defendants argue that there was neither a clear error in judgment nor an incorrect application of the applicable legal standard by the Officer. Specifically, defendants argue that the policy includes both the definition of sexual harassment found within Title as well as further specific examples enumerated within the policy. Defendants argue that because the Officer made her determination consistent with the examples included within the policy, she did not apply an incorrect legal standard or abuse her discretion. After reviewing the University's policy and the OLA's application of the policy during its investigation of plaintiff, the Court agrees with the Magistrate Judge that the University applied the incorrect standard for evaluating whether plaintiff had engaged in sexual harassment. Defendants claim that plaintiff engaged in sexual harassment based on one of the \"[e]xamples of sexual harassment\" listed within the policy. (Def.'s Ex. 12, p. 2.) The specific example cited by defendants includes \"remarks of a sexual nature about one's clothing and/or body\" as one possible instance of \"[s]exual advances, physical or implied, or direct propositions of a sexual nature.\" (Id.) Even though plaintiff's conduct arguably falls within this example, the Court agrees with the Magistrate Judge that the example cannot be read independently of the policy's entire definition of sexual harassment. The policy's definition of sexual harassment is defined \"[p]ursuant to Title of the Civil Rights Act of 1964 and Title of the Educational Amendments of 1972.\" (Id.) Under a plain reading of the first sentence of the policy's definition of \"sexual harassment\" and because defendants fail to present another explanation for the policy's reference to Title and Title XI, the Court finds that the only reasonable conclusion to reach is that the policy intended to incorporate the definition of \"sexual harassment\" under Title of the Civil Rights Act of 1964, including any interpretations applied by the United States Supreme Court and the Eleventh Circuit Court of Appeals. Further, because the policy does not suggest that its definition of \"sexual harassment\" extends beyond the definition under Title VII, the provided examples of sexual harassment cannot be considered independent of the way in which \"sexual harassment\" is defined under Title VII. Rather, the examples only provide a clarification Download Check Treatmen Sign In Opinion Summaries Case details of the types of behaviors that would be prohibited so long as they violate Title VII. The Court's and the Magistrate Judge's conclusion is supported by the testimony of lawyers at the and the BOR. In his deposition, James Burns Newsome, Vice Chancellor for Legal Affairs with the BOR, agreed with the statements that he \"would expect Eleventh Circuit case law to apply to any interpretations of sexual harassment in the context of a sexual *1300 harassment case in Georgia,\" (Newsome Depo. p. 58), that all sexual harassment cases at Georgia universities \"have to be considered against the backdrop of Title and the federal case law, (Id. p. 98), and that \"the University of Georgia has to apply Title to any allegation of sexual harassment.\" (Id. p. 99.) Similarly, Kimberly Ballard-Washington, the attorney who conducted the investigation of plaintiff at the OLA, agreed with the statement that \"the University has to apply the standards of Title VII,\" (Ballard-Washington Depo. p. 118), and that she needed \"to be aware of how the 11th Circuit construes Title in applying the University's policy.\" (Id. at 120.) Thus, the testimony of Newsome and Ballard-Washington establishes that it was reasonable for members of the University's legal team as well as employees of the University acting in reliance on the policy to believe that under the policy, \"sexual harassment\" was defined consistent with its interpretation under Title VII. 1300 Even though the Court recognizes the role of the policy in \"plac[ing] individuals on notice that harassment of any sort, by any person whether employee, student, or visitor will not be tolerated on the campus and will be met with disciplinary action where found and when appropriate\" (Def.'s Objections to R, p. 10), the Court also recognizes the necessity of providing those who rely on the policy with guidance as to what constitutes \"harassment.\" As such, the Court agrees with the Magistrate Judge that \"those charged under the [NDAH] policy have a right to notice of the standard under which they will be judged R, p. 1339.) Therefore, were the Court to accept defendants' argument and permit the University to use its own uninhibited discretion, the policy, as currently written, would allow for a wide range of behavior that is not actionable under Title to be classified as sexual harassment. By punishing anything the University considers to be \"remarks of a sexual nature about one's clothing and/or Download Check Treatmen Sign In Opinion Summaries Case details body\" without any further limitation or any requirement that a complaint be objectively reasonable, the University would effectively be operating without any limiting standard on its discretion and \"those subject to the policy would be unable to govern their conduct in accordance with the expectations set by it, and would be subject to arbitrary enforcement R, p. 1340.) While wide discretion would not necessarily be prohibited and, based on the policy reasons laid out by defendants in their objections to the R, may even be advantageous in many circumstances, the Court finds that the current policy must be read according to its plain meaning, which limits disciplinary conduct to that which would impose liability under Title VII. If defendants desire to encompass more behavior under their definition of sexual harassment, they must not explicitly state that their definition is derived from Title VII. Accordingly, in determining whether defendants abused their discretion in the course of their investigation, the Court will apply a definition of sexual harassment consistent with Supreme Court and Eleventh Circuit Title jurisprudence. In order to establish a prima facie case of a Title claim for a hostile work environment based on sexual harassment, an employee must show: \"(1) the employee belongs to a protected group . . .; (2) the employee was subject to unwelcome sexual harassment . . .; (3) the harassment complained of was based upon sex . . .; [and] (4) the harassment complained of affected *1301 a `term, condition, or privilege' of employment.\" Henson v. City of Dundee, 682 F.2d 897, 903-05 (11th Cir. 1982) (quoting Rogers v. EEOC, 454 F.2d 234, 238 (5th Cir. 1972)). 1301 Under the fourth element, a plaintiff in a Title action must show that his or her work environment was \"permeated with `discriminatory intimidation, ridicule, and insult' that is `sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment.'\" Harris v. Forklift Sys., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) (quoting Meritor Sav. Bank v. Vinson, 477 U.S. 57, 65, 67, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986)). Whether discrimination has rendered a work environment hostile or abusive is determined by the totality of the circumstances, including factors such as \"the frequency of the Download Check Treatmen Sign In Opinion Summaries Case details discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance.\" Harris, 510 U.S. at 23, 114 S.Ct. 367. Finally, when determining whether the harassing conduct was sufficiently severe or pervasive, courts must review the factors enumerated in Harris from a subjective and an objective perspective. Under the latter analysis, the court must find that the work environment was hostile or abusive from the perspective of a reasonable person. Mendoza v. Borden, Inc., 195 F.3d 1238, 1246 (11th Cir. 1999). In his analysis of whether plaintiff's conduct was sufficiently severe or pervasive to affect a term, condition, or privilege of employment, the Magistrate Judge concluded: [T]here is no judicial authority that this Court is aware of that would suggest that Plaintiff's conduct came anywhere near creating a hostile work environment for Kendall. In fact, Defendants cited no evidence in their finding of sexual harassment or in Adams' letter denying Plaintiff's appeal that could possibly amount to sexual harassment under any legal standard R, p. 1341. The Magistrate Judge added that the incorrectly omitted any analysis of whether Kendall's complaints were objectively reasonable. Defendants counter by asserting that under factors established by the Policy Guidance on Current Issues of Sexual Harassment, it was not unreasonable for the to determine that the comments by plaintiff resulted in a hostile or offensive work environment. 2 2 See generally Policy Guidance on Current Issues of Sexual Harassment, Number N-915-050, March 19, 1990, available at [hereinafter Manual\"]. In determining whether the OLA's determination constituted an abuse of discretion, this Court uses the factors laid out by the Supreme Court in Harris. Defendants' reliance on the factors established by the in its 1990 policy guide are not persuasive for several reasons. First, the Download Check Treatmen Sign In Opinion Summaries Case details Manual itself acknowledges the limits of a hostile environment Title claim. The Manual notes that \"[i]n determining whether unwelcome sexual conduct rises to the level of a `hostile environment' in violation of Title VII, the central inquiry is whether the conduct `unreasonably interfer[es] with an individual's work performance' or *1302 creates `an intimidating, hostile, or offensive working environment.'\" The manual goes on to note that \"sexual flirtation or innuendo, even vulgar language that is trivial or merely annoying, would probably not establish a hostile environment.\" Finally, in discussing the standard for evaluating harassment, the manual notes that \"if the challenged conduct would not substantially affect the work environment of a reasonable person, no violation should be found.\" 1302 Aside from the language within the Manual, the version of the manual quoted by defendants was written three years before the Supreme Court elaborated on hostile work environment claims under Title in Harris. Thus, the Supreme Court's decision in Harris would supercede any agency interpretation of existing Title law created prior to the Supreme Court's decision. However, as in the Manual, the Court in Harris noted the difficulty of establishing a hostile work environment claim, stating that the \"`mere utterance of an . . . epithet which engenders offensive feelings in a employee' does not sufficiently affect the conditions of employment to implicate Title VII.\" Harris, 510 U.S. at 21, 114 S.Ct. 367 (quoting Vinson, 477 U.S. at 67, 106 S.Ct. 2399). Applying the Harris factors, this Court finds that the abused its discretion by finding that plaintiff had engaged in sexual harassment. Under the first factor, \"frequency of the discriminatory conduct,\" id. at 23, 114 S.Ct. 367, Kendall's complaint was based on two separate comments that occurred six months apart from each other. As such, the Court agrees that \"the paucity of the comments here precludes a finding that the workplace was `permeated with discriminatory intimidation, ridicule, and insult R, p. 1341.) Under the second factor, the severity of the discriminatory conduct, plaintiff's actions do not appear to be severe under an objective analysis. Even though the \"assets\" comment could conceivably be in reference to Kendall's physical appearance under an objective analysis, plaintiff's \"eyes\" Download Check Treatmen Sign In Opinion Summaries Case details comment would not be characterized as severe by any objectively reasonable person. Even though the also considered plaintiff's possession of a magazine with Kendall posing in a swimsuit and plaintiff's accompanying statement that \"that is why we hired her,\" plaintiff's comments about Kendall's body at a holiday function insinuating that she was bulimic, and plaintiff's request for Kendall to be a presenter at the Peabody Awards, the first two additional incidents cannot be characterized as severe because they did not involve direct confrontations between plaintiff and Kendall, but rather were comments supposedly made by plaintiff to third parties. Further, even Ballard-Washington agreed with the statement that \"it would be reasonable for people to comment on\" plaintiff's picture in a swimsuit, (Ballard- Washington Depo., p. 74). Similarly, the third additional incident, in which Kendall was requested to be a presenter at the Peabody Awards, was only subjectively interpreted by Kendall to reference her appearance, was actually made to Kendall by an individual other than plaintiff, and would not, in itself, be considered \"severe\" under any objectively reasonable analysis. Further, the subjective \"severity\" of these additional incidents is called into question by the fact that Kendall did not even reference them in her complaint regarding plaintiff's behavior. Under the third Harris factor, \"whether [plaintiff's conduct] is physically threatening *1303 or humiliating, or a mere offensive utterance,\" id., all of plaintiff's alleged behavior would be properly classified as, at most, \"offensive utterances.\" At no time did plaintiff act in a manner that was physically threatening or humiliating. 1303 Finally, under the fourth Harris factor, \"whether [plaintiff's conduct] unreasonably interferes with an employee's work performance,\" id., the presented no evidence that Kendall's work performance was impaired by plaintiff's conduct. Based on a review of these factors, the Court concludes that an objectively reasonable person would not conclude that plaintiff's conduct created a hostile work environment for Kendall. OLA's finding to the contrary is explained by the fact that it is not clear that the Office conducted a full objective inquiry. Even though in its Letter of Determination the Download Check Treatmen Sign In Opinion Summaries Case details stated \"it was reasonable . . . for the complainant to believe that sexual advances were being directed towards her,\" (P. Appx. C. 66), the reached this determination in a conclusory manner, merely stating that \"the evidence suggest[ed]\" (Id.) such a finding without any further analysis. Moreover, Ballard-Washington's use of any objective analysis is called into question by the fact that she \"believe[d] that the determination of whether a sexual advance was being made or not made should be viewed from the perspective of the complainant.\" (Ballard-Washington Depo., p. 46.) In the final portion of its discussion regarding plaintiff's request for a writ of mandamus, the determines that the OLA's failure to apply the appropriate legal standard during its investigation was arbitrary, capricious and unreasonable and, accordingly, constituted an abuse of discretion. Specifically, the Magistrate Judge notes that \"it is a gross abuse of discretion to find one guilty of sexual harassment under a policy that incorporates Title without at least going through the motions of applying the facts of a case to the well understood Title law R, p. 1341.) Citing Campbell v. Fulton County Bd. of Regist. Elec., 249 Ga. 845, 295 S.E.2d 80 (1982), the Magistrate Judge determined that the OLA's failure to comply with the standard justified granting plaintiff's request for a writ of mandamus requiring defendants to rescind their findings and to expunge their records of all findings that plaintiff violated defendants' sexual harassment policy. In response, defendants list a series of reasons why the OLA's interpretation of the policy was not an abuse of discretion, none of which this Court finds persuasive. Defendants first argue that \"the [Magistrate] Judge does not provide any law or authority which would establish or address what language is required to [put] Plaintiff on notice that intends to and would find Plaintiff's admitted actions violative of the policy.\" (Def.'s Resp. to R, p. 11.) However, the Court need not instruct defendant on how to rewrite their policy to cover the conduct at issue. It is only necessary for the Court to determine whether it was an abuse of discretion to find that the conduct was covered by the current policy as written by the University. Defendants next argue that it is impossible to find a gross abuse of discretion where \"there is no case law cited which explains what might be required [within the policy] beyond the inclusion of specific examples of Download Check Treatmen Sign In Opinion Summaries Case details conduct.\" (Def.'s Resp. to R, p. 12.) However, defendants' claimed lack of guidance concerning the appropriate *1304 standard to follow is undermined by the fact that Ballard-Washington believed that, as an investigator for the OLA, she was required to apply interpretations of Title from the Supreme Court and the Eleventh Circuit Court of Appeals. See supra pp. 1299-1300. These self-imposed guidelines provided a limit to the OLA's discretion. 1304 Defendants next contend that the R, if upheld, would require the University to find behavior that was sufficiently severe and pervasive to establish liability under Title before the University could subject any employee to discipline for sexual harassment. Defendants argue that this undermines the preventative purpose of sexual harassment policies, as understood by the Supreme Court and the EEOC. (Def.'s Resp. to R, pp. 12-13.) Once again, the Magistrate Judge correctly reached his conclusion based on a reasonable reading of the language of the University's policy that was chosen by the University. The University is under no legal obligation to define sexual harassment consistent with Title VII. However, the University must clearly express the scope of behavior that would subject an individual to discipline or else it risks violating that individual's right to procedural due process. Accordingly, the Magistrate Judge's ruling is merely a determination that once the University sets a standard for its sexual harassment policy, whatever that may be, the University is then required to abide by that standard. Lastly, defendants argue that the Court should not solely base its decision on the policy's one-sentence reference to Title and Title because that decision runs contrary to the rationale behind the policy. However, it would be fundamentally unfair to permit the University to discipline an employee for behavior that falls outside the scope of the University's written sexual harassment policy. Because a plain reading of the policy would only put employees on notice that they were subject to discipline for behaviors that would result in liability \"[p]ursuant to Title VII\" (Def.'s Ex. No. 12, p. 2), disciplinary action for any behavior that would not result in Title liability is beyond the scope of the University's discretion under the current policy. Download Check Treatmen Sign In Opinion Summaries Case details Because the Officer conducted its review of plaintiff's sexual harassment allegation using an improper standard and subsequently disciplined plaintiff based upon that improper investigation, this Court adopts the R's finding that defendants have abused their discretion. Accordingly, this Court adopts the R's recommendation to grant plaintiff's request for a writ of mandamus rescinding defendants' findings and expunging from defendants' records any indication that plaintiff violated the University's sexual harassment policy. However, the Court also adopts the R's recommendation that affirmative publicity of the writ of mandamus should not be ordered at this time. II. Breach of Contract In Count of plaintiff's fourth amended complaint, plaintiff alleges that defendants deprived him of his rights to procedural due process by terminating his deanship and by finding that he was in violation of the University's policy without granting him a name-clearing hearing. Plaintiff alleges that his right to procedural due process arises under both the United States Constitution and under the contractual terms of his \"Contract for Faculty Ranked Administrators.\" *1305 In his R, the Magistrate Judge recommended that summary judgment be granted for defendants on Count because plaintiff's contractual right to due process was terminated at the time he resigned from his position as Dean of Grady College, because he lacked a protected property interest in his deanship position, and because there was no \"deprivation\" of a property interest where he resigned from his position as dean. 1305 A. Contractual Due Process The Magistrate Judge first addressed plaintiff's claim for denial of contractual due process. In his claim, plaintiff asserts that his deanship contract \"is made expressly subject to the applicable . . . bylaws and policies of the Board of Regents.\" (Def.'s Ex. 1.) In turn, \u00a7 802.17 of the Policy Manual provides that \"[s]exual harassment of employees or students in the University System is prohibited and shall subject the offender to dismissal or other sanctions after compliance with procedural due process requirements.\" (Pl.'s Br. in Supp. of Pl.'s First Mot. for Summ. J., App. C.5.) Plaintiff contends that when defendants threatened him with termination as dean, Download Check Treatmen Sign In Opinion Summaries Case details placed a formal letter of reprimand in his personnel file, and required him to attend sexual harassment training, they violated the procedural due process requirements guaranteed to him by the Policy Manual. The Magistrate Judge's recommended against finding a breach of contract or a deprivation of due process because plaintiff had resigned his position as dean prior to the imposition of any sanction. The Magistrate Judge determined that, because plaintiff had made the decision to resign as dean in order to retain his position as a faculty member at Grady College and to receive financial benefits promised to him by former Provost Karen Holbrook, plaintiff had made a voluntary decision to terminate his rights under the terms of his deanship contract with the University. Therefore, the Magistrate Judge determined that all of his remaining \"contractual rights were as agreed upon in his settlement, not his deanship contract R, p. 1345.) Plaintiff objects to the Magistrate Judge's findings by asserting that jury questions exist regarding (1) whether defendants breached their contract by denying plaintiff due process prior to his resignation; (2) whether plaintiff's resignation was involuntary and, as a consequence, whether plaintiff's contractual guarantee of due process remained operative; and (3) whether a voluntary resignation would necessarily terminate plaintiff's contractual right to due process. Under plaintiff's first objection, plaintiff claims that the decision to sanction plaintiff and dismiss him from his deanship position occurred prior to his resignation as dean. Plaintiff specifically alleges that Ballard-Washington, the investigator of plaintiff's alleged violation of the policy, commented to plaintiff while the investigation was ongoing that she would likely find him in violation of the policy. Further, plaintiff alleges that on June 20, 2005, seven days prior to plaintiff's formal resignation as dean, Mace told plaintiff that he would provide him with a letter that day \"finding that Plaintiff had committed sexual harassment and setting forth the disciplinary action to which Plaintiff would be subject.\" (Pl.'s Second Statement of Material Facts Not in Genuine Dispute, \u00b6 103.) As a result of this premature determination, plaintiff claims that the purpose of the meetings with Mace *1306 and members of the on June 20-21, 2005, 1306 Download Check Treatmen Sign In Opinion Summaries Case details concerned the terms of his possible resignation or termination as dean. Based on these facts, plaintiff asserts that the decision to sanction and dismiss him preceded his resignation as dean and, therefore, he should have been afforded all of the procedural due process protections guaranteed to him under his deanship contract. This Court does not find plaintiff's objection persuasive. According to the Policy Manual, plaintiff, as dean, was afforded the requirements of due process for \"dismissal\" or \"other sanctions.\" (Pl.'s Br. in Supp. of Pl.'s First Mot. for Summ. J., App. C.5.) Accordingly, plaintiff would only be entitled to due process if he were dismissed or sanctioned prior to his resignation. None of plaintiff's allegations establishes that he was subject to either dismissal or sanction prior to his June 27, 2005 resignation as Dean of Grady College. Ballard-Washington's early statement that plaintiff likely would be found in violation of the policy can not be reasonably construed as either a dismissal or a sanction, but rather as a prediction. Similarly, Mace's letter on June 20, 2005, detailing likely punishments for plaintiff in connection with the sexual harassment allegations was still conditioned on a final finding by the OLA. Such a prediction of possible punishments pending a final report is neither a dismissal nor a sanction. Rather, Mace's statements were made as part of a process of negotiation in which plaintiff was enticed to resign so that a dismissal or other serious sanction could be avoided, alleviating the need to provide plaintiff with his contractually guaranteed rights to procedural due process. Plaintiff even admitted during his deposition to the non-conclusive status of the investigation against him at the time of his resignation, noting that \"the investigation wasn't complete.\" (Soloski Depo., pp. 63-64.) Because no official finding had been made regarding whether plaintiff had violated the policy and because plaintiff had not yet been subject to dismissal or sanction, it is irrelevant that \"it was a certainty that Plaintiff would be terminated for sexual harassment if he did not resign his deanship.\" (Pl.'s Objections to R, p. 7.) Without any formal dismissal or sanction, plaintiff cannot establish that he was deprived of a property interest on June 20 and June 21, 2005. Accordingly, it was impossible for defendants to have any liability for breaching plaintiff's contractual rights Download Check Treatmen Sign In Opinion Summaries Case details during that time period. Rather, it was the mere fact that plaintiff resigned prior to any dismissal or sanction, not the reason behind the resignation, that is determinative of the fact that plaintiff waived any due process protections to which he would have otherwise been entitled under his deanship contract. Because plaintiff's resignation occurred prior to his sanction by the University, plaintiff would have to establish that the resignation was somehow involuntary in order to show that his contractual rights to procedural due process were not waived. Plaintiff has attempted to do this by claiming that his resignation was, in fact, a \"constructive discharge\" from his position as dean. To prove constructive discharge in the context of Title VII, a plaintiff must show that his \"working conditions were so intolerable that a reasonable person in [his] position would be compelled to resign.\" Kilgore v. Thompson Brock Mgmt., Inc., 93 F.3d 752, 754 (11th *1307 Cir. 1996) (quoting Steele v. Offshore Shipbuilding, Inc., 867 F.2d 1311, 1317 (11th Cir. 1989)). For a constructive discharge to be shown, there must be a \"high degree of deterioration in an employee's working conditions, approaching the level of `intolerable.'\" Hill v. Winn-Dixie Stores, Inc., 934 F.2d 1518, 1527 (11th Cir. 1991). In the Eleventh Circuit it is extremely difficult to establish a constructive discharge resignation will be considered voluntary even where the only alternative to resignation is possible termination for cause, criminal charges, or other unpleasant alternatives \"because the fact remains that [the] plaintiff had a choice . . . [to] stand pat and fight.\" Hargray v. City of Hallandale, 57 F.3d 1560, 1568 (11th Cir. 1995) (quoting Christie v. U.S., 207 Ct. Cl. 333, 518 F.2d 584, 587 (1975)). 1307 When assessing whether a constructive discharge has occurred, the Court must determine whether a reasonable person in the plaintiff's position would feel compelled to resign under the circumstances. Doe v. Dekalb County Sch. Dist., 145 F.3d 1441, 1450 (11th Cir. 1998) (quoting Steele v. Offshore Shipbuilding, Inc., 867 F.2d 1311, 1317 (11th Cir. 1989)). In Hargray, the Eleventh Circuit established five factors to consider when determining whether a resignation was obtained by coercion or duress. These factors are: Download Check Treatmen Sign In Opinion Summaries Case details Hargray, 57 F.3d at 1568. When assessing these factors, courts are instructed to consider the totality of the circumstances. Id. (1) whether the employee was given some alternative to resignation; (2) whether the employee understood the nature of the choice he was given; (3) whether the employee was given a reasonable time in which to choose; (4) whether the employee was permitted to select the effective date of the resignation; and (5) whether the employee had the advice of counsel. In the Magistrate Judge's R, he failed to find a constructive discharge of plaintiff from his position as Dean of Grady College. The Magistrate Judge determined that plaintiff resigned his position by choice and that \"[h]is available alternative was to wait until the investigation findings were made, contest them with the Provost if adverse, and invoke his contractual due process rights if sanctions were imposed R, p. 1346.) The Magistrate Judge noted that by resigning, plaintiff benefitted by guaranteeing his continued employment as a faculty member at Grady College and by receiving certain salary guarantees promised to him by former Provost Karen Holbrook in the event he stepped down from his administrative position. Applying the Hargray factors, the Magistrate Judge determined that plaintiff's resignation was voluntary because of his alternative option to remain in his position and contest the charges against him under his contractual due process protections, the fact that he understood the nature of the choice before him, the one day period plaintiff was granted to consider his available options, his ability to make the effective date of the resignation several days after the agreement was reached, and his ability to receive the advice of counsel concerning his resignation decision. In tandem, the Magistrate Judge found, these factors established that plaintiff Download Check Treatmen Sign In Opinion Summaries Case details \"was not `constructively discharged' as a matter of law, and his resignation terminated his deanship contract R, p. 1347.) Plaintiff objected to the R's recommendation by putting forth evidence *1308 that plaintiff believes establishes that he was coerced into resigning by Provost Mace. This Court finds that none of plaintiff's objections support a finding that a genuine issue of material fact exists concerning whether plaintiff's resignation was voluntary. 1308 Plaintiff first argues that it was an absolute certainty that he would be terminated and would not receive the salary benefits promised to him in the letter from Provost Holbrook if he did not resign as dean. This Court, however, agrees with the Magistrate Judge that any finding by the University that would result in plaintiff's sanction or termination would trigger his contractual due process rights in the event he did not resign as dean. As such, his ability to \"stand pat and fight,\" Hargray, 57 F.3d at 1568 (quoting Christie, 518 F.2d at 587), provided an alternative to his resignation, making his resignation a choice. Further, the fact that the University would not award him the salary benefits promised by former Provost Holbrook if plaintiff was terminated did not constitute an intimidation tactic by the University, but rather was consistent with the language within Holbook's letter, which only promised plaintiff certain salary concessions in the event he \"wish[ed] to step out of [his] administrative role and return to [his faculty position].\" (Def.'s Ex. 7.) Holbrook's use of the term \"step out\" implies a voluntary recusal and does not contemplate plaintiff's forced removal from his position. Plaintiff next argues that the Magistrate Judge incorrectly accepted defendants' argument that the financial incentive of the Holbrook letter was determinative of the fact that plaintiff's resignation was voluntary. Rather, plaintiff argues that viewing all undisputed facts in the light most favorable to plaintiff, the evidence establishes that plaintiff resigned due to the threat of being terminated from his position and being labeled as a sexual harasser. Even if this Court accepts that plaintiff resigned from his position as dean because of fear of being removed and becoming known as a sexual harasser, plaintiff's resignation would still be \"voluntary\" under Eleventh Circuit precedent because \"the mere fact that [plaintiff] was forced to choose Download Check Treatmen Sign In Opinion Summaries Case details between two inherently unpleasant alternatives does not in itself mean that his resignation was submitted under duress.\" Hargray, 57 F.3d at 1569. Plaintiff's third argument for a constructive discharge is that he did not have the option of \"waiting for the findings to be made and contesting them with the Provost if adverse R, p. 1346), or \"invoking his contractual due process rights if sanctions were imposed,\" (id.), because an adverse finding in the sexual harassment investigation by the was a stated certainty. Because the sanctions were not imposed prior to plaintiff's resignation, however, plaintiff's statement that he would have been unable to invoke his contractual due process rights if sanctions were imposed is merely a hypothetical assertion that is based on speculation and not fact. Further, even though plaintiff may have felt that he would not be able to contest the findings of the investigation with Provost Mace because Mace was under the impression that plaintiff had engaged in sexual harassment, Mace's potential bias does not mitigate the voluntariness of plaintiff's decision because plaintiff still had the option of invoking his contractual due process rights by appealing the disciplinary decision to President Adams and, failing that, to the Board of Regents. See R, pp. 1331-32 (outlining plaintiff's *1309 appeals process following adverse determination in investigation). 1309 Plaintiff's fourth objection regarding a constructive discharge is that Mace's statement on June 21, 2005, that \"if Dr. Soloski did not immediately resign as dean, the University would not honor Dr. Soloski's employment contract as outlined in the letter from Dr. Holbrook,\" (Pl.'s Objections to R, p. 11), was an attempt to coerce plaintiff and mitigated the voluntariness of his decision to resign. Mace's demand that plaintiff resign \"immediately,\" however, is insufficient to create a constructive discharge in the Eleventh Circuit. Notwithstanding Mace's statement, immediately following their meeting plaintiff's \"attorneys and [plaintiff] met in a separate room for a while,\" (Soloski Depo., p. 63), before plaintiff made the decision to resign. This Court finds that the interaction between Mace and Soloski involved substantially less coercion than the types of cases that the Eleventh Circuit has cited as examples of constructive discharges. For example, the D.C. Circuit Court of Appeals only found a constructive discharge \"where the employee was told he had to sign a resignation letter before he left the Download Check Treatmen Sign In Opinion Summaries Case details supervisor's room.\" Hargray, 57 F.3d at 1570 (citing Paroczay v. Hodges, 297 F.2d 439 (D.C. Cir. 1961)). Similarly, the Eighth Circuit Court of Appeals only found a constructive discharge where the employee was \"not permitted to leave the interrogation room without first signing a resignation form.\" Id. (citing Angarita v. St. Louis County, 981 F.2d 1537 (8th Cir. 1992)). Because Mace's behavior was much more accommodating than that of the employers in Paroczay and Angarita, this Court finds that Mace's efforts to encourage plaintiff to resign did not amount to coercion sufficient to create a constructive discharge. Plaintiff next argues that he resigned due to defendants' threats to falsely label him a sexual harasser if he continued his employment with the University. Notwithstanding plaintiff's allegation, none of the defendants openly promised to \"falsely\" label plaintiff a sexual harasser. Accordingly, plaintiff could only establish a constructive discharge under this statement if defendants' efforts to find plaintiff guilty of sexual harassment were part of an effort to procure plaintiff's resignation through misrepresentation or, alternatively, Mace's threat was found to be sufficiently coercive. To establish that Mace was attempting to make a deliberate misrepresentation, plaintiff would have to establish that defendants reasonably should have known that there was no prospect that plaintiff had violated the University's policy. See Hargray, 57 F.3d at 1570 (outlining analysis for resignations obtained by misrepresentation). Plaintiff cannot establish that it was unreasonable for Mace to believe that plaintiff was in violation of the policy. As the Provost, Mace was not supposed to have any role in the investigation of a potential policy violation. Rather, Mace's role was limited to \"act[ing] upon the findings of the investigation.\" (Mace Depo., p. 27.) Accordingly, Mace acted reasonably by relying upon the statements by members of the concerning the investigation and in conveying OLA's likely findings to plaintiff. Even though the may have abused its discretion during the course of the investigation, see supra pp. 1298-1304, Mace was entitled to rely on the OLA's determination without further inquiry. Therefore, it was objectively reasonable for Mace to believe that plaintiff had engaged in sexual harassment and his attempts to provide plaintiff with a realistic assessment Download Check Treatmen Sign In Opinion Summaries Case details of the *1310 outcome of the investigation did not constitute an effort to procure plaintiff's resignation by misrepresentation. 1310 Just as Mace's comment did not constitute a misrepresentation, the Court also finds that Mace's comment did not constitute sufficient coercion to create a constructive discharge. Rather, Mace's \"threat\" was an acknowledgment of the reality that an finding that plaintiff had violated the policy would necessarily become public knowledge due to the state's open records laws, a point that was conceded by plaintiff during his deposition. See Soloski Depo., p. 59 (admitting that \"if there was an allegation and there was an investigation and if . . . [the University] was asked for it, they would be bound by law to release the information\"). Plaintiff next contends that a constructive discharge occurred because plaintiff was unable to consult with his attorneys about his decision due to the fact that \"[t]here was nothing [his] legal counsel could do in the June 20-21 meetings because the final decision had already been made and Mace said he did not need any additional information.\" (Pl.'s Statement of Additional Material Facts, \u00b6 17.) Plaintiff adds that his offer to resign the deanship after a year was not a proposal, but rather an attempt to salvage his employment in light of defendants' efforts to \"unlawfully force Plaintiff out of his deanship on false grounds.\" (Id. \u00b6 21.) According to plaintiff, Mace then attempted to expedite plaintiff's resignation so that it could be resolved prior to his vacation. Finally, after plaintiff agreed to resign, plaintiff alleges that Mace insisted on controlling the language of plaintiff's letter of resignation. Even in combination, Mace's behavior was not sufficiently coercive to constitute a constructive discharge. Plaintiff had unlimited access to his attorneys during his discussions with Mace concerning the sexual harassment charge and, in fact, plaintiff's attorneys attended all of the meetings between Mace and plaintiff, consulted with plaintiff following the meetings on June 20, 2005, and met privately with plaintiff prior to his ultimate decision to resign on June 21, 2005. Plaintiff's interactions with his attorneys satisfy the fifth Hargray factor, \"whether the employee had the advice of counsel,\" Hargray, 57 F.3d at 1568. Hargray only requires that the employee \"have an opportunity to consult an attorney\" in deciding whether Download Check Treatmen Sign In Opinion Summaries Case details to resign, id.; it does not support plaintiff's argument that his attorneys must have had the ability to impact the options presented by the employer or that they must have been provided an opportunity to present plaintiff's side of the sexual harassment dispute. Further, as discussed supra p. 1309, the timetable Mace offered to plaintiff to decide whether to resign would not establish a constructive discharge in the Eleventh Circuit. Finally, Mace's efforts to control the language in plaintiff's letter of resignation were consistent with Mace's ability to set the terms of the options available to plaintiff as long as plaintiff had the alternative of choosing to remain at the University and fighting the charges against him through the appropriate procedural mechanisms. In plaintiff's final objection, he contends that the did not accept as undisputed fact that Mace threatened to fire plaintiff before he resigned and that plaintiff was promised no adverse finding against him in the investigation if he chose to resign. Even accepting these statements as true, the Court still finds no genuine issue of material fact concerning *1311 the voluntariness of plaintiff's resignation. The threat of termination does not in itself make a resignation involuntary. Hargray, 57 F.3d at 1568. Further, the Magistrate Judge correctly determined that plaintiff did not resign his position as dean in reliance upon the University's alleged promise not to find plaintiff in violation of the sexual harassment policy. See infra p. 1321. 1311 Because none of plaintiff's objections create a genuine issue of material fact concerning whether plaintiff's resignation was voluntary, this Court agrees with the recommendation of the Magistrate Judge that there is no basis for finding that a constructive discharge occurred. Plaintiff's final argument supporting his contention that defendants breached the terms of his employment contract by denying him procedural due process is that his resignation, even if voluntary, constituted only a \"mutual departure\" from some of the terms of the employment contract. Plaintiff argues that, under Georgia law, all terms within the original employment contract that were not addressed in the letter of resignation remained in effect. Wright Carriage Co. v. Bus. Dev. Corp. of Ga., Inc., 221 Ga.App. 49, 471 S.E.2d 218, 220 n. 1 (1996). According to plaintiff, because plaintiff's employment contract encompassed his employment as both Dean Download Check Treatmen Sign In Opinion Summaries Case details of Grady College and as a tenured faculty member, the contract remained in effect to govern his employment as a faculty member of Grady College. Therefore, plaintiff believes that the terms of the employment contract incorporating Policy Manual \u00a7 802.17 remained in effect, affording plaintiff a guarantee of procedural due process. Plaintiff argues that his course of dealing with the University suggests that defendants agreed with this interpretation of his employment contract because Adams accepted plaintiff's appeal of the OLA's finding. The Court agrees with the determination of the Magistrate Judge that plaintiff's employment contract governing his employment as a tenured faculty member would not provide any basis for relief under Count of plaintiff's fourth amended complaint. First, the Magistrate Judge noted that this argument was not raised in any of plaintiff's pleadings. Indeed, a review of plaintiff's fourth amended complaint shows that plaintiff made no reference to his right to procedural due process as a tenured faculty member in relation to Count II. Accordingly, this Court agrees with the Magistrate Judge that the argument was not properly raised. The Court also agrees with the determination of the Magistrate Judge that plaintiff's contractual procedural due process protections arising from his status as a tenured faculty member at the University would not entitle him to recovery for anything other than nominal damages. Plaintiff's contractual due process protections for his tenured faculty position only entitle him to procedural safeguards in the event of a deprivation of a property interest relating to his status as a tenured faculty member and not as a dean. Accordingly, because plaintiff retained his job as a tenured faculty member, he could only allege that the adverse finding against him in the sexual harassment investigation would impact his future employment opportunities. However, \"[c]onsequential damages are not recoverable unless they can be traced solely to the breach of the contract or unless they are capable of exact computation.\" O.C.G.A. \u00a7 13-6-8. Plaintiff cannot provide an exact computation of his *1312 consequential damages and has not provided specific consequential damages in any pleading or brief showing a loss that could be traced solely to defendants' failure to provide him with his contractual guarantee of procedural due process. Therefore, because defendants' alleged breach of plaintiff's employment contract did not result 1312 Download Check Treatmen Sign In Opinion Summaries Case details in any cognizable loss relating to his status as a tenured faculty member, this Court finds that there is no genuine issue of material fact concerning whether plaintiff was still entitled to the due process protections afforded by his employment contract. B. Constitutional Due Process In the second portion of his analysis of Count of plaintiff's fourth amended complaint, the Magistrate Judge assessed plaintiff's argument that his breach of contract claim could proceed based solely on his rights to due process under the Fourteenth Amendment of the United States Constitution, independent of any procedural guarantees provided by his employment contract. Specifically, plaintiff argues that as a public employee, he possessed a property right in his continued employment as dean with the University and that his property right could only be taken away from him consistent with the constitutional requirements for procedural due process. The Magistrate Judge determined that plaintiff did not possess a property right in his position as dean and, even if he did, his property right was waived by his voluntary resignation. The noted that government employees are only afforded a property right in their employment where they may be dismissed only for cause. See, e.g., DeClue v. City of Clayton, 246 Ga.App. 487, 540 S.E.2d 675, 677 (2000) (\"Under Georgia law . . . a public employee has a property interest in his job if his employment allows dismissal only for cause.\") Plaintiff's deanship contract, however, explicitly stated that plaintiff held his \"administrative title and position at the pleasure of the President.\" (Def.'s Ex. 1.) Further, the Magistrate Judge found that under the terms of plaintiff's employment contract, any property right afforded by plaintiff's status as a tenured member of the faculty \"applie[d] only to [his] appointment as a faculty member and not to [his] appointed position as an administrator.\" (Id.) Because plaintiff lacked a property interest in his continued employment as dean, plaintiff could be removed as dean for any reason and it was irrelevant that his contract guaranteed additional due process protections in the event of a dismissal or sanction based on a finding that plaintiff had engaged in sexual harassment. The Magistrate Judge also addressed plaintiff's contention that he was denied a liberty interest in his reputation because he was not afforded a Download Check Treatmen Sign In Opinion Summaries Case details hearing prior to the OLA's finding that he violated the University's policy. The Magistrate Judge, in his R, made the determination that plaintiff could not make out one of the requisite elements of a deprivation of a liberty interest in his reputation because he could not establish that there had been \"(1) a false statement (2) of a stigmatizing nature (3) attending a governmental employee's discharge.\" Buxton v. City of Plant City, Fla., 871 F.2d 1037, 1042 (11th Cir. 1989) (emphasis added). Because there was no basis for finding that plaintiff had been \"constructively discharged,\" see supra pp. 1306-07, and there is no allegation by plaintiff that he was actually discharged, plaintiff cannot establish a necessary element for showing a deprivation of a liberty interest in his reputation. Because *1313 plaintiff was unable to show the deprivation of either a property or liberty interest, the Magistrate Judge determined that plaintiff had created no genuine issue of material fact regarding whether he had been deprived of his constitutional right to due process as a government employee. Accordingly, the Magistrate Judge recommended granting defendant's motion for summary judgment on Count and denying plaintiff's motion for summary judgment on Count II. 1313 In his objection, plaintiff first asserts that the Magistrate Judge erred by finding that plaintiff did not plead his claim to a constitutional right to due process in his fourth amended complaint. This Court agrees with plaintiff that the Magistrate Judge erred in his determination. Plaintiff's fourth amended complaint repeatedly references his constitutional right to due process in connection with Count of his complaint. Plaintiff notes that at the meetings held on June 20-21, 2005, he \"was not afforded his . . . Constitutional rights to due process.\" (Pl.'s Compl., \u00b6 60.) Further, the complaint alleges that \"[a]s a result of Defendants' failure to afford Plaintiff his . . . constitutional rights to due process, Plaintiff was found to have violated the policy regarding sexual harassment.\" (Pl.'s Compl., \u00b6 63.) The complaint goes on to state that \"Defendants . . . ha[d] the duty to provide a hearing satisfying the requirements of . . . Constitutional due process in order to deprive Plaintiff of his liberty interest in his reputation plus his property interest in his higher salary, continued employment as dean and future job opportunities.\" (Pl.'s Compl., \u00b6 71.) Finally, the complaint alleges that \"Defendants . . . have failed to provide Plaintiff a hearing satisfying the requirements of . . . Constitutional procedural due Download Check Treatmen Sign In Opinion Summaries Case details process.\" (Pl.'s Compl., \u00b6 73.) Accordingly, this Court finds that plaintiff did allege his claim for breach of contract under a theory of constitutional due process and rejects the Magistrate Judge's finding to the contrary. Notwithstanding the fact that plaintiff alleged violations of constitutional procedural due process in his complaint, plaintiff is not persuasive in his second objection \u2014 that the Magistrate Judge erred by determining that plaintiff's resignation was voluntary as a matter of law. This Court has already adopted that finding by the Magistrate Judge. See supra pp. 1310-11. Accordingly, because plaintiff's resignation was voluntary and because plaintiff does not object to the R's finding that plaintiff could be removed from his position as dean at will, there is no basis for finding that plaintiff was deprived of his constitutional due process protections. This Court determines that plaintiff has failed to show a triable issue concerning whether defendants breached plaintiff's employment contract by denying plaintiff due process protections guaranteed under either his employment contract or the United States Constitution. Consequently, this Court adopts the Magistrate Judge's recommendations concerning Count of plaintiff's fourth amended complaint. III. Equitable Injunction Because plaintiff has entered no objection to the Magistrate Judge's recommendation to deny plaintiff's motion for summary judgment on his request for a permanent injunction against defendants enjoining and restraining them from denying plaintiff a name-clearing hearing in the future that complies with policies *1314 and constitutional due process, this Court adopts the recommendation of the Magistrate Judge concerning Count of plaintiff's fourth amended complaint. 1314 IV. Section 1983 In Court of plaintiff's fourth amended complaint, plaintiff alleges that defendant Michael Adams, in his individual capacity, violated 42 U.S.C. \u00a7 1983 by depriving plaintiff of his liberty interest in his reputation and his property interest in continued employment without providing the due process of law guaranteed to plaintiff by the Fourteenth Amendment to the Download Check Treatmen Sign In Opinion Summaries Case details United States Constitution. Specifically, plaintiff alleges that Adams failed to provide plaintiff with an impartial and disinterested de novo review of the findings of the investigation conducted by the OLA. For \u00a7 1983 claims alleging a denial of procedural due process, a plaintiff must demonstrate: \"(1) a deprivation of a constitutionally-protected liberty or property interest; (2) state action; and (3) constitutionally-inadequate process.\" Grayden v. Rhodes, 345 F.3d 1225, 1232 (11th Cir. 2003). Accordingly, the first inquiry for a due process challenge is \"whether the injury claimed by the plaintiff is within the scope of the Due Process Clause.\" Smith ex rel. Smith v. Siegelman, 322 F.3d 1290, 1296 (11th Cir. 2003). The Magistrate Judge made the determination that plaintiff failed to establish the first element of his due process challenge. Specifically, the made the recommendation that this Court find that \"Plaintiff did not suffer a deprivation of a constitutionally-protected property interest without procedural due process because he did not have a property interest in his deanship position, and because he resigned that position in the context of a negotiated settlement R, p. 1351.) Further, the Magistrate Judge recommended this Court not find a deprivation of a constitutionally protected liberty interest \"because his deanship was not terminated.\" (Id.) This determination preluded the finding of a liberty interest because the Eleventh Circuit has established that damage to one's reputation must occur \"in connection with a termination of employment\" to create liability under 42 U.S.C. \u00a7 1983. See Cotton v. Jackson, 216 F.3d 1328, 1330 (11th Cir. 2000). Accordingly, because plaintiff lacked a liberty or property interest, as a matter of law it was impossible for Adams to unconstitutionally deprive plaintiff of those interests without affording plaintiff procedural due process. Therefore, the Magistrate Judge recommended granting defendants' motion for summary judgment on Count and denying plaintiff's motion for summary judgment on Count VIII. In his objections to the Magistrate Judge's R, plaintiff argues that the Magistrate Judge erroneously determined that plaintiff's resignation was voluntary. According to plaintiff, because plaintiff's resignation was not voluntary, the district court could not make a determination that plaintiff was not unconstitutionally deprived of his liberty or property interests as a Download Check Treatmen Sign In Opinion Summaries Case details matter of law. Based on plaintiff's first contention, plaintiff alleges that Adams did violate his due process rights by failing to conduct a full de novo review of the OLA's investigation. Specifically, plaintiff alleges that Adams never read plaintiff's investigative file compiled by the but rather only reviewed a letter in relation to plaintiff's appeal, engaging in only a \"cursory look\" at plaintiff's file. *1315 (Pl.'s Objections to R, p. 19.) Plaintiff contends that Adams' actions fell short of his legal requirement to \"review the file and render a decision as to whether or not [he thought] the process and decision ha[d] been fair,\" (Adams Depo., p. 19.), and therefore deprived plaintiff of his procedural due process protections. 1315 This Court agrees with the Magistrate Judge's finding that plaintiff's resignation was voluntary as a matter of law. See supra pp. 1306-11. Therefore, there is no basis for finding that plaintiff had either a protected property interest in his employment as Dean of Grady College or a protected liberty interest in his reputation. See supra pp. 1312-13. Indeed, the fact that plaintiff resigned from his position rather than being terminated justified Adams' decision not to afford plaintiff the full procedural protections plaintiff would have otherwise been entitled to had he been terminated. Rather, Adams only provided a cursory review of the investigation because he correctly believed that he was merely \"uph[o]ld[ing] the agreement that seemed to have been worked out between [plaintiff] and Dr. Mace.\" (Adams Depo., p. 64.) Accordingly, plaintiff fails to establish the first element of his claim alleging that Adams has deprived him of a constitutional right under color of state law. For this reason, the Court adopts the Magistrate Judge's recommendation to grant defendants' motion for summary judgment and to deny plaintiff's motion for summary judgment on Count of plaintiff's fourth amended complaint.3 3 The Court does not discuss defendants' qualified immunity defense because plaintiff has failed to make out a prima facie case for a claim arising under 42 U.S.C. \u00a7 1983. V. Title and 42 U.S.C. \u00a7 1981 Because plaintiff has entered no objection to the Magistrate Judge's recommendation to grant defendants' motions for summary judgment on plaintiff's Count (discrimination on the basis of race in violation of Title Download Check Treatmen Sign In Opinion Summaries Case details VII), Count (discrimination on the basis of race in violation of 42 U.S.C. \u00a7 1981), and Count (unlawful retaliation in violation of Title VII), this Court adopts the recommendation of the Magistrate Judge concerning Counts V, VI, and of plaintiff's fourth amended complaint. VI. Breach of Contract (Salary) In his R, the Magistrate Judge recommended denial of defendants' motion for summary judgment on Count of plaintiff's fourth amended complaint. Count alleges that defendants breached their contract with plaintiff by failing to pay him his proper contractual salary. Plaintiff specifically alleges that upon returning to the faculty in 2006, he was entitled to receive a salary no less than the salary of the highest paid full professor in the Grady College in accordance with the letter from former Provost Karen Holbrook specifying his employment terms in the event of his voluntary resignation. Plaintiff argues that, according to the Holbrook letter, he was entitled to a salary equal to the highest paid professor, regardless of whether that professor served under a nine-month appointment (academic year appointment) or a twelvemonth appointment (fiscal year appointment). The highest paid academic or fiscal year appointee in 2006 was Leonard Reid, who received a salary of $190,000. Defendants argue that plaintiff was only entitled to a salary equal to the highest paid professor on an academic year appointment. *1316 That professor was Conrad Fink, who received an annual salary of $130,015. Defendants argue that plaintiff's resignation letter specified that plaintiff was only to receive a salary equal to the highest paid academic year professor. Plaintiff counters that his resignation letter was written under duress, making any terms within that letter voidable. Alternatively, plaintiff argues that Reid is really an academic year appointee who was classified as a fiscal year appointee only because Reid was promised an academic year appointment with his salary paid over a twelve-month period but UGA's personnel payroll system is unable to pay an academic year appointee over a fiscal year period. 1316 In his R, the Magistrate Judge determined that plaintiff had failed to establish that his resignation letter was written under duress. Therefore, to read his resignation letter in conjunction with the Holbrook letter would Download Check Treatmen Sign In Opinion Summaries Case details require limiting plaintiff's salary to that of the highest paid academic year appointee to avoid rendering the terms of the resignation letter meaningless. The Magistrate Judge then determined that there was a material question of fact concerning whether Reid was an academic year appointee or a fiscal year appointee. Based on this determination, the Magistrate Judge recommended denying defendants' motion for summary judgment. In defendants' objections to the Magistrate Judge's R, defendants argue that the distinction between plaintiff and Reid is that plaintiff holds a ninemonth teaching contract and is only paid for nine months of work, whereas Reid holds a twelve-month contract. Defendants argue that, according to the terms of plaintiff's resignation letter, plaintiff is only entitled to be paid a salary equal to the salary of the highest paid professor on an academic year appointment. Therefore, plaintiff is entitled only to a salary of $130,015. The construction of a written contract is a question of law for the trial court, based on the intent of the parties as set forth in the contract. Bickerstaff Real Estate Mgmt. v. Hanners, 292 Ga.App. 554, 665 S.E.2d 705, 708 (2008). \"The construction which will uphold a contract in whole and in every part is to be preferred, and the whole contract should be looked to in arriving at the construction of any part.\" O.C.G.A. \u00a7 13-2-2(4). This Court rejects the Magistrate Judge's recommendation and finds that no material question of fact exists concerning whether defendants' breached their contract with plaintiff by awarding him a salary of $130,015 for the 2007 academic year. Based on the language of plaintiff's resignation letter, the 2001 letter from former Provost Holbrook to plaintiff sets the terms of his post-resignation compensation as a tenured faculty member. That letter states that plaintiff's salary one year following his resignation \"would be renegotiated to a level that would be no less than the highest paid full professor within the department of the Grady College.\" (Def.'s Ex. 7.) While the Holbrook letter does not clarify the meaning of \"full professor,\" plaintiff's resignation letter does. In Plaintiff's resignation letter, plaintiff states that his resignation \"initiates the exit agreement that then-Provost Karen Holbrook provided me when agreed to become dean. . . . My salary Download Check Treatmen Sign In Opinion Summaries Case details in the 2007 academic year will be no less than the highest salary earned by any of the college's full professors on an academic year appointment.\" (Def.'s Ex. 8) (emphasis *1317 added). Plaintiff contends that his resignation letter should not be used to construe Holbrook's letter because it was signed under duress. This Court, however, has made the determination that plaintiff's resignation was voluntary as a matter of law. See supra pp. 1306-11. Accordingly, this Court must give consideration to the plain meaning of plaintiff's letter of resignation, which clearly establishes that the term \"full professor\" referred to in the Holbrook letter was intended to mean a full professor on an academic year appointment. Therefore, the final issue this Court must decide is whether Reid or Fink was the highest paid full professor on an academic year appointment. 1317 This Court finds that no material question of fact exists concerning whether Reid served under an academic year appointment. In the March 30, 2005 letter from plaintiff to Professor Reid in which plaintiff attempted to prevent Reid from leaving to become dean of the journalism school at the University of Tennessee, plaintiff set the terms of Reid's future employment at UGA. In that letter, plaintiff stated that Grady College would \"offer [Reid] a salary of $170,000 on a 12-month appointment.\" (Pl.'s Second Decl. of John Soloski, Ex. A.) (Emphasis added.) The letter continued by asserting that Reid's \"work load [would] be that expected of a faculty member on a nine-month appointment.\" (Id.) According to plaintiff, the intention of the letter was to create a ninemonth appointment in which the salary was paid over a twelve month period. However, plaintiff's interpretation of the letter goes against its plain meaning. The letter clearly states that Reid was offered a \"12-month appointment.\" (Id.) Further, the fact that plaintiff specified that Reid's workload would be comparable to that of \"a faculty member on a nine-month appointment,\" (id.), demonstrates that Reid himself was not a faculty member on a nine-month appointment. Finally, plaintiff's only explanation for why he believed that his letter designated Reid as an academic year appointee was the conclusory assertion that \"that is what he was.\" (Pl.'s Second Decl. of John Soloski, \u00b6 34.) Based on the plain meaning of the letter between plaintiff and Reid and plaintiff's inability to articulate a plausible alternative reading of the letter, this Court finds that there is no dispute that Reid served as a professor with a fiscal Download Check Treatmen Sign In Opinion Summaries Case details year appointment with the Grady College and, therefore, his salary could not serve as a basis for determining plaintiff's salary for the 2007 academic year. Thus, this Court determines as a matter of law that the University was not in breach of its contract with plaintiff by setting his salary for the 2007 academic year at $130,015 and grants defendants' motion for summary judgment on Count of plaintiff's first amended complaint. VII. Fraud In the final contested count that was addressed by the Magistrate Judge in his R, plaintiff alleged that defendants engaged in fraudulent misrepresentation when they promised plaintiff that, in exchange for his voluntary resignation, the University would not reach a finding that plaintiff violated the policy, defendants would write a positive letter for him, and plaintiff would not receive a formal reprimand. Plaintiff alleges that he relied detrimentally upon this representation in making his decision to resign as Dean of Grady College. Defendants deny that any such representation was made to plaintiff but argue that, even if it was, plaintiff's fraud claim must fail. *1318 1318 For a plaintiff to prove fraud in Georgia, he must establish five elements: (1) a false representation made by the defendant; (2) scienter; (3) an intention to induce plaintiff to act or refrain from acting in reliance by the plaintiff; (4) justifiable reliance by the plaintiff; and (5) damage to the plaintiff. Johnson v Motors, Inc., 292 Ga.App. 79, 663 S.E.2d 779, 783 (2008). Because fraud is seldom susceptible to direct proof, circumstantial evidence is usually sufficient to establish a prima facie case. McNeil v. Cowart, 186 Ga.App. 411, 367 S.E.2d 291, 293 (1988). In his R, the Magistrate Judge made the finding that plaintiff's claim, if construed as a claim for breach of contract, failed because the State of Georgia has not waived sovereign immunity for claims alleging the breach of an oral contract. The Magistrate Judge further found that if plaintiff's claim was construed as a fraud claim, then it also failed because it was based on an oral promise. The Magistrate Judge found that oral promises are not enforceable by an \"at will\" employee. Accordingly, because plaintiff, in his capacity as Dean, was an at-will employee at the time of his voluntary Download Check Treatmen Sign In Opinion Summaries Case details resignation, any oral promise made by defendants concerning that resignation was not binding. The Magistrate Judge also found that plaintiff was unable to make out a prima facie case of fraud. Specifically, the Magistrate Judge determined that plaintiff could not point to evidence that defendants' alleged promise not to find him in violation of the policy was a false representation at the time it was made, that defendants knew of the statement's falsity at the time it was made, that plaintiff relied on defendants' promise when deciding whether to resign his deanship, and that he was damaged by his reliance on defendants' promise. Based on these findings, the Magistrate Judge recommended granting defendants' motion for summary judgment on plaintiff's Count X. Plaintiff makes several objections to the findings in the R. First, plaintiff argues that the Magistrate Judge's likening of plaintiff's fraud claim to a breach of oral contract claim was incorrect because plaintiff was merely responding to the threats of defendants concerning his termination as dean rather than engaging in \"negotiations\" over his continued employment status at the University. Rather, plaintiff argues that he was forced to resign his deanship through threats and misrepresentations. This objection is without merit. This Court has already found that plaintiff's resignation was voluntary as a matter of law and that defendants' conduct leading up to plaintiff's decision to resign did not constitute coercion. See supra pp. 1306- 11. Plaintiff next argues that defendants intended to find him guilty of sexual harassment regardless of whether he resigned. Accordingly, defendants' statements concerning the result of the investigation \"were not promises made as a part of a business deal, but threats.\" (Pl.'s Objections to R, p. 21.) In support of this contention, plaintiff states that in his meetings with Mace on June 20-21, 2005, Mace commented, \"[e]ither resign or we will find you in violation of the sexual harassment policy.\" (Pl.'s Statement of Additional Material Facts, \u00b6 14.) This Court does not agree with plaintiff's objection. Mace's alleged statement was indicative of the ongoing negotiations between plaintiff and defendants. Here, Mace presented plaintiff with his two options, either of which he was free to *1319 choose. It 1319 Download Check Treatmen Sign In Opinion Summaries Case details is noteworthy that, pursuant to Policy Manual \u00a7 802.17, if plaintiff had chosen the latter option, he would have been entitled to the procedural due process protections guaranteed by his employment contract. Accordingly, any threat by defendants was mitigated by the fact that plaintiff would have been able to appeal the determination of the to both President Adams and the Board of Regents. \"[T]he mere fact that [plaintiff] was forced to choose between two inherently unpleasant alternatives does not in itself mean that his resignation was submitted under duress.\" Hargray, 57 F.3d at 1569. Because this Court agrees with the finding of the Magistrate Judge that defendants' alleged statements were made in the context of negotiations between plaintiff and defendants concerning plaintiff's resignation, this Court also agrees with the Magistrate Judge's finding that plaintiff's Count cannot succeed if construed as a claim for the breach of an oral contract. The Georgia Constitution provides governmental defendants with sovereign immunity unless it has been specifically waived. Ga. Const., art. I, \u00a7 II, \u00b6 IX(e) (\"The sovereign immunity of the state and its departments and agencies can only be waived by an Act of the General Assembly which specifically provides that sovereign immunity is thereby waived and the extent of such waiver.\"). Even though sovereign immunity has been waived \"for the breach of any written contract,\" O.C.G.A. \u00a7 50-21-1 (emphasis added), there has been no such waiver for oral contracts. Accord Fedorov v. Bd. of Regents, 194 F.Supp.2d 1378, 1393-94 (S.D.Ga. 2002) (finding no liability as matter of law for Board of Regents on claim for breach of implied contract because \"[t]he State is only subject to a lawsuit for breach of contract if the contract is in writing\"). Accordingly, because the State has not waived sovereign immunity for oral contracts, this Court agrees with the finding of the Magistrate Judge that if plaintiff's claim under Count is construed as the breach of an oral contract, then it must fail as a matter of law. Plaintiff next claims that the Magistrate Judge made the erroneous determination that defendants' promise was unenforceable because oral promises are not enforceable by \"at will\" employees. Plaintiff specifically contests the finding that he was an \"at will\" employee by pointing to Policy Manual \u00a7 802.17, which entitles plaintiff to due process when Download Check Treatmen Sign In Opinion Summaries Case details accusations of sexual harassment are involved and \"only allows termination of an employee for sexual harassment after his due process rights have been protected.\" (Pl.'s Objections to R, p. 22.) Again, the Court does not agree with plaintiff's objection. Plaintiff's due process protections were limited to instances where plaintiff was subject to \"dismissal\" or \"other sanctions.\" (Pl.'s Br. in Supp. of Pl.'s First Mot. for Summ. J., App. C.5.). At the time plaintiff allegedly reached an agreement with defendants concerning the University's finding in its investigation, the investigation was still on-going and plaintiff had not yet been sanctioned or dismissed for a violation of the policy. Accordingly Policy Manual \u00a7 802.17 was inapplicable and the terms of plaintiff's employment were entirely governed by plaintiff's employment contract. That contract with the University stated explicitly that plaintiff held his \"administrative title and position at the pleasure of the President.\" (Def.'s Ex. 1.) Because the University was \"free to discharge *1320 [plaintiff] either with or without cause,\" Balmer v. Elan Corp., 278 Ga. 227, 599 S.E.2d 158, 161 (2004), plaintiff is considered an at-will employee under Georgia law. 1320 \"Although fraud can be predicated on a misrepresentation as to a future event where the defendant knows that the future event will not take place, fraud cannot be predicated on a promise which is unenforceable at the time it is made.\" Studdard v. George D. Warthen Bank, 207 Ga.App. 80, 427 S.E.2d 58, 58 (1993) (quoting Beasley v. Ponder, 143 Ga.App. 810, 240 S.E.2d 111 (1977)) (emphasis in original). Additionally, under Georgia's at-will employment doctrine, \"[t]he employer, with or without cause and regardless of its motives may discharge the [at will] employee without liability.\" Id. at 160-61. In combination, these doctrines establish that oral promises by employers are not enforceable by at-will employees. Id. at 161. Therefore, because defendants, as plaintiff's employer, could terminate plaintiff's employment as dean for any reason at any time, any terms of the agreement reached between plaintiff and defendants not reduced to writing were unenforceable at the time they were made. Thus, just as the employer in Balmer was not liable for the breach of an oral promise not to fire certain at-will employees for their cooperation with the during its inspection of the employer's facility, defendants are not liable for their alleged promise not to find Download Check Treatmen Sign In Opinion Summaries Case details plaintiff in violation of the policy because defendants' promise \"does not modify the terms of [plaintiff's] at-will employment relationship and does not create an enforceable contract.\" Id. at 162. Therefore, plaintiff is unable to prevail on Count of his fourth amended complaint as a matter of law. Plaintiff's next objection is that the Magistrate Judge erred by determining that plaintiff had failed to make out a prima facie case of fraud. Specifically, plaintiff claims sufficient evidence existed to create a jury question that defendants knew they would find plaintiff in violation of the policy even if he resigned his deanship. Plaintiff states that defendants had already made a determination to find plaintiff in violation of the University's sexual harassment policy and falsely represented that they would not make such a finding in exchange for plaintiff's resignation only after plaintiff initially refused to resign. Construing plaintiff's factual allegations as true, plaintiff still fails to create a genuine issue of material fact regarding whether defendants were aware that their promise not to make an adverse finding against plaintiff was false at the time it was made. Plaintiff's objection only establishes that defendants' allegedly made a promise not to make an adverse finding against plaintiff and not to sanction plaintiff and then failed to keep that promise after plaintiff's resignation. While this would constitute a breach of defendants' promise, a claim alleging fraud also requires scienter, or knowledge of the falsity of defendants' statement at the time the statement was made to plaintiff. Even though plaintiff is correct that \"[e]xcept in plain and indisputable cases, scienter in actions based on fraud is an issue of fact for jury determination,\" Farmers State Bank v. Huguenin, 220 Ga.App. 657, 469 S.E.2d 34, 37 (1996), here plaintiff has presented no evidence of scienter. Prior statements by Mace and Adams regarding their subjective belief that plaintiff had violated the policy are not inconsistent with their subsequent promise not to *1321 find plaintiff in violation of that policy in the University's formal finding. Accordingly, without evidence that defendants' knew their alleged promise would not be fulfilled at the time it was made to plaintiff, plaintiff is unable to establish a necessary element in his fraud claim. 1321 Download Check Treatmen Sign In Opinion Summaries Case details In plaintiff's final objection to the Magistrate Judge's R, plaintiff argues that he suffered significant damages in reliance on defendants' false representation. Plaintiff states that he made the decision to resign to preserve his reputation and that his reliance on defendants' promise \"permanently scarred his impeccable academic career.\" (Pl.'s Objections to R, p. 24.) This Court does not believe that plaintiff has created a jury question concerning either his reliance on defendants' statement or whether that reliance was detrimental. Plaintiff's own testimony establishes that he resigned in reliance on the terms of his future compensation outlined in the letter drafted by former Provost Holbrook in 2001. Prior to his resignation, plaintiff identified his two options: (1) to not resign, be removed as dean, and not receive his future compensation guaranteed by the Holbrook letter; or (2) to resign and receive his future compensation guaranteed by the Holbrook letter. (Soloski Depo., pp. 62-63.) Accordingly, plaintiff agreed to resign as long as \"the terms of the resignation [were] the letter from Holbrook.\" (Soloski Depo., p. 64.) Even though plaintiff references the University's promise not to make an adverse finding or to sanction plaintiff, these considerations appeared secondary to the compensation plaintiff received pursuant to the Holbrook letter. The insignificance of defendants' alleged promise is supported by the fact that plaintiff and his lawyers chose not to memorialize the promise at any point between June 21, 2005, when plaintiff agreed to resign, and June 27, 2005, when plaintiff submitted his letter of resignation. Accordingly, plaintiff has not shown that his resignation was made in reliance on defendants' promise. Lastly, plaintiff has failed to show that he suffered damages from defendants' promise not to make an adverse finding in the University's investigation or to subject plaintiff to sanctions for an adverse finding. This Court agrees with the Magistrate Judge that plaintiff \"held his deanship position at will and had no legal expectation of retaining it R, p. 1371.) Therefore, the only possible damage plaintiff could have suffered was reputational harm arising from the adverse finding that he had engaged in sexual harassment and the resultant letter that was placed in his file with the University. However, this harm has been alleviated by this Court's grant of relief on Count of plaintiff's complaint, which orders defendants to Download Check Treatmen Sign In Opinion Summaries Case details rescind, recant, and expunge UGA's official finding that plaintiff violated the University's policy. See supra pp. 1298-1304. By reversing the University's official finding that plaintiff had violated the policy and by removing the letter which included that determination from plaintiff's file, plaintiff has no remaining damage to his reputational interest. Accordingly, plaintiff cannot show \"damage,\" a necessary element for his fraud claim. Johnson, 663 S.E.2d at 783. Plaintiff is unable to show that there is a genuine issue of material fact concerning whether defendants knew of the falsity of their alleged statement at the time it was made, whether plaintiff relied on defendants' alleged statement, and whether plaintiff's alleged reliance was detrimental. *1322 Accordingly, this Court finds that plaintiff failed to establish a prima face case of fraud. Plaintiff's failure to establish a prima facie case, coupled with the inability to find defendants liable under either a breach of oral contract theory or a fraud theory, supports the Magistrate Judge's recommendation to grant defendants' motion for summary judgment on Count of plaintiff's fourth amended complaint. For the aforementioned reasons, this Court adopts the recommendation of the Magistrate Judge with respect to Count X. 1322 VIII. Intentional Infliction of Emotional Distress Because plaintiff has entered no objection to the Magistrate Judge's recommendation to grant defendant's motion for summary judgment on Count of plaintiff's fourth amended complaint, intentional infliction of emotional distress, this Court adopts the recommendation of the Magistrate Judge concerning Count and grants defendants' motion for summary judgment. IX. Invasion of Privacy Because neither party has objected to the Magistrate Judge's recommendation that defendants' motion for summary judgment on Count of plaintiff's fourth amended complaint, invasion of privacy, be denied without prejudice to refiling when discovery is completed, this Court adopts the recommendation of the Magistrate Judge concerning Count and denies defendant's motion for summary judgment. Download Check Treatmen Sign In Opinion Summaries Case details HAGY, United States Magistrate Judge. X. Attorney's Fees and Expenses Because plaintiff has not objected to the Magistrate Judge's recommendation that plaintiff's motion for summary judgment on Count of his fourth amended complaint, requesting attorney's fees and expenses, be denied, this Court adopts the recommendation of the Magistrate Judge concerning Count and denies defendant's motion for summary judgment. Summary For the aforementioned reasons, this Court and the Magistrate Judge's [# 114 and defendants' motion for summary judgment [# 89 and plaintiff's first motion for summary judgment [# 92]; and plaintiff's second motion for summary judgment [# 100]. Specifically, the Court plaintiff's motion for summary judgment as to Count of the fourth amended complaint and otherwise plaintiff's motions for summary judgment defendants' motion for summary judgment as to Counts through of the fourth amended complaint and otherwise defendants' motion for summary judgment. As to Count of the fourth amended complaint, defendants' motion for summary judgment is to its being refiled after the completion of discovery.4 4 The only outstanding discovery regarding this claim is the deposition of Kelly Simmons, a reporter for the AJC. Once Ms. Simmons' deposition has been completed, defendants may refile their motion for summary judgment on Count Attached is the report and recommendation of the United States Magistrate Judge in this action in accordance with *1323 28 U.S.C. \u00a7 636(b)(1) and this Court's Civil Local Rule 72. 1323 Download Check Treatmen Sign In Opinion Summaries Case details Pursuant to 28 U.S.C. \u00a7 636(b)(1), each party may file written objections, if any, to the report and recommendation within ten (10) days of service of this Order. Should objections be filed, they shall specify with particularity the alleged error or errors made (including reference by page number to the transcript if applicable) and shall be served upon the opposing party. The party filing objections will be responsible for obtaining and filing the transcript of any evidentiary hearing for review by the District Court. If no objections are filed, the report and recommendation may be adopted as the opinion and order of the District Court and any appellate review of factual findings will be limited to a plain error review. United States v. Slay, 714 F.2d 1093 (11th Cir. 1983). The Clerk is directed to submit the report and recommendation with objections, if any, to the District Court after expiration of the above time period this 26th day of November, 2008 Plaintiff filed the above-styled civil action in the Superior Court of Fulton County on June 27, 2006. He later amended his Complaint to add employment discrimination claims. First Amended Complaint [5]. Those claims added a basis for federal jurisdiction to this action, and Defendants removed the case to this Court on December 14, 2006. Notice of Removal [1]. As reflected in his Fourth Amended Complaint [123], Plaintiff Soloski asserts the following twelve counts: (1) petition for a writ of mandamus, (2) breach of contract for failure to follow contractuallyguaranteed procedures, (3) anticipatory breach of contract for refusal to pay Plaintiff his contractual salary, (4) equitable injunction, (5) race discrimination in violation of Title of the Civil Rights Act of 1964 (\"Title VII\"), 42 U.S.C. \u00a7\u00a7 2000e, et seq., (6) race discrimination in violation of 42 U.S.C. \u00a7 1981 (\"Section 1981\"), (7) retaliation in violation of Title VII, (8) claim against Defendant Adams individually under 42 U.S.C. \u00a7 1983, (9) intentional infliction of emotional distress, (10) fraud, (11) invasion of privacy, and (12) attorney's fees and Download Check Treatmen Sign In Opinion Summaries Case details expenses. Fourth Amended Petition for Mandamus and Complaint for Damages (\"Fourth Amended Complaint\") [123]. The action is before the Court on Defendants' Motion for Summary Judgment [89], Plaintiff's First Motion for Summary Judgment [92], and Plaintiff's Second Motion for Summary Judgment [100]. For the reasons discussed below, the undersigned that Defendants' Motion for Summary Judgment [89] be in part and in part, Plaintiff's First Motion for Summary Judgment [92] be in part and in part, and Plaintiff's Second Motion for Summary Judgment [100] be DENIED. If the undersigned's recommendation is adopted, remaining for trial will be Count Three, Breach of Contract for failure to pay full contractual salary. In addition, the undersigned that Defendants' Motion for Summary Judgment be with respect to Count Eleven, Invasion of Privacy, pursuant to Rule 56(f)(2) of the Federal Rules of Civil Procedure, and, absent further motion practice, Count Eleven would proceed to *1324 trial. At this time, it is that judgment be entered for Plaintiff on Count One, Mandamus, and that judgment be entered for Defendants on all other counts of Plaintiff's Fourth Amended Complaint [123], except for Counts One, Three and Eleven. 1324 The Court draws the following facts from the parties' respective Statements of Material Facts filed in support of their motions for summary judgment, as well as their responses to the opposing party's Statement of Material Facts. If the parties have disputed a specific fact and have pointed to evidence in the record creating a genuine issue of material fact, the Court has viewed all evidence and factual inferences in the light most favorable to the non- movant, as required on a motion for summary judgment. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986); McCabe v. Sharrett, 12 F.3d 1558, 1560 (11th Cir. 1994); Reynolds v. Bridgestone/Firestone, Inc., 989 F.2d 465, 469 (11th Cir. 1993). Accordingly, in considering the issues presented in Defendants' Motion for Summary Judgment, the Court has viewed the facts in the light most Download Check Treatmen Sign In Opinion Summaries Case details favorable to the Plaintiff and in considering the issues presented in Plaintiff's Motion for Partial Summary Judgment, the Court has viewed all facts in the light most favorable to the Defendants. This case arises out of allegations that Plaintiff made comments to a female subordinate that she considered to constitute sexual harassment. While Plaintiff acknowledges having made the alleged comments, he contends that they did not violate the University's Nondiscrimination and Anti- Harassment (NDAH) Policy and that he should not have been forced to resign from his deanship and formally sanctioned as a result of those comments. Plaintiff is a current tenured professor at, and former Dean of, the University of Georgia's Grady College of Journalism and Mass Communication. Plaintiff's Statement of Material Facts Not in Genuine Dispute (\"Pl. SMF2\") [100] at \u00b6 1; Defendant's Statement of Material Facts as to Which There is No Genuine Issue to be Determined (\"Def. SMF\") [89] at \u00b6\u00b6 1, 2. Plaintiff was hired by the University of Georgia (\"UGA\" or \"the University\") to serve as the Dean of Grady College in the Spring 2001. Pl. SMF2 at \u00b6 16. During the time period relevant to this case, Defendant Michael F. Adams was the President of UGA. Pl. SMF2 at \u00b6 8. Arnett Mace was the Senior Vice President for Academic Affairs and Provost at UGA. Pl. SMF2 at \u00b6 12. The Provost is the \"number two\" position at UGA, and reports directly to the President. Pl. SMF2 at \u00b6\u00b6 13-14. 1a 1a Plaintiff has filed two documents entitled \"Statement of Material Facts Not in Genuine Dispute,\" one with each of his motions for summary judgment. The Court refers to the first \"Statement of Material Facts Not in Genuine Dispute\" as \"Pl. SMF\" and the second as \"Pl. SMF2.\" On May 18, 2005, Janet Jones Kendall (\"Kendall\"), an employee of Grady College in external affairs, presented Plaintiff with a letter complaining that he had made two comments which she contended (1) were offensive to her and (2) created a hostile work environment. Pl. SMF2 at \u00b6 18; Plaintiff's Brief in Support of Plaintiff's First Motion for Summary Judgment (\"Pl. Br. I\") [92], App. C. 9; Def at \u00b6 4, *1325 Def. Ex. 2 . Upon receiving the letter, Plaintiff immediately forwarded it to the Office of Legal Affairs (\"OLA\"), which then began an investigation of Kendall's allegations. Pl. 1325 2a Download Check Treatmen Sign In Opinion Summaries Case details SMF2 at \u00b6 28; Def at \u00b6\u00b6 5, 6. The is responsible for conducting investigations of any alleged violation of UGA's policy. Defendants' Response to Plaintiff's Statement of Material Facts Not in Genuine Dispute (\"Def. Resp. SMF2\") at \u00b6 3. The allegations mentioned in Kendall's letter became the sole basis for an eventual finding by the that Plaintiff violated UGA's Policy. Pl. SMF2 at \u00b6 36; Washington Dep. at 15. The two comments were made, respectively, seven months and one month before Kendall wrote the letter complaining about them, but shortly after her supervisor had complained of Kendall's work. There is no evidence that Kendall objected to the comments or asked Plaintiff to refrain from such comments prior to writing Defendant's Exhibit 2. There is no evidence of other comments made by Plaintiff to Kendall that she thought constituted acts of sexual harassment during the four years they worked together. 3a 4a 2a Def. Ex. 2 is the letter that Kendall presented to Plaintiff. 3a Plaintiff has filed two documents entitled \"Statement of Material Facts Not in Genuine Dispute,\" one with each of his motions for summary judgment. See note 1, supra. Defendants have given the same title to each of their responses to these statements of fact. To distinguish the Defendants' responses to the Plaintiff's statements of fact, the Court will refer to the first response as \"Def. SMF\" and the second as \"Def. SMF2.\" 4a Several other incidents occurred which Defendants contend provided context to the two comments on which the finding was based. Def at \u00b6 16, Def. Resp. SMF2 at \u00b6 36. These incidents are discussed briefly below. Plaintiff admits making the comments referenced in Kendall's letter, but claims that they were not intended to be sexual in nature. Def at \u00b6\u00b6 10, 15. The first comment was made on October 14, 2004, at an off-campus University dinner function. Pl at \u00b6 27; Def. Ex. 2 at 2. Plaintiff stated to Kendall: \"You have brown eyes don't believe I've ever noticed that before. What color are my eyes.\" (The Court will refer to this as \"eyes\" comment.) Pl. SMF2 at \u00b6 37; Def at \u00b6 8. Plaintiff explained to Washington during the investigation that he made the \"eyes\" comment in the context of a discussion about his recent Lasik eye surgery, and did not intend it to be a sexual advance. Pl at \u00b6\u00b6 58, 59, Def at \u00b6 10. Download Check Treatmen Sign In Opinion Summaries Case details The second comment was made six months later at a large, off-campus event in Atlanta, the \"Capital Campaign Kickoff,\" on April 14, 2005. Pl at \u00b6 28; Def. Ex. 2 at 2. Plaintiff said to Kendall: \"That is a nice dress. It really shows off your assets.\" (The Court will refer to this as the \"assets\" comment.) Pl. SMF2 at \u00b6\u00b6 38, 39; Def at \u00b6 12. Plaintiff contends that he did not mean the \"assets\" comment in a sexual way. Pl at \u00b6 63. Just before making the comment, Plaintiff had been talking about assets disputed in his pending divorce. Pl at \u00b6 64. From May 18, 2005 to June 29, 2005, the conducted a sexual harassment investigation into the allegations made by Kendall against Plaintiff. Pl. SMF2 at \u00b6 19. The complaint was assigned for investigation to Kimberly Ballard-Washington (\"Washington\"), the former Associate Director for the OLA. Pl at *1326 \u00b6\u00b6 4, 6. Washington was the only investigator to interview witnesses during the investigation. Pl at \u00b6 50. Washington made the finding that Plaintiff violated the policy by committing sexual harassment as defined by the policy. Pl. SMF2 at \u00b6 4; Def. Resp. SMF2 at \u00b6 4. 1326 The parties have included facts in their filings regarding several other incidents that Washington uncovered in her investigation, even though as noted above, the finding of a violation of the policy relied only on the \"eyes\" and \"assets\" comments. First, it was alleged that Plaintiff made comments to others about Kendall being pictured in a magazine published in Athens, \"Athens Magazine,\" and that Plaintiff had a copy of the magazine in his office. Pl at \u00b6 75; Def at \u00b6 17. In the magazine, Kendall wore only a bathing suit. Pl at \u00b6 79. She was working for the College of Journalism at the time she posed for the magazine. Pl at \u00b6 80. Second, Washington was informed that Plaintiff requested that Kendall hand out awards at the Peabody Awards event, an annual function of the Grady School of Journalism. Pl at \u00b6 90; Def at \u00b6 19. Kendall told Washington that she believed the request that she present the awards was based on her appearance, and that she had refused to do as requested. Def at \u00b6 20. Third, Kendall told Washington that she had been told that, at a Christmas party, Plaintiff said to a group that, \"if [Kendall] was here, all this food would be gone.\" Pl at \u00b6 103. According to Kendall, as reported by her to Washington, she had also been told that Plaintiff went on to say don't Download Check Treatmen Sign In Opinion Summaries Case details know how she does that [eat so much] and keep that figure or keep that body or something of that nature, she must purge.\" Washington Dep. at 101. On May 12, 2005, six days before she gave Plaintiff the letter containing her sexual harassment complaint, Kendall was reprimanded by her supervisor, Sherrie Whaley, for sending inappropriate emails to various people outside of the University and for her tone in dealing with Plaintiff and Whaley. Pl. SMF2 at \u00b6\u00b6 17, 43-46. In fact, Kendall handed her letter to Plaintiff during a meeting she had with Plaintiff that was conducted in connection with the May 12, 2005 disciplinary action. Def. Resp at \u00b6 30. It was Washington's perception that prior to Kendall's making her complaint, Kendall and other employees in her department had become frustrated because supervision of them had recently increased. Washington Dep. at 217. According to Whaley, Kendall had a \"poor attitude\" and was \"not doing her job\" around the time she made the complaint against Plaintiff. Pl at \u00b6 115. One employee interviewed by Washington, Sandy Mayfield, stated to Washington that Kendall had a \"pattern\" of filing complaints against employers in response to supervision. Pl at \u00b6 122, Def. Resp at \u00b6 122. Finally, Kendall stated to Washington during the investigation that she wanted to file her sexual harassment complaint against Plaintiff before being terminated by UGA. Washington Dep. at 249. According to Plaintiff, on June 16, 2005, Washington told him in a telephone conversation that \"they\" were going to find him in violation of the sexual harassment policy. Pl at \u00b6 170. Plaintiff assumed that Washington was referring to Mace and Adams. Soloski Dep. at 32-33. Defendants contest this assumption, as Washington contends that she told Plaintiff she had enough information early on in order to make a finding that he had violated the policy. Def. Resp at \u00b6 170. *1327 Plaintiff claims that this telephone conversation was the first time he had any indication that he would not be exonerated of the charges of sexual harassment. Plaintiff's Statement of Additional Material Facts That Present a Genuine Issue for Trial (Pl. Add. SMF) [113-3] at \u00b6 4. 1327 Also on June 16, 2005, Plaintiff received a call from Kelly Simmons, a reporter for the Atlanta Journal Constitution (\"AJC\"). Pl at \u00b6 150. Plaintiff contends that Simmons had \"a considerable amount of the details\" Download Check Treatmen Sign In Opinion Summaries Case details regarding the investigation. Pl at \u00b6 153. On June 17, 2005, during the time that the was still investigating the sexual harassment complaint against Plaintiff, the ran an article that revealed that was investigating Plaintiff for sexual harassment. Pl at \u00b6 155. The article quoted Mace as confirming the existence of the investigation. Pl at \u00b6 156. According to Washington, UGA's policy requires that a sexual harassment allegation remain confidential until an official finding is made, and that information about an investigation not be released to the press until ten days after the official finding. Washington Dep. at 153, 112. It is undisputed that information about the sexual harassment complaint against Plaintiff was leaked to the press before that time, but the source of the information is unknown. Pl at \u00b6 163; Def. Resp at \u00b6 163. After hearing from Washington and Reporter Kelly Simmons, Plaintiff contacted Mace via email; in that email, he asked whether Mace wanted him to resign his position as Dean, stated that the allegations were upsetting to him personally, stated that he wanted to do what was best for Grady College, reminded Mace that they had a meeting scheduled the next week , and asked him to let him know what was happening sooner rather than later. Def at \u00b6 23; Def. Ex. 5 and 6. Plaintiff contends that this email was not an offer to resign, but a means for Plaintiff to try to determine how serious Mace considered the situation. Pl. Add at \u00b6 7. At 11:36 p.m. on June 16, 2005, after sending a second, similar email to Mace, Plaintiff received a voicemail message from Mace, telling Plaintiff that Adams doubted his effectiveness as a dean. Pl at \u00b6 48; Soloski Dep. at 40. Plaintiff called Mace the next morning, June 17, 2005, at which time Mace told Plaintiff that he had to consider the option of resigning. Pl at \u00b6 49. 5 5 Plaintiff's contract was expiring June 30, 2005 and was up for renewal. Fourth Amended Complaint at \u00b6 16; Def. Ex. 1. Washington was in contact with Provost Mace and President Adams during the course of the investigation. Mace's involvement with the investigation began within a few days following the opening of the investigation, and he was updated on the facts of the investigation when he called Washington. Pl. SMF2 at \u00b6\u00b6 30, 31; Def. Resp. SMF2 at \u00b6 30. While Plaintiff infers that this contact was improper, he asked Mace to find out Download Check Treatmen Sign In Opinion Summaries Case details what was happening. Def. Ex. 5. Further, Defendants contend that this communication conformed with common practice, because Mace served as Plaintiff's immediate supervisor. Def. Resp. SMF2 at \u00b6 30-31. The Policy, in fact, requires the Officer to \"keep the supervisor/administrator informed of the status of the complaint and [to] seek input from the appropriate supervisor/administrator *1328 when implementing corrective action.\" Def. Ex. 12 at 6. The Officer is the Executive Director of the OLA, Mr. Stephen Shewmaker, and/or his designee. In this case Washington was his designee. Def. Ex. 12 at 3; Shewmaker Dep. at 8. 1328 Nevertheless, Mace acknowledged that the Provost is not to have any role in the investigation of a potential violation of the policy; rather, the Provost's role is to act upon findings made by the OLA. Mace Dep. at 27. Mace testified that expressing his opinion to the could compromise a sexual harassment investigation, and that if he were to make a statement to the about what should occur in such an investigation, it would put the in a difficult position because he is the number two officer at UGA. Mace Dep. at 30-31. Mace is not aware of the Supreme Court's or the Eleventh Circuit's authority on sexual harassment under Title VII, nor has he been trained on the standard to be applied when determining whether sexual harassment has been committed under Title VII. Pl at \u00b6\u00b6 279-283. Following a June 20, 2005 meeting involving the matter between Plaintiff, his attorneys, and Mace and attorneys, on or around June 21, 2005, Adams, Mace, Washington, and Steve Shewmaker, the University Director of and Washington's supervisor, participated in a telephone conversation pertaining to the status of the investigation into Kendall's complaint about Plaintiff. Washington Dep. at 171. The phone call to President Adams was initiated by either Shewmaker or Mace. Washington Dep. at 172. Provost Mace told Adams during the investigation that the allegation against Plaintiff was \"serious and that there was likely to be a finding of guilt.\" Pl at \u00b6 298, Adams Dep. at 40. Mace told Adams what Plaintiff's comments had been. Adams Dep. at 41. Adams testified at his deposition that, \"[w]hen he made me aware of the language, it sounded to me to be a violation of the policy.\" Adams Dep. at 41. Download Check Treatmen Sign In Opinion Summaries Case details Between June 20 and 21, 2005, three meetings were held involving Provost Mace, attorneys from the University and Plaintiff and his attorneys. Pl. SMF2 at \u00b6 74; Def at \u00b6\u00b6 25-26. The sexual harassment investigation was not completed at the time of these meetings. Pl. SMF2 at \u00b6 85. Over the course of the meetings, Mace made four points to Plaintiff. Pl at \u00b6 184; Mace Dep. at 84-85. The content of Mace's points is undisputed. His first point was that deans serve at the pleasure of the Provost and President. Pl at \u00b6 185. His second point was that he had already disclosed to President Adams that there was a potential violation of the University's Policy. Pl at \u00b6 186. Mace's third point was that Mace believed that there was a \"definite violation\" based on witnesses to the \"eyes\" comment. Pl at \u00b6 187. His fourth point was that, based on his opinion, there had been sexual harassment as defined within UGA's policy. Pl at \u00b6 189. In these meetings, there was no chance for Plaintiff to discuss the facts related to Kendall or her charge against him. Pl. Add at \u00b6 16. Present at the first meeting were Provost Mace, Washington, Shewmaker, Plaintiff, and Plaintiff's attorneys Thomas Rogers and Thomas F. Hollingsworth III. Pl at \u00b6\u00b6 201, 204; Def. Resp at \u00b6\u00b6 201, 204. Mace began the meeting by stating that it was a preliminary meeting and that there would be a meeting *1329 later the same day at 2:30 p.m., at which time Mace would provide Plaintiff with a letter regarding what actions Provost Mace would take in connection with the sexual harassment allegations made against Plaintiff. Pl. SMF2 at \u00b6 98; Pl. Br. I. App. A. 1 \u00b6 8. Mace described his options for disciplining Plaintiff were there to be a finding against him. Pl. SMF2 at \u00b6 86, Def at \u00b6 27. Mace told Plaintiff that he had determined that the complaint of sexual harassment was valid. Pl. SMF2 at \u00b6 101, Pl. Br. I. App. A. 1 \u00b6 12. Mace then told Plaintiff that if Plaintiff resigned both his faculty position and his deanship, the case would not go forward, and no finding of sexual harassment would be made. Pl at \u00b6 213, Def at \u00b6 213. Mace asked for Plaintiff's resignation, and Plaintiff responded that he was not guilty of sexual harassment and had no intention of resigning from his position. Pl. SMF2 at \u00b6 102; Def at \u00b6 29. 1329 6 6 Mace testified that he did not know what constituted sexual harassment under applicable law but that he relied on to make those Download Check Treatmen Sign In Opinion Summaries Case details determinations. While he could overturn an decision, he would do so \"with extreme caution.\" Mace Dep. at 39-40 second meeting was held later the same day, at 2:30 p.m. Pl. SMF2 at \u00b6 104, Def at \u00b6 32. Present were Provost Mace, Washington, Shewmaker, Plaintiff, and Plaintiff's attorney Thomas Rogers. Soloski Dep. at 50-51. Mace began the meeting by stating that he had met with President Adams about Plaintiff, and that it needed to be clearly understood by everyone in the room that deans serve at the pleasure of the President. Pl. SMF2 at \u00b6 106, Def at \u00b6 33. Mace told Plaintiff that he had disclosed to President Adams that there was a potential violation of the University's policy. Pl. SMF2 at \u00b6 80. Mace told Plaintiff that if he were to resign his Dean position, he would be able to retain his faculty position. Def at \u00b6 34. Also at the second meeting, Mace read from a letter from former Provost Karen Holbrook to Plaintiff at the time he was hired as Dean. Pl at \u00b6 220; Def at \u00b6 39. The letter contained an agreement to provide a year of paid time off after Plaintiff resigned from his deanship and before he returned to the classroom. Def. Ex. 7. It also addressed Plaintiff's compensation upon return to the faculty after he resigned his deanship. Id. Mace told Plaintiff that the benefits promised in the Holbrook letter were only operative if he resigned as Dean and that the letter had no applicability if he were terminated as Dean. Pl at \u00b6 221; Def at \u00b6 39-40. Plaintiff did not agree to resign his deanship at the second meeting. Pl. SMF2 at \u00b6 107; Def at \u00b6 41. Instead, he asked that he have time to think about his options and to discuss the situation with his attorneys. Mace and Plaintiff agreed that the same group would reconvene the next day at 1:00 p.m. Def at \u00b6 41. On June 21, 2005, the third meeting took place in Provost Mace's office. Present were Mace, Shewmaker, Washington, Plaintiff, and Plaintiff's counsel. Pl at \u00b6 223. Plaintiff and his attorney Thomas Rogers began by proposing that Plaintiff resign his deanship in one year, allowing him to complete a number of projects he had begun at the Grady College. Pl. SMF2 at \u00b6 109; Def at \u00b6\u00b6 43-45. Mace stated that Plaintiff's proposal was unacceptable to President Adams and that the resignation would have to be immediate. Pl. SMF2 at \u00b6 110; Def at \u00b6 46. Mace told Plaintiff that if he were to resign *1330 immediately as Dean effective June 30, 2005, the 1330 Download Check Treatmen Sign In Opinion Summaries Case details provisions of the letter from Dr. Holbrook would be honored. Pl. SMF2 at \u00b6 112; Def at \u00b6 112 (admitted for the purposes of this Motion for Summary Judgment only). Plaintiff contends that at this time, because Mace had expressed an opinion on his guilt, because Mace and Adams were involved in the investigation, and because information about the investigation had been released to the media, Plaintiff had concluded that his working conditions had become so intolerable that he had no choice but to resign or be falsely labeled a sexual harasser. Pl at \u00b6\u00b6 229-233. Plaintiff further contends that, before he verbally resigned, Mace threatened to fire him as a faculty member without the protection of the tenure process, and that he threatened to ruin Plaintiff's reputation and academic career. Pl at \u00b6\u00b6 234, 235; Soloski Dep. at 128-129. On June 21, 2005, Plaintiff agreed to resign his position as Dean, under the condition that the terms of the resignation would be as set out in the Holbrook letter. Def at \u00b6\u00b6 51, 54. Plaintiff submitted his letter of resignation on June 27, 2005. Def at \u00b6 55. Plaintiff claims that during the third meeting with Mace, it was agreed that the University would not find Plaintiff in violation of the policy, and that everything was to write about Plaintiff would be positive. Def at \u00b6 52; Soloski Dep. at 64-65. On June 29, 2005, Washington made an official finding that Plaintiff had violated the policy and issued a letter to Plaintiff to that effect. Pl. SMF2 at \u00b6 22; Def at \u00b6 56 found that Plaintiff's comments (the \"eyes\" comment and the \"assets\" comment) created a hostile work environment for Kendall. Pl at \u00b6 251. In determining that Plaintiff engaged in sexual harassment, Washington applied a subjective test; she asked what effect the comments had on Kendall, and found that the comments made Kendall feel uncomfortable. Pl at \u00b6\u00b6 244, 252. Defendants point out that in addition to Kendall's subjective feelings, Washington relied on Plaintiff's admission that he made the statements alleged, and also took into account the magazine statement, the Christmas Party statement, the Peabody Award issue, and the fact that Plaintiff regarded Kendall as attractive. Def. Resp at \u00b6 245. The purpose of Download Check Treatmen Sign In Opinion Summaries Case details referencing this additional information was to give foundation to the finding and to the effect the comments had on Kendall. Def. Resp at \u00b6 245. While the University's policy defines sexual harassment in the same way that Title defines sexual harassment, Defendants contend that \"sexual harassment\" as defined by the policy is not a legal term of art, and that there can be a finding of sexual harassment under the policy on facts insufficient to support such a finding under Title VII. Def at \u00b6 73, Def. Resp. SMF2 at \u00b6 4. Plaintiff disputes this, as do UGA's inhouse lawyers. According to Washington, the University must apply the standards of Title is bound by Supreme Court and Eleventh Circuit precedent in interpreting Title as it relates to sexual harassment, and she applied Eleventh Circuit precedent when finding Soloski violated the University's sexual harassment policy. Washington Dep. at 118-120; Pl at \u00b6\u00b6 259-262. James Burns Newsome, Vice Chancellor for Legal Affairs at the Board of Regents of the University System of Georgia (\"BOR\"), \"would expect\" Eleventh Circuit case law interpreting *1331 Title to apply in Plaintiff's case. Newsome Dep. at 58; Pl at \u00b6 261. Plaintiff claims that during the three meetings held in Mace's office, there was no discussion about the law governing whether Plaintiff had committed sexual harassment. Pl. Add at \u00b6 15. Plaintiff contends that the sexual harassment policy references Title and must be applied consistently with Title precedents. Pl. Br at 3-4. 1331 On June 29, 2005, Plaintiff was reprimanded and sanctioned by Mace by a formal letter of reprimand and an order for Plaintiff to attend sexual harassment training. Pl. SMF2 at \u00b6\u00b6 23, 118. This letter went into Plaintiff's permanent personnel file. Pl. SMF2 at \u00b6 119. On July 13, 2005, pursuant to the policy, which provides that any individual not satisfied with the outcome of an investigation conducted under it has the right to appeal that decision to the President, Plaintiff appealed the finding that he committed sexual harassment to Adams. Pl. SMF2 at \u00b6\u00b6 24, 128, Def at \u00b6 72, Def. Resp at \u00b6 13. On July 21, 2005, Adams denied Plaintiff's appeal. Pl. SMF2 at \u00b6\u00b6 25, 129. It is undisputed that Adams did not examine the OLA's witness statements or investigative notes when conducting his review of Plaintiff's appeal. Pl. Download Check Treatmen Sign In Opinion Summaries Case details SMF2 at \u00b6\u00b6 134, 147, Adams Dep. at 63-64. He recalled reviewing a letter from Plaintiff's counsel, Thomas Rogers, in which Plaintiff admits to having made the comments at issue. Pl. SMF2 at 152, Adams Dep. at 63-64; Pl. Ex. 45. Adams could not specifically remember what else he reviewed, but upon considering the \"eyes\" and \"assets\" comments, Adams \"saw no basis to set aside the conclusion that had been reached.\" Adams Dep. at 64, 67; see Pl. Resp at \u00b6 59. Additionally, Adams had discussed Plaintiff's potential resignation with Mace prior to Plaintiff's appeal, and Adams was under the impression that Plaintiff and Mace had negotiated an arrangement surrounding Plaintiff's resignation. Pl. SMF2 at \u00b6 156; Def at \u00b6 60. In making his decision on Plaintiff's appeal, Adams believed he was upholding \"the agreement that seemed to have been worked out between [Plaintiff] and Dr. Mace.\" Adams Dep. at 64, 143; Pl. SMF2 at \u00b6 161. Because of this belief, Adams only took a \"cursory look\" at Plaintiff's appeal file. Adams Dep. at 62, 143; Pl at \u00b6 308. Adams wrote Plaintiff a letter denying his appeal which states, \"The record indicates that there were inappropriate comments made by you.\" Pl at \u00b6 310; Def. Ex. 10. Adams concluded that those comments, the \"eyes\" and \"assets\" comments, constituted sexual harassment under UGA's policy. Pl at \u00b6 312. On August 19, 2005, Plaintiff filed an application for review with the BOR. Pl at \u00b6 320. University employees who are sanctioned for sexual harassment have the right to petition for review by the BOR. Neely Dep. at 18; Pl at \u00b6 325. These appeals are discretionary, and accepted in order to correct mistakes made by institutions. Neely Dep. at 18; Pl at \u00b6 325. The Office of Legal Affairs at the OLA\") is responsible for presenting applications for review in sexual harassment cases to the Organization and Law Committee for the BOR. Neely Dep. at 17-18; Pl at \u00b6 326. Upon receipt of an application for review, the committee, made up of half the members of the BOR, can either grant a hearing or deny the application. Neely Dep. at 17, 200; Pl at \u00b6\u00b6 327, 328. Elizabeth Neely is the former Associate Vice Chancellor for the OLA. Pl. *1332 at \u00b6 20. Neely testified that within the OLA, there were differences of opinion as to whether Plaintiff should have been granted a 1332 Download Check Treatmen Sign In Opinion Summaries Case details name-clearing hearing, and that she \"considered very seriously trying to give him a name-clearing hearing.\" Neely Dep. at 25-26; Pl at \u00b6\u00b6 332, 334. Other employees believed that Plaintiff was not entitled to a hearing on the basis that he had resigned from his position as Dean rather than being removed, and that a name-clearing hearing would be an unnecessary media circus. Neely Dep. at 25; Def. Resp at \u00b6 333; Pl at \u00b6 333. Ultimately, the declined to review UGA's finding and Adams' decision to deny his appeal, as requested by Plaintiff. Pl at \u00b6 362; Def at \u00b6 68. Specifically, \"the Board of Regents simply said that it was not going to interrupt the decision of President Adams. It did not make specific findings of fact and law.\" Newsome Dep. at 66. In March 2005, as Dean of Grady College, Plaintiff sent a letter to Leonard Reid, offering him a higher salary in order to keep him at Grady. Pl. Add at \u00b6 25. Reid had been offered the deanship of the school of journalism at the University of Tennessee. Pl. Add at \u00b6 26. The offer to Reid was that should he stay at Grady College, he would have a ninemonth academic year appointment, but would pay his nine-month salary to him over twelve months, because that is what he wanted. Pl. Add at \u00b6 28. Because UGA's personnel payroll system was not compatible with this arrangement, Plaintiff, with Provost Mace's approval, put Reid into the personnel payroll system as a 12-month, fiscal year appointment, although Reid was in fact only an academic year appointee who worked nine months a year. Pl. Add at \u00b6 31. Provost Mace set Plaintiff's salary at $130,015 for the 2006-2007 academic year, the year Plaintiff returned to teaching. Pl. Add at \u00b6 35. Professor Reid's salary for the 2006-2007 academic year was $190,000. Pl. Add at \u00b6 37. Plaintiff argues that his agreement with then-Provost Holbrook did not limit Plaintiff's salary upon return to teaching to professors on academic appointments, but included all professors in the Grady College. Pl. Add at \u00b6 38. Further, Plaintiff contends that he did not choose to be appointed on an academic year basis, but that Provost Mace insisted that Plaintiff's letter of resignation include that language, under threat of a finding of sexual harassment. Pl. Add at \u00b6\u00b6 39, 43, 44. Download Check Treatmen Sign In Opinion Summaries Case details Plaintiff also alleges that treated him differently from the manner in which it treated Dwight Keith Parker, another employee who was investigated for sexual harassment. According to Plaintiff, Parker is African- American, and Plaintiff is white. Pl. Add at \u00b6\u00b6 50, 51. Both Plaintiff and Parker were charged with engaging in sexual harassment pursuant to UGA's policy in 2005. Pl. Add at \u00b6\u00b6 52, 53. Parker, however, was found not to have violated the sexual harassment provision of the policy. Pl. Add at \u00b6 54; Pl. Br App. D.1. On the other hand, subsequent to resigning his administrative position (Dean of the College of Journalism), Plaintiff was: (1) found guilty of sexual harassment; (2) publicly reprimanded, and (3) ordered to participate in sexual harassment training. Pl. Add at \u00b6 55. Both investigations were conducted by Kimberly Ballard-Washington for the OLA. Pl. Add at \u00b6\u00b6 91, 92. Parker and Plaintiff each have a Ph. D., and each holds the rank of Full Professor. Pl. Add at \u00b6\u00b6 59, 63. During 2005, Parker was Associate Vice President of Academic Affairs *1333 and Associate Provost. Pl. Add at \u00b6 68. Plaintiff was Dean of UGA's Grady College of Journalism. Pl. Add at \u00b6 69. During Mace's tenure as Provost, Parker and Plaintiff are the only two administrators at who were ever investigated for sexual harassment under the policy. Mace Dep. at 37; Pl. Add at \u00b6 70. 1333 The allegation against Parker involved a trip he took with a female graduate student to attend a conference in Washington, D.C. Pl. Add at \u00b6 71. The student alleged that during the trip, Parker first engaged in \"footsies\" with her, rubbing his feet against hers. Pl. Br App. C.12; Pl. Add at \u00b6 73. Later, he invited the student to sleep in his hotel suite. Pl. Add at \u00b6 74. It is undisputed that both did sleep in the same suite and that this was a violation of UGA's travel policy. Pl. Add at \u00b6 75. The student explained to Washington that Parker again physically touched her by massaging her feet with his hands. Pl. Add at \u00b6 76. He told her that she \"looked like she was the type of girl who liked to have fun.\" Pl. Add at \u00b6 77. On August 23, 2005, Washington concluded that Parker's conduct did not constitute sexual harassment. Pl. Add at \u00b6 79. Washington explained that she made this finding because Parker denied any sexual misconduct, making this incident a \"he-said-she-said\" scenario. Pl. Add at \u00b6 80. While Parker was not found to have violated the University's sexual Download Check Treatmen Sign In Opinion Summaries Case details harassment policy, Provost Mace found his behavior otherwise inappropriate and terminated Parker's administrative post and administrative pay. Mace Dep. at 184-186. Both Parker and Plaintiff were alleged to have made sexually inappropriate comments, and to have made them off-campus. Pl. Add at \u00b6\u00b6 82-84. Both Parker and Plaintiff denied any sexual intent toward the respective complainants. The finding for the Parker incident was made on August 23, 2005. Pl. Add at \u00b6 97. The finding for the Soloski incident was made on June 29, 2005. Pl. Add at \u00b6 98. Plaintiff resigned following the investigation against him, and Parker was terminated after tendering, and then withdrawing, his resignation. Pl. Add at \u00b6\u00b6 99, 100; Mace Dep. at 184-186. Plaintiff complained to Mace and the during his meetings with Mace of June 20, 2005 that he was being treated more harshly than Parker had been because he was not African American. Pl. Add at \u00b6\u00b6 104, 105 June 24, 2004 memo alleges that a number of sexual harassment complaints had been made against Parker; those allegations included physical touching and seemingly romantic invitations. Pl. Add at \u00b6\u00b6 106, 107. Parker, however, was not found in violation of UGA's sexual harassment policy. Pl. Add at \u00b6 109. It appears that the 2004 finding of no violation by Parker was the result of an investigation by attorney Shewmaker, not Washington. Pl. Br App. D.5. 7 7 This complaint could not have been made on the basis of the allegation against Parker involving the trip he took to Washington with a student, since no decision was made on those allegations until two months later. Instead this alleged complaint involved actions taken (or not taken) against Parker a year earlier. On November 3, 2005, Plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission (\"EEOC\") alleging that he had been discriminated against by his employer, Defendant BOR, because of his race (White) in violation of Title VII. Fourth Amended *1334 Complaint at \u00b6 105. Plaintiff filed an Amended Charge of Discrimination with the on July 19, 2006, alleging that he had been retaliated against by the for having opposed unlawful employment practices, in violation of Title VII. 1334 Download Check Treatmen Sign In Opinion Summaries Case details Fourth Amended Complaint at \u00b6 105. On August 28, 2006, Plaintiff received a Notice of his right to sue from the with regard to his Charge and Amended Charge. Fourth Amended Complaint at \u00b6 106. According to Plaintiff, Defendants' finding against Plaintiff caused him intense feelings of embarrassment and humiliation. Pl. Add at \u00b6 112. He testified that in academia, \"being found a sexual harasser is akin to being a pedophile.\" Soloski Dep. at 52; Pl. Add at \u00b6 113. Plaintiff claims that during the June 20 and 21, 2005 meetings in which he and his attorneys participated with Provost Mace and others, Defendants bullied and intimidated him into resignation with threats to label him a sexual harasser. Pl. Add at \u00b6 116. Plaintiff also contends that Defendants represented to him that if he resigned, there would not be a finding that he committed sexual harassment, and that upon his resignation they would write a positive letter for him and he would not receive a formal reprimand. Pl. Add at \u00b6\u00b6 117, 118. Plaintiff claims that he made the decision to resign in reliance on Defendants' representation that if he did, there would not be a finding of sexual harassment. Pl. Add at \u00b6 119. Subsequently, the made the finding that he had violated the policy. Pl. Add at \u00b6 120. Because many of the Court's findings of fact are intertwined with its analysis of whether the parties have met their respective evidentiary burdens, the remaining relevant facts are set forth in the Discussion below Summary judgment is authorized when \"the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to a judgment as a matter of law.\" Fed.R.Civ.P. 56(c). The party seeking summary judgment bears the burden of demonstrating the absence of a genuine dispute as to any material fact. See Adickes v. S.H. Kress Co., 398 U.S. 144, 175, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Bingham, Ltd. v. United States, 724 F.2d 921, 924 (11th Cir. 1984). The movant carries this burden by showing the court that there is Download Check Treatmen Sign In Opinion Summaries Case details \"an absence of evidence to support the nonmoving party's case.\" Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In making its determination, the court must view the evidence and all factual inferences in the light most favorable to the nonmoving party. Once the moving party has adequately supported its motion, the nonmoving party must come forward with specific facts that demonstrate the existence of a genuine issue for trial. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The nonmoving party is required \"to go beyond the pleadings\" and to present competent evidence designating \"specific facts showing that there is a genuine issue for trial.\" Celotex, 477 U.S. at 324, 106 S.Ct. 2548. Generally, \"[t]he mere existence of a scintilla of evidence\" supporting the non-moving *1335 party's case is insufficient to defeat a motion for summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). 1335 When considering motions for summary judgment, the court does not make decisions as to the merits of disputed factual issues. See Anderson, 477 U.S. at 249, 106 S.Ct. 2505; Ryder Int'l Corp. v. First American Nat'l Bank, 943 F.2d 1521, 1523 (11th Cir. 1991). Rather, the court only determines whether there are genuine issues of material fact to be tried. Applicable substantive law identifies those facts that are material and those that are irrelevant. Anderson, 477 U.S. at 248, 106 S.Ct. 2505. Disputed facts that do not resolve or affect the outcome of a suit will not properly preclude the entry of summary judgment. Id. If a fact is found to be material, the court must also consider the genuineness of the alleged factual dispute. Id. An issue is not genuine if it is unsupported by evidence, or if it is created by evidence that is \"merely colorable\" or is \"not significantly probative.\" Id. at 250, 106 S.Ct. 2505 dispute is genuine \"if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.\" Anderson, 477 U.S. at 242, 106 S.Ct. 2505. Moreover, for factual issues to be genuine, they must have a real basis in the record. Matsushita, 475 U.S. at 587, 106 S.Ct. 1348. The nonmoving party \"must do more than simply show that there is some metaphysical doubt as to the material facts.\" Id. at 586, 106 S.Ct. 1348. \"Where the record taken as a whole could not lead a rational trier of fact to Download Check Treatmen Sign In Opinion Summaries Case details find for the non-moving party, there is no `genuine issue for trial.'\" Id. at 587, 106 S.Ct. 1348 (quoting First Nat'l Bank of Arizona v. Cities Service Co., 391 U.S. 253, 289, 88 S.Ct. 1575, 20 L.Ed.2d 569 (1968)). Thus, the standard for summary judgment mirrors that for a directed verdict: \"whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.\" Anderson, 477 U.S. at 259, 106 S.Ct. 2505 The parties have filed cross motions for summary judgment on Plaintiff's mandamus claim (Count One of his complaint). Plaintiff asks for a Writ of Mandamus pursuant to O.C.G.A. \u00a7 9-6-20 that would compel Defendants to rescind, recant, and expunge the official finding that he violated the University's policy. Pl. Br. at 22. The relevant law provides that, \"All official duties should be faithfully performed; and whenever, from any cause, a defect of legal justice would ensue from a failure to perform or from improper performance, the writ of mandamus may issue to compel a due performance, if there is no other specific legal remedy for the legal rights.\" O.C.G.A. \u00a7 9-6-20. Mandamus is available only when it is exclusive. Mattox v. Board of Education, 148 Ga. 577, 97 S.E. 532, 533 (1918). Mandamus will issue against a public officer under two circumstances: (1) when there is a clear legal right to the relief sought; or (2) when there has been a gross abuse of discretion. See Jackson County v. Earth Res., Inc., 280 Ga. 389, 627 S.E.2d 569, 571 (2006). The grant of mandamus is discretionary. Schrenko v. DeKalb County Sch. Dist., 276 Ga. 786, 582 S.E.2d 109, 116 (2003). Plaintiff argues for application of the gross abuse of discretion standard. Pl. Br. *1336 22-23. Under this standard, Plaintiff would be entitled to a rescission of the finding against him if it was the result of a gross abuse of discretion. Alternatively, under the clear legal right standard, Plaintiff would have to prove that he has a clear legal right to the relief requested and no specific legal remedy for attaining it. Defendants argue that Plaintiff cannot meet the elements required to entitle him to a writ of mandamus, but they make this argument only under the \"clear legal right\" standard. Def. Resp. 18-20. 1336 Download Check Treatmen Sign In Opinion Summaries Case details Because, for the reasons discussed infra, Plaintiff does not have a clear legal right to a name-clearing hearing based on his breach of contract for lack of due process claim or on his \u00a7 1983 claim, Plaintiff must prove a gross abuse of discretion in order to be entitled to a writ of mandamus. \"If a mandamus complainant cannot show a clear legal duty incumbent upon the respondent, the complainant may still be entitled to relief if he can show that the respondent grossly abused his or her discretion in taking or refusing to take official action.\" Gilmer County v. City of East Ellijay, 272 Ga. 774, 533 S.E.2d 715, 717 (2000) (citing Dougherty County v. Webb, 256 Ga. 474, 350 S.E.2d 457 (1986)). The Court finds as a matter of law that Defendants' finding that Plaintiff violated the University's sexual harassment policy was the result of a gross abuse of discretion. 8 8 In its Report and Recommendation on Defendant's Motion to Dismiss [36], the Court recommended denial of that motion with respect to Plaintiff's mandamus claim on the ground that Plaintiff might be able to establish a \"clear legal right\" to a name-clearing hearing. Now that the evidence has been presented on summary judgment, it is apparent that Plaintiff gave up his \"clear legal right\" to a name-clearing hearing when he voluntarily resigned his position as Dean. Nevertheless, the Court also recommended the denial of Defendant's Motion to Dismiss on Plaintiff's mandamus claim by applying the \"gross abuse of discretion\" test. See footnote 8 to Report and Recommendation [36]. \"Mandamus provides extraordinary relief to compel the performance of an official duty. It does not issue to direct a public official to do a discretionary act unless such discretion has been grossly abused.\" Tamaroffv. Cowen, 270 Ga. 415, 511 S.E.2d 159, 160 (1999) (citations omitted). The Georgia Supreme Court has held: [W]hile the writ cannot ordinarily be employed to control a discretion vested in such an officer by directing what his action shall be, or in effect to reverse his action in the orderly exercise of such discretion, the exception to this general rule is where there is no other legal remedy available, and where there have been such an arbitrary and capricious use and such gross abuse of discretion as will in effect amount to a failure on the part of the officer to exercise his discretion at all. Download Check Treatmen Sign In Opinion Summaries Case details South View Cemetery Ass'n v. Hailey, 199 Ga. 478, 34 S.E.2d 863, 867 (1945). The first inquiry is whether Defendants' finding of sexual harassment against Plaintiff was a discretionary decision. Defining a \"discretionary act\" in the context of determining whether the Georgia Department of Transportation was entitled to sovereign immunity, the Court of Appeals of Georgia writes discretionary act calls for the exercise of personal deliberation and judgment, which in turn entails examining the facts, reaching reasoned conclusions, and acting on them in a way not specifically directed.\" Murray v. Ga. DOT, 284 Ga.App. 263, 644 S.E.2d 290, 295 (2007). The Court finds that Defendants performed a discretionary act in applying *1337 the policy and determining that Plaintiff violated it. In conducting its investigation the University OLA, through investigator Kimberly Ballard-Washington, was charged with examining the facts alleged in Kendall's complaint and reaching a conclusion as to whether Plaintiff had violated the policy. Thus, Washington exercised discretion in reaching her conclusion that Plaintiff had violated the University's sexual harassment policy. 1337 Provost Mace and Defendant Adams likewise exercised discretion in deciding on review whether the had come to the correct conclusion. Finally, the was involved in a discretionary act as defined by the Georgia courts in reaching its decision on whether or not to grant Plaintiff's application for review. In fact, Elizabeth Neely, former Associate Vice Chancellor of the OLA, characterizes such reviews as \"discretionary.\" Neely Dep. at 18 public official's exercise of discretion will not be disturbed by a mandamus order unless the official's actions were \"arbitrary, capricious and unreasonable.\" Gilmer County, 533 S.E.2d at 718 (quoting Atlanta v. Wansley Moving Storage Co., 245 Ga. 794, 267 S.E.2d 234, 236 (1980)); see also Pruitt v. Meeks, 226 Ga. 661, 177 S.E.2d 41, 43 (1970 gross abuse of discretion must be \"arbitrary, capricious and unreasonable.\"). This standard is most often applied by the Supreme Court of Georgia in mandamus cases regarding the denial of discretionary zoning permits. See, e.g., id.; Atlanta v. Wansley Moving Storage Comp., 245 Ga. 794, 267 S.E.2d 234 (1980). In Atlanta v. Wansley, the Atlanta zoning ordinance relied on by the City in denying the applicant's Download Check Treatmen Sign In Opinion Summaries Case details request for a special use permit \"[did] not specify the conditions which must be met in order to obtain a special use permit. It provide[d] that after a public hearing, the city may authorize certain uses upon appropriate conditions to be fixed by the city.\" 267 S.E.2d at 236-37. The City's decision was discretionary within the framework of the power to authorize \"certain uses\" defined by the statute and to impose \"appropriate conditions.\" The Court held that the applicant had the burden of showing that the city's denial was arbitrary, capricious and unreasonable in order to be entitled to a writ of mandamus compelling the issuance of a permit. Id. at 237. \"The focus should be on . . . whether there was evidence to support the city's decision.\" Id. at 236. The arbitrary, capricious and unreasonable standard is applicable here. As in the zoning cases, the Court will focus on whether there was evidence to support Washington's finding under the standards of the policy clear error in judgment or the application of an incorrect legal standard is an abuse of discretion,\" Cotton v. Jackson, 216 F.3d 1328, 1332 (11th Cir. 2000), and such an error that rises to the level of arbitrary, capricious and unreasonable is a gross abuse of discretion. While Defendants' decision to find Plaintiff in violation of the policy was a discretionary one, they had the duty to adhere to the standards of the policy itself. The Court finds that they did not, and that the failure to do so amounted to a gross abuse of discretion. *1338 9 1338 9 Additionally, Plaintiff argues that Defendants were bound by Plaintiff's faculty contract, which was subject to the Board of Regents Policy Manual Section 802.17, to provide Plaintiff with due process before sanctioning him for sexual harassment. This potential contract claim was not raised in Plaintiff's Fourth Amended Complaint, which, when fairly read, addresses only Plaintiff's deanship contract and his loss of it. That Plaintiff's faculty contract may have been breached was raised for the first time at oral argument before this Court on October 28, 2008. The Court notes, but does not have before it because not pled, that Plaintiff's faculty contract may have given him a clear legal right to due process before being sanctioned for sexual harassment, satisfying the \"clear legal right\" standard for mandamus. Failure to raise that argument properly, however, is of no moment because Download Check Treatmen Sign In Opinion Summaries Case details the Court finds that, as a result of Defendants' gross abuse of discretion, Plaintiff is entitled to the relief he seeks. Specifically, the Court finds that Defendants grossly abused their discretion by failing to judge Plaintiff by the applicable standard. While he was told that he was being charged with violating the policy, which references Title VII, he was in fact investigated and found guilty under a standard completely different from the Title standard. The policy gave Plaintiff notice of the charges against him by defining sexual harassment as it is defined under Title VII. Because (and those who reviewed its decision) did not apply the policy in any way remotely consistent with Title VII, its decision was the result of a gross abuse of discretion leading to a defect of legal justice under O.C.G.A. \u00a7 9-6-20 and authorizing the issuance of a writ of mandamus to correct it. Defendants argue that Plaintiff cannot challenge the finding against him because he admitted to making the statements that are the basis of the finding, and because \"there is no dispute that Plaintiff engaged in activity which was violative of this policy.\" Def. Resp. at 7. As noted above, however, Defendants rely on a reading of the policy that comports with no established standards for determining whether sexual harassment has been committed. The policy defines sexual harassment as follows: Pursuant to Title of the Civil Rights Act of 1964 and Title of the Educational Amendments of 1972, \"sexual harassment\" is defined as: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when: 1. Submission to such conduct is made either implicitly or explicitly a term or condition of an individual's employment or status in a course, program or activity; 2. Submission or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual; or Download Check Treatmen Sign In Opinion Summaries Case details 3. Such conduct has the purpose or effect of interfering with the individual's work or educational performance; of creating an intimidating, hostile, or offensive working and/or learning environment; or of interfering with one's ability to participate in or benefit from an educational program or activity. Examples of sexual harassment may include, but are not limited to the following: 1. Physical Assault. 2. Direct or implied threats that submission to sexual advances will be a condition of employment, work status, compensation, promotion, grades, or letters of recommendation. 3. Sexual advances, physical or implied, or direct propositions of a sexual nature. This activity may include inappropriate/unnecessary touching or rubbing against another, sexually suggestive or degrading jokes or comments, remarks of a sexual nature about one's clothing and/or body, preferential treatment in *1339 exchange for sexual activity, and the inappropriate display of sexually explicit pictures, text, printed materials, or objects that do not serve an academic purpose. 1339 4 pattern of conduct, which can be subtle in nature, that has sexual overtones and is intended to create or has the effect of creating discomfort and/or that humiliates another. 5. Remarks speculating about a person's sexual activities or sexual history, or remarks about one's own sexual activities or sexual history that do not serve a medical or academic purpose. Def. Ex. 12. Defendants contend that an employee violates the policy when he or she makes remarks of a sexual nature \"about one's clothing and/or body,\" quoting from paragraph number 3 under the line \"Examples of sexual harassment may include, but are not limited to the following.\" Following this reasoning, Plaintiff violated the Policy when he made the \"assets\" Download Check Treatmen Sign In Opinion Summaries Case details comment. According to Defendants, the inquiry necessarily ended once it was established that Plaintiff did indeed make the comment, and nothing further needed to be considered to find a violation of the policy. Def. Resp. at 7-8. In their brief, Defendants rely almost exclusively on the \"examples\" of sexual harassment given in the policy, and hardly address the broad \"definition\" itself, in which sexual harassment is defined in relevant part as: \"verbal conduct of a sexual nature when: [s]uch conduct has the purpose or effect of interfering with the individual's work or educational performance; of creating an intimidating, hostile, or offensive working and/or learning environment; or of interfering with one's ability to participate in or benefit from an educational program or activity.\" Defendants merely state that \"Kendall's complaint makes it clear that she felt these comments were offensive.\" Def. Br. at 5. There is no support for the contention that the \"examples\" section of the policy should stand separately from the first section and that conduct resembling one of the examples should summarily be deemed a violation without further examination under the entire policy. Defendants' argument that Plaintiff's conduct constituted an obvious violation of the policy is at best incomplete; the \"examples\" section of the policy did not provide Plaintiff with adequate notice of the standard Defendants would apply to a sexual harassment investigation. The Court finds it necessary to examine further the basis of Defendants' finding. Defendants argue that their approach to investigating Kendall's complaint is not subject to examination by the Court under any legal standard for finding sexual harassment because \"there is no prohibition against a university, or any other employer, from determining the contours of its own policies and procedures concerning anti-harassment on its campus.\" Def. Resp. at 2. Defendants may be correct as a general matter. Regarding UGA's policy, however, because those charged under the policy have a right to notice of the standard under which they will be judged, and because the University chose to incorporate Title into its policy, while not necessarily binding, the standards of Title must be considered. Download Check Treatmen Sign In Opinion Summaries Case details The policy defines sexual harassment \"[p]ursuant to Title of the Civil Rights Act of 1964 and Title of the Educational Amendments of 1972.\" Def. Ex. 12. To determine what standards *1340 were meant to apply in implementing the policy, the Court looks to UGA's intent in enacting the policy. The policy gives no indication of the standards to be applied other than the reference to Title quoted above. Given that the policy references Title in defining sexual harassment, the Court concludes that Title standards were intended to control investigations of potential violations. Otherwise, those subject to the policy would be unable to govern their conduct in accordance with the expectations set by it, and would be subject to arbitrary enforcement. 1340 Deposition testimony of personnel reinforces the view that Title provides the proper standard. James Burns Newsome, Vice Chancellor for Legal Affairs at the BOR, stated that he \"would expect\" Eleventh Circuit case law interpreting Title to apply in Plaintiff's case. Newsome Dep. at 58. Moreover, Kimberly Ballard-Washington stated that she did apply Title VII, as was required, when determining that Plaintiff violated the policy. Washington Dep. at 118 \u2014 120. Washington explained her finding thus determined that based on his statements, his comments, his actions, that it created a hostile work environment for this particular employee and that the incidents were severe and pervasive enough for her to be made to feel uncomfortable.\" Washington Dep. at 125. The Court finds that Plaintiff's conduct does not satisfy the definition of sexual harassment based upon a hostile work environment under Supreme Court and Eleventh Circuit precedent applying Title VII. In fact, Plaintiff's conduct was so far from constituting sexual harassment that to conclude otherwise, while claiming to apply the applicable law, deprived Plaintiff of due process and was a gross abuse of discretion on the part of Defendants. Plaintiff was clearly judged under a standard different from the standard set by cases interpreting Title VII. In order to establish a prima facie case for a Title claim for a hostile work environment based on sexual harassment, a plaintiff must show that: 1) he or she belongs to a protected group; 2) he or she was subjected to unwelcome sexual harassment; 3) the harassment was based on sex, and 4) Download Check Treatmen Sign In Opinion Summaries Case details the harassment was sufficiently severe or pervasive to alter the terms and conditions of employment. Henson v. City of Dundee, 682 F.2d 897, 903-905 (11th Cir. 1982); see also Cross v. Alabama, 49 F.3d 1490, 1504 (11th Cir. 1995); Huddleston v. Roger Dean Chevrolet, Inc., 845 F.2d 900, 904 (11th Cir. 1988); Sparks v. Pilot Freight Carriers, Inc., 830 F.2d 1554, 1557 (11th Cir. 1987). As to the second and third factors, there is no evidence that Plaintiff's comments to Kendall were unwelcome at the time they were made, and only the \"assets\" comment was arguably based on sex. 10 10 She did not advise Plaintiff that his comments made her uncomfortable, nor did she complain of them to the University until seven months had passed since the first comment and one month had passed since the second one. UGA's finding fails most spectacularly, however, on the fourth element does not possess sufficient evidence to show that Kendall's work environment was \"permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of [her] employment and create an abusive working environment.\" Harris v. Forklift Sys., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) (citation omitted). To determine whether a hostile environment *1341 is severe or pervasive enough to be actionable under Title VII, the \"totality of the circumstances\" must be considered; a court must consider not only the frequency of the incidents alleged but also the gravity of those incidents. Harris, 510 U.S. at 23, 114 S.Ct. 367. Other factors that are relevant are whether the offensive conduct is physically intimidating or humiliating, and whether it unreasonably interferes with plaintiff's work performance. Harris, 510 U.S. at 23, 114 S.Ct. 367. 1341 Plaintiff's conduct did not involve physical touching. His conduct consisted of two comments, made outside of the office, six months apart. They were the only \"offensive\" comments that he made to her that Kendall complained of in her four years of working with Plaintiff. Even assuming the comments could alter a workplace environment if pervasive, the paucity of the comments here precludes a finding that the workplace was \"permeated with discriminatory intimidation, ridicule, and insult.\" Further, while Kendall claimed that she found Plaintiff's conduct offensive and Washington relied on her subjective feelings in reaching her Download Check Treatmen Sign In Opinion Summaries Case details conclusions, the ultimate test to apply in determining whether conduct is severe or pervasive is an objective one. See Mendoza v. Borden, Inc., 195 F.3d 1238, 1247 (11th Cir. 1999). Washington improperly applied a subjective test only, asking what effect the comments had on Kendall without considering whether her feelings were objectively reasonable. Washington Dep. at 46, 47, 125. 11 11 Washington wrote, \"In this case the evidence suggests that it was reasonable, given the totality of the circumstances, for the complainant to believe that sexual advances were being directed toward her.\" Pl. Appendix C.66, \"Letter of Determination\" (emphasis added). Not only does fail to address whether complainant's belief was objectively reasonable, it bases its finding on evidence that merely suggests that the subjective feelings of the complainant were reasonable. Applying an objective standard and looking at the totality of the circumstances, there is no judicial authority that this Court is aware of that would suggest that Plaintiff's conduct came anywhere near creating a hostile work environment for Kendall. In fact, Defendants cited no evidence in their finding of sexual harassment or in Adams' letter denying Plaintiff's appeal that could possibly amount to sexual harassment under any legal standard. Because of the lack of adequate evidence against Plaintiff and Defendants' failure to conduct the investigation under Title standards, as required by the policy, the Court finds that Defendants' actions were arbitrary, capricious and unreasonable, amounting to a gross abuse of discretion under Georgia law. Pruitt v. Meeks, 226 Ga. 661, 177 S.E.2d 41 (1970). The Court is not holding that, to withstand attack, the University's conclusion in a sexual harassment investigation must be one that would be affirmed by the Court. But, given the University's reference to Title in its definition of sexual harassment (\"[p]ursuant to Title of the Civil Rights Act of 1964 . . . sexual harassment is defined as:\"), any finding of sexual harassment must at least apply the facts found to the existing Title law. If that were to be done and a result reached that a court may disagree with, that would not amount to a gross abuse of discretion. But, it is a gross abuse of discretion to find one guilty of sexual harassment under a policy that incorporates Title without at least going through the motions of applying the facts of a case to the well understood Title law, i.e. that the Download Check Treatmen Sign In Opinion Summaries Case details acts be so *1342 severe or pervasive that an objective, reasonable person would find that they \"alter the conditions of employment and create an abusive working environment.\" Harris, 510 U.S. at 21, 114 S.Ct. 367. 1342 Pointing to a case from the Supreme Court of Georgia, Campbell v. Fulton County Bd. of Regist. and Elec., 249 Ga. 845, 295 S.E.2d 80 (1982), Plaintiff argues that because Defendants engaged in a gross abuse of discretion by failing to judge him by the standards they charged him with violating, he is entitled to a rescission of Defendants' finding and an Order requiring to retract the finding that he violated the policy to the same audience reached by that finding. Pl. Br. 24. While the case stands alone in the specific remedy it rewards, it has not been overturned by the Supreme Court of Georgia and does support Plaintiff's position. In the Campbell case, two candidates for Atlanta City Council filed complaints following the election with the Fulton County Board of Registration and Elections (the \"Board\"), which was administering the October 6, 1981 City of Atlanta elections. 249 Ga. at 846, 295 S.E.2d 80. The complaints alleged that Campbell, another candidate who had received 50.3% of the vote, had committed certain violations of the municipal election laws. Id. The Board ordered a County employee, Frank Davis, to conduct an investigation into the allegations. Id. Davis testified that he was instructed by the Board that it was not necessary to discuss the investigation with Campbell; that he spent less than twenty- four hours conducting the investigation; that he conducted his interviews of persons associated with the alleged problems on election day by telephone, and that none of them was under oath. Id. Davis provided an investigative report to the Board that \"recited allegations by those interviewed that appellant's campaign workers illegally assisted voters in completing voter certificates and that appellant himself was `illegally \"assisting . . . and influencing\" voters at the polls.'\" Id. Relying on that investigative report, the Board adopted a resolution recommending the election be set aside and that Campbell be \"disqualified as a candidate\" from the office of Council member. Id. The next day, Campbell appeared before the Board requesting that he be given an opportunity to be heard and to refute the charges recited in the investigative report. \"Campbell also requested that the Board rescind its resolution disqualifying him as a candidate.\" Id. The Board denied Campbell's requests. Id. Download Check Treatmen Sign In Opinion Summaries Case details Campbell filed suit against the Board seeking a writ of mandamus and injunctive relief and asking that the Board's resolutions be expunged from the Board's records and for a permanent injunction \"from further violation of his constitutional rights.\" Id. The trial court denied the writ of mandamus and dismissed the claims for injunctive and declaratory relief. The Georgia Supreme Court reversed, reasoning that the danger in approving practices such as those taken by the Board were evident. \"While the Municipal Elections Code provides for rudimentary elements of due process-notice and an opportunity to be heard-where there is a petition to contest an election, in this case, the Board acting outside the scope of this statutory scheme, not only failed to provide appellant with an opportunity to be heard, but unequivocally denied his request for one.\" Id. In granting Campbell the relief he sought, the Court was \"persuaded by the reasoning underlying those cases which allow expungement of statements unnecessary *1343 to the purpose sought to be accomplished by a grand jury report.\" Id. The Court wrote: \"`An informal report . . . drafted, after a secret investigation and based on an uncertain standard of proof, may be remembered long after equally informal denials or objections . . . from its targets are forgotten.'\" Id. (quoting Thompson v. Macon-Bibb County Hospital Authority, 246 Ga. 777, 779, 273 S.E.2d 19 (1980)). Relying on its determination that the Board lacked the authority to issue a resolution recommending that Campbell be disqualified as a candidate, and that it violated due process rights provided by the elections code in making that recommendation without a hearing, the Court held that \"the appellant in this case has the right to have the Board's resolutions affecting him expunged from the Board's records.\" Id. 1343 As the Board in Campbell acted outside of its statutory scheme to deprive Campbell of the \"rudimentary elements of due process\" to which he was entitled, Defendants in this case acted beyond their discretionary authority in finding Plaintiff in violation of the policy for sexual harassment. Defendants were constrained to follow the standards of proof set by the policy and they did not. While they were free to terminate Plaintiff's deanship position at any time for any reason, they were not free to destroy his reputation under color of University policy, while ignoring the standards that defined that University policy. Download Check Treatmen Sign In Opinion Summaries Case details As the plaintiff in Campbell, Plaintiff in this case is entitled to have the finding against him expunged from the public record. Plaintiff, however, requests not only a writ directing Defendants to right their wrong by rescinding the official finding, but he also seeks an order requiring the University to recant via publication to the same audience as was advised that Plaintiff had been found to have sexually harassed a subordinate. Pl. Br. at 29. 12 12 Plaintiff contends that audience can be reached with a press release sent to each newspaper in Georgia and the Associated Press, papers and entities that have covered Plaintiff's fate and by paid advertisements in the journals read by Plaintiff's peers. Pl. Br. at 29. The Court concludes that a writ of mandamus should issue requiring Defendants to rescind their finding and expunge the record of any finding that Plaintiff violated Defendants' policy against sexual harassment in 2005. While the Court considered ordering a name-clearing hearing, it sees no purpose in that in light of its finding that it was, and would be, a gross abuse of discretion to conclude that Plaintiff violated the University's sexual harassment policy under the facts of this case. On the other hand, for the present the Court leaves to the parties the appropriateness of widespread publication of the fact that the University has reversed its finding that Plaintiff violated its sexual harassment policy. The Court is concerned that publicity linking Plaintiff's name to sexual harassment, even in the context of saying the University has reversed its position and found that he was not a sexual harasser, will only do him more harm. The Court would prefer that the parties, outside the heat of litigation, get together and agree on what scope *1344 of recantation, if any, would best serve Plaintiff's interests. If they are unable to reach such an agreement Plaintiff may petition the Court to reconsider its order and to mandate publicity. 13 1344 13 It seems inconsistent for Plaintiff to seek expungement of the finding of sexual harassment from his and University records, and then to ask for widespread publicity of the fact that the University, after litigation, had been forced to reverse its position. Perhaps it would be best to just clear the records and let sleeping dogs lie. Download Check Treatmen Sign In Opinion Summaries Case details Accordingly, the Court that Plaintiff's motion for summary judgment on Count One, Mandamus, be in part, and that Defendant's motion on that count be DENIED. Plaintiff's motion should be granted in part so as to require the University to expunge all record of the 2005 finding that Plaintiff violated its sexual harassment policy. At this time the undersigned does not that affirmative publicity be ordered Plaintiff has moved for summary judgment on Count Two of his complaint, breach of contract. Defendant has also moved for summary judgment on this claim. Plaintiff argues that Defendants have breached their employment contract with him by sanctioning him for sexual harassment without due process. Plaintiff claims a right not to be sanctioned for sexual harassment without due process arising out of the language of his deanship contract. Pl. Br. at 4. While not pled, in his brief he also claims a Constitutional right to due process before he can be terminated, by virtue of his status as a state government employee. Pl. Br. at 7. The Court finds that while Plaintiff's deanship contract did include a right not to be sanctioned for sexual harassment without due process, Plaintiff terminated his rights under that contract when, as part of an agreed resolution of a dispute, he resigned his position as Dean of Grady College. The Court finds that Plaintiff's Constitutional due process claim fails because he did not possess a protected property interest in his deanship position, and because he was not terminated but resigned. Similarly, Plaintiff cannot demonstrate all six required factors laid out by the Eleventh Circuit in Buxton v. Plant City, 871 F.2d 1037, 1042-43 (11th Cir. 1989), to show a deprivation of a liberty interest in his reputation. 1. Contractual Due Process Plaintiff's deanship contract states, \"You hold your administrative title and position at the pleasure of the President.\" Def. Ex. 1. In addition, it provides, \"This administrative appointment is made expressly subject to the applicable state and federal laws and to statutes and regulations of this institution and to the bylaws and policies of the Board of Regents,\" thus Download Check Treatmen Sign In Opinion Summaries Case details incorporating the Board of Regents Policy Manual Policy Manual\") by reference. In turn, Section 802.17 of the Policy Manual provides: \"Sexual harassment of employees or students in the University System is prohibited and shall subject the offender to dismissal or other sanctions after compliance with procedural due process requirements.\" Pl. Br. App. C.5 (emphasis added). Plaintiff was sanctioned for sexual harassment without the due process promised by Section 802.17. He received a formal letter of reprimand in his personnel file and was made to attend sexual harassment training. Before being sanctioned, however, Plaintiff had resigned his deanship position. His resignation followed an *1345 agreed to resolution of the sexual harassment claim made against him by an employee of the college for which he served as Dean. That claim was investigated by which let him know that he might be found guilty of violating the University's sexual harassment policy. He responded by asking the Provost whether he should resign. See Plaintiff's Appendix C-76 and 77. The Provost told him that the University president, Adams, doubted that he could be effective as a dean and that he had to consider resignation as an option. 14 1345 14 The letter in Plaintiff's personnel file is a particularly harsh sanction because it is publicly available pursuant to the Georgia Open Records Act, and therefore has a significant negative impact on his future employment opportunities. Plaintiff employed counsel and negotiations ensued. The Provost initially told Plaintiff that it was his opinion that there had been sexual harassment but that if Plaintiff resigned both his tenured faculty position and deanship the harassment case would not go forward. Plaintiff refused to resign and negotiations continued. Ultimately, Provost Mace offered that if Plaintiff resigned his deanship he would be able to retain his faculty position and the University would honor a letter written by the former Provost to Plaintiff when he became dean, stating that, if he should resign his deanship, he would receive a year off with full pay before he returned to the classroom with a salary equivalent to that of the highest paid professor in the Grady College. On the other hand, Provost Mace told Plaintiff that, if he did not Download Check Treatmen Sign In Opinion Summaries Case details resign but was terminated, the agreement with the former Provost would not be in effect. After discussing this offer with his attorneys, Plaintiff accepted, and submitted his resignation, effective June 30, 2006, by letter dated June 27, 2005. That letter asserted that the resignation would initiate the \"exit agreement\" promised by the former Provost should he resign, but made no mention of other consideration.15 15 As will be discussed infra, Plaintiff contends that he was also promised that, if he resigned, there would be no finding that he had violated the University's sexual harassment policy and no sanction or public disparagement of him. Because Plaintiff reached a settlement with the University which included his resignation as Dean, his deanship contract became a nullity upon his resignation. Thereafter, his contractual rights were as agreed upon in his settlement, not his deanship contract. In other words, as in all settlements of contractual claims, Plaintiff exchanged a set of rights in one contract (his deanship) for another (the settlement agreement). With that exchange of rights Plaintiff gave up the claims he may have had under his deanship contract.16 16 Plaintiff has also made the argument (but did not plead) that Defendants breached their faculty contract with him by sanctioning him for sexual harassment without procedural due process. Plaintiff's faculty contract remained intact after he resigned his deanship, and also incorporated policy 802.17. As this argument was not properly raised, see Note 7, supra, the Court will not decide the issue. The Court notes, however, that even if Plaintiff had pled that Defendants' actions constituted a breach of Plaintiff's faculty contract, Plaintiff cannot show damages from this breach. Because Plaintiff was never terminated from his faculty position, the sexual harassment finding did not result in a contractual loss. Defendants' breach was procedural rather than substantive. His faculty salary was never reduced as a result of the finding. Thus, Plaintiff could only prove damages if he were to show consequential damages resulting from losses caused by Defendants' breach, such as lost employment opportunities. \" [C]onsequential damages are not recoverable unless they can be traced solely to the breach of the contract.\" O.C.G.A. \u00a7 13-6-8. Plaintiff has made no Download Check Treatmen Sign In Opinion Summaries Case details argument, much less presented any evidence, that he lost any employment opportunities that would have paid him a salary approaching what he received (or argues he should receive) from UGA. Nor is there any evidence of lost opportunities traceable solely to Defendants' failure to provide him with due process. Finally, even if Plaintiff were to attempt to prove consequential damages, such damages would likely be too speculative to provide a basis for relief. Plaintiff argues that his resignation should be deemed a constructive discharge *1346 from the deanship, thereby restoring his claims under his deanship contract. Constructive discharge is a legal theory developed in the context of cases involving harassment and retaliation under Title VII. To prove constructive discharge in a Title case, a plaintiff must show that his \"working conditions were so intolerable that a reasonable person in [his] position would be compelled to resign.\" Kilgore v. Thompson Brock Mgmt., 93 F.3d 752, 754 (11th Cir. 1996) (quoting Steele v. Offshore Shipbuilding, Inc., 867 F.2d 1311, 1317 (11th Cir. 1989)). There must be a \"high degree of deterioration in an employee's working conditions, approaching the level of intolerable.\" Hill v. WinnDixie, 934 F.2d 1518, 1527 (11th Cir. 1991). 1346 Plaintiff argues that at the time of his resignation, his working conditions had become intolerable. He believed that the process being used to investigate Kendall's sexual harassment complaint was inherently flawed and unfair because Mace had expressed an opinion on Plaintiff's guilt in the presence of attorneys before they had made an official finding; because Adams was involved in the investigative phase of the complaint, and because information about the investigation had been leaked to the media. Pl. Br. at 17-18. In view of these acts, Plaintiff felt that he had no choice but to resign. Pl. Br. App. A.3. Applied to Plaintiff's breach of contract claim, the legal theory of constructive discharge due to intolerable working conditions is out of place. The appropriate inquiry is simply whether Plaintiff resigned, giving up his rights under his deanship contract, or was terminated. In Hargray v. City of Hallandale, 57 F.3d 1560 (11th Cir. 1995), the Eleventh Circuit identified five factors to guide the determination of whether a resignation is involuntary under the totality of the circumstances when the Download Check Treatmen Sign In Opinion Summaries Case details plaintiff claims that his resignation was obtained by coercion or duress. The parties use the Hargray factors to argue Plaintiff's constructive discharge claim. The factors are: (1) whether the employee was given some alternative to resignation; (2) whether the employee understood the nature of the choice he was given; (3) whether the employee was given reasonable time in which to choose; (4) whether the employee was permitted to select the effective date of the resignation, and (5) whether the employee had the advice of counsel. 57 F.3d at 1568. The Court in Hargray was determining the voluntariness of a public employee's resignation in the context of his claim that he had been deprived of his property interest in his employment without due process of law. The principles of Hargray are applicable here; if Plaintiff's resignation was involuntary, then it may be that his contractual rights were not abandoned in favor of the terms of a settlement agreement procured through duress or coercion. When viewed in the light most favorable to the Plaintiff, however, the facts show that Plaintiff chose to resign. His available alternative was to wait until the investigation findings were made, contest them with the Provost if adverse, and invoke his contractual due process rights if sanctions were imposed. While it is true that an adverse sexual harassment finding and *1347 subsequent termination were strong possibilities, this alone does not establish that Plaintiff's resignation was involuntary. \"[T]he mere fact that the choice is between comparably unpleasant alternatives . . . does not of itself establish that a resignation was induced by duress or coercion, hence was involuntary.\" Hargray, 57 F.3d at 1568 (quoting Stone, 855 F.2d at 174). \"Resignations obtained in cases where an employee is faced with such unpleasant alternatives are nevertheless voluntary because the fact remains that plaintiff had a choice.\" Id. (citation omitted) (emphasis in original). 1347 Even though it appeared that Plaintiff would be subject to sanctions, including termination, if he did not resign, Plaintiff made the choice to resign, and his decision was based on a number of considerations. Most important among those was the letter from former Provost Karen Holbrook written to Plaintiff upon his appointment as dean of Grady College. The letter reads: Download Check Treatmen Sign In Opinion Summaries Case details [S]hould you wish to step out of your administrative role and return to your faculty, . . . [y]ou would retain your dean's salary for one year while re-tooling to move into a teaching and research mode. At the end of the year, the salary would be renegotiated to a level that would be no less than the highest paid full professor within the department of the Grady College. Def. Ex. 7. During Plaintiff's second meeting with Provost Mace, Mace advised Plaintiff that if he were to step down as Dean, as opposed to being terminated, the provisions of the Holbrook letter would apply. On the other hand, if he did not resign, were found to have violated the University's sexual harassment policy and were fired, the Holbrook letter would not apply. Soloski Dep. 52- 53. That meeting ended without Plaintiff's resignation, and the same group, Mace, Plaintiff, Shewmaker, and Washington reconvened the next day at 1:00 p.m. At this third meeting, Plaintiff agreed to resign, but stated that \"the terms of the resignation have to be the letter from Holbrook.\" Soloski Dep. 64. Applying the five factors from Hargray to determine whether Plaintiff's resignation was involuntary, the Court finds that it was not. The evidence, as viewed under the factors, is as follows: (1) Plaintiff was given an alternative to resigning. He could have contested the charges and relied on the due process protections of his contract. He elected to take the provisions of the Holbrook letter, giving him a year off with pay, and to retain his faculty position. (2) There is no evidence that Plaintiff did not understand the nature of the choice he was given. Not only did he understand it, he had counsel present to advise him. (3) Upon request, Plaintiff was given, at a minimum, a day to discuss his options with his lawyers. (4) Plaintiff was permitted to make the effective date of his resignation several days after the agreement was reached, but he was not permitted to delay it for a year. (5) Plaintiff had the advice of counsel in deciding whether to resign with benefits or refuse to resign and fight the charges against him. Applying these factors, the Court finds as a matter of law that Plaintiff accepted a proposed settlement and chose to resign. Accordingly, he was not Download Check Treatmen Sign In Opinion Summaries Case details \"constructively discharged\" as a matter of law, and his resignation terminated his deanship contract. 2. Constitutional Due Process While not plead in his First through Fourth Complaints, Plaintiff has argued in *1348 his Brief in support of his Motion for Summary Judgment that his Count Two breach of contract claim should proceed independent of his deanship contract based on his due process rights under the U.S. Constitution. Pl. Br. at 7. 1348 In order to state a claim for denial of due process in the termination of employment, a plaintiff must show that he has a protected property interest in his employment and that due process was denied. See Board of Regents of State Colleges v. Roth, 408 U.S. 564, 571, 92 S.Ct. 2701, 2706, 33 L.Ed.2d 548 (1972); see also Brett v. Jefferson County, 123 F.3d 1429, 1433 (11th Cir. 1997). State law determines whether a public employee has a protected property interest in his job. Brett, 123 F.3d at 1433; Warren v. Crawford, 927 F.2d 559, 562 (11th Cir. 1991). \"Although the underlying substantive [property] interest is created by `an independent source such as state law,' federal constitutional law determines whether that interest rises to the level of a `legitimate claim of entitlement' protected by the Due Process Clause.\" Brown v. Georgia Dept. of Revenue, 881 F.2d 1018, 1027 (11th Cir. 1989) (citing Memphis Light, Gas, Water Div. v. Craft, 436 U.S. 1, 9, 98 S.Ct. 1554, 56 L.Ed.2d 30 (1978)) (emphasis in original). Because the Court finds that Plaintiff was not terminated from his deanship position, but rather resigned, his constitutional claim for deprivation of a property interest in his employment without due process necessarily fails. The Court also finds that Plaintiff's claim fails because he did not possess a property interest in his job. Plaintiff argues that even though he could have been removed as Dean for a reason other than sexual harassment without a pre-termination hearing policy 802.17 creates an entitlement to continued employment as dean when faced with a charge of sexual harassment. Pl. Br. at 19-20. Even if that were true, however, as found above, Plaintiff resigned, and therefore, abandoned any claims he may have had Download Check Treatmen Sign In Opinion Summaries Case details based on his deanship contract and the policies of the Board of Regents which were incorporated therein by reference. Plaintiff then argues that as a public employee he had a property right in his job such that it could not be taken from him without due process. Even if this right was not extinguished by his resignation, Plaintiff's interest in his deanship did not rise to a property right. 17 17 The Court is addressing the merits of this claim, but notes that it was not pled despite four iterations of Plaintiff's Complaint. In support of his position, Plaintiff cites Brown v. Georgia Dept. of Revenue, 881 F.2d 1018 (11th Cir. 1989). In Brown, the Eleventh Circuit Court of Appeals held that a Revenue field agent could only be fired for cause because the Georgia Merit Systems Act \"does set forth the minimum procedural requirements for dismissal, namely notice and right to a post-termination hearing.\" 881 F.2d at 1027. He also cites DeClue v. City of Clayton, 246 Ga.App. 487, 540 S.E.2d 675 (2000). In DeClue, the Georgia Court of Appeals held that \"[u]nder Georgia law, a public employee has a property interest in his job if his employment allows dismissal only for cause.\" 540 S.E.2d at 677. Finally, in Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972), the United States Supreme Court held that a non-tenured assistant professor did not *1349 have a property interest in having his contract renewed by the university because there was no state statute or university rule or policy that secured his interest in re-employment or that created any legitimate claim to it. Id. 1349 Each of these cases finds that an employee may be protected by a statute or policy providing that he or she may only be dismissed for cause. As to his position as Dean, Plaintiff had no such protection. His contract as Dean expressly provided that he \"held his administrative title and position at the pleasure of the President,\" Def. Ex. 1, and he could have been dismissed with or without cause, despite the language of policy 802.17. Furthermore, while Plaintiff also points to policy 803.11 and argues that it entitles him to due process prior to early termination, by its terms policy 803.11 applies only to \"tenured or non-tenured faculty members,\" Complaint \u00b6 82, and Plaintiff's deanship contract specifies that his tenure applies only to his faculty position and not his \"appointed position as an administrator.\" Def. Download Check Treatmen Sign In Opinion Summaries Case details Ex. 1. Consequently policy 803.11 does not apply to Plaintiff's position as Dean of the University's Grady College of Journalism. Plaintiff's position as Dean within the University was analogous to that of a political appointee who serves at the will of a Chief Executive. The application of policy 802.17 to his contract, providing for procedural due process before being sanctioned for sexual harassment, does not change the fundamental nature of Plaintiff's employment, and therefore does not create a constitutionally protected property interest. See, e.g., Hall v. Ford, 856 F.2d 255, 265 (D.C. Cir. 1988) (even though plaintiff, who was otherwise employed atwill, was protected by statute from termination on the basis of speech, that statute did not create a property interest in his employment because those employed at will have \"no objective basis for believing that they will continue to be employed indefinitely\"). The Court, therefore, finds that Plaintiff did not have a property right in his deanship which was protected by the Due Process Clause of the Fourteenth Amendment. Plaintiff also argues (without having pled) that he has been denied his liberty interest in his reputation without a hearing. Pl. Br. at 8. In order to show a deprivation of a liberty interest in one's reputation, a plaintiff must demonstrate the following six factors: (a) a false statement, (b) of a stigmatizing nature, (c) attending a governmental employee's discharge, (d) [was] made public, (e) by the governmental employer, (f) without a meaningful opportunity for an employee name clearing hearing. Buxton v. Plant City, 871 F.2d 1037, 1042-43 (11th Cir. 1989). The facts do not support Plaintiff's claim that Defendants' actions were \"attending a governmental employee's discharge\" because Plaintiff cannot prove that he was constructively discharged. \"If he resigned of his own free will even though prompted to do so by events set in motion by his employer, he relinquished his . . . interest voluntarily and thus cannot establish that the [City] `deprived' him of it within the meaning of the due process clause.\" Hargray v. City of Hallandale, 57 F.3d 1560 (11th Cir. 1995) (quoting Stone v. University of Maryland Medical System Corp., 855 F.2d 167, 173 (4th Cir. 1988)). As discussed supra, Plaintiff voluntarily relinquished any claims under his contract that would have arisen from his termination for sexual harassment under the *1350 circumstances of this case when he took the terms of the 1350 Download Check Treatmen Sign In Opinion Summaries Case details Holbrook letter and resigned his position. Because of this waiver, Plaintiff cannot establish that he was constructively discharged and therefore cannot meet the Buxton v. Plant City elements for showing a deprivation of his liberty interest without due process. Accordingly, the Court that Defendant's motion for summary judgment on Plaintiff's breach of contract claim, Count Two, be GRANTED, and the Plaintiff's motion for summary judgment on that claim be Plaintiff has moved for summary judgment on Count Four of his complaint, requesting a permanent injunction. Plaintiff seeks a permanent injunction against Defendants enjoining and restraining them, and those in active concert or participation with them, from denying Plaintiff a nameclearing hearing in the future that complies with policies and constitutional due process; from continuing the false labeling of Plaintiff and requiring that Defendants rescind and publicly recant the finding that Plaintiff committed sexual harassment; and from any action which would have the effect of impermissibly reducing Plaintiff's future salary to an amount less than the highest paid full professor within the department of the Grady College. Fourth Amended Complaint at \u00b6 100. For the Court to enter a permanent injunction at the summary judgment stage, the party seeking it must show actual success on the merits of his claims. Siegel v. LePore, 234 F.3d 1163, 1213 (11th Cir. 2000). In addition to showing actual success on the merits, the party seeking a permanent injunction must \"demonstrate the presence of two elements: continuing irreparable injury if the injunction does not issue, and the lack of an adequate remedy at law.\" Id. (quoting Newman v. Alabama, 683 F.2d 1312, 1319 (11th Cir. 1982)). With regard to the elements necessary for the permanent injunction to issue, \"the irreparable injury rubric is intended to describe the quality or severity of the harm necessary to trigger equitable intervention. In contrast, the inadequate remedy test looks to the possibilities of alternative modes of relief, however serious the initial injury.\" Id. (citations omitted). Download Check Treatmen Sign In Opinion Summaries Case details Plaintiff has not shown actual success on the merits of his claims relating to his salary level; therefore, a permanent injunction cannot be granted at this stage. Further, a dispute as to proper pay is inherently one in which damages provide an adequate remedy at law, and therefore, Plaintiff's request for an injunction should be denied. As to his request for an injunction prohibiting Defendants from \"continuing the false labeling of Plaintiff and requiring that Defendants rescind and publicly recant the finding that Plaintiff committed sexual harassment,\" it is moot because Plaintiff has an alternative mode of relief which gives him an identical result. The Court has granted Plaintiff's motion for summary judgment as to his claim for mandamus, which will require rescission of the sexual harassment finding permanent injunction would be duplicative. Further, there is no evidence that Defendants will continue to label Plaintiff a sexual harasser after they have been required by the Court to rescind the finding. For this reason, Plaintiff cannot show irreparable *1351 injury if the injunction does not issue and, in fact, Plaintiff has not produced evidence that he will suffer any further injury at all if his record is cleared, as recommended. Accordingly, the Court that Plaintiff's motion for summary judgment on Count Four be DENIED. 1351 1983 The parties have filed cross motions for summary judgment on Count Eight of Plaintiff's Fourth Amended Complaint which alleges a violation of 42 U.S.C. \u00a7 1983 against Defendant Adams individually. Plaintiff claims that Defendant Adams' activities, performed under color of state law, constitute a deprivation of his liberty interest in his good name and his property interest in continued employment without the due process of law guaranteed by the Fourteenth Amendment to the United States Constitution. Fourth Amended Complaint [123] at \u00b6 132-133. Plaintiff argues that Adams violated his constitutional right to due process by failing to provide an impartial and disinterested de novo review of the investigation finding. Plaintiff's Brief in Support of Second Motion for Summary Judgment [100]. Defendants argue that Adams is entitled to qualified immunity. Defendants' Response to Plaintiff's Brief in Support of Second Motion for Summary Judgment [111]. Download Check Treatmen Sign In Opinion Summaries Case details 42 U.S.C. \u00a7 1983. In order to prevail on a claim under Section 1983 alleging a denial of procedural due process, a plaintiff must demonstrate: (1) a deprivation of a constitutionally-protected liberty or property interest; (2) state action, and (3) constitutionally-inadequate process. Grayden v. Rhodes, 345 F.3d 1225, 1232 (11th Cir. 2003). Section 1983 provides, in relevant part: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. . . . Plaintiff cannot meet the first required element. \"The initial question with any due process challenge is `whether the injury claimed by the plaintiff is within the scope of the Due Process Clause.'\" Behrens v. Regier, 422 F.3d 1255, 1259 (11th Cir. 2005) (quoting Smith ex rel. Smith v. Siegelman, 322 F.3d 1290, 1296 (11th Cir. 2003)). \"The requirements of procedural due process apply only to the deprivation of interests encompassed by the Fourteenth Amendment's protection of liberty and property.\" Bd. of Regents of State Colleges v. Roth, 408 U.S. 564, 569, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972). The Court has found that Plaintiff did not suffer a deprivation of a constitutionally-protected property interest without procedural due process because he did not have a property interest in his deanship position, and because he resigned that position in the context of a negotiated settlement. See discussion of Plaintiff's claim of Breach of Contract, supra. Similarly, Plaintiff was not deprived of his constitutionally-protected liberty interest in his reputation because his deanship was not terminated. \" [A]lthough damage to reputation, standing alone, does not provide a basis for an action under 42 U.S.C. \u00a7 1983[,] when reputational damage *1352 is sustained in connection with a termination of employment, it may give rise to a procedural due process claim for deprivation of liberty which is actionable 1352 Download Check Treatmen Sign In Opinion Summaries Case details under section 1983.\" Cotton v. Jackson, 216 F.3d 1328, 1330 (11th Cir. 2000) (emphasis added). Therefore, the deprivation of these interests without procedural due process cannot form the basis of Plaintiff's \u00a7 1983 complaint. Even if Plaintiff were able to meet the elements of a Section 1983 claim for violation of procedural due process, Defendants argue that Adams is entitled to qualified immunity. Def. Br. at 24. \"[Q]ualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable person would have known.\" Bashir v. Rockdale County, 445 F.3d 1323, 1327 (11th Cir. 2006) (quoting Lee v. Ferraro, 284 F.3d 1188, 1193-94 (11th Cir. 2002)). Qualified immunity protects \"all but the plainly incompetent or those who knowingly violate the law.\" Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986). To be eligible for qualified immunity, an official must have been engaged in a discretionary function when he committed the acts of which the plaintiff complains. Holloman v. Harland, 370 F.3d 1252, 1263 (11th Cir. 2004). It is the public official's burden to show he was acting within the scope of his discretionary authority when the allegedly unconstitutional acts took place. Id. at 1264. If the defendant can show that he was engaging in a discretionary function, the burden shifts to the plaintiff to show that: (1) the defendant violated a constitutional right, and (2) this right was clearly established at the time of the alleged violation, such that \"a reasonable official would understand that what he is doing violates that right.\" Hope v. Pelzer, 536 U.S. 730, 739, 122 S.Ct. 2508, 153 L.Ed.2d 666 (2002) (citations omitted); see also Saucier v. Katz, 533 U.S. 194, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001). The Court has found that Defendant Adams was engaged in a discretionary function when he denied Plaintiff's appeal of the finding that he had committed sexual harassment. See discussion of Plaintiff's claim of Mandamus, supra. Therefore, the burden has shifted to the Plaintiff to show that Defendant Adams violated a clearly established Constitutional right. Holloman, 370 F.3d at 1263. The Court must determine \"whether the plaintiff's allegations, if true, establish a constitutional violation.\" Hope v. Pelzer, 536 U.S. 730, 736, 122 S.Ct. 2508, 153 L.Ed.2d 666 (2002). As discussed above, Plaintiff cannot establish a violation of his Fourteenth Amendment Download Check Treatmen Sign In Opinion Summaries Case details right to procedural due process. Assuming, however, that there was a due process violation, Adams would have qualified immunity from liability for that violation unless his acts violated clearly established Constitutional law. Adams' denial of Plaintiff's appeal was based largely on his reliance on the deficient legal opinion of his counsel, the Office of Legal Affairs, and the judgment of his Provost. There is no clearly established authority that he cannot rely on his subordinates, especially legal counsel, to make a legal determination. Moreover, Adams, in denying the appeal, believed that he was upholding an agreement that had been reached between Mace and Plaintiff. Adams Dep. at 64. Though Adams was wrong in this belief, his mistake was not a *1353 violation of any clearly established Constitutional right, especially as Adams knew that part of the alleged agreement was that Plaintiff would resign as Dean, thereby avoiding a possible termination by UGA. 1353 Even if Plaintiff had been terminated, Adams was justified in relying on Provost Mace and the to ensure that procedural due process had been afforded, and he can not be held responsible under \u00a7 1983 for the mistakes of the OLA. Both Adams and Mace are supervisors of the in its enforcement of the policy. Therefore, Adams' liability under \u00a7 1983 for the actions of the would have to be based on something more than the theory of respondeat superior. Braddy v. Florida Dep't. of Labor and Employment Security, 133 F.3d 797, 801 (11th Cir. 1998). Adams would only be liable as a supervisor of the if he \"personally participate[d] in the alleged constitutional violation,\" or if there had been \"a causal connection between actions of the supervising official and the alleged constitutional deprivation.\" Brown v. Crawford, 906 F.2d 667, 671 (11th Cir. 1990). There is only a causal connection if there is a \"history of widespread abuse [that] puts the responsible supervisor on notice of the need to correct the alleged deprivation, and he fails to do so. The deprivations that constitute widespread abuse sufficient to notify the supervising official must be obvious, flagrant, rampant, and of continued duration, rather than isolated occurrences.\" Id. (citations omitted). Here, there is no evidence that the OLA's deficient enforcement of the policy was flagrant, rampant, and of continued duration. In any event, as noted above, the Download Check Treatmen Sign In Opinion Summaries Case details improper finding of sexual harassment did not result in Plaintiff's termination so as to put Adams on notice that certain constitutional rights were implicated. Accordingly, President Adams is entitled to qualified immunity. The Court that summary judgment for Defendants on Count Eight of Plaintiff's complaint be GRANTED, and that Plaintiff's Second Motion for Summary Judgment [100] be 42 U.S.C. \u00a7 1981 In Count Five of his Fourth Amended Complaint [123], Plaintiff alleges that Defendants discriminated against him on the basis of race, in violation of Title VII. In Count Six, Plaintiff makes the same claim under 42 U.S.C. \u00a7 1981. In Count Seven, Plaintiff contends that Provost Mace repeatedly retaliated against him, in violation of Title VII, after Plaintiff complained that he was being treated unfairly compared to his African-American peer, Keith Parker. Defendants have moved for summary judgment on Plaintiff's claims of disparate treatment based on race, arguing that Plaintiff has not pointed to anyone outside of his stated protected classification who received better treatment than he did after engaging in substantially similar conduct. Defendants argue that Plaintiff's retaliation claim should be dismissed because it does not meet the elements required for a Title claim for retaliation to be presented to a jury. Def. Br. at 13, 21-22. 1. Standards of Proof in Title and Section 1981 Claims In cases in which Section 1981 is used as a remedy for employment discrimination, the elements required to establish a claim under Section 1981 mirror those required for a Title claim. Howard v. *1354 B.P. Oil Co., 32 F.3d 520, 524 n. 2 (11th Cir. 1994) (citing Patterson v. McLean Credit Union, 491 U.S. 164, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989)); Brown v. American Honda Motor Co., 939 F.2d 946, 949 (11th Cir. 1991). The following discussion of the analytical framework applicable to Title cases thus applies equally to Plaintiff's claim under Section 1981. 1354 Download Check Treatmen Sign In Opinion Summaries Case details Title of the Civil Rights Act of 1964 provides that it is unlawful for an employer \"to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin.\" 42 U.S.C. \u00a7 2000e-2(a)(1). To prevail on a Title (or \u00a7 1981) claim, a plaintiff must prove that the defendant acted with discriminatory intent. Hawkins v. Ceco Corp., 883 F.2d 977, 980-981 (11th Cir. 1989); Clark v. Huntsville City Bd. of Educ., 717 F.2d 525, 529 (11th Cir. 1983). Such discriminatory intent may be established either by direct evidence or by circumstantial evidence meeting the fourpronged test set out for Title cases in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); see also Holifield v. Reno, 115 F.3d 1555, 1561-62 (11th Cir. 1997); Nix v Radio/Rahall Comm., 738 F.2d 1181, 1184 (11th Cir. 1984). Direct evidence is defined as evidence \"that is based on personal knowledge or observation and that, if true, proves a fact without inference or presumption.\" Black's Law Dictionary 596 (8th ed. 2004); see also Clark v. Coats Clark, Inc., 990 F.2d 1217, 1226 (11th Cir. 1993); Carter v. City of Miami, 870 F.2d 578, 581-82 (11th Cir. 1989); Rollins v. TechSouth, Inc., 833 F.2d 1525, 1528 n. 6 (11th Cir. 1987). Evidence that merely \"suggests discrimination, leaving the trier of fact to infer discrimination based on the evidence\" is, by definition, circumstantial. Earley v. Champion Int'l Corp., 907 F.2d 1077, 1081-82 (11th Cir. 1990). Because direct evidence of discrimination is seldom available, a plaintiff must typically rely on circumstantial evidence to prove discriminatory intent, using the framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), and Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). See Holifield v. Reno, 115 F.3d 1555, 1561-62 (11th Cir. 1997); Combs v. Plantation Patterns, 106 F.3d 1519, 1527-1528 (11th Cir. 1997). Under this framework, a plaintiff is first required to create an inference of discriminatory intent, and thus carries the initial burden of establishing a prima facie case of discrimination. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. at 1824; see also Jones v. Bessemer Carraway Medical Ctr., 137 F.3d 1306, 1310, reh'g denied and opinion superseded in part, 151 F.3d 1321 (11th Cir. 1998); Combs, 106 F.3d at 1527. Download Check Treatmen Sign In Opinion Summaries Case details Demonstrating a prima facie case is not onerous; it requires only that the plaintiff establish facts adequate to permit an inference of discrimination. Jones, 137 F.3d at 1310-1311; Holifield, 115 F.3d at 1562; see Burdine, 450 U.S. at 253-54, 101 S.Ct. at 1093-4. Once the plaintiff establishes a prima facie case, the defendant must \"articulate some legitimate, nondiscriminatory reason\" for the adverse employment action. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. at 1824; Jones, 137 F.3d at 1310. This burden is \"exceedingly light\" in comparison to the burden required if the plaintiff has presented direct evidence of discrimination. Smith v. Horner, 839 F.2d 1530, 1537 (11th *1355 Cir. 1988). If the defendant is able to carry this burden and explain its rationale, the plaintiff, in order to prevail, must then show that the proffered reason is merely a pretext for discrimination. See Burdine, 450 U.S. at 253-54, 101 S.Ct. at 1093-4; Perryman v. Johnson Prods. Co., 698 F.2d 1138, 1142 (11th Cir. 1983). 1355 plaintiff is entitled to survive a defendant's motion for summary judgment if there is sufficient evidence to demonstrate the existence of a genuine issue of material fact regarding the truth of the employer's proffered reasons for its actions. Combs, 106 F.3d at 1529 prima facie case along with sufficient evidence to reject the employer's explanation is all that is needed to permit a finding of intentional discrimination. Reeves v. Sanderson Plumbing Prod., Inc., 530 U.S. 133, 120 S.Ct. 2097, 2109, 147 L.Ed.2d 105 (2000); see also St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 511, 113 S.Ct. 2742, 2749, 125 L.Ed.2d 407 (1993); Combs, 106 F.3d at 1529. 2. Plaintiff's Claim of Race Discrimination Plaintiff does not contend that he has produced any direct evidence of any discriminatory intent on behalf of Defendants; thus, his claim of discriminatory treatment rests purely on circumstantial evidence and must be analyzed under the McDonnell Douglas-Burdine framework. Under this framework, a plaintiff can generally establish a prima facie case of unlawful discrimination under Title by showing that: (1) he is a member of a protected class; (2) he was subjected to an adverse employment action by his employer; (3) he was qualified to do the job in question, and (4) his employer treated similarly situated employees outside his protected classification ( i.e., those of a different sex, race, or religion) more favorably than it treated him. See McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817; see 18 Download Check Treatmen Sign In Opinion Summaries Case details also Wright v. Southland Corp., 187 F.3d 1287, 1290 (11th Cir. 1999); Holifield v. Reno, 115 F.3d 1555, 1562 (11th Cir. 1997). There is no dispute that Plaintiff is a member of a protected class and was qualified to do his job. The issues, then, are whether he was subjected to an adverse employment action, and whether his employer treated similarly situated employees outside his protected class more favorably. 18 Although courts continue to include the requirement that a plaintiff establish as part of a prima facie case that he or she is a member of a \"protected class,\" it is clear that individuals of any sex, race, or religion may pursue claims of employment discrimination under Title VII. See Wright v. Southland Corp., 187 F.3d 1287, 1290 n. 3 (11th Cir. 1999) ( citing McDonald v. Santa Fe Trail Transp. Co., 427 U.S. 273, 278-80, 96 S.Ct. 2574, 2578-79, 49 L.Ed.2d 493 (1976)). Thus, the key element of the prima facie case is establishing that persons outside of the plaintiff's protected classification ( i.e., those of a different sex, race, or religion) were treated more favorably by the employer. See Wright, 187 F.3d at 1290 n. 3. a. Adverse Employment Action Plaintiff has presented evidence of three events which he claims are adverse employment actions; he was: (1) found guilty of sexual harassment; (2) publicly reprimanded, and (3) ordered to participate in sexual harassment training. Pl. Resp. at 24. To rise to the level of an actionable Title claim, employment decisions must work a material alteration on the terms of employment, as opposed to *1356 being merely trivial annoyances. See Davis v. Town of Lake Park, 245 F.3d 1232, 1239 (11th Cir. 2001) (\"Whatever the benchmark, it is clear that to support a claim under Title VII's anti-discrimination clause the employer's action must impact the `terms, conditions, or privileges' of the plaintiff's job in a real and demonstrable way\"); accord Gawley v. Indiana Univ., 276 F.3d 301, 314 (7th Cir. 2001); see also Kerns v. Capital Graphics, Inc., 178 F.3d 1011, 1016-17 (8th Cir. 1999) (\"Minor changes in duties or working conditions that cause no materially significant disadvantage do not meet the standard of an adverse employment action\"). Although proof of direct economic consequences is not required in all cases, the asserted impact \"cannot be speculative and must at least have a tangible adverse effect on the plaintiff's 1356 Download Check Treatmen Sign In Opinion Summaries Case details employment.\" Filius v. Potter, 176 Fed.Appx. 8, 10 (11th Cir. 2006) (emphasis omitted). On the other hand, a \"bruised ego\" will not make an employment action adverse. Flaherty v. Gas Research Inst., 31 F.3d 451, 457 (7th Cir. 1994). \"False accusations without negative employment consequences are not employment decisions actionable under Title VII.\" Stewart v. Evans, 275 F.3d 1126, 1136 (D.C. Cir. 2002). \"Public humiliation or loss of reputation does not constitute an adverse employment action under Title VII.\" Id. (quoting Childers v. Slater, 44 F.Supp.2d 8, 20 (D.D.C. 1999)). The finding of sexual harassment alone does not rise to the level of an adverse employment action. Nor does the requirement that an employee participate in sexual harassment training, as such a requirement does not \"impact the terms, conditions, or privileges of the plaintiff's job in a real and demonstrable way.\" Davis, 245 F.3d at 1239 (11th Cir. 2001). Plaintiff also claims that he was \"publicly reprimanded\" after being found guilty of sexual harassment. The Court assumes that Plaintiff is referring to the fact that a letter from Provost Mace stating that he had violated the policy was placed in his personnel file, which is subject to the Georgia Open Records Act and therefore accessible to the public. There is no evidence that produced press releases or took any action to make the reprimand public. Nor does Plaintiff contend that the reprimand caused a change in the conditions of his employment with UGA; his principal complaint is that the reprimand made it more difficult for him to obtain employment elsewhere. Accordingly, the Court will view the letter as it would any potentially negative information that is placed in an employee's personnel file. \"Not all conduct by an employer negatively affecting an employee constitutes adverse employment action.\" Davis, 245 F.3d at 1238. The reprimand letter itself had no impact on the terms, conditions, or privileges of Plaintiff's job and was therefore not an adverse job action within the meaning of Title VII. See Wallace v. Georgia Dept. of Transp., 212 Fed.Appx. 799 (11th Cir. 2006) (plaintiff could not establish that his written reprimand constituted an adverse employment action needed for a prima facie disparate treatment case because it did not lead to any tangible harm in the form of lost pay or benefits). Download Check Treatmen Sign In Opinion Summaries Case details b. Discriminatory Discipline Assuming that the Court had found that Plaintiff suffered an adverse employment action, then to establish a prima facie case Plaintiff need only show that the misconduct for which he was disciplined was \"nearly identical\" to conduct engaged in by an employee outside the protected class, *1357 who was not disciplined. Nix v Radio/Rahall Comm., 738 F.2d 1181, 1185 (11th Cir. 1984). 1357 To make this comparison, the plaintiff first must identify an employee outside of his protected class to which he is \"similarly situated in all relevant respects.\" Holifield v. Reno, 115 F.3d 1555, 1562 (11th Cir. 1997); see also Knight v. Baptist Hospital of Miami, 330 F.3d 1313, 1316 (11th Cir. 2003); Silvera v. Orange County School Bd., 244 F.3d 1253, 1259 (11th Cir. 2001). In addition, the plaintiff must point to evidence that the identified comparator committed the same or similar infractions as the plaintiff, but did not receive similar disciplinary treatment from the employer. Indeed, the plaintiff must show that the comparator's misconduct was \"nearly identical\" to the alleged misconduct of the plaintiff in order \"to prevent courts from second-guessing employers' reasonable decisions and confusing apples with oranges.\" Burke- Fowler v. Orange County, Florida, 447 F.3d 1319, 1323 (11th Cir. 2006) (quoting Maniccia v. Brown, 171 F.3d 1364, 1368 (11th Cir. 1999)); see also Silvera, 244 F.3d at 1259; Nix, 738 F.2d at 1185. If a plaintiff fails to show the existence of a similarly situated employee, summary judgment is appropriate where no other evidence of discrimination is present. Holifield, 115 F.3d at 1562. Plaintiff offers Keith Parker as a comparator. Parker is African-American and Plaintiff is white. Both Parker and Plaintiff were charged with engaging in sexual harassment contrary to UGA's policy. Ultimately, Parker was not found to have violated the policy, but like Plaintiff, he lost his administrative position in the midst of the investigation. Parker and Plaintiff were both tenured professors holding administrative appointments. Parker was Associate Provost for Institutional Diversity, and Plaintiff was dean of the Grady College of Journalism. Both were appointed in 2004 by the President to UGA's \"Graduate Faculty for a period of seven years.\" Pl. Br. App. D.1. Both reported to the same supervisor, Provost Mace. Download Check Treatmen Sign In Opinion Summaries Case details Plaintiff contends that the incidents for which Parker and Plaintiff were investigated under the sexual harassment provision of the policy were nearly identical. As set forth above in Factual Background, the allegation against Parker arose out of his 2005 travel with a female graduate student to a conference in Washington, D.C. Washington Dep. at 17. During this trip, Parker and the student slept in the same hotel suite. Washington Dep. at 16-17. The student alleged that Parker initially rubbed his feet against her feet, and later touched and massaged her feet with his hands, causing her to pull her feet away. Pl. Br. App. C. 12. According to the student, Parker told her that \"she looked like she was the type of girl who liked to have fun.\" Pl. Br. App. C. 12. Both investigations were conducted by Kimberly Ballard-Washington of the OLA. Because both men held similar jobs and engaged in nearly identical conduct, the Court finds that they are similarly situated. Plaintiff must also show, however, that his comparator received better treatment from Defendants than Plaintiff did. It appears that the only difference between the two incidents is the official finding that Plaintiff committed sexual harassment. Parker was investigated under the same policy but was found not to have violated it. Like Plaintiff, however, Parker lost his administrative position. Provost Mace *1358 thought Parker's conduct \"unprofessional of an administrator at the University of Georgia\" and therefore, asked \"for him to either give me his letter of resignation and/or would take appropriate action.\" Mace Dep. at 184. Parker submitted a letter of resignation on July 26, 2005. Pl. Br. App. D.1. He then orally withdrew the resignation, Mace Dep. at 184, and on July 28, 2005, Mace informed Parker that he was being removed from his position as Associate Provost for Institutional Diversity. Pl. Br. App. D.1. Mace believed that the incident was of sufficient magnitude that Parker \"could no longer serve as an administrator at the University of Georgia.\" Mace Dep. at 186. Thus, like Plaintiff, Parker lost an administrative post. 1358 It is not, however, the loss of his deanship that Plaintiff has argued was the adverse job action he suffered. Instead, Plaintiff argues that it was the finding that he violated the University's sexual harassment policy that was the adverse job action, with the discrimination being the finding that Parker did not violate that policy. Download Check Treatmen Sign In Opinion Summaries Case details Assuming that, contrary to this Court's ruling, a finding of the violation of a University policy, without tangible employment import, is an adverse job action, Plaintiff has pointed to someone outside his class (Parker) who was not found to have violated University policy despite having been alleged to have engaged in similar activity. In neither case would the activity constitute sexual harassment under Title precedent, but in Plaintiff's case it was found that his conduct constituted sexual harassment, and no such finding was made in Parker's case. Thus, with the assumption that Plaintiff suffered an adverse employment action the burden now shifts to Defendant to show a legitimate non-discriminatory reason why Parker was treated differently. c. Defendants' Legitimate Non-Discriminatory Reason Defendants have presented evidence of a legitimate, non-discriminatory reason for finding Plaintiff in violation of the policy while finding that Parker did not violate the policy. The record reflects that the decision maker, Mace, made his decision in Plaintiff's case based on a finding by OLA, after investigation, that Plaintiff had violated the University's sexual harassment policy. On the other hand, in Parker's case the did not recommend to the decision maker that Parker be found to have violated the University's policy. These different recommendations constitute a legitimate nondiscriminatory reason for the different decisions made by the Provost with respect to Plaintiff and Parker. In addition, Defendants have proffered legitimate reasons for OLA's different findings in Plaintiff's and Parker's cases. Washington, who investigated both matters, could not conclude that some of the allegations made against Parker actually were true. Parker denied the conduct alleged in the complaint against him, and it was a case of \"he said she said.\" Washington Dep. at 15-20. On the other hand, Plaintiff admitted to the comments underlying the complaint against him, and, according to Washington, those comments were enough to establish a violation of the policy. Def. Br. at 14. Accordingly, Defendants have presented evidence of a legitimate, nondiscriminatory reason for the discrepancy in the discipline imposed on Download Check Treatmen Sign In Opinion Summaries Case details Plaintiff and on Parker. Under the McDonnell Douglas framework, the burden thus shifts to Plaintiff to present *1359 evidence that Defendants' proffered reason was a mere pretext for unlawful discrimination. 1359 d. Pretext Plaintiff may carry his burden of showing that the employer's proffered reasons are pretextual by showing that they have no basis in fact, that they were not the true factors motivating the decision, or that the stated reasons were insufficient to motivate the decision. Plaintiff can either directly persuade the court that a discriminatory reason more likely motivated the employer or show indirectly that the employer's ultimate justification is not believable. See Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 256, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981); Weaver v. Casa Gallardo, Inc., 922 F.2d 1515, 1522 (11th Cir. 1991). In other words, the plaintiff has the opportunity to come forward with evidence, including the previously produced evidence establishing the prima facie case, sufficient to permit a reasonable factfinder to conclude that the reasons given by the employer were not the real reasons for the adverse employment decision. Burdine, 450 U.S. at 256, 101 S.Ct. 1089; McDonnell Douglas, 411 U.S. at 804, 93 S.Ct. 1817. When the defendant's explanation lacks credibility or where discrimination is the more likely motive, a case is made for pretext. Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 256, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). Once the plaintiff produces evidence sufficient to permit the factfinder to disbelieve the defendant's explanation for its actions, summary judgment is not appropriate because \"[i]ssues of fact and sufficiency of evidence are properly reserved for the jury.\" Hairston v. Gainesville Sun Publishing Co., 9 F.3d 913, 921 (11th Cir. 1993); see also Combs v. Plantation Patterns, 106 F.3d 1519, 1530 (11th Cir. 1997). \"[T]he grant of summary judgment, though appropriate when evidence of discriminatory intent is totally lacking, is generally unsuitable in Title cases in which the plaintiff has established a prima facie case because of the `elusive factual question' of intentional discrimination.\" Hairston, 9 F.3d at 921 (quoting Burdine, 450 U.S. at 256, 101 S.Ct. 1089). Plaintiff argues that Defendants' reason for finding him guilty of sexual harassment is pretextual because (1) Plaintiff's two comments could never Download Check Treatmen Sign In Opinion Summaries Case details legally amount to sexual harassment, and (2) the inconsistent implementation of the policy between Parker and Plaintiff shows that UGA's reason for finding Plaintiff guilty of sexual harassment was a pretext. Pl. Resp. at 30. See Berg v. Fla. Dep't of Labor and Employment Sec., Div. of Vocational Rehab., 163 F.3d 1251, 1255 (11th Cir. 1998) (it \"may be true\" that failure to adhere to or inconsistent application of policies is circumstantial evidence of discrimination). The evidence does not support Plaintiff's claim that the policy was applied inconsistently between Plaintiff and Parker. In Plaintiff's case, there was an admission to the supposedly violative statements. In Parker's case, the statements and conduct could not be substantiated by Washington. There is no evidence that Washington's reason for reaching different conclusions in the two cases was pretextual \u2014 that she was wrong in considering the facts in either Plaintiff's or Parker's case to constitute sexual harassment does not make the purported reason for her disparate decision (admitted facts in Plaintiff's case as opposed to contested facts in Parker's) pretextual. *1360 Washington may have gotten the law wrong, but there is no claim that she did so intentionally and no evidence that she had any racial animus toward Plaintiff. 1360 Nor is Washington alleged to be a decision maker. Washington and the investigated Kendall's charges and forwarded its findings to Mace. Based on these findings, Mace then wrote a formal letter of reprimand and decided that it would become part of Plaintiff's personnel record. Def. Ex. 9. That the findings reported to Mace were wrong is not evidence that the decision was pretextual. An employer may make an employment decision \"for a good reason, a bad reason, a reason based on erroneous facts, or for no reason at all, as long as its action is not for a discriminatory reason.\" Nix v Radio/Rahall Communications, 738 F.2d 1181, 1187 (11th Cir. 1984). In reviewing sexual harassment cases, Mace relies exclusively on the to apply any legal standards, as he did in Plaintiff's case. Mace Dep. at 42-43. Mace then based his decision regarding what action to take against Plaintiff on that office's legal determination. Mace could overturn the OLA's findings, but would do so only with \"extreme caution.\" Mace Dep. at 40. Because Mace is not familiar with the legal standards regarding sexual harassment, Mace Dep. at 39, and because it is the responsibility of the as legal Download Check Treatmen Sign In Opinion Summaries Case details 42 U.S.C. \u00a7 2000e-3(a). Plaintiff has alleged that Defendants retaliated against him in two ways for engaging in two different forms of protected speech. First, he claims that Defendants reduced his salary from the amount granted to him by the Holbrook letter because he filed a charge with the EEOC. See Pl. Br. App. D.4. *1361 Second, Plaintiff claims that he was counsel to the administration to consistently apply the policy to the facts of the cases it investigates, Mace Dep. at 39-40, it was reasonable for Mace to accept the OLA's finding of sexual harassment and to reprimand Plaintiff accordingly. These findings, though wrong, were the basis of Mace's decision to reprimand Plaintiff. Similarly, President Adams, in upholding the conclusions reached by Mace (based on the information received from Washington), thought that his decision merely upheld the agreement that Soloski and Mace had reached. Adams Dep. at 64 upheld the agreement that seemed to have been worked out between him and Dr. Mace.\"). Adams was mistaken, and therefore did not make his decision for the right reason. Under Nix, however, the fact that a decision is made for a bad reason or is based on erroneous facts is irrelevant. The inquiry is whether the decision was made for a discriminatory reason, and there is no evidence that racial discrimination was behind the decisions made by Mace and Adams in Plaintiff's case. 3. Retaliation Defendants have moved for summary judgment on Plaintiff's claim of retaliation under Title VII. Title acts to shield employees from retaliation for certain protected practices. Specifically, the statute provides, in relevant part: It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment . . . because [the employee or applicant] has opposed any practice made an unlawful practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter. 1361 Download Check Treatmen Sign In Opinion Summaries Case details retaliated against after he complained to Provost Mace during their meeting of June 20, 2005 that he believed he was being treated more harshly than Parker had been in the past because Plaintiff was not African American. Pl. Br. App. D.3 (Second Declaration of John Soloski). Plaintiff's complaint to Mace was based on Defendants' failure to punish behavior allegedly engaged in by Parker during 2003 and 2004.19 19 This conduct is detailed in a June 29, 2004 memorandum to Parker's personnel file from Stephen Shewmaker. Pl. Br. App. D.5. The memo states that employee Bonnie Yegidis reported on May 21, 2004 that Parker had approached her in the parking lot and held her hands, and touched her shoulder and her cheek. She also reported that he invited her to a luncheon and a dinner in February or March of 2004. Shewmaker interviewed Parker, who explained that he had approached Ms. Yegidis in the parking lot because he was aware of some personal health issues in her life and wanted to be empathetic. He acknowledged that he had invited her to a lunch and to a dinner, but explained that he had invited a number of employees to these public events in an attempt to build a University presence at them. The memo states that \"it was resolved the conduct was not in violation of the policies, and this memoranda would be retained in Mr. Parker's files in the Office of Legal Affairs.\" Pl. Br. App. D.5. The memo also makes passing reference to a sexual harassment complaint made against Parker in 2003 that was, apparently, resolved without a finding of a violation of the policy. Proof of retaliation is governed by the same framework of shifting evidentiary burdens established in McDonnell Douglas and Burdine. Donnellon v. Fruehauf Corp., 794 F.2d 598, 600 (11th Cir. 1986); see also Goldsmith v. City of Atmore, 996 F.2d 1155, 1162-63 (11th Cir. 1993). In order to prevail, a plaintiff must first establish a prima facie case of retaliation. Goldsmith, 996 F.2d at 1162-63; Donnellon, 794 F.2d at 600-601; see also Weaver v. Casa Gallardo, Inc., 922 F.2d 1515, 1524 (11th Cir. 1991); Simmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir. 1985). Once a prima facie case has been established, the employer must come forward with a legitimate non- discriminatory reason for its action. Goldsmith, 996 F.2d at 1162-63; Donnellon, 794 F.2d at 600-601; see also Weaver, 922 F.2d at 1525-1526. If the employer carries its burden of production to show a legitimate reason for its action, the plaintiff then bears the burden of proving by a preponderance of Download Check Treatmen Sign In Opinion Summaries Case details the evidence that the reason offered by the defendant is merely a pretext for discrimination. Goldsmith, 996 F.2d at 1162-63; Donnellon, 794 F.2d at 600- 601. a. Prima Facie Case To establish a prima facie case of illegal retaliation under 42 U.S.C. \u00a7 2000e- 3(a), Plaintiff must show that: (1) he engaged in a statutorily protected expression; (2) he received an adverse employment action, and (3) there was a causal link between the protected expression and the adverse action. See, e.g., Wideman v. Wal-Mart Stores, Inc., 141 F.3d 1453, 1454 (11th Cir. 1998); Weaver v. Casa Gallardo, Inc., 922 F.2d 1515, 1524 (11th Cir. 1991); Simmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir. 1985). The Court will examine each of Plaintiff's retaliation claims in turn. (1 Charge Plaintiff satisfies the first element of illegal retaliation through his filing of a charge of discrimination with the on November 3, 2005, which clearly meets the standard of a protected activity. See, e.g., Hairston v. Gainesville Sun Publishing *1362 Co., 9 F.3d 913, 920 (11th Cir. 1993). In order to establish the second and third elements of his prima facie case of retaliation, Plaintiff must produce evidence that Defendants subjected him to an adverse employment action, and that there was a causal link between his protected activity and the adverse employment action. 1362 (a) Adverse Employment Action The Eleventh Circuit held in Wideman v. Wal-Mart Stores, Inc., 141 F.3d 1453 (11th Cir. 1998), that, as used in the context of a claim of retaliation under Title VII, adverse employment actions are not limited strictly to ultimate employment decisions such as a termination or a failure to promote. Wideman v. Wal-Mart Stores, Inc., 141 F.3d 1453, 1456 (11th Cir. 1998) (\"Title VII's protection against retaliatory discrimination extends to adverse actions which fall short of ultimate employment decisions.\"). In Wideman, the court found that a series of incidents involving reprimands and other negative treatment of an employee who had filed an charge could, Download Check Treatmen Sign In Opinion Summaries Case details when taken together, constitute adverse employment actions for the purposes of presenting a prima facie case of retaliation under Title VII. Id. Plaintiff claims that Defendants retaliated against him for filing an charge by reducing his faculty salary. Reduction in pay is an adverse employment action. See, e.g., Spears v. Mo. Dep't of Corr., 210 F.3d 850, 853 (8th Cir. 2000). As will be discussed infra, Defendant Mace arguably set Plaintiff's salary at a level lower than that contractually guaranteed to him in the Holbrook letter. If it is proved at trial that Defendants paid Plaintiff a lower salary than that to which he was contractually entitled, Plaintiff will have established that the setting of his salary amount was an adverse employment action. (b) Causal Link For the third element of his prima facie case of retaliation, Plaintiff must establish that there is a causal link between his protected activity and the adverse employment action. Plaintiff is not required to establish \"the sort of logical connection that would justify a prescription that the protected participation in fact prompted the adverse action. Such a connection would rise to the level of direct evidence of discrimination, shifting the burden of persuasion to the defendant.\" Simmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir. 1985); see also Hairston v. Gainesville Sun Pub. Co., 9 F.3d 913, 920 (11th Cir. 1993); Weaver v. Casa Gallardo, Inc., 922 F.2d 1515, 1525 (11th Cir. 1991). Rather, Plaintiff can satisfy the third element merely by presenting evidence that his protected activities and the subsequent adverse employment actions are not totally unrelated. Simmons, 757 F.2d at 1189; see also Hairston, 9 F.3d at 920; Weaver, 922 F.2d at 1525. In order to establish a causal connection between protected conduct and an adverse employment action, however, \"[a]t a minimum, a plaintiff must generally establish that the employer was actually aware of the protected expression at the time it took the adverse employment action.\" Goldsmith v. City of Atmore, 996 F.2d 1155, 1163 (11th Cir. 1993); see also Weaver, 922 F.2d at 1525. See also Higdon v. Jackson, 393 F.3d 1211, 1220 (11th Cir. 2004 plaintiff satisfies this element *1363 if he provides sufficient evidence of knowledge of the protected expression and that there was a close temporal 20 1363 Download Check Treatmen Sign In Opinion Summaries Case details proximity between this awareness and the adverse action.\") (emphasis added); Gupta v. Florida Bd. of Regents, 212 F.3d 571, 590 (11th Cir. 2000) (\"To establish a causal connection, a plaintiff must show that the decision- maker[s] [were] aware of the protected conduct, and that the protected activity and the adverse action were not wholly unrelated.\") (emphasis added). 20 As the Eleventh Circuit stated in Brungart v. BellSouth Telecommunications, Inc., this requirement \"rests upon common sense decision maker cannot have been motivated to retaliate by something unknown to him.\" 231 F.3d 791, 799 (11th Cir. 2000). Absent direct evidence of causation, a plaintiff may establish the inference of causal connectedness by circumstantial evidence, including by showing that he suffered an adverse action shortly after he engaged in protected activity. Higdon, 393 F.3d at 1220; Bass v. Board of County Comm., Orange County, Fla., 256 F.3d 1095, 1119 (11th Cir. 2001); Brungart v. BellSouth Telecom., Inc., 231 F.3d 791, 798 (11th Cir. 2000). If temporal proximity, however, is the only evidence of causation to support the logical inference that the two events were related, the challenged decision must follow almost immediately after the protected expression to support the logical inference that the two events were related. See Clark County Sch. Dist. v. Breeden, 532 U.S. 268, 273, 121 S.Ct. 1508, 1511, 149 L.Ed.2d 509 (2001) (\"The cases that accept mere temporal proximity between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence of causality to establish a prima facie case uniformly hold that the temporal proximity must be very close.\") (internal quotes omitted). The Eleventh Circuit has found that a gap of more than three or four months between the protected activity and the challenged personnel action is too long to support the inference that the two events were connected. See Higdon v. Jackson, 393 F.3d 1211 (11th Cir. 2004) (gap of three months between protected expression and adverse employment action not sufficient to establish temporal proximity in retaliation claim under Americans with Disabilities Act, which is analytically similar to Title VII). Plaintiff has not established a prima facie case for retaliation based on his salary level. Plaintiff filed his first charge with the on November 3, Download Check Treatmen Sign In Opinion Summaries Case details 2005. Seven months later, on June 9, 2006, he received formal notice of his new salary. Plaintiff has not presented evidence that Mace had actual knowledge of the charge at the time he set Plaintiff's salary. Even assuming that Mace did have knowledge of the charge, however, absent other evidence of a causal link between the charge and the alleged reduction in pay, the temporal proximity between the two is not close enough to constitute sufficient evidence of causality. See Higdon v. Jackson, 393 F.3d 1211 (11th Cir. 2004). Plaintiff has not pointed to any other evidence of a causal connection between the two events. Moreover, Defendants have presented a legitimate, non-discriminatory reason for setting Plaintiff's salary at the level they did. As will be discussed in detail below, Plaintiff's letter of resignation specified that he was to be paid at the level of the highest-paid professor on an academic year appointment. While allegedly Provost Mace did not use the proper salary comparator in setting Plaintiff's salary, the *1364 resignation letter can be reasonably understood as mandating the lower salary level that Mace did assign to Plaintiff rather than the higher salary level to which Plaintiff claims he is entitled. Mace's reasonable interpretation of the letter is therefore a legitimate, non-discriminatory reason for Defendants' actions. Finally, Plaintiff has not pointed to evidence that Defendants' interpretation of the letter, if incorrect, was a pretext for discrimination, or that Mace set Plaintiff's salary at the lower level for any reason other than his interpretation of the contractual agreement set forth in his resignation letter. 1364 (2) June 20, 2005 Complaint to Provost Mace Plaintiff also alleges that he was retaliated against because he complained to Provost Mace during their meeting of June 20, 2005 that he was being treated more harshly than Keith Parker had been treated in the past because Plaintiff is not African-American (Plaintiff's \"second retaliation claim\"). This complaint meets the standard of protected activity; Plaintiff was stating his opposition to an employment practice that Plaintiff believed in good faith to be made unlawful by Title VII. See Little v. United Techs., Carrier Transicold Div., 103 F.3d 956, 960 (11th Cir. 1997) (an employee who seeks protection Download Check Treatmen Sign In Opinion Summaries Case details under the opposition clause must have a \"good faith, reasonable belief\" that his employer has engaged in unlawful discrimination). Though Plaintiff's oral complaint to Mace was protected activity, his retaliation claim cannot survive. First, it is not clear that Plaintiff exhausted his administrative remedies with respect to this claim. An employee must completely exhaust the administrative remedies available from the before filing suit in federal court. Buffington v. General Time Corp., 677 F.Supp. 1186, 1192 (M.D.Ga. 1988) (citing Beverly v. Lone Star Lead Constr. Corp., 437 F.2d 1136, 1139-40 (5th Cir. 1971)). As a general rule, a Title plaintiff cannot bring any claim in a lawsuit that was not included in his or her charge. Zellars v. Liberty Nat. Life Ins. Co., 907 F.Supp. 355, 358 (M.D.Ala. 1995) (citing Alexander v. Gardner-Denver Co., 415 U.S. 36, 47, 94 S.Ct. 1011, 39 L.Ed.2d 147 (1974)); see also Van Meter v. Jefferson Smurfitt Corp., 1996 640432, *6 (N.D.Ga. 1996). In determining the permissible scope of an employment discrimination complaint brought under Title VII, the district court must first look to the charge and investigation. Evans v. U.S. Pipe Foundry Co., 696 F.2d 925, 929 (11th Cir. 1983 Title plaintiff is precluded from pursuing any claims in a federal court action that are not \"like or related\" to the claims asserted by the plaintiff in his charge, or that could not reasonably be expected to arise during the course of the investigation. Coon v. Georgia Pacific Corp., 829 F.2d 1563, 1569 (11th Cir. 1987); Sanchez v. Standard Brands, Inc., 431 F.2d 455, 466 (5th Cir. 1970); see also Griffin v. Carlin, 755 F.2d 1516, 1522 (11th Cir. 1985); Evans, 696 F.2d at 928; Buffington, 677 F.Supp. at 1192. Under this principle, additional charges in the civil complaint that do not arise naturally and logically from the facts presented to the are unrelated to the original charge and cannot be pursued in a civil action under Title VII. Plaintiff filed his first charge with the on November 3, 2005. Fourth Amended Complaint at \u00b6 104. He *1365 amended his charge to include a claim of retaliation on July 19, 2006, and on August 28, 2006 received a right-to- sue notice from the EEOC. It is questionable whether the second claim of retaliation arises naturally from the facts presented to the in Plaintiff's amended charge. In his charge, Plaintiff claims that he was 1365 Download Check Treatmen Sign In Opinion Summaries Case details demoted and his wages were reduced. He states without elaboration that he was retaliated against in violation of Title VII. Pl. Br. App. D.4. Based on subsequent pleadings and discovery, the Court assumes that Plaintiff was complaining in his amended charge about retaliation for filing the first charge. His second claim of retaliation based on separate protected activity and separate adverse employment actions, does not arise naturally and logically from the facts of the first claim of retaliation. See Mulhall v. Advance Sec., Inc., 19 F.3d 586, 589 n. 8 (11th Cir. 1994) (claim of unequal pay not the equivalent of claim alleging failure to promote because the complaint of unequal pay and the resulting investigation would not trigger an inquiry into defendants' promotion practices). Because Plaintiff did not include his second claim of retaliation in his amended charge, which was filed approximately three weeks after the facts of his second claim of retaliation occurred, he has not exhausted his administrative remedies. 21 21 Plaintiff's Fourth Amended Complaint bases his retaliation claim on his filing of the charge. Complaint at \u00b6 121. Additionally, in response to Defendants' interrogatory in which Plaintiff was asked to identify the protected activity upon which he bases his retaliation claim, Plaintiff responded that he was \"retaliated against for engaging in his statutorily protected right to file a complaint of discrimination with the EEOC.\" Defendants' Reply to Plaintiff's Brief in Response to Defendants' Motion for Summary Judgment [118] (quoting Plaintiff's Response to Defendants' Interrogatory No. 11). Even if Plaintiff's amended charge were held to include his second claim of retaliation, that claim is not properly before the Court as it was not included in any of the four versions of Plaintiff's complaint. Plaintiff's Fourth Amended Complaint states only that \"Plaintiff engaged in statutorily protected expression by filing his Charge with the EEOC.\" Complaint at \u00b6 121. Plaintiff did not raise his second retaliation claim until the Second Declaration of John Soloski, Pl. Br. App. D.3, filed with Plaintiff's Response to Defendant's Motion for Summary Judgment. Because Plaintiff did not plead it in his complaint, the claim cannot now be considered by the Court. See Flanigan's Ent., Inc. v. Fulton County, 242 F.3d 976, 988 (11th Cir. 2001) (claims raised for the first time in a response brief are not properly Download Check Treatmen Sign In Opinion Summaries Case details considered unless defendant had notice of the claim and plaintiff justifies amending the pleadings at that late date). In any event, Plaintiff's claim fails on the merits, discussed below. (a) Adverse Employment Action Plaintiff asserts that the series of events beginning with his first meeting with Mace and culminating in Plaintiff's resignation and the finding of sexual harassment constitutes an adverse employment action. Pl. Resp. at 31-32. Plaintiff argues that all of Mace's requests for Plaintiff's resignation came within twentyfour hours of Plaintiff's first complaint of racial discrimination, and that the requests were therefore retaliatory. Pl. Resp. at 33. Plaintiff also argues that the finding of sexual harassment, which came nine days later, was made in retaliation against his complaint. Pl. Resp. at 33- 34. Though the Court has found that the finding of sexual harassment alone is *1366 not a sufficiently adverse employment action to establish a prima facie case of discrimination, the Supreme Court has held that the standard for adverse employment action in the context of retaliation is broader. An action that is \"materially adverse\" to the employee and that \"well might have dissuaded a reasonable worker from making or supporting a charge of discrimination\" is an adverse employment action. Burlington Northern and Santa Fe Ry. Co. v. White, 548 U.S. 53, 68, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006). The threat to terminate and the finding of sexual harassment meet this standard. 1366 (b) Causal Link In his Fourth Amended Complaint, at paragraph 43, Plaintiff says he was asked to resign by Mace at the same June 20, 2005 meeting where he made his first complaint of racial discrimination. He has presented, however, no evidence that he made his complaint before he was asked to resign. In his Second Declaration, he does swear that \"[a]ll of Mace's demands for my resignation came within 24 hours of my first complaint of discrimination to Mace.\" Pl. Br. App. D.3. But that carefully masks whether he complained before Mace demanded his resignation. On the other hand, he also swears, at paragraphs 19-21 of his Second Declaration, that the June 20-21 meetings Download Check Treatmen Sign In Opinion Summaries Case details were \"onesided\" interactions where Mace \"repeatedly demanded my resignation\" and that there was nothing his counsel could do in the meetings because \"the final decision had already been made.\" Plaintiff was found to have violated the policy against sexual harassment nine days after the first meeting with Mace. There is a close temporal proximity between Plaintiff's alleged first complaint and both of these adverse employment actions. There is, however, also evidence that there was no causal connection between Plaintiff's complaint and the adverse actions, and no reasonable jury could find that Plaintiff's complaint of discrimination preceded Mace's request for his resignation. See DeHart v. Baker Hughes Oilfield Operations, Inc., 214 Fed.Appx. 437 (5th Cir. 2007) (not for publication) (no causal connection between denial of a pay raise and an employee's allegedly protected participation in a coworker's investigation when the employee was told that she would not receive a pay raise over two months before she allegedly participated in the coworker's investigation). 22 22 Plaintiff does not present evidence that he complained of discrimination before Mace asked him to resign, only that the events occurred within 24 hours of each other. Common sense would indicate that Plaintiff would not complain about discrimination before being disciplined, or asked to resign. In paragraph 49 of his Second Declaration, Plaintiff states that he \"complained that was being treated more harshly than Parker had been in the past because was not African American.\" It stands to reason that Plaintiff complained to Mace that he was being treated \"more harshly\" only after hearing the discipline to be imposed. According to Plaintiff, he was first told by Mace during a telephone conversation on June 17, 2005 that he should consider the option of resigning. Pl at \u00b6 49. He had known for some time that a sexual harassment investigation was underway, and in fact had been told by Washington in another telephone conversation that \"they\" were going to find him in violation of the sexual harassment policy. Pl at \u00b6 170. Plaintiff has alleged and argued that the actions that he claims were taken in retaliation against his complaint of racial *1367 discrimination were already in process when he made that complaint. Therefore, Plaintiff has failed to 1367 Download Check Treatmen Sign In Opinion Summaries Case details present sufficient evidence of causality to establish a prima facie case of retaliation. Were adequate evidence of causality presented, Defendants' legitimate non- discriminatory reason for asking Plaintiff to resign and finding him in violation of the policy is the same as that laid out by the Court in the context of Plaintiff's claim of discriminatory discipline. Mace, the decision- maker, reasonably relied on the to make the legal determination of whether the policy had been violated. That the made the wrong determination does not make the actions of Mace and Adams retaliatory. Accordingly, the Court that Defendants' motion for summary judgment be on Counts Five, Six and Seven of Plaintiff's complaint (SALARY) Defendants have moved for summary judgment on Count Three of Plaintiff's complaint, breach of contract for failure to pay Plaintiff his proper contractual salary. Plaintiff contends that his professor salary, upon his return to the faculty in 2006, should have been set at the level of the highest paid full professor in the Grady College, as per the letter written by former provost Karen Holbrook upon Plaintiff's appointment to the deanship. The letter, dated August 17, 2001, reads, \"You would retain your dean's salary for one year while re-tooling to move into a teaching and research mode. At the end of the year, the salary would be renegotiated to a level that would be no less than the highest paid full professor within the department of the Grady College.\" Def. Ex. 7. The parties differ as to what was meant by the Holbrook promise: was Plaintiff to be paid the same as the highest paid professor who worked and was paid for twelve months, or was Plaintiff promised to be paid an amount equal to that paid to the highest paid professor who only worked an academic year (nine months). At UGA, an academic appointment is a nine- month appointment, while a fiscal appointment is a twelve-month appointment. Professors on an academic year appointment are generally paid less. During the 2006/2007 academic year, the highest paid professor on the fiscal year payroll was Leonard Reid, who received a salary of $190,000. Download Check Treatmen Sign In Opinion Summaries Case details Second Soloski Dec. The highest paid professor on the academic year payroll was Conrad Fink, at $130,015. Id. Plaintiff's salary was set by Mace at $130,015 for the 2006/2007 academic year. Second Soloski Dec. \u00b6 39. Defendants argue that the intent of the Holbrook letter was that Plaintiff be paid the same as the highest paid professor working an academic year. They point to Plaintiff's resignation letter as evidencing that intent and, in any event, as amending that Holbrook letter to clarify and establish that Plaintiff's salary would be based on the highest paid professor on an academic year appointment. Def. Br. at 22. Plaintiff's letter states that his resignation \"initiates the exit agreement that then-Provost Karen Holbrook provided me when agreed to become dean.\" Def. Ex. 8. It also states, however, \"My salary in the 2007 academic year will be no less than the highest salary earned by any of the college's full professors on an academic year appointment.\" Id. (emphasis added). Plaintiff argues that the Holbrook letter was unambiguous; he was to get no less *1368 than the highest paid full professor, without regard to whether that professor had a twelve-month appointment or a ninemonth appointment, and that his resignation letter did not modify the Holbrook letter. Plaintiff relies on O.C.G.A. \u00a7 13-56 which states, \"since the free assent of the parties is essential to a valid contract, duress, either by imprisonment, threats, or other acts, by which the free will of the party is restrained and his consent induced, renders the contract voidable at the election of the injured party.\" Plaintiff claims that he was forced by Provost Mace to include the language \"on an academic year appointment\" in his letter of resignation, Second Soloski Dec. \u00b6 28, and that the language is therefore not enforceable. The Court finds that Plaintiff has failed to produce facts that amount to duress depriving him of his contractual volition. As discussed above, Plaintiff resigned as part of a settlement negotiation and chose to take the terms offered him by Mace, including the language of his resignation letter. 1368 In the alternative, Plaintiff argues that, even if the resignation letter is deemed controlling, Leonard Reid is still the proper full professor whose salary is to be used to set Plaintiff's compensation because Reid was actually on an academic year appointment, not a fiscal appointment. Pl. Resp. at 19. According to Plaintiff, while he was Dean of Grady College he negotiated Download Check Treatmen Sign In Opinion Summaries Case details *1369 White v. Kaminsky, 271 Ga.App. 719, 610 S.E.2d 542, 545 (2004). To read Plaintiff's resignation letter as leaving the Holbrook letter intact would be to ignore the provision stating that Plaintiff is to be paid at the level of a professor on an academic year appointment, rendering that provision with Reid that Reid could serve on an academic year appointment, but be paid his salary over twelve months. UGA's payroll system had no means of paying a professor on an academic year appointment over a fiscal year period, so Reid was put into the personnel payroll system as a fiscal year appointee even though he was not expected to work any different schedule from professors with academic appointments. Second Soloski Decl. at \u00b6\u00b6 28-34, 30-40 and Ex. A. thereto. The construction of a written contract is a question of law for the trial court, based on the intent of the parties as set forth in the contract. Bickerstaff Real Estate Management v. Hanners, 292 Ga.App. 554, 665 S.E.2d 705 (2008). The plain language of the Holbrook letter provides that Plaintiff's salary would be set by comparison with all full professors in the Grady College. It did not, however, address whether this comparator would include full professors who worked a twelve month year if Plaintiff returned to the faculty with only a nine-month work requirement. Plaintiff's resignation letter, however, settled this question. While it contains mildly inconsistent terms in that it incorporates the Holbrook letter (all full professors as comparators) without expressly stating that it was intended to supersede or modify it, it also contains language regarding Plaintiff's academic year appointment and specifies the use of academic year professors as comparators. Under O.C.G.A. \u00a7 13-2-2(4), \"[t]he construction which will uphold a contract in whole and in every part is to be preferred, and the whole contract should be looked to in arriving at the construction of any part court should, if possible, construe a contract so as not to render any of its provisions meaningless. The intention of the parties to a contract is ascertained from the entire contract, considering each provision in connection with the others, and not giving the contract a construction which entirely neutralizes one provision if it is susceptible of another which gives effect to all of its provisions. 1369 Download Check Treatmen Sign In Opinion Summaries Case details meaningless. The Court finds that reading the contract as a whole, it was the parties' intention that Plaintiff be paid not less than the highest-paid professor on an academic year appointment. While it is undisputed that Leonard Reid is part of the fiscal year payroll, Plaintiff has presented a material question of fact as to whether Leonard Reid is, in fact, on an academic year appointment, and therefore the proper salary comparator. See Pl. Br. App. D.3 at \u00b6\u00b6 28-34, 38-40, and Ex thereto. The Court therefore that Defendants' motion for summary judgment be as to Count Three of Plaintiff's complaint Defendants have moved for summary judgment on Count Ten of Plaintiff's complaint, a fraud claim. Plaintiff's claim is based on Defendants' alleged misrepresentations, made in the form of oral promises, at the time Plaintiff resigned. Plaintiff claims that Defendants made false representations to him that, if he resigned, there would not be a finding that he committed sexual harassment, Defendants would write a positive letter for him, and he would not receive a formal reprimand. Pl. Resp. at 46-47. Plaintiff claims that he relied on Defendants' alleged misrepresentations in deciding to resign from the deanship of Grady College. Plaintiff's fraud claim is more aptly seen as an action for breach of an oral contract. The promises allegedly made by Defendants were made in the context of the settlement negotiation regarding Plaintiff's resignation from the deanship. Plaintiff claims that Defendants subsequently failed to uphold their end of the bargain. Plaintiff's original complaint [1] included an equitable claim for promissory estoppel based on the same set of facts Plaintiff now pleads under his fraud claim. This Court dismissed the promissory estoppel claim because Plaintiff was seeking to have the Court recognize and enforce an oral promise. Report and Recommendation on Defendants' Motion to Dismiss [36] at 18. The same is true for the claim of fraud. Count Ten cannot succeed as a claim for breach of an oral contract. As state actors, Defendants are entitled to sovereign immunity under the Georgia Constitution, and are subject to suit only if that immunity is specifically Download Check Treatmen Sign In Opinion Summaries Case details waived elsewhere. See Ga. Const., art. I, \u00a7 II, \u00b6 IX(e). Georgia has waived its immunity for actions \"for the breach of any written contract,\" but no similar provision extends this waiver to oral contracts. See O.C.G.A. \u00a7 50-21- 1; Fedorov v. Bd. of Regents, 194 F.Supp.2d 1378, 1393-94 (S.D.Ga. 2002) (granting summary judgment to UGA's Board of Regents on a plaintiff's claim for breach of an implied contract because \"[t]he State is only subject to a lawsuit for breach of contract if the contract is in writing\"); Bd. of Regents v. Tyson, 261 Ga. 368, 404 S.E.2d 557, 559 (1991) (entering judgment for the Board of Regents of the University System of Georgia on sovereign immunity grounds because, although plaintiff might *1370 be able to establish that she had an implied contract with the defendant, she did not have a written contract.) 23 1370 23 O.C.G.A. \u00a7 20-3-36 explicitly affirms that sovereign immunity applies to the Board of Regents of the University System of Georgia. Even if the Court construes Count Ten as a fraud claim, Plaintiff's claim fails because it is based on an oral promise. \"Although fraud can be predicated on a misrepresentation as to a future event where the defendant knows that the future event will not take place, fraud cannot be predicated on a promise which is unenforceable at the time it is made.\" Studdard v. George D. Warthen Bank, 207 Ga.App. 80, 427 S.E.2d 58, 58 (1993) (quoting Beasley v. Ponder, 143 Ga.App. 810, 240 S.E.2d 111 (1977)) (emphasis in original). Referencing Balmer v. Elan Corporation, 278 Ga. 227, 599 S.E.2d 158 (2004), Defendants correctly argue that under Georgia law, oral promises are not enforceable by an \"at will\" employee. Def. Br. at 17. In Balmer, employees of Elan Corporation took part in an investigation against the corporation and were assured that they would not be terminated because of their participation. After then participating, the employees were fired. They sued their employer for fraud and breach of contract. With respect to their fraud claim, the Georgia Supreme Court held that \"any promises upon which [appellants] may rely to show misrepresentation are unenforceable because [their] underlying employment contract, being terminable at will, was unenforceable.\" Id. at 162 (citing Johnson v. MARTA, 207 Ga.App. 869, 429 S.E.2d 285 (1993) and Cannon v. Geneva Wheel Corp., 172 Ga.App. 20, 322 S.E.2d 69 (1984)). Unlike in Plaintiff's case, the promises the employees in 24 Download Check Treatmen Sign In Opinion Summaries Case details Balmer relied upon were promises not to fire them, even though they were otherwise at-will employees. Plaintiff does not claim reliance on a promise not to fire him, but on a promise not to find that he committed sexual harassment, which is separate from his employment contract. Pl. Resp. at 46. The promise not to find him guilty of sexual harassment, however, is similarly unenforceable because the State has not waived its sovereign immunity from suit for breach of an oral contract. Because Plaintiff's fraud claim is based on an unenforceable promise, it fails under Georgia law. See Beasley v. Ponder, 143 Ga.App. 810, 240 S.E.2d 111 (1977). 24 As discussed above, because Plaintiff served at the pleasure of the president of UGA, he served at-will in his deanship position. Moreover, Plaintiff is unable to establish a prima facie case of fraud. The five elements of fraud in Georgia are: (1) false representation made by the defendant; (2) scienter; (3) an intention to induce the plaintiff to act or refrain from acting in reliance by the plaintiff; (4) justifiable reliance by the plaintiff; and, (5) damage to the plaintiff. Johnson v Motors, Inc., 292 Ga.App. 79, 82, 663 S.E.2d 779 (2008). Plaintiff has failed to point to any direct or circumstantial evidence that Defendants' alleged promise not to find him in violation of the policy was a false representation at the time it was made, or that Defendants used the statement, knowing its falsity, to intentionally induce Plaintiff to resign his deanship. Additionally, Plaintiff is unable to show that he relied on Defendants' promise when deciding to resign his deanship. Plaintiff made a decision to step down from his position in order to secure the benefits promised by the Holbrook letter. He has testified that he had no choice; it was either resign with benefits or be terminated *1371 with no benefits. Soloski Dep. at 62-63. Given this admission, Plaintiff cannot show reliance; that is, that he would not have resigned absent this oral promise. 1371 Finally, even if Plaintiff relied on the promise, and it was an intentional misrepresentation, Plaintiff was not damaged by his reliance. Plaintiff held his deanship position at will and had no legal expectation of retaining it. Download Check Treatmen Sign In Opinion Summaries Case details Yarbray v. Southern Bell Tel. Tel. Co., 261 Ga. 703, 409 S.E.2d 835, 837 (1991) (quoting The Restatement (Second) of Torts \u00a7 46(1) (1965)); see also Bridges v. Winn-Dixie Atlanta, Inc., 176 Ga.App. 227, 335 S.E.2d 445, 447 (1985). In order to sustain a cause of action, the defendant's actions must have been so terrifying as naturally to humiliate, embarrass or frighten the plaintiff. Cornelius v. Auto Analyst, Inc., 222 Ga.App. 759, 476 S.E.2d 9, 11 (1996) (\"The conduct must be so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.\") (citation and internal quotation marks omitted); Comment d \u00a7 46(1) of the Restatement (Second) of Torts (\"Generally, the case is one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and leave him to exclaim `Outrageous!'\") (quoted in Yarbray, 409 S.E.2d at 837). For the reasons stated above, the Court that Defendants' motion for summary judgment be on Count Ten of Plaintiff's complaint Defendants have moved for summary judgment on Count Nine of Plaintiff's Fourth Amended Complaint, Intentional Infliction of Emotional Distress. Plaintiff contends that Defendants' conduct was extreme and outrageous. Pl. Resp. at 41. Georgia courts have recognized the tort of intentional infliction of emotional distress by stating: One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm. Defendants argue that they are entitled to judgment on Count Nine because Plaintiff cannot point to facts showing a genuine dispute of material fact regarding intentional infliction of emotional distress. Def. Br. at 23. To make out a prima facie case of intentional infliction of emotional distress under Georgia law, a plaintiff must prove each of the following elements: (1) the conduct must be intentional or reckless; (2) the conduct at issue must be extreme and outrageous; (3) there must be a causal connection between the Download Check Treatmen Sign In Opinion Summaries Case details wrongful conduct and the emotional distress; and (4) the emotional distress must be severe. Bridges v. Winn-Dixie Atlanta, Inc., 176 Ga.App. 227, 335 S.E.2d 445, 447-48 (1985). The burden that a plaintiff must meet in order to prevail on this claim is a stringent one, Bridges, 335 S.E.2d at 447, and it is one that the Court agrees Plaintiff has not met. In particular, even if the Defendants' actions were \"extreme and outrageous,\" which the Court finds they were not, given the high bar set by Georgia case *1372 law, there is no evidence that Plaintiff suffered severe emotional distress. Because Plaintiff has failed to point to evidence supporting this crucial element of his intentional infliction of emotional distress claim, Count Nine cannot survive summary judgment. The Court that Defendants' motion for summary judgment be with respect to Plaintiff's Intentional Infliction of Emotional Distress Claim, Count Nine of Plaintiff's complaint. 1372 25 25 See Cornelius v. Auto Analyst, Inc., 222 Ga.App. 759, 476 S.E.2d 9, 11 (1996) (\"The conduct must be so extreme in degree, as to go beyond all possible bounds of decency Defendants have moved for summary judgment on Count Eleven of Plaintiff's Fourth Amended Complaint [123], Invasion of Privacy. Defendants failed to include this claim in their original brief in support of their motion [89], prompting Plaintiff to argue against summary judgment on that basis, but later included it in Defendants' Reply to Plaintiff's Brief in Response to Defendants' Motion for Summary Judgment [118]. Plaintiff claims that Defendants are liable for an invasion of his privacy in that they negligently or recklessly published and allowed the republication of private, confidential or exempt records that placed him in a false light in the public eye. Fourth Amended Complaint at \u00b6 155. In order to sustain a false light invasion of privacy claim, a plaintiff must show that the defendant knowingly or recklessly published falsehoods about him or her and, as a result, placed him or her in a false light which would be highly offensive to a reasonable person. Restatement (Second) of Torts \u00a7 652E; see also Smith v. Stewart, 291 Ga.App. 86, 660 S.E.2d 822 (2008). Download Check Treatmen Sign In Opinion Summaries Case details In this case, discovery of the underlying issues involved in the claim for invasion of privacy had not yet been completed. Plaintiff has subpoenaed the testimony of news reporter Kelly Simmons of the Atlanta-Journal Constitution, and Simmons and the have moved to quash the subpoena [77]. The Court has not yet ruled on this motion. Plaintiff intends to ask Simmons the source of information she received regarding the sexual harassment investigation against Plaintiff before the investigation was complete. The publication of this information to the is the basis of Plaintiff's invasion of privacy claim. When that issue is resolved either party may again move for summary judgment on this claim. Until that time, however, pursuant to Federal Rule of Civil Procedure 56(f)(2), Plaintiff is entitled to have Defendant's motion on this claim be DENIED, without prejudice to refiling when discovery is completed. 26 26 Rule 56(f)(2) provides that if a party opposing a motion for summary judgment shows that, for specified reasons, it cannot present facts essential to justify its opposition, the court may order a continuance to enable affidavits to be obtained, depositions to be taken, or other discovery to be undertaken Plaintiff has moved for summary judgment on Count Twelve of his complaint, requesting attorney's fees and expenses. An award of attorney's fees is not appropriate at the summary judgment stage, as a request for attorney's fees is not a cause of action. The Court that Plaintiff's motion for summary judgment be as to Count Twelve. *1373 1373 For all the above reasons Defendants' Motion for Summary Judgment [89] be in part and in part, Plaintiff's First Motion for Summary Judgment [92] be in part and in part, and Plaintiff's Second Motion for Summary Judgment [100] be DENIED. Download Check Treatmen Sign In Opinion Summaries Case details In the event that the District Court adopts this Report and Recommendation, this action would proceed to trial on Count Three, breach of contract for failure to pay full contractual salary, and Count Eleven, Invasion of Privacy. The latter may be reexamined by the Court on motion after all discovery is completed that judgment be entered for Plaintiff on Count One, Mandamus, and that judgment be entered for Defendants on all counts of Plaintiff's Fourth Amended Complaint [123] except for Counts One, Three and Eleven this 26th day of November, 2008. *1373 1373 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 Download Check Treatmen Sign In Opinion Summaries Case details \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Download Check Treatmen Opinion Summaries Case details", "7718_102.pdf": "demotes official accused of sharing hotel with student \uf09a \uf099 \uf02f By The Associated Press Posted 10:55AM on Saturday, July 30, 2005 Associated Categories: State News \u00a9 Copyright 2025 AccessWDUN.com All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission. <p>The University of Georgia demoted a top official Friday who is accused of sharing a hotel with a female graduate student.</p> <p>Keith Parker, the former associate provost for institutional diversity, shared a hotel suite with the student on a two-night trip that Parker took to Washington in April spokesman Tom Jackson said.</p><p>The incident is still being investigated and there has been no allegation of sexual misconduct, Jackson said.</p><p>Parker will remain in his post as a tenured professor in the sociology department.</p><p>At least two other females _ a former administrator and a student _ had reported inappropriate behavior by Parker since he arrived in 2003, according to documents obtained by the Open Records Act.</p><p>Parker is the third high- profile employee to be investigated in recent weeks under the school's sexual harassment policy.</p><p>In June, officials determined that journalism dean John Soloski violated the policy by commenting that an employee's dress showed off her assets and remarking on the color of her eyes. Soloski resigned as dean a day before the investigation was complete.</p><p>Attorneys are also investigating allegations that Police Chief Jimmy Williamson viewed pictures of nude women in his office and used racial slurs. </p><p>___</p><p>HASH(0x1cfff3c)</p Hanging noose at airport construction site Currently 61 Friday March 21st, 2025 4:37PM Worker fired for hanging noose at airport construction site Water crisis is Atlanta Judge remains critical a week after beating at law office Freezing weather across the Southeast could threaten crops Currently 61 Friday March 21st, 2025 4:37PM Hanging noose at airport construction site Currently 61 Friday March 21st, 2025 4:37PM Worker fired for hanging noose at airport construction site Currently 61 Friday March 21st, 2025 4:37PM Water crisis is Atlanta Currently 61 Friday March 21st, 2025 4:37PM Judge remains critical a week after beating at law office Currently 61 Friday March 21st, 2025 4:37PM Freezing weather across the Southeast could threaten crops Currently 61 Friday March 21st, 2025 4:37PM 'Dogs, Jackets wrap up spring practice Currently 61 Friday March 21st, 2025 4:37PM Missing 12-year-old's body found in lagoon Currently 61 Friday March 21st, 2025 4:37PM Salmonella outbreak may be linked to tainted peanut butter About AccessWDUN Contact Us Contact the Newsroom Submit a news tip Advertise with us Careers Listen Live apps Newsletters & Alerts Terms of Use User Agreement Currently 61 Friday March 21st, 2025 4:37PM Privacy Policy Report Jacobs Media 1102 Thompson Bridge Road Gainesville 30501 2025 \u00a9 Jacobs Media Corporation. All rights reserved. Website by Full Media Currently 61 Friday March 21st, 2025 4:37PM"} |
7,588 | Jude A. Fabiano | State University of New York - Buffalo | [
"7588_101.pdf",
"7588_102.pdf",
"7588_101.pdf",
"7588_102.pdf"
] | {"7588_101.pdf": "From Casetext: Smarter Legal Research Shiner v. State Univ. of Nov 2, 2012 11-CV-01024 (W.D.N.Y. Nov. 2, 2012) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free 11-CV-01024 11-02-2012 SHINER, Plaintiff, v Defendants Sign In Search all cases and statutes... Opinion Summaries Case details Plaintiff Lesley Shiner (\"Plaintiff\" or Shiner\") commenced this employment discrimination action against the State University of New York, University at Buffalo (\"SUNY\") and Dr. Jude Fabiano (\"Fabiano\"). Shiner, a clerk within the instrument management services department at University at Buffalo Dental School, alleges that Fabiano, the former Associate Dean for Clinical Affairs, subjected her to sexual comments, unwanted sexual advances and sexual assaults at the 2010 department Christmas party. Plaintiff sued and Fabiano for sexual harassment under Title of the Civil Rights Act of 1964 (\"Title VII\"), 42 U.S.C. \u00a7200e, et seq. She also asserted various other federal and state law claims against Fabiano only. *2 2 has moved to dismiss Plaintiff's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6 argues that based upon the allegations in Plaintiff's complaint and the affirmative defense set forth by the Supreme Court in Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and its progeny, it cannot be held liable under Title VII. For the reasons that follow, Defendant SUNY's motion to dismiss is denied Plaintiff filed her initial complaint on December 1, 2011. Therein, she alleged sexual harassment under Title and the New York State Human Rights Law, discrimination pursuant to Section 1983 of Title 42 of the United States Code, and common law claims of assault and battery. On April 2, 2012 filed a motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6 argued, among other things, that it could not be liable for Plaintiff's state law claims due to the State of New York's Eleventh Amendment immunity. On May 14, 2012, Plaintiff filed an amended complaint. On that same day and Plaintiff filed a joint stipulation stating that in light of the amended complaint, they agreed to treat SUNY's initial motion to dismiss as moot. *3 1 3 1 Plaintiff's initial complaint listed each cause of action separately but failed to specify the Defendant or Defendants each cause of action was being asserted against. Therefore, it was unclear as to which cause of action applied to which Defendant. Plaintiff's amended complaint asserts causes of action against Defendant Fabiano for sexual harassment under Title and discrimination under Section 1983, as well as common law claims of assault and battery. The only claim asserted against in the amended complaint is sexual harassment under Title VII. On May 24, 2012 renewed their motion to dismiss, arguing that the allegations in Plaintiff's complaint, taken as true, fail to state a viable claim against under Title VII.2 2 Plaintiff argues that is precluded from making a second motion to dismiss pursuant to the \"omnibus requirements\" of Federal Rule of Civil Procedure (\"FRCP\") 12(g). However, a motion to dismiss under 12(b) (6) falls under an exception to the omnibus motion rule in 12(g)(2). Because that exception is clear and prevents a plaintiff from intentionally filing a defective complaint in order to prompt a m otion to dismiss in the expectation that a later-filed amended pleading will be beyond the Court's scrutiny under Rule 12(b)(6), plaintiff's counsel's argument is troubling to the Court. Moreover, upon the filing of the amended complaint in this case, the parties stipulated and agreed that the original motion to dismiss was mooted by plaintiff's amendment of the complaint as of right. Therefore, the instant motion to dismiss is procedurally correct and will be considered on its merits Shiner began working as a clerk within the instrument management services department of the University at Buffalo Dental School Dental School\") in August of 1998. Fabiano served as Associate Dean for Clinical Affairs at Dental School. Steve Colombo was the Director of Clinical Operations. Both men had supervisory authority over Shiner although she did not report directly to either of them. *4 3 4 3 The facts set forth herein reflect the allegations in Plaintiff's amended complaint. All well-pleaded allegations are accepted as true for the purposes of this motion to dismiss, but do not constitute the findings of the Court. See Chambers v. Time Warner, Inc., 282 F.3d 147, 152 (2d Cir. 2002). The Dental School holds an annual department Christmas party for staff. The party is organized by Colombo and funded by the Foundation. At the 2008 and 2009 department Christmas parties, Colombo and Fabiano made sexually inappropriate and sexually explicit comments in front of staff members, including Shiner. Upon receiving an email invitation to the 2010 department Christmas party, Shiner informed her direct supervisor, Patricia Sellick, that she did not want to attend the party because of the \"sexual and verbal abuse\" that had occurred at previous department Christmas parties. The Christmas party was held on December 21, 2010 at a local bar. Despite her complaints with respect to the tenor of the previous Christmas parties, Shiner attended. She was seated near Fabiano and Colombo. Over the course of the party, Colombo and Fabiano made inappropriate and sexually explicit remarks, comments and gestures. Fabiano made unwelcome sexual advances to Shiner and another staff member, and sexually assaulted Shiner. The most egregious acts committed by Fabiano included: (1) fondling Shiner's breasts; (2) placing his mouth on Shiner's ear and inserting his tongue in her ear; (3) chasing Shiner around a table (4) grabbing Shiner and Jackie Haefner, another female staff member, by their necks and \"bending them over a table\" in front of other staff members; (5) pushing Shiner and Haefner's faces together and instructing them to kiss, stating that he wanted some \"girl on girl\" action, and telling Shiner and Haefner that he wanted the three of them to be together *5 sexually; (6) pulling Shiner on his lap and asking Shiner to meet him somewhere after the party; and (7) forcefully pinching and squeezing Shiner's ribs when she did not submit to his advances. The majority of this conduct occurred in front of Sellick, Shiner's direct supervisor, Colombo, and other department employees. 5 It appears that Fabiano was the primary aggressor against Shiner. However, Colombo encouraged and cheered much of Fabiano's behavior. At one point during the party, Colombo grabbed Shiner's hand and pulled her onto his lap, stating to Fabiano \"you might be the boss, but have her now.\" The following day, Shiner told a number of her co-workers as well as Sellick that she was extremely upset about what had occurred at the party, and specifically that Fabiano propositioned her, humiliated her, and hurt her. Sellick told Shiner to \"do something about it\", to which Shiner replied, \"you are the one who's supposed to do something.\" At some point after the December 2010 party, although it is unclear when, Shiner filed a complaint with the University at Buffalo Employee Relations Office. On March 3, 2011, Michael Glick, Dean of Dental School, informed Fabiano that his current term appointment would end on March 12, 2012. On March 7, 2011, Sarah Augustynek, Assistant Director of Employee Relations, advised Fabiano that he was suspended without pay as a result of his conduct at the Christmas party. In accordance with the terms of his union contract, Fabiano was *6 issued a formal notice of discipline on March 8, 2011. Based upon the allegations in the complaint, it is unclear how long the suspension lasted or what, if any, additional contractual disciplinary proceedings occurred with respect to Fabiano. According to Plaintiff's complaint, no disciplinary action has been taken against Colombo. 6 4 4 The notice of discipline was issued pursuant to Article 19 of the 2007-2011 Agreement between the State of New York and the United University Professions When ruling on a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), the Court must \"accept all of the plaintiff's factual allegations in the complaint as true and draw inferences from those allegations in the light most favorable to the plaintiff.\" Starr v. Georgeson S'holder, Inc., 412 F.3d 103, 109 (2d Cir. 2005 complaint should be dismissed only if it fails to contain enough allegations of fact to state a claim for relief that is \"plausible on its face.\" Bell Atl. Corp. V. Twombly, 550 U.S. 544 (2007); see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). In considering a motion to dismiss, \"the issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims.\" Todd v. Exxon Corp., 275 F.3d 191, 198 (2d Cir. 2011). Here, Plaintiff alleges that subjected her to a hostile work environment under Title argues that Plaintiff's claim should be *7 dismissed since it is clear, from the face of the complaint, that is exempt from liability based upon the affirmative defense set forth by the 7 Supreme Court in Faragher v. Boca Raton and its progeny. As outlined below, SUNY's motion to dismiss based upon the affirmative defense is pre-mature and will be denied without prejudice for renewal later in the litigation. In order to state a cause of action for hostile work environment discrimination under Title VII, Shiner must allege: (1) that her workplace was permeated with conduct that was \"sufficiently severe or pervasive to alter the conditions of her work environment\"; and (2) \"a specific basis exists for imputing the conduct that created the hostile environment to [her] employer.\" Patane v. Clark, 508 F.3d 106, 113 (2d Cir. 2007). The first element of a hostile work environment claim requires that the plaintiff's allegations demonstrate that the environment was both subjectively and objectively hostile. See Gregory v. Daly 243 F.3d 687, 691-92 (2d Cir.2000). Although \"isolated, minor episodes of harassment do not merit relief under Title VII\", the Second Circuit has made clear that \"even a single episode of harassment, if severe enough, can establish a hostile work environment.\" Torres v. Pisano, 116 F.3d 625, 632-33 (2d Cir. 1997). Indeed, single instances of unwelcome touching or sexual assaults are often sufficient to support a prima facie claim of sexual harassment. See e.g., Tomka v. Seiler Corp., 66 F.3d 1295, 1305 (2d Cir. 1995) (case law is clear that \"even a single incident of sexual *8 assault sufficiently alters the conditions of the victim's employment and clearly creates an abusive work environment\"); Wahlstrom v. Metro-North Commuter R.R., 89 F. Supp. 2d 506, 511 2000) (single incident where co-worker approached plaintiff, embraced her and slapped her buttocks sufficient to defeat motion for summary judgment on hostile work environment claim because \"physical contact between the parties was neither harmless nor accidental\"); Yaba v. Roosevelt, 961 F. Supp. 611, 620 1997) (denying motion to dismiss hostile work environment claim based on one event, because plaintiff alleges a \"serious incident of sexual harassment [that]...if credited by a jury, could be judged sufficient to have created a hostile or offensive working environment\"). 8 Plaintiff's complaint alleges that Fabiano subjected to her to lewd sexual comments and advances, grabbed her breasts, chased her around a table, inserted his tongue in her ear, and forcefully pinched her ribs when she refused to submit to his requests. These egregious acts took place at an employer-funded party, in front of Plaintiff's colleagues, while another one of Plaintiff's supervisors laughed and cheered Fabiano's behavior. Based upon the Second Circuit precedent discussed above, Plaintiff's allegations, if true, are plainly sufficient to state a claim for hostile work environment harassment. In addition to establishing that she was subjected to a hostile work environment, Plaintiff must also establish that the conduct which created the hostile environment should be imputed to the employer. Leopold v. Baccarat, *9 Inc., 239 F.3d 243, 245 (2d. Cir. 2001). When the alleged harasser holds a supervisory position over a plaintiff, his or her conduct is automatically imputed to the employer unless the employer is able to successfully raise an affirmative defense that examines the reasonableness of the conduct of both the employer and the employee. Id. at 245. This defense, set forth by the Supreme Court and deemed the Faragher/Ellerth affirmative defense, requires proof of the following two elements: (1) \"the employer exercised reasonable care to prevent and correct any harassing behavior\", and (2) \"the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer to avoid harm otherwise\". Faragher v. City of Boca Raton, 524 U.S. 775, 807 (1998); Burlington Industries v. Ellerth, 524 U.S. 742, 765 (1998). 9 The Faragher/Ellerth affirmative defense is not available when the alleged perpetrator of the harassment holds a sufficiently high position within management to be considered the employer's proxy, such that his or her actions are automatically imputed to the employer. See Townsend v. Enterprises, Inc., 679 F.3d 41 (2d Cir. 2012) (the Faragher/Ellerth affirmative defense is unavailable when the supervisor in question is the employer's proxy or alter ego); Faragher, 524 U.S. at 789-90 (presidents, owners, proprietors, partners, corporate officers, and supervisors with a high position in the management hierarchy are the types of officials who can be considered an organization's alter ego). *10 10 argues that the allegations in Plaintiff's complaint demonstrate that both elements of the Faragher/Ellerth defense have been satisfied and therefore the claim against the school must be dismissed. Plaintiff maintains that the Faragher/Ellerth defense does not apply here, since Fabiano is sufficiently high ranking in the organization to be considered SUNY's proxy or alter ego contends that Fabiano, an assistant dean of the Dental School, does not occupy a sufficiently high position within the management system as a whole to be considered a proxy or alter ego of SUNY. In evaluating SUNY's motion to dismiss, the Court does not reach this argument Even if is correct and Fabiano is not SUNY's proxy or alter ego, dismissal of Plaintiff's claims would still be improper since there is insufficient evidence before the Court, at this stage of the proceeding, to prove that exercised reasonable care and is entitled to the Faragher/Ellerth defense as a matter of law. The employer bears the burden of proving the Faragher/Ellerth affirmative defense by a preponderance of the evidence. Leopold, 239 F.3d at 245 party faces a significantly heightened standard to obtain judgment as a matter of law on an issue as to which that party bears the burden of proof at trial. Granite Computer Leasing Corp. v. Travelers Indem. Co., 894 F.2d 547, 551 (2d Cir. 1990) (\"It is rare that the party having the burden of proof on an issue at trial is entitled to a directed verdict\"). The Second Circuit has concluded that with respect to the Faragher/Ellerth affirmative defense, even summary judgment is *11 cautioned against unless \"the evidence is so overwhelming that the jury could rationally reach no other result.\" Fairbrother v. Morrison, 412 F.3d 39, 53 (2d Cir. 2005). 11 has failed to meet this high standard. As outlined above, in order to take advantage of the affirmative defense must show that: (1) it took reasonable steps to prevent harassment and remedy the conduct promptly when it was brought to SUNY's attention; and (2) that the harassed employee unreasonably failed to avail themselves of SUNY's corrective or preventative opportunities. Ellerth, 524 U.S. at 765. If there exists any issue of fact as to whether an employer's action to prevent or correct harassment is effectively remedial and prompt, judgment as a matter of law is inappropriate. Gallagher v. Delaney, 139 F.3d 338 (2d. Cir. 1998). In light of the allegations set forth in the complaint which must be regarded as true, and without additional discovery and factual findings cannot establish that it is entitled to this defense as a matter of law. Plaintiff's complaint alleges that upon receiving an invitation to the 2010 Christmas party, she informed her supervisor that she did not want to attend because of the \"verbal and sexual abuse\" that had occurred at Christmas parties in years past. This allegation is sufficient to raise a question of whether Plaintiff complained prior to the December 2010 party and whether exercised reasonable care to promptly correct the sexually harassing conduct or prevent future conduct. See *12 Prince v. Madison Square Garden, 427 F.Supp. 2d 372, 382 2006) (denying employer's motion to dismiss on grounds that plaintiff failed to allege facts sufficient to support imputing liability to her employer, since there were issues of fact as to the adequacy of the employer's investigation of plaintiff's sexual harassment complaint and reasonableness of the parties' conduct); Little v. NBC, Inc., 210 F. Supp. 2d 330 2002) (where there is evidence that plaintiffs' supervisors routinely mocked or dismissed their informal complaints of discrimination and harassment, a genuine issue of fact existed as to whether employer's policy was effective). 12 Furthermore, Plaintiff alleges that the harassing conduct occurred in December, and it appears that did not take any action until March. Without the benefit of additional details regarding when Plaintiff complained to Employee Relations, and what, if any, investigation took place in the meantime, this Court cannot evaluate the promptness and adequacy of SUNY's response. Moreover, it appears that while some action was taken against Fabiano, the length of the suspension and outcome of the formal disciplinary proceeding initiated against him are not known at this time. See Howley v. Town of Stratford, 217 F.3d 141 (2d Cir. 2000) (employee presented enough evidence to *13 withstand summary judgment with respect to the second element of her hostile work environment claim, i.e., that her employer's response to her complaints was inadequate, where employer took five weeks to mete out discipline after employee complained of verbal abuse and discipline consisted of only a weekend suspension). 5 13 5 The complaint alleges that on March 3, 2011, the Dean of Dental School informed Fabiano that his current term appointment would end on March 12, 2012. However, it is unclear as to whether this was because of Fabiano's behavior at the 2010 Christmas party or due to some other reason. Since the length of Fabiano's suspension is unknown, it is also unclear as to whether Plaintiff had to continue working with Fabiano during the year remaining in his term appointment. -------- Finally, Plaintiff alleges that she was also harassed by Colombo, that she had previously complained about him and that no disciplinary action was taken against him. Without additional factual discovery, it is unknown if Colombo could be found to have contributed to a hostile work environment and what, if any, action took to investigate or correct his behavior. See Garcia v. College of Staten Island, 2012 U.S. Dist 2012)(employer's motion to dismiss based upon the Faragher/Ellerth affirmative defense denied, without prejudice for renewal on a summary judgment motion, since \"even assuming the Court could view [the employer's harassment policy] on this motion and that it was in effect at the time of these incidents, it is unclear whether the parties' actions complied with the policy); Gallagher, 139 F.3d at 348-349 (vacating a district court's granting of summary judgment where district court concluded that moving an employee's office to a different part of the building was a prompt and adequate response to a harassment complaint, since \"a jury could disagree on how prompt, appropriate and adequate was the response\"). *14 14 In sum, the facts of this case may ultimately establish that is exempt from liability based upon the Faragher/Ellerth affirmative defense. However, at this stage of the litigation the Court simply does not have enough information to evaluate the merits of this defense. The motion to dismiss is denied without prejudice with respect to SUNY's ability to assert the affirmative defense going forward in this matter. Conclusion For all of the foregoing reasons, State University of New York's motion to dismiss is denied. This case is referred to Magistrate Judge Hon. Hugh B. Scott who is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non- dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or *15 applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. 15 ORDERED. ______________ About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice.", "7588_102.pdf": "August 30, 2013, 7:52 pm 3-year-old boy dies, three others injured in Cheektowaga crash \u226b Next: Blaze blamed on fire pit ashes causes $325,000 in damage to East Amhers\u2026 \u226a Previous: Woman accused of unfriendly jab during dispute over money 3-year-old Cheektowaga boy died and his mother. older brother and another driver were hospitalized after a head-on crash on Losson Road near Borden Road about 3:50 p.m. Friday. Police said the mother, Adrianne Hettinger, 27, veered from the eastbound lane of Losson and struck a westbound SUV, which in turn was hit by another car. The boy was pronounced dead at Women and Children\u2019s Hospital, where his 7-year-old brother also was admitted. Their names were unavailable. Hettinger and Frank Addeo, 66, of Lancaster, the driver of the SUV, were admitted to Erie County Medical Center. Their conditions were unavailable late Friday. James Miller, 28, of Silver Creek, whose westbound car rear-ended the SUV, suffered minor injuries but required no medicaL treatment, police said. Cheektowaga police are seeking information from anyone who witnessed the crash. Call (716) 686-3510. $"} |
7,510 | John Kalles | Pierce College | [
"7510_101.pdf"
] | {"7510_101.pdf": "Discover people named John Kalles Explore historical records on MyHeritage, the leading platform for discovering family history internationally. Shed light on the life of people named John Kalles through birth, marriage, and death records, censuses, and more. MyHeritage Family Trees Birth John Allan was born circa 1913, in birth place, Washington. English Accessibility Search all records about John Kalles across MyHeritage's database of billions of historical records. Search John Kalles John Allan KALLES, Circa 1913 - 1991 MyHeritage Family Trees First and middle name(s) Last name Search in 33.7 billion historical records Search John Kalles First and middle name(s) Last name 01/03/2025, 10:09 John Kalles Family History & Historical Records - MyHeritage 1/17 Siblings John had 5 siblings: James Elroy KALLES, Elmer Leland and 3 other siblings. Spouse John married Muriel Mary (born TOMPKINS) on month day 1936, at age 23 in marriage place, Washington. Muriel was born circa 1916, in birth place, Washington. They had 4 children: Michael Allan and 3 other children. John then married Laura (born FILKINS) on month day 1985, at age 72 in marriage place, Washington. Laura was born on month day 1911. Personal Info John lived in address, Arizona. He lived in 1920, in address, Washington. He lived in 4 more places. His occupation was a occupation. Death John passed away of cause of death on month day 1991, at age 78. He was buried in burial place, Washington. Documents of John Allan View all documents Birth John* Valentin Kalles was born on month day 1927, in birth place. Siblings John* had 2 siblings: Gunda Elvira Andersson (born Kalles) and one other sibling. Death John* passed away on month day 2005, at age 78 in death place. View all individuals John Kalles in 1940 United States Federal Census John Kalles was born circa 1913, in Washington, USA. John married Muriel Kalles. Muriel was born circa 1916, in Washington, USA. They had 2 sons: Micheal Kalles and John Jr Kalles. John lived in 1935, in Puyallup, Pierce, Washington. He lived in 1940, in 1941 Adams St, Tacoma, Pct 105-106, Pierce, Washington, USA. John* Valentin Kalles, 1927 - 2005 MyHeritage Family Trees Search in 33.7 billion historical records First and middle name(s) Last name 01/03/2025, 10:09 John Kalles Family History & Historical Records - MyHeritage 2/17 Newspaper Name Index, USA, Canada, and Australia \"... facing sexual harassment charges in a dismissal hearing at the school. As many as 41 sex students and 39 teachers are expected to testify against hlm. The hearing for Instructor John Kalles, which began Monday, was expected to wind up today, sald Sharon Golightly, a faculty member and president of thc the Pierce College Faculty Association. S\u00ab\u00bb TO\"\u00ae rf ntai nearest Kalles, who started teaching at Pierce when the college opened in 1967, was suspended ln late December after a student complained An Investigation by thc college's special attorney revealed complaints from ...\" Publication place: Spokane, Spokane County, Washington, United States \"... xr ild by owners Jack and Di i be final on June 5, officials said. Jack and Dena Streff. The sale i Instructor accused of sex harassment quits sex John Kalles, a Pierce College who was accused of sexually harassing so The Tacoma News Kalles quit in an apparent settlement with the sex college's board of trustees, but that details of the ...\" Publication place: Spokane, Spokane County, Washington, United States John Kalles in Spokane Chronicle - \u200eMar 25 1987 Newspaper Name Index, USA, Canada, and Australia John Kalles in The Spokesman-Review - \u200eMay 28 1987 Newspaper Name Index, USA, Canada, and Australia John Kalles in Today's News-Herald - \u200eSep 3 1998 Newspaper Name Index, USA, Canada, and Australia Search in 33.7 billion historical records First and middle name(s) Last name 01/03/2025, 10:09 John Kalles Family History & Historical Records - MyHeritage 3/17 \"... Delaware and Pennsylvania. Chattahoochee River NRA, Georgla. Kaites ad prompts McGovern response By Associated Press Writer (AP) Thc only missing was a fistfight. Republican attorney general Juhn Kalles faced reporters al lhc front of lhc room, accusing his primary opponent, Tom McGovern, of heing a criminal McGovern stood Just a few feel red. head shaking, interjecting nl times. ...\" Publication place: Lake Havasu City, Mohave County, Arizona, United States \"... facing sexual harassment charges in a dismissal hearing at the school. As many as 41 sex students and 39 teachers are expected to testify against hlm. The hearing for instructor John Kalles, which began Monday, was expected to wind up today, said Sharon Golightly, a faculty member and president of the the Pierce College Faculty Association. Kalles, who started teaching at Pierce when the college opened in 1967, was suspended ln laic December after a student complained. An investigation by the college's special attorney revealed complaints from ...\" Publication place: Spokane, Spokane County, Washington, United States View all records John Kalles in Spokane Chronicle - \u200eMar 25 1987 Newspaper Name Index, USA, Canada, and Australia 1940 United States Federal Census Birth John Kalles was born circa 1935, in North Carolina, USA, to Felix John Kalles and Ether Kalles. Siblings John had 4 siblings: Mildred Kalles, Samuell Kalles, Kenneth Kalles and Mary Jane Kalles. John Kalles, born Circa 1935 1940 United States Federal Census Search in 33.7 billion historical records First and middle name(s) Last name 01/03/2025, 10:09 John Kalles Family History & Historical Records - MyHeritage 4/17 Personal Info John lived in 1935, in R, Caldwell, North Carolina. He lived in 1940, in Old Highway # 17, Hudson, Caldwell, North Carolina, USA. Birth John Kalles was born circa 1922, in Illinois, USA, to John Kalles and Helen Kalles. Siblings John had one sister: Mary Logan. Personal Info John lived in 1935, in Same House - 7357 St Laurence Ave, Chicago, Cook, Illinois, USA. He lived in 1940, in 7357 St Laurence Ave, Chicago, Cook, Illinois, USA. Birth John Jr Kalles was born circa 1940, in Washington, USA, to John Kalles and Muriel Kalles. Siblings John had one brother: Micheal Kalles. Personal Info John lived in 1940, in 1941 Adams St, Tacoma, Pct 105-106, Pierce, Washington, USA. Birth John Kalles was born circa 1884, in Lithuania. Spouse John married Helen Kalles. Helen was born circa 1892, in Lithuania. They had 2 children: John Kalles and Mary Logan. John Kalles, born Circa 1922 1940 United States Federal Census John Jr Kalles, born Circa 1940 1940 United States Federal Census John Kalles, born Circa 1884 1940 United States Federal Census Search in 33.7 billion historical records First and middle name(s) Last name 01/03/2025, 10:09 John Kalles Family History & Historical Records - MyHeritage 5/17 Personal Info John lived in 1935, in Same Place - 7357 St Laurence Ave, Chicago, Cook, Illinois, USA. He lived in 1940, in 7357 St Laurence Ave, Chicago, Cook, Illinois, USA. View all records 1950 United States Federal Census Birth John Kalles was born circa 1938, in Minnesota, United States, to John Kalles and Lucy Kalles. Siblings John had 2 sisters: Margaret Kalles and Mary Louise Kalles. Personal Info John lived in Curtice. He lived on April 1 1950, in Curtice, St. Paul, Ramsey, Minnesota, United States. Birth John Kalles was born circa 1948, in New York, United States, to John Kalles and Georgiana Kalles. Siblings John had one sister: Frances Kalles. Personal Info John lived on April 1 1950, in 3138 Queens, Queens, New York, United States. John Kalles, born Circa 1938 1950 United States Federal Census John Kalles, born Circa 1948 1950 United States Federal Census Search in 33.7 billion historical records First and middle name(s) Last name 01/03/2025, 10:09 John Kalles Family History & Historical Records - MyHeritage 6/17 Birth John Kalles was born circa 1907, in Wisconsin, United States. Spouse John married Lucy Kalles. Lucy was born circa 1906, in Minnesota, United States. They had 3 children: Margaret Kalles, Mary Louise Kalles and John Kalles. Personal Info John lived in Curtice. He lived on April 1 1950, in Curtice, St. Paul, Ramsey, Minnesota, United States. Birth John Kalles was born circa 1908, in New York, United States. Spouse John married Georgiana Kalles. Georgiana was born circa 1916, in New York, United States. They had 2 children: Frances Kalles and John Kalles. Personal Info John lived on April 1 1950, in 3138 Queens, Queens, New York, United States. View all records John Kalles, born Circa 1907 1950 United States Federal Census John Kalles, born Circa 1908 1950 United States Federal Census 1905 Iowa State Census Birth John Kalles was born circa 1862, in birth place. John Kalles, born Circa 1862 1905 Iowa State Census Search in 33.7 billion historical records First and middle name(s) Last name 01/03/2025, 10:09 John Kalles Family History & Historical Records - MyHeritage 7/17 Personal Info John lived in 1905, in address, Iowa. 1905 South Dakota State Census Birth John Kalles was born in 1886, in birth place. Personal Info John lived in address, South Dakota. John Kalles, born 1886 1905 South Dakota State Census U.S. Social Security Death Index Birth John Kalles was born on October 31 1886. Personal Info John lived in Chicago, Illinois 60647, USA. Death John passed away in November 1968, at age 82. View all records John Kalles, 1886 - 1968 U.S. Social Security Death Index (SSDI) Search in 33.7 billion historical records First and middle name(s) Last name 01/03/2025, 10:09 John Kalles Family History & Historical Records - MyHeritage 8/17 Illinois Deaths, before 1916 Birth John Kalles was born circa 1881. Death John passed away on month day 1907, at age 26 in death place, Illinois. John Kalles, Circa 1881 - 1907 Illinois Deaths, before 1916 FamilySearch Family Tree Birth John David Kalles was born circa 1752, in birth place. Spouse John married Margaret Sybil Kalles (born Kander) on month day 1775, at age 23 in marriage place. Margaret was born circa 1755, in birth place. Spouse John Joseph Kalles married Martah J. Kalles (born Gruzlewski) on month day 1904, in marriage place, Illinois. John David Kalles, born Circa 1752 FamilySearch Family Tree John Joseph Kalles FamilySearch Family Tree Search in 33.7 billion historical records First and middle name(s) Last name 01/03/2025, 10:09 John Kalles Family History & Historical Records - MyHeritage 9/17 1920 United States Federal Census Birth John Kalles was born circa 1880, in birth place. Spouse John married Elizabeth Kalles. Elizabeth was born circa 1876, in birth place. They had 3 children: John Kalles Jr and 2 other children. Personal Info John lived in 1920, in address, New Jersey. Birth John Kalles was born circa 1874, in birth place. Personal Info John lived in 1920, in address, Alaska. Birth John Kalles was born in birth place. Personal Info John lived in 1920, in address, California. John Kalles, born Circa 1880 1920 United States Federal Census John Kalles, born Circa 1874 1920 United States Federal Census John Kalles 1920 United States Federal Census Search in 33.7 billion historical records First and middle name(s) Last name 01/03/2025, 10:09 John Kalles Family History & Historical Records - MyHeritage 10/17 1930 United States Federal Census Birth John Kalles was born circa 1878, in birth place, Illinois. Spouse John married Martha Kalles. Martha was born circa 1882, in birth place, Illinois. They had one daughter: Clara Madsen. Personal Info John lived in 1930, in address, Illinois. Birth John Kalles was born circa 1883, in birth place. Personal Info John lived in 1930, in address, Utah. Birth John Kalles was born circa 1875, in birth place. Personal Info John lived in 1930, in address, Washington. John Kalles, born Circa 1878 1930 United States Federal Census John Kalles, born Circa 1883 1930 United States Federal Census John Kalles, born Circa 1875 1930 United States Federal Census Search in 33.7 billion historical records First and middle name(s) Last name 01/03/2025, 10:09 John Kalles Family History & Historical Records - MyHeritage 11/17 Sign up to start your family tree for free Enter a few names and MyHeritage will build your family tree and deliver new insights about John Kalles 1881 Canada Census Birth John Kalles was born circa 1856, in birth place. Spouse John married Sarah Kalles. Sarah was born circa 1858, in birth place. Personal Info John lived on month day 1881, in address. John Kalles, born Circa 1856 1881 Canada Census Australia, Inwards Unassisted Passengers to Victoria, 1852-1923 Birth John Mr Kalles was born circa 1877. John Mr Kalles, born Circa 1877 Australia, Inwards Unassisted Passengers to Victoria, 1852-1923 Get started Search in 33.7 billion historical records First and middle name(s) Last name 01/03/2025, 10:09 John Kalles Family History & Historical Records - MyHeritage 12/17 Import family tree (GEDCOM) John | First name meaning The first name John has its origins in the Hebrew name Yochanan, meaning \"Yahweh is gracious.\" It first appeared in ancient Israel and has been widely used across various cultures and regions, particularly in Europe and the Americas. Historically, the name has been borne by numerous significant figures, including religious leaders, saints, and monarchs, which has contributed to its enduring popularity. Variations of the name include the French Jean, the Spanish Juan, the Italian Giovanni, and the German Johannes, each reflecting the linguistic and cultural adaptations of the name. The name John has also been associated with qualities such as leadership and piety, often linked to the many biblical figures named John, including John the Baptist and the Apostle John. Its widespread use and variations highlight its deep-rooted significance in both religious and secular contexts throughout history. Kalles | Last name meaning Search in 33.7 billion historical records First and middle name(s) Last name 01/03/2025, 10:09 John Kalles Family History & Historical Records - MyHeritage 13/17 The last name Kalles has its origins in various regions, particularly in Eastern Europe, with roots that can be traced back to the Germanic and Slavic languages. The name is believed to derive from the word \"kalle,\" which means \"man\" or \"fellow\" in some dialects, suggesting a meaning related to masculinity or strength. Historically, those who bore the name may have been associated with roles that emphasized these characteristics, possibly as leaders or warriors in their communities. Variations of the surname can be found in different countries, including Kall, Kallus, and Kallies, each reflecting regional linguistic influences and adaptations. In some cultures, the name may also be linked to specific occupations or social standings, further enriching its historical significance. Overall, Kalles represents a blend of cultural heritage and personal identity, with its variations highlighting the diverse ways in which names evolve across different languages and societies. Explore the Kalles last name >> Possible relatives of John Kalles Anna Johansson Muriel Tompkins Zetta Kalles James Kalles Theodora Bowers Frederick Bowers Theodora Kalles Laura Filkins Elmer Kalles Michael Kalles Fredrick Bowers Explore more people Jacob Kalles James Kalles Jane Kalles Jeff Kalles Jenny Kalles Jim Kalles Joannes Kalles Search in 33.7 billion historical records First and middle name(s) Last name 01/03/2025, 10:09 John Kalles Family History & Historical Records - MyHeritage 14/17 Joe Kalles Johan Kalles Johann Kalles Josef Kalles Joseph Kalles Josephine Kalles Joshua Kalles Judith Kalles Julia Kalles Julie Kalles Karen Kalles Kenneth Kalles Larry Kalles Sign up to start your family tree for free Discover more about John Kalles and start your research by building a family tree. It's quick, easy, and free! Add your basic information to get started. 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Search in 33.7 billion historical records First and middle name(s) Last name 01/03/2025, 10:09 John Kalles Family History & Historical Records - MyHeritage 17/17"} |
7,789 | Paul Visich | University of New England | [
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] | {"7789_101.pdf": "United States Court of Appeals For the First Circuit No. 17-1792 CARLSON, Plaintiff, Appellant, v ENGLAND, Defendant, Appellee [Hon. Jon D. Levy, U.S. District Judge] Before Torruella, Lynch, and Barron, Circuit Judges. Alexis Garmey Chardon, with whom Christopher A. Harmon, David Kreisler, and Terry Garmey & Associates were on brief, for appellant. Peter F. Herzog, with whom Patricia A. Peard, Amber R. Attalla, and Bernstein Shur were on brief, for appellee. August 10, 2018 - 2 - LYNCH, Circuit Judge. The district court entered summary judgment against Dr. Lara Carlson, a faculty member, on her claim of retaliation under Title and the Maine Human Rights Act (MHRA) against her employer, the University of New England (UNE). Carlson alleges that, after she complained to about sexual harassment by her department chair and supervisor, Dr. Paul Visich, the school retaliated against her in various ways. These alleged retaliatory acts include transferring her to a new department after obtaining her consent to transfer based on material misrepresentations. She alleges that this transfer reduced her teaching and career opportunities. Carlson has demonstrated that there are genuine disputes of material fact as to whether misled Carlson into transferring departments. There is also a genuine dispute of fact as to whether Carlson's transfer was the true reason for her change in course assignments. We reverse the district court's entry of judgment and remand for further proceedings. I. Background A. Facts \"We recite the relevant facts in the light most favorable to [Carlson].\" Collazo v. Nicholson, 535 F.3d 41, 43 (1st Cir. 2008). Carlson joined as a tenure-track assistant professor - 3 - in the Exercise and Sport Performance (ESP) Department in 2009.1 She was hired to teach \"courses that support the Applied Exercise Science and Athletic Training curricula, such as exercise physiology, applied exercise nutrition, and other courses as determined by the Chair.\" Starting in 2009, Carlson began teaching Exercise Physiology. In 2012, Carlson developed and began teaching a course called Environmental Physiology. She taught Exercise Physiology and Environmental Physiology until 2015. In the fall of 2011, Dr. Paul Visich joined as the Chair of the department, making him Carlson's direct supervisor and the chair of her tenure committee. Throughout that same fall, Visich touched Carlson on her knee, thigh, and hand during one-on-one office conversations. Visich would stare at Carlson's chest during these conversations. During this same period, Visich also made inappropriate, sexually charged comments to Carlson via email and in person. We need not go into further detail about the 1 During her time at UNE, Carlson states that she has received a great deal of recognition for excellence in her field. She has been nominated for UNE's Westbrook College of Health Professions' Distinguished Teaching award. She has received UNE's Excellence in Academic Advising Award. She has won many grants to fund her research. She has served on several national associations and committees in the field of exercise physiology. One of these committees is the New England Chapter of the American College of Sports and Medicine (NEACSM). Carlson was nominated and elected to serve two terms as the President of NEACSM. Under Carlson's mentorship, her students have received the Undergraduate Research Experience Grant on multiple occasions. Students under her mentorship have twice received UNE's Outstanding Research/Scholar Award. - 4 - comments admitted to Carlson that the messages were sexual harassment. We take that as a given. Carlson was afraid to report Visich's behavior because he was her supervisor. As Carlson's supervisor, Visich was responsible for evaluating her performance for tenure and merit raise purposes. Carlson eventually complained to Timothy Ford, Dean of UNE's Westbrook College of Health Professions (WCHP), about Visich's behavior in the fall of 2012. Dean Ford told her to meet with Sharen Beaulieu, UNE's Director of Human Resources. Carlson met with Beaulieu on September 28, 2012 and brought hard copies of the inappropriate emails to the meeting. Beaulieu said, during that meeting, that the emails were sexual harassment. After this meeting, Visich had a conversation with Carlson in which he brought up a comment that Carlson had made to Beaulieu. This led Carlson to believe that Visich had been told about her discussion with Beaulieu. Carlson met with Beaulieu and Dean Ford again in October 2012. Beaulieu and Dean Ford agreed that \"Dr. Visich's behavior constituted 'sexual harassment.'\" Beaulieu and Dean Ford nonetheless recommended that Carlson meet with Visich. Carlson declined. Beaulieu reiterated this recommendation in a November 7, 2012 meeting. Carlson did not want to meet with Visich but she \"was not given an alternative.\" Carlson, as she had been instructed, met with Visich, with Beaulieu present, on November 20, 2012. At that meeting, - 5 - Beaulieu said the meeting was Visich's idea. Beaulieu then said that \"Paul and can address [Visich's emails] but we need to figure out that even when address that, he is your chair so we've got to figure out a way to make this work.\" This led Carlson to believe that Visich would remain her supervisor \"no matter what.\" Beaulieu recommended that Carlson meet with Visich more and instructed her to \"be open\" and \"give [Visich] a chance.\" After the meeting, Visich both remained Carlson's direct supervisor and the chair of her tenure committee. Visich wrote a negative performance evaluation of Carlson in early June. Carlson first received a copy of the evaluation by interoffice mail on June 18, 2013. Carlson wrote a rebuttal and submitted it the next day. When Carlson confirmed the receipt of her rebuttal with the Dean's assistant, she learned that Visich had submitted his evaluation of her on June 19, 2013 (the day after she first received it) \"along with a cover letter that [Carlson] had never seen, claiming [inaccurately] that [she] had failed to sign and return [her] evaluation\" to Visich. The Physical Therapy Reappointment Promotion and Tenure Committee, after reviewing Visich's evaluation and Carlson's rebuttal, determined that Carlson's performance \"far exceed[ed]\" the evaluation that Visich provided. Carlson requested that remove Visich as the chair overseeing Carlson's application for - 6 - tenure agreed. Visich, however, remained her direct supervisor. On September 5, 2013, before any decision on Carlson's tenure was made, Visich walked up behind Carlson while she was speaking with a student in a university parking lot and \"rubbed [her] shoulder and upper back in an unwelcomed manner.\" Carlson reported the incident to Beaulieu, who investigated the incident. Beaulieu reviewed the statement of the student who witnessed the interaction, in which the student described Visich's behavior as \"[c]reepy\" and said that he \"found it weird that [Visich] was so touchy with [Carlson].\" The student stated that \"Prof. Visich has a reputation among students of being creepy around women.\" Beaulieu also reviewed the statement of one of Visich's subordinates, who was present for the incident and who asserted was not listening at the time nor was paying close attention to [Visich and Carlson do not recall Paul touching Lara at any point during this interaction.\" Beaulieu concluded that no sexual harassment had occurred. Dean Ford left in 2013. In July of 2013, Elizabeth Francis-Connolly replaced Dean Ford as Dean of WCHP, making her Visich's supervisor. She said later that she was not told about Carlson's prior complaints about Visich's behavior. Nor was she told that some of Visich's prior complained-of behavior had been deemed sexual harassment by UNE. - 7 - In October 2013, Visich caused Carlson to be removed as the head of UNE's College Bowl team.2 Carlson had founded the team in 2009 and successfully led it up to that point. Visich stated that Carlson was removed because the department wanted to change the student selection process, but he did not change the selection process after removing Carlson. Later in the fall of 2013, Visich made the procedure for allowing non-ESP-major students to apply to Carlson's Environmental Physiology course more strict. This led to four out of the five non-ESP-major applicants (who needed a waiver of the prerequisite requirement) being denied enrollment in the course. In January 2014, Carlson met with Beaulieu and Dean Francis-Connolly to request that she no longer have to report to Visich. She requested a surrogate supervisor. Dean Francis-Connolly refused, saying, \"I've seen that before and it doesn't work.\" Dean Francis-Connolly stated that Carlson \"would have to be removed from the department\" if she wanted a new supervisor. Carlson did not want to leave the department, but she considered it because of Dean Francis-Connolly's statement that it was the only way to avoid working under Visich, who continued to harass her. 2 Carlson describes College Bowl as \"a jeopardy-like competition in the field of exercise science and sports medicine in which teams from schools in [UNE's conference] compete against one-another.\" - 8 - During this meeting, Carlson told Dean Francis-Connolly that she would agree to a transfer, but she did so only on the condition, expressed to the Dean, that she \"get to keep [her] classes and continue to do [her] job.\" Carlson emailed Dean Francis-Connolly on February 18 saying that she appreciated Dean Francis-Connolly's \"consideration of moving [her] to another Department\" and that a transfer \"could resolve the situation\" for her if it \"can be accomplished along the lines [they] discussed.\" On March 11, 2014, Dean Francis-Connolly emailed Carlson to tell her that she was looking into transferring Carlson to the College of Arts and Sciences. She also said that, in the meantime, Carlson would be reporting to her. This was an about face from her earlier statement to Carlson that Carlson could not be moved from under Visich's supervision. Later that spring, Visich removed the dedicated laboratory time allocated for Carlson's Exercise Physiology class. Visich explained that move by saying that, after he spoke with the department directors, they had determined that \"almost all of the current lab topics\" covered in Carlson's lab \"are being taught in other classes or could easily be added to an existing course.\" He also said that this practice would \"result in fairly good savings to the college.\" Carlson was not notified of this proposed change until after Visich had discussed it with Dean Francis-Connolly, who expressed support for Visich's decision. In fall 2014, - 9 - Visich's subordinate asked Carlson to perform different labs than the ones she was conducting. Left with only classroom instruction and \"without the equipment necessary,\" Carlson was unable to conduct the requested labs. Carlson had been awarded tenure by her tenure committee in March 2014. For the academic year 2014-2015, Carlson continued to teach Exercise Physiology, although her lab time had been removed. Visich had recommended that Dean Francis-Connolly assign someone else to teach that course. Dean Francis-Connolly stated she rejected this recommendation because \"it was still a transition period.\" In spring of 2015, Dean Francis-Connolly removed Carlson from teaching upper level Exercise Physiology and Environmental Physiology courses in the Department for the 2015-2016 academic year. In doing so, she adopted Visich's recommendation. Carlson was not told about this change. Rather, she found out about this change when she read the published course catalog, which listed the instructor for Exercise Physiology and Environmental Physiology as \"TBD.\" Dean Francis-Connolly instructed Carlson instead to teach two courses that Carlson felt were \"remedial\" general education courses.3 Dean Francis-Connolly told Carlson that there 3 Dean Francis-Connolly asked Carlson to teach Research Methods 420) and Methods of Scholarly Inquiry 210) during - 10 - were two reasons for her decision: (1) \"faculty are expected to teach [a broad set of courses]\" and (2) Francis-Connolly felt she needed \"to create distance\" between Visich and Carlson. When Carlson replied that she did not understand why this meant she could not continue to teach Exercise Physiology and Environmental Physiology in the Department, Francis-Connolly stated that Carlson was \"not full-time in the department.\" Later that year, Carlson requested that Dean Francis- Connolly cross-list Environmental Physiology in the Biology Department so that Carlson could teach it. Dean Francis-Connolly initially accepted the proposal, but Visich convinced her to change her mind and reject it.4 Visich taught Environmental Physiology in Carlson's stead. In 2015 hired a new visiting professor, who was tasked with teaching Exercise Physiology. In July 2014, Carlson was removed from her position as an advisor to students in the department. Visich also had Carlson's profile removed from the department's website. this meeting. Research Methods was in the Department. Methods of Scholarly Inquiry appears to have been in a different department, but the record does not say which. Carlson taught two sections of Methods of Scholarly Inquiry in 2015-2016. The materials for that course, including the syllabus, examinations, homework, and PowerPoint slides, were pre-written. 4 Visich stated he was not notified ahead of time and that his \"only\" concern was that Carlson \"wanted to change the prerequisites\" so that freshmen and sophomores could take the course, which Visich felt was inappropriate because \"environmental physiology is an upper level course.\" - 11 - External funders had found Carlson through the course website before her removal. She was not contacted by external funders after her profile was removed from the Department website provides merit raises to faculty based on their yearly evaluations, and Carlson received a 2% raise for academic year 2016, which is the smallest raise she has received as a percentage of her salary while at UNE. Carlson became a member of UNE's Department of Physical Therapy in July 2016. Carlson's lack of expertise in Physical Therapy prevents her from \"teaching any courses in physical therapy.\" The Physical Therapy Department handbook requires that a faculty member must be a licensed physical therapist in order to participate in certain department decisions. As a result, Carlson cannot \"participate in many department changes . . . including curriculum changes.\" Carlson filed a complaint of retaliation with the Maine Human Rights Commission (MHRC) and the Equal Opportunity Commission (EEOC) on or about November 4, 2014. Carlson filed this lawsuit in state court on January 4, 2016 alleging retaliation in violation of the and Title VII, and removed the case to federal court on February 16, 2016. B. District Court Proceedings On summary judgment, the district court found that three of the alleged adverse actions were time-barred because they had - 12 - occurred more than 300 days before her and complaints: (1) Visich's negative performance evaluation of Carlson for the 2012-2013 year, (2) Carlson's removal as head of the College Bowl team, and (3) the curriculum committee's refusal to grant prerequisite exemptions to certain students who wished to take Carlson's Environmental Physiology course. The district court then held that, since Carlson stated that her transfer out of the Department was voluntary, the transfer could not qualify as an adverse action to support a retaliation claim. The district court also found that, although Carlson's change in course assignments, removal from the website, and removal as an advisor to Department students could be adverse actions, each was caused by her voluntary transfer out of the Department and could not have been caused by her protected behavior. The district court also found that, even if Carlson had shown a causal connection had met its burden of providing a non-retaliatory reason for these actions by arguing that they were attributable to Carlson's voluntary transfer to a new department. II. Discussion A. Standard of Review This court reviews grants of summary judgment de novo. Town of Westport v. Monsanto Co., 877 F.3d 58, 64 (1st Cir. 2017). Summary judgment is appropriate when \"the movant shows that there is no genuine dispute as to any material fact and the movant is - 13 - entitled to judgment as a matter of law.\" Fed. R. Civ. P. 56(a). The court must view the facts in the light most favorable to the non-moving party and draw all reasonable inferences in her favor. See Billings v. Town of Grafton, 515 F.3d 39, 41 (1st Cir. 2008). The credibility of Carlson's testimony is not to be evaluated at the summary judgment stage. See Town of Westport, 877 F.3d at 66 (quoting Pina v. Children's Place, 740 F.3d 785, 802 (1st Cir. 2014)). B. Legal Framework Title prohibits employers from retaliating against employees who report violations of that title. 42 U.S.C. \u00a7 2000e-3(a). The parties agree that the same standard should apply to Carlson's Title and retaliation claims. See Osher v. Univ. of Me. Sys., 703 F. Supp.2d 51, 64 n.12 (D. Me. 2010); see also Carnicella v. Mercy Hosp., 168 A.3d 768, 774 (Me.), cert. denied, 138 S. Ct. 1170 (2018) (\"Because the generally tracks federal anti-discrimination statutes, it is appropriate to look to federal precedent for guidance in interpreting the MHRA.\"). An employer's retaliatory act must amount to an adverse action in order to give rise to a retaliation claim. See Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 57 (2006). An adverse action is one that \"well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.\" Id. at 68. (internal quotation marks omitted) - 14 - (quoting Rochon v. Gonzales, 438 F.3d 1211, 1219 (D.C. Cir. 2006)). This objective standard requires that the retaliation suffered is more serious than \"petty slights or minor annoyances.\" Id. Where, as here, a plaintiff attempts to prove a retaliation claim based on circumstantial evidence, courts apply the burden-shifting scheme established in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). See Che v. Mass. Bay Transp. Auth., 342 F.3d 31, 38 (1st Cir. 2003). First, the plaintiff must make a prima facie showing. This means an employee \"must show: (1) she engaged in protected conduct; (2) she suffered an adverse employment action; and (3) that a 'causal nexus exists between the protected [conduct] and the adverse action.'\" Garayalde-Rijos v. Municipality of Carolina, 747 F.3d 15, 24 (1st Cir. 2014) (alteration in original) (quoting Ponte v. Steelcase Inc., 741 F.3d 310, 321 (1st Cir. 2014)). The parties agree that Carlson engaged in protected activity by reporting Visich's alleged harassment to UNE. If the plaintiff makes a prima facie showing of retaliation, the burden shifts to the defendant to \"articulate a legitimate, non-discriminatory reason for the challenged actions.\" Billings, 515 F.3d at 55. \"If the employer's evidence creates a genuine issue of fact, the presumption of discrimination drops from the case, and the plaintiff retains the ultimate burden of showing that the employer's stated reason for [the challenged - 15 - actions] was in fact a pretext for retaliating . . . .\" Id. (alteration in original) (quoting Colburn v. Parker Hannifin/Nichols Portland Div., 429 F.3d 325, 336 (1st Cir. 2005)). C. Transfer \"[A] transfer is adverse if it materially changes the plaintiff's conditions of employment in a manner that is 'more disruptive than a mere inconvenience or an alteration of job responsibilities.'\" Caraballo-Caraballo v. Corr. Admin., 892 F.3d 53, 61 (1st Cir. 2018) (quoting Burns v. Johnson, 829 F.3d 1, 10 (1st Cir. 2016)). As the district court acknowledged, Carlson's transfer to a new department led to a change in her teaching assignments, her removal from the Department website, and her removal as an advisor to Department students jury could find that the \"disparity in duties\" between her role while a member of the Department and her role after her transfer \"makes the transfer an adverse employment action.\" Id. The district court held that the transfer was voluntary and so, in its view, the transfer could not be an adverse action. That reasoning overlooked one of the theories Carlson put forward at the summary judgment stage. Carlson argues that Dean Francis- Connolly led her to transfer out of the Department by making misrepresentations about how the transfer would affect her - 16 - professional responsibilities.5 Specifically, Carlson alleges that Dean Francis-Connolly promised that, if Carlson were to transfer to a new department, she could continue teaching Exercise Physiology and Environmental Physiology. Carlson further alleges that, once she was transferred, Dean Francis-Connolly assigned her to teach different courses, and that those courses were not equivalent but, in fact, were remedial-level courses that carried less responsibility than her previous courses. Carlson stated in her deposition that she told Dean Francis-Connolly that she would transfer departments on the condition that she could \"keep [her] classes and continue to do [her] job.\" Carlson then followed up with Dean Francis-Connolly in an email, a copy of which is in the record, saying that she would be willing to transfer \"if [the transfer] can be accomplished along the lines we discussed.\" (emphasis added). After Carlson left the Department, Dean Francis-Connolly in fact assigned Carlson to teach different courses, and lower level ones at that jury could find that Dean Francis-Connolly induced the plaintiff's consent to the transfer through false premises and that these courses required a 5 argues that Carlson waived this argument by failing to raise it below. See Saunders v. Town of Hull, 874 F.3d 324, 331 (1st Cir. 2017) (citing McCoy v. Mass. Inst. of Tech., 950 F.2d 13, 22 (1st 2017)). We find that it was properly preserved in both her statement of facts in dispute and her brief. - 17 - lower skill level than those Carlson previously taught jury could find that Carlson would not have accepted the transfer but for Dean Francis-Connolly's misrepresentations jury could also reasonably infer that Dean Francis-Connolly did so in retaliation against Carlson reasonable jury could also find that these events would not have occurred \"but for\" Carlson's activity in reporting Visich's sexual harassment of her. Univ. of Texas Sw. Med. Ctr. v. Nassar, 570 U.S. 338, 346 (2013). Because the record supports these inferences, Carlson has made a prima facie case sufficient to survive summary judgment. Dean Francis-Connolly's shifting justifications for the change in Carlson's teaching responsibilities support our decision. Dean Francis-Connolly alternately told Carlson that the change was a natural result of Carlson transferring to a new department and that she wanted Carlson to teach a wider array of courses has also argued that the change was a result of Visich's view that Carlson was not communicating well with Visich. These explanations are undermined by Carlson's allegation that Dean Francis-Connolly justified her decision by saying that she wanted to create distance between Visich and Carlson.6 jury 6 The district court, in justifying its pretext decision, pointed out that UNE's statement of material facts attributed the teaching-assignment change to the fact that Carlson \"refuses to communicate with\" the directors of the Department. The district court then found that Carlson did not deny this allegation and so could not show that the reason was pretextual. This is a - 18 - could infer from UNE's and Dean Francis-Connolly's changing explanations and from the other evidence in the record that the statements made to Carlson to induce her consent to transfer were not accurate has not put forward a non-retaliatory justification for why Dean Francis-Connolly would have misrepresented Carlson's ability to keep teaching Exercise Physiology and Environmental Physiology. As a result has failed to \"articulate a legitimate, non-discriminatory reason for th[is] challenged action[].\" Billings, 515 F.3d at 55. D. Salary Increases Carlson argues that retaliated against her by giving her salary raises in 2016 and 2017 that were the lowest of her career, as measured as a percentage of her salary. The district court held that Carlson could not show a dispute of fact on this issue because \"the record does not . . . contain any basis for comparing those accomplishments with her accomplishments in the misreading of the record. UNE's statement of material fact said that \"Dr. Visich told Dean Francis-Connolly that [Carlson] 'refuses to communicate with'\" the directors of the department and that, as a result, he no longer had \"control over this course anymore in regard to the content.\" This statement only goes to what Visich told Dean Francis-Connolly. It does not describe Dean Francis-Connolly's reason for following Visich's recommendation or even whether Visich's statement was true. As a result, Carlson's statement of material facts did not amount to a concession that Visich \"had no control over\" Environmental Physiology and Exercise Physiology. - 19 - preceding years,\" which made it impossible \"to compare the 2016 and 2017 raises with her earlier pay raises and assess whether they constituted adverse employment actions.\"7 Carlson argues on appeal that the record contains evidence of her many accomplishments from 2015-2017 and that that is enough to show that there is a dispute of fact on this issue. We find no error in the district court's ruling on this point. Carlson is missing critical factual support for her argument that the size of her raises in 2016 and 2017 were adverse actions. Carlson agrees that the size of a faculty member's annual raise is linked to the amount of funding available for faculty raises in a given year. Carlson did not provide any information about the amount of funding available for 2016 or 2017, making the district court's analysis impossible. Carlson also agrees that a faculty member's annual raise is typically based on her annual performance review. In order to determine whether Carlson's raise should have been larger, the district court would need to decide whether her raise was commensurate with her accomplishments in the prior year. This 7 The district court also asserted that \"[t]he correct unit for comparing pay raises from one year to the next is . . . the dollar amount of the raise, and not the raise as a percentage of the employee's total compensation.\" Carlson argues this was error. We do not reach the issue. - 20 - comparison is impossible without a benchmark. Carlson provided the size of her raises for the prior years she was at UNE, but did not provide sufficient information about her achievements in prior years. Without evidence about her earlier accomplishments, the court cannot draw a comparison to prior years. This makes it impossible to determine whether was retaliating by giving her a smaller raise than she deserved in 2016 and 2017. III. Conclusion The district court's entry of summary judgment is reversed in part. The case is remanded for further proceedings consistent with this opinion. Costs are taxed against the University of New England.", "7789_102.pdf": "University Settles Sexual Harassment Suit With Professor Maine Public | By Associated Press Published November 23, 2018 at 11:00 University of New England professor has reached a settlement with the school over sexual harassment claims. The Morning Sentinel reports an attorney representing Lara Carlson and a university spokesperson confirmed Tuesday that a settlement had been reached. Both sides declined to share the details of the agreement. The 2016 federal suit alleged that Exercise and Sport Performance Department chair Paul Visich made inappropriate comments in 2012. According to Carlson, Visich gave her bad performance evaluations after she reported the harassment. Carlson said she was later transferred out of the department and removed from teaching a class she had developed. The University of New England said in response to the suit that Carlson had \"failed to take advantage of the corrective opportunities provided by UNE.\" Maine Associated Press [Copyright 2024 Maine Public All Things Considered Maine Public Radio See stories by Associated Press All Things Considered Maine Public Radio Bangor Studio/Membership Department 63 Texas Ave. Bangor 04401 Lewiston Studio 1450 Lisbon St. Lewiston 04240 Portland Studio 323 Marginal Way Portland 04101 Registered 501(c)(3) EIN: 22-3171529 \u00a9 2025 Maine Public Mission Contact Maine Public On-Air Staff Leadership Team Careers Sign up to get more content like this delivered to your inbox! First name * Email address * The Ten, Maine Public's weekly newsletter would like to receive email from Maine Public. Submit All Things Considered Maine Public Radio Strategic Plan Board of Trustees Community Advisory Board Jim Dowe Internship Federal Funding Facts Award-Winning Work Get to know Maine Public Privacy Statement Financial Reports Reports Community Representation Statement Hiring Policies Code of Ethics Social Media Guidelines On-air Guidelines Public Files Applications Impact Report Donate Ways to Support Maine Public Newsletter Sign Up Member Benefits: Maine Passport and More! Donate a Vehicle Donor Maine Public Store All Things Considered Maine Public Radio", "7789_103.pdf": "From Casetext: Smarter Legal Research Carlson v. Univ. of New England Jul 12, 2017 2:16-cv-00096 (D. Me. Jul. 12, 2017) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free 2:16-cv-00096 07-12-2017 CARLSON, Plaintiff, v ENGLAND, Defendant Sign In Search all cases and statutes... Opinion Case details Lara Carlson has filed suit against her employer, the University of New England (UNE), alleging that she was subject to unlawful retaliation, in violation of Title of the Civil Rights Act and the Maine Human Rights Act, for having reported acts of sexual harassment by a supervisor No. 1-1 moves for summary judgment on all claims against it No. 35. For the reasons below, UNE's motion is granted. 1 Carlson was hired by as a tenure-track associate professor in the Exercise and Sport Performance (ESP) Department in 2009. She specializes in the field of exercise physiology and has primarily taught exercise science classes, including Exercise Physiology and Environmental Physiology while at UNE. In 2011, Paul Visich became the chair of the Department, and Carlson's direct supervisor. Carlson alleges that Visich began sexually harassing her in the fall of 2011. She *2 reported the alleged harassment to UNE's Human Resources Department in September 2012. In November 2012, Carlson and UNE's Director met with Visich and discussed Carlson's concerns about the alleged harassment. 2 A. Alleged Retaliation Carlson asserts that following the November 2012 meeting, Visich and took a number of retaliatory actions against her. She claims: \u2022 Visich completed a negative annual review of her for the 2012- 2013 academic year. \u2022 Visich led a campaign to remove her as head of the College Bowl team, an extracurricular activity that Carlson brought to UNE. \u2022 The curriculum committee within the Department refused to grant exemptions to course prerequisites for students seeking to take one of her classes, though similar exemptions had been provided in the past. \u2022 She was forced to transfer out of the Department. \u2022 Her course assignments changed so that she no longer taught courses in her specialty of exercise physiology. \u2022 Visich had her biography removed from the Department webpage failed to give her credit in a news release about the research of one of her former students, and also failed to invite her to participate in a sports science initiative, despite her expertise in that field. \u2022 She is no longer advising Exercise Science majors, which interferes with her ability to recruit candidates for research opportunities. \u2022 She was given lower merit-based salary increases as a consequence of her complaints turn to consider each of these allegations in greater depth. *3 3 1. Annual Review The annual review that Visich completed for Carlson for the 2012-2013 academic year stated, in part: [Carlson's] involvement with the department this year has been fairly minimal believe part of [the] reason for this is that she is the only faculty member in the department that is not located in the building.] . . . [T]here have been a couple of occasions we have spoken about professional conduct as it pertains to interactions with students and other faculty members in the department. . . . [She] has done a very acceptable job in the courses she has taught this past year, and is respected by the students. She has also taken the initiative to bring in speakers . . . . [She] has also promoted student research, which is greatly needed within the department. . . . In regards to the department believe this is the No. 31-2 at 52-53. Visich asked UNE's director to review the evaluation before he submitted it to ensure that it in no way impeded Carlson's ability to obtain tenure. Carlson drafted a rebuttal to the evaluation, which Visich forwarded to the department. The committee that reviewed the evaluation and the rebuttal found that Carlson had \"adequately stated her case to have the letter revised,\" and determined that her level of teaching, service, and scholarship \"far exceed[ed] 'very acceptable No. 34 at 52-53. Carlson applied for tenure in late 2013. Her application was supported at every level of review, and she was awarded tenure and promoted to Associate Professor in March 2014. area for the greatest improvement, where hope she will become more involved in promoting program activities. 2. College Bowl Team Carlson was a founding faculty member of UNE's student College Bowl team, which participated in extracurricular trivia contests. She led the team from 2009 to *4 2013. She contends that in October 2013, after some discussion at a department faculty meeting about how the selection process for the team operated, Visich selected another person to run the team contends that Visich merely promoted the idea that another faculty member should help run the team with Carlson, and that Carlson was welcomed to continue to help run the team, but that she chose to stop participating rather than work with the other faculty member. 4 3. Prerequisite Waiver Requests In December 2013, a number of students who wished to take Carlson's Environmental Physiology course, but who lacked the prerequisite coursework, applied for waivers of the prerequisites. The waiver applications were reviewed by a curriculum committee, which consisted of department faculty members, and which granted only one of the waiver requests. Carlson asserts that in the past Visich would typically approve such waiver requests, and that this was the first time the requests had been referred to a curriculum committee. Carlson testified that she believed the requests were denied because Visich wanted to encourage students to take one of his own classes instead of her class. 4. Transfer from Department In September 2013, Elizabeth Francis-Connolly became the new dean of the Westbrook College of Health Professionals, the college within in which the Department is located. In January 2014, Carlson met with Francis- Connolly and UNE's director to request a surrogate supervisor so that she did not have to work as closely with Visich. Though Francis-Connolly considered the idea, she ultimately *5 decided that it was not feasible for Carlson to be supervised by a faculty member outside the department while remaining in the department, because that arrangement would likely create a conflict and usurp the leadership of the Department. Francis- Connolly instead proposed that Carlson be moved out of the department, in order to accommodate her request to be separated from Visich. Carlson accepted this proposal with the understanding that it was the only option that would allow her to continue teaching her courses while no longer being supervised by Visich. She moved out of the Department in February 2014. Francis-Connolly served as Carlson's supervisor for a period, and Carlson was eventually placed in the Physical Therapy Department. 5 5. Teaching Assignments For the 2014-2015 academic year, the year following her move out of the Department, Carlson continued to teach Exercise Physiology, though Visich asked that the course be assigned to another faulty member. In the 2015/2016 academic year, Carlson was not offered the Exercise Physiology or Environmental Physiology courses she had been accustomed to teaching, and instead taught an introductory course. Francis-Connolly explained that the change occurred because Carlson was no longer full-time in the Department, and she was trying to create distance between Carlson and Visich. Visich had also complained that he had no control over the course content when Carlson taught the courses because she was no longer communicating with anyone in the Department. Following a sabbatical during the fall of 2016, Carlson was assigned to teach Environmental Physiology again for *6 the spring semester in 2017, though the course was listed through the Biology Department, rather than the Department. 6 In June 2014 removed a dedicated laboratory period from the Exercise Physiology course that Carlson was teaching. Carlson asserts that this change made it difficult for her to conduct the lab that was part of her course contends that the lab was unnecessary because its topics were already being taught as part of existing courses, and removing the lab allowed the university to avoid hiring adjunct faculty to cover the additional laboratory time. In May 2015, Carlson and Francis-Connolly discussed cross-listing the Environmental Physiology course with the Biology Department. Carlson claims that Visich then had the Associate Dean remove the cross-listed course from the course catalog responds that the Associate Dean removed the course because proper procedures were not followed in cross- listing the course. While Visich agreed with the action, he claims he did not request or instruct that the course be removed. The Environmental Physiology course was eventually listed with the Biology Department for the 2016-2017 academic year. 6. Removal from Department Webpage The Department webpage contains links to the biographies of faculty within the department. In July 2015, Visich sent an email to UNE's web editor requesting that Carlson's biography be removed from the webpage because she no longer worked in the Department. Carlson asserts that outside research and funding partners previously found her information through the webpage, and *7 that she has not been contacted by any funding partners since her biography was removed from the page. Carlson's biography remains accessible through the website, the Westbrook College of Health Professionals webpage, and the Physical Therapy Department webpage. 7 7. News Release and Institute for Sports Science and Human Performance In October 2016 issued a news release touting the research accomplishments of one of its students. Although Carlson acted as an advisor for the student during the research and was a co-author of the student's paper, she was not mentioned in the article. Carlson asserts that she was thus denied due credit for her role in the research responds that the article did not identify any faculty member who assisted with the student's research, and only mentioned faculty members who supported students at the conference that was the subject of the article. In 2017 created the Institute for Sports Science and Human Performance, an initiative to investigate issues in those fields. Carlson was not invited to participate in the initiative, though she had published more articles in these fields than any other faculty member at the Westbrook College of Health Professionals. 8. Removal of Advisees Following her transfer out of the Department, Carlson no longer acted as an advisor for students majoring in Exercise Science. She asserts that no longer acting as an advisor negatively impacts her ability to recruit research assistants, as well as her ability to recruit students for her classes. *8 8 9. Merit-Based Pay Raises Each year, every employee of the Westbrook College of Health Professionals is considered for a merit-based salary increase. Part of the annual budget approved by the University's Board of Trustees is allocated to each college for providing these pay raises. Francis-Connolly is notified each year of the total dollar amount available for pay raises, as well as the maximum individual percentage she is allowed to award. During Francis-Connolly's tenure, the highest maximum percentage increase she has been permitted to award is 4%. Francis-Connolly determines pay raises for individual employees based in part on feedback from the employees' supervisors. Pay raises are primarily tied to an employee's performance, but other factors, such as the appropriateness of the employee's current base salary, may be considered. On numerous occasions, Francis-Connolly has elected not to give a pay raise to certain employees. Carlson received the following pay raises in the years since 2012: 2012 - 2.6%; 2013 - 3.75%; 2014 - 2.5%; 2015 - 8.2% (7% of which was attributable to her promotion and award of tenure); 2016 - 2%; 2017 - 2.2%. Carlson asserts that she received the lowest pay raises of her career in 2016 and 2017 despite the fact that her research and service had substantially increased. She also asserts that her current position within the Physical Therapy Department hampers her ability to earn higher pay raises because she has fewer teaching opportunities. *9 9 A. Federal Rule of Civil Procedure 56 Summary judgment is appropriate \"if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.\" Fed. R. Civ. P. 56(a); Ahmed v. Johnson, 752 F.3d 490, 495 (1st Cir. 2014 dispute is genuine if 'the evidence about the fact is such that a reasonable jury could resolve the point in favor of the non- moving party.'\" Johnson v. Univ. of P.R., 714 F.3d 48, 52 (1st Cir. 2013) (quoting Thompson v. Coca-Cola Co., 522 F.3d 168, 175 (1st Cir. 2008 fact is material if it has potential to determine the outcome of the litigation.\" Id. (citing Maymi v. P.R. Ports Auth., 515 F.3d 20, 25 (1st Cir. 2008)). In determining whether a party moving for summary judgment has met its burden, the court must view the record in the light most favorable to the nonmoving party and give that party the benefit of all reasonable inferences in its favor. Brooks v SunAmerica Life Assur. Co., 480 F.3d 579, 586 (1st Cir. 2007). Once the moving party has made a preliminary showing that no genuine issue of material fact exists, the nonmovant must \"produce specific facts, in suitable evidentiary form, to establish the presence of a trialworthy issue.\" Id. (citing Clifford v. Barnhart, 449 F.3d 276, 280 (1st Cir. 2006)) (internal quotation marks and emphasis omitted); Fed. R. Civ. P. 56(c). \"[A]s to any essential factual element of its claim on which the nonmovant would bear the burden of proof at trial, its failure to come forward with sufficient evidence to generate a trialworthy issue warrants summary judgment to *10 the moving party.\" In re Spigel, 260 F.3d 27, 31 (1st Cir. 2001) (internal quotation and citation omitted). 10 B. Local Rule 56 Local Rule 56 defines the evidence that this court may consider in deciding whether genuine issues of material fact exist for purposes of summary judgment. First, the moving party must file a statement of material facts that it claims are not in dispute, with each fact presented in a numbered paragraph and supported by a specific citation to the record. See Loc. R. 56(b). Second, the non-moving party must submit its own short and concise statement of material facts in which it admits, denies, or qualifies the facts alleged by the moving party, making sure to reference each numbered paragraph of the moving party's statement and to support each denial or qualification with a specific citation to the record. Loc. R. 56(c). The non- moving party may also include its own additional statement of facts that it contends are not in dispute. Id. These additional facts must also be presented in a numbered paragraph and be supported by a specific citation to the record. Id. Third, the moving party must then submit a reply statement of material facts in which it admits, denies, or qualifies the non-moving party's additional facts, if any. Loc. R. 56(d). The reply statement must reference each numbered paragraph of the non-moving party's statement of additional facts and each denial or qualification must be supported by a specific citation to the record. Id. The court may disregard any statement of fact that is not supported by a specific citation to the record, Loc. R. 56(f), and the court has \"no independent duty *11 to search or consider any part of the record not specifically referenced in the parties' separate statement of facts.\" Id.; see also, e.g., Packgen v Exploration, Inc., 754 F.3d 61, 70 (1st Cir. 2014); Fed. R. Civ. P. 56(e)(2). Properly supported facts that are contained in a statement of material or additional fact are deemed admitted unless properly controverted. Loc. R. 56(f). 11 To establish a prima facie case for retaliation under Title VII, 42 U.S.C. \u00a7 2000e-3, or the Maine Human Rights Act, 5 M.R.S. \u00a7 4633, Carlson must demonstrate that: (1) she engaged in protected activity; (2) she suffered an adverse employment action; and (3) the adverse employment action was causally connected to the protected activity. See Ray v. Ropes & Gray LLP, 799 F.3d 99, 107 (1st Cir. 2015). Establishing a prima facie case of retaliation is a 1 \"relatively light burden.\" DeCaire v. Mukasey, 530 F.3d 1, 19 (1st Cir. 2008). If Carlson establishes her prima facie case, the claim is then analyzed under the McDonnell Douglas burden-shifting framework. See Mariani-Col\u00f3n v. Dep't of Homeland Sec., 511 F.3d 216, 223 (1st Cir. 2007). Under that framework, the burden shifts to to produce a legitimate, non-retaliatory justification for the adverse employment action. See id. at 224. If does so, the burden shifts back to Carlson, who must show that the proffered justification is in fact pretextual. See id. 1 Claims under Title and the Maine Human Rights Act are analyzed under the same standard. See Osher v. Univ. of Me. Sys., 703 F. Supp. 2d 51, 64 n.12 (D. Me. 2010). For purposes of its motion does not dispute that Carlson engaged in activity protected under Title and the Maine Human Rights Act when she *12 complained about the alleged sexual harassment. Whether Carlson can establish a prima facie case therefore turns on whether she can show that she was subjected to an adverse employment action, and that the action was causally connected to her sexual harassment complaints. An adverse employment action is one that would dissuade a reasonable worker from making or supporting a charge of discrimination. Morales-Vallellanes v. Potter, 605 F.3d 27, 36 (1st Cir. 2010) (quoting Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 68 (2006)). To satisfy the causation element, Carlson must show that her harassment complaints were a but-for cause of the alleged adverse action. See Univ. of Tex. Sw. Med. Ctr. v. Nassar, 133 S. Ct. 2517, 2534 (2013). 12 2 2 The Maine Law Court uses the \"substantial factor\" test to analyze causation under the Maine Human Rights Act, but this test is functionally equivalent to the but-for cause test used under Title VII. See Caruso v. Jackson Lab., 2014 101, \u00b6 17, 98 A.3d 221. A. Alleged Adverse Actions argues that any alleged adverse employment actions that took place before January 8, 2014 are time-barred and cannot form the basis of Carlson's retaliation claim. Carlson filed her retaliation complaint with the Maine Human Rights Commission and the Equal Employment Opportunity Commission (EEOC) on or about November 4, 2014. See No. 41 at 48, \u00b6 150 plaintiff must file a complaint with the Maine Human Rights Commission and the within 300 days of the alleged discriminatory conduct. 5 M.R.S.A. \u00a7 4611 (2017); 42 U.S.C.A. \u00a7 2000e-5(e)(1) (2017). \"Each discrete discriminatory act starts a new clock for filing charges alleging that act.\" Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 113 (2002 *13 negative performance evaluation, transfer to another office, failure to assign work, and a change of supervisor are examples of discrete discriminatory acts. See Ayala v. Shinseki, 780 F.3d 52, 57 (1st Cir. 2015). Any discrete acts that occur before the 300-day window are time-barred and are not actionable. See id. at 58; see also Morgan, 536 U.S. at 113. Acts occurring outside the 300-day window may, however, be used as background evidence in support of a timely claim. Morgan, 536 U.S. at 113. 13 The performance evaluation Carlson received for the 2012-2013 academic year, her removal as head of the College Bowl team, and the curriculum committee's refusal to grant prerequisite exemptions for students who wished to take Carlson's Environmental Physiology class are discrete acts that took place before January 8, 2014, and are therefore outside the 300-day window that preceded the filing of her and Maine Human Rights Commission complaints. These acts are therefore not actionable as bases for her retaliation claim. 1. Transfer from the Exercise and Sport Performance Department Carlson claims that her transfer from the Exercise and Sport Performance (ESP) Department was an adverse employment action that took in retaliation for her complaints of sexual harassment against Visich. She contends that her removal from the Department prevents her from working in the area of her expertise, and separates her from students who might otherwise serve as her research assistants. *14 14 An employee's disadvantageous transfer or assignment may constitute an adverse employment action even if it does not result in a diminution of the employee's salary or a loss of benefits. See Marrero v. Goya of P.R., Inc., 304 F.3d 7, 24 (1st Cir. 2002 significant change in responsibilities or professional opportunities can render even a purely lateral transfer adverse for purposes of the retaliation analysis. See id.; see also Rodriguez v. Bd. of Educ., 620 F.2d 362, 366 (2d Cir. 1980) (holding transfer of art teacher from middle to elementary school adverse due to change in responsibility, despite same salary and benefits); Collins v. Illinois, 830 F.2d 692, 704 (7th Cir. 1987) (holding transfer of librarian adverse due to lost opportunities and benefits such as listing in professional publications, printed business cards, and access to telephone). Here, however, the record evidence is undisputed that Carlson participated in the decision for her to transfer out of the Department, and that the transfer was voluntary. In response to Carlson's concerns about Visich, Francis-Connolly gave Carlson the choice to either remain in the Department with Visich as her supervisor, or to transfer to another department. It is undisputed that Carlson \"accepted the proposal to remove her from the department because it was the only proposal\" that allowed her to avoid working under Visich No. 43 at 25-26, \u00b6 82. Carlson argues, in effect, that her decision was not voluntary because she was forced to choose between two unacceptable alternatives: remaining under Visich's supervision or transferring out of her department. But the fact that the choice given to Carlson was a difficult one, and possibly ill-advised in light of the harassing conduct she alleged *15 Visich committed, does not render the transfer retaliatory. To the extent that Carlson contends that UNE's response to her complaints about Visich was inadequate or inappropriate, she presents grounds for a claim for sexual harassment, not retaliation. The claims contained in her Complaint, however, are for retaliation am therefore constrained to review the record against the standards that govern retaliation claims. 15 If had maintained the status quo by keeping Carlson in the Department with Visich as her supervisor, it would not be liable for retaliation because doing nothing is not a retaliatory act. Cf. Burlington N., 548 U.S. at 57, 59 (holding that anti-retaliation provision prohibits discriminatory \"actions\" that injure protected individuals). It follows that giving Carlson the choice to either maintain the status quo, or to make a change if she wished, was not retaliatory. No reasonable employee would be dissuaded from making a charge of discrimination under these circumstances. Francis-Connolly's decision not to provide Carlson her preferred solution of remaining in the Department but working under a different supervisor was also not retaliatory refusal to grant a change requested by an employee is not an adverse employment action unless the employee has a right to the requested change by law or through the terms and conditions of his employment.\" Barrett v. Lucent Tech., Inc., 36 Fed. Appx. 835, 842 (6th Cir. 2002). Carlson does not contend that she had a right to the appointment of a new supervisor under either the law in general, or her employment contract in particular. *16 16 Carlson has therefore failed to establish that her transfer out of the Department constituted an adverse employment action for purposes of establishing a prima facie case of retaliation. 2. Course Assignments Carlson argues that several of UNE's actions regarding the courses she has been assigned to teach since she made her harassment complaints constitute retaliation. These actions include removing her from teaching Exercise Physiology and Environmental Physiology for the 2015-2016 academic year and instead assigning her to teach an introductory class, as well as terminating her dedicated lab and failing to cross-list the Environmental Physiology course with the Biology Department responds that changes in Carlson's course assignments cannot constitute adverse employment actions because she was not entitled to teach specific courses, and Francis- Connolly had the discretion to change her teaching assignments based on the University's needs, pursuant to Carlson's employment contract contends that the mere alteration of Carlson's job duties, as manifested in the courses she was assigned to teach, does not rise to the level of an adverse employment action change in an employee's job duties, even if the new duties are within the employee's job description, can dissuade a reasonable worker from filing a discrimination complaint. As explained by the Supreme Court in Burlington N.: Almost every job category involves some responsibilities and duties that are less desirable than others. Common sense suggests that *17 548 U.S. at 70-71. Accordingly, the changes in Carlson's teaching assignments may constitute an adverse employment action. Carlson has satisfied the adverse action element of her prima facie case with respect to the changes made in her course assignments. one good way to discourage an employee . . . from bringing discrimination charges would be to insist that she spend more time performing the arduous duties and less time performing those that are easier or more agreeable. 17 3. Removal from Department Webpage Carlson argues that the removal of her biography from the Department webpage constitutes an adverse employment action because it is now more difficult for outside funding partners to find her and contact her with research opportunities. Although Carlson's primary academic focus is in exercise physiology, her biography is no longer linked to the webpage of the department within that is most closely identified with that topic reasonable jury could infer from this evidence that the removal of Carlson's biography limited her professional opportunities, and therefore constituted an adverse action. Cf. Collins, 830 F.3d at 704 (refusal to provide librarian with business cards constitutes adverse action). 4. Removal of Advisees After Carlson was transferred out of the Department, UNE's administration informed her advisees that she would no longer be advising Exercise Science majors. Carlson complains that this change, which was not explained to her students, painted her in a negative light. She also contends that her ability to recruit research assistants and students for her classes is compromised by the fact that she no longer acts as an advisor for Exercise Science majors. *18 18 Like the removal from the webpage, discussed above, the removal of Carlson's advisees could constitute an adverse action due to the potential negative effects on her professional opportunities. Cf. Collins, 830 F.3d at 704. The record on this point, viewed in the light most favorable to Carlson, is sufficient to satisfy her burden with respect to the adverse action element of her prima facie case. 5. Merit-Based Pay Raises Carlson asserts that she was given the two lowest pay raises of her career in 2016 and 2017 in retaliation for her harassment complaints. She asserts that the degree to which she has satisfied the criteria used to evaluate pay raises has substantially increased over time, but that this success has not been properly reflected in her pay raises. Carlson cites a number of her accomplishments since 2015 to support her assertion that she deserved higher pay raises than the raises she received in 2016 and 2017. The record does not, however, contain any basis for comparing those accomplishments with her accomplishments in the preceding years. Without this information, it is not possible to compare the 2016 and 2017 raises with her earlier pay raises and assess whether they constituted adverse employment actions. 3 3 The record does not support Carlson's assertion that her raises in 2016 and 2017 were the lowest of her career. The raises given to employees each year are limited by the specific dollar amount allocated for that purpose by the University's Board of Trustees. The correct unit for comparing pay raises from one year to the next is therefore the dollar amount of the raise, and not the raise as a percentage of the employee's total compensation. Measured in actual dollars, Carlson's 2.2% raise in 2017 was larger than her 2.6% raise in 2012, and nearly identical to her 2.5% raise in 2014. -------- Further, Carlson agrees that an employee's pay raises also depend on the overall funding available to the University in a given year, as well as the *19 appropriateness of an employee's existing base salary. There are no facts in the summary judgment record indicating how Carlson's pay raises compared to the overall amount of funding available for pay raises each year, or to pay raises received by similarly-situated faculty members. Without that information, it cannot be determined whether the fluctuations in Carlson's pay raises were in fact retaliatory, or were simply a product of the different levels of funding made available by the University. 19 The Court is not bound to accept Carlson's characterization of the pay raises as adverse or retaliatory without an evidentiary basis to support that characterization. See Torrech-Hern\u00e1ndez v. Gen. Elec. Co., 519 F.3d 41, 47 n.1 (1st Cir. 2008) (noting that a court is \"not obliged to take at face value [a party's] subjective beliefs when they are not factually based and merely constitute conclusory, self-serving statements\"). Accordingly, Carlson has not shown, for purposes of her prima facie case, that the size of the pay raises she received constituted an adverse employment action. Similarly, because she has not established that her pay raises were in fact lower than what she deserved, she has not shown that her current position in the Physical Therapy Department limits her ability to earn higher merit raises. 6. News Release and Institute for Sports Science and Human Performance Carlson asserts that UNE's failure to mention her in a news release about one of her students and the failure to invite her to participate in UNE's new Institute for Sports Science and Human Performance constitute adverse employment actions. *20 objects to the Court's consideration of the news release because the event took place after the filing of the Complaint and before the close of discovery, but was not raised by Carlson through an amended pleading also objects to consideration of Carlson's exclusion from the Institute because the event took place after the close of discovery, and was not raised by Carlson through an amended pleading. 20 The news release and the creation of the Institute are both events that took place after the filing of Carlson's Complaint motion to supplement under Federal Rule of Civil Procedure 15(d) is the proper mechanism to assert claims based on events occurring after the filing of a complaint. See 6A Charles Alan Wright & Arthur R. Miller et al., Federal Practice and Procedure \u00a7 1504 (3d ed. 2017 Update). Carlson did not make such a motion, nor did she disclose these events or her anticipated reliance on them during discovery. The news release and Carlson's exclusion from the Institute are therefore not properly before the Court on this summary judgment motion. Even if were to consider Carlson's allegations regarding the news release and Institute, however, they do not rise to the level of adverse employment actions. The failure to mention Carlson in a news release is an example of the \"petty slights or minor annoyances\" that the Supreme Court has held do not rise to the level of adverse employment actions. See Burlington N., 548 U.S. at 68 (noting that \"Title . . . does not set forth a general civility code for the American workplace,\" and \"personality conflicts at work that generate antipathy and snubbing by supervisors and co-workers are not actionable\") (internal quotations omitted); see also Billings v. *21 Town of Grafton, 515 F.3d 39, 54 (1st Cir. 2008) (holding that supervisor's \"upbraiding\" of plaintiff for question asked at a meeting, criticizing her, and becoming \"aloof\" toward her constituted \"petty slights or minor annoyances\"); Marrero v. Goya of P.R., Inc., 304 F.3d 7, 25 (1st Cir. 2002) (holding \"extreme supervision,\" snubbing by supervisors and coworkers, and other forms of \"personal animus, hostility, disrespect, and ostracism\" do not constitute adverse employment actions). 21 With respect to the failure to include her in the Institute for Sports Science and Human Performance, Carlson has offered no contextual facts from which a fact-finder could conclude that the bare fact that she was not made part of the Institute rises to the level of an adverse employment action. As previously noted am not obliged to accept as fact Carlson's subjective beliefs that are based on nothing more than her own conclusions. See Torrech-Hern\u00e1ndez, 519 F.3d at 47 n.1. B. Causal Connection The third of the three prima facie elements Carlson must establish is a showing that the alleged adverse employment actions were causally connected to her protected activity. See Ray, 799 F.3d at 107. The three discrete acts that satisfy the adverse action element of Carlson's prima facie case\u2014the change in her course assignments, her removal from the webpage, and the removal of her advisees\u2014must be analyzed accordingly. To establish her prima facie case, Carlson must show that her harassment complaints were a but-for cause of each of the asserted adverse actions. See Nassar, 133 S. Ct. at 2534. The record shows, however, that the adverse actions were a *22 consequence of her transfer out of the Department. While the transfer was related to her sexual harassment complaints, the fact that her transfer was voluntary prevents Carlson's reports of harassment from being a but-for cause of the adverse actions asserted. Carlson was given the choice to remain in the Department if she wished; her decision to accept a transfer out of the department was an intervening cause 22 of the adverse consequences she experienced. Carlson herself acknowledges that the change in her course assignments was made \"because she was not 'full-time in the Department' and [she] lost her advisees and was removed from the website because she was no longer in the department No. 42 at 18 (internal citation omitted). There is no evidence in the record that suggests that Carlson would have lost her classes, her advisees, or her place on the webpage if she had chosen to remain in the Department, despite her sexual harassment complaints. Because Carlson has not shown a causal connection between the adverse actions she suffered and her sexual harassment complaints\u2014as opposed to her decision to transfer out of the Department\u2014she has not established the third of the three elements of a prima facie case of retaliation. C. McDonnell Douglas Burden-Shifting Framework Even if Carlson had succeeded in establishing her prima facie case of retaliation, her claim would nonetheless fail under the McDonnell Douglas burden-shifting framework. Under that framework, if satisfies its burden of production to suggest a legitimate, non-discriminatory reason for each adverse action taken, *23 Carlson bears the ultimate burden of showing that the proffered justifications are in fact pretextual. See Ray, 799 F.3d at 113. 23 1. UNE's Non-Discriminatory Reasons asserts that Francis-Connolly's decision to offer Carlson the option of transferring out of the Department was made in an effort to accommodate Carlson's desire not to work with Visich further asserts that Francis-Connolly ultimately decided not to accept Carlson's plan of having a surrogate supervisor within the Department because doing so would have usurped the authority of the department's leaders and interfered with the ability of the department's faculty members to work collaboratively further asserts that the changes in Carlson's course assignments were prompted by Carlson's desire to have distance from the Department, and by concerns about her ability to work collaboratively with the rest of the faculty contends that because the curriculum within a given department is integrated, it is important for the faculty to collectively develop and oversee the curriculum asserts that Carlson refused to communicate with Department leadership, and that allowing her to continue teaching courses within the Department without interacting with or taking direction from other department faculty would have created unnecessary conflicts and difficulties further asserts that its removal of a dedicated lab from one of Carlson's courses was the result of operational and budgetary limitations. Finally contends that the Environmental Physiology *24 course was initially not cross-listed with the Biology Department because the proper protocols for cross-listing courses were not followed. 24 contends that the decision to remove Carlson's biography from the webpage was based solely on the fact that she was no longer a member of the Department asserts that only faculty members who belong to a specific department may have their biography linked to that department's webpage. Additionally claims that the fact that Carlson no longer advises Exercise Science majors is also a consequence of her transfer out of the Department. UNE's explanations satisfy UNE's burden of producing a non-discriminatory reason or reasons for each of the adverse employment actions alleged by Carlson. 2. Evidence of Pretext In order to show that an employer's justification for an adverse action is pretextual, a plaintiff must produce sufficient evidence to \"enable a jury to find that the reason given is not only a sham, but a sham intended to cover up the employer's real and unlawful motive of discrimination.\" Ray, 799 F.3d at 113 (quotation omitted). In an effort to establish that UNE's proffered justifications are pretextual, Carlson points to the facts that had to hire a temporary faculty member to teach the Exercise Physiology class after it was not assigned to her, and that Visich tried to remove Carlson from teaching Exercise Physiology and Environmental Physiology in 2014 and 2015. Carlson also agrees, however, that the changes in her course assignments, her removal from the webpage, and the removal of her advisees were *25 caused by her transfer out of the Department. See No. 42 at 18. She does not point to any evidence that UNE's reliance on her transfer as the reason for the alleged adverse actions is pretextual, such as evidence of other faculty members changing departments but nonetheless keeping their teaching assignments, webpage biographies, and advisees. The fact that hired a temporary faculty member to teach Exercise Physiology after Carlson transferred out of the Department is not evidence of pretext. To show pretext, Carlson must demonstrate that her transfer was not the real reason behind the change in her teaching assignments, but was instead a pretextual explanation fabricated to mask an unlawful discriminatory motive. See Ray, 799 F.3d at 113. The fact that accommodated Carlson's transfer and the subsequent change in her teaching assignments by hiring a temporary faculty member does suggest that the transfer was not the real cause of the change in teaching assignments. Similarly, the fact that Visich asked for Carlson to be removed from teaching Exercise Physiology and Environmental Physiology in 2014 and 2015\u2014a request that was denied by Francis-Connolly\u2014does not demonstrate that the justification for removing her from those classes a year later is pretextual. 25 The record instead corroborates UNE's proffered justifications. Although Carlson asserts that she \"worked well with most of her fellow faculty members\"\u2014citing as evidence only her own declaration, which was prepared after filed its motion for summary judgment\u2014she does not dispute UNE's explanation for why Visich sought to remove her from teaching the Exercise Physiology and *26 Environmental Physiology classes. See No. 51 at \u00b6 93 No. 41 at \u00b6 106. UNE's statement of material facts asserts that: 26 In or around the spring of 2015, Dr. Visich spoke with Dean Francis- Connolly about [Carlson] continuing to teach Exercise Physiology and Environmental Physiology. Dr. Visich told Dean Francis- Connolly that [Carlson] \"refuses to communicate with\" the directors of the Department and \"refuses to teach\" things that the directors required her to teach for those courses. Moreover, Dr. Visich testified that, because of [Carlson]'s failure to communicate with and follow the direction of the directors, he told Dean Francis No. 41 at \u00b6 106 (quoting No. 31-2 at 35). Carlson offered a \"qualified\" response to this statement, claiming that the lab space she was given was inadequate to perform the required labs. Id. She did not deny, however, that she refused to communicate with the directors of the Department, or that Visich, as head of the department, had no control over the course content. Id. Thus, rather than demonstrating that UNE's given justifications are a \"sham,\" Ray, 799 F.3d at 113, Carlson admits that those justifications are based in fact. Further, she points to no facts that suggest that the real motive behind UNE's actions was unlawful discrimination in retaliation for her harassment complaints. See id. Carlson has therefore failed to meet her burden to generate a question of material fact as to the pretext portion of the McDonnell Douglas framework. Connolly that he, as the head of the department, had \"no control over this course anymore in regard to the content Carlson has failed to establish her prima facie case of retaliation, and has also failed to establish that the legitimate, non-discriminatory reasons offered by for *27 its actions were in fact pretextual is therefore entitled to summary judgment on Counts and of Carlson's Complaint is accordingly also entitled to summary judgment on Count of the Complaint, which alleges that is liable for punitive damages. See 42 U.S.C.A. \u00a7 1981a(b)(1) (2017) (punitive damages only available where defendant engaged in discrimination with malice or reckless indifference); 5 M.R.S.A. \u00a7 4613(2)(B)(8)(c) (2017) (same). Thus, UNE's Motion for Summary Judgment No. 35) is GRANTED. 27 ORDERED. Dated this 12th day of July 2017 /s 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.", "7789_104.pdf": "Social skills program Learn to overcome social jitters when speaking to someone new for 45% off the course price SocialSelf Open BIDDEFORD, Maine (Portland Press Herald professor at the University of New England is suing the private college, alleging that officials there took away some of her teaching duties and other responsibilities after she accused her department chairman of sexual harassment, according to a lawsuit filed in York County Superior Court. Professor suing for retaliation after she alleged sexual harassment Author: Portland Press Herald (WCSH) Published: 2:08 February 29, 2016 Updated: 5:55 March 1, 2016 Portland schools' annual Expo impacted by federal c Ad 1 of 1 Ad 1 of 1 \uf04c 00:00 / 00:00 \uf026 \uf064 x Lara Carlson, who has taught at since 2009, accuses of violating her civil rights under Title IX, a federal law, and is seeking to have her case heard in U.S. District Court denies the charges and has asked the court to dismiss the lawsuit. Carlson, an associate professor in the school\u2019s Westbrook College of Health Professions in Biddeford, does research in motorsports physiology, such as analyzing the health challenges associated with competitive stock car racing. According to her lawsuit, Carlson said the department chairman, Paul Visich, sent her an inappropriate email, made inappropriate sexual comments and touched her inappropriately in 2012. She said she notified the human resources department but the school took no action. Read full article here. leaffilterguards | Sponsored Here\u2019s What a 1-Day Gutter Upgrade Should Cost You Learn More LeafFilter Partner | Sponsored Luxury Casino | Sponsored Here\u2019s What a 6-Hours Gutter Upgrade Should Cost You Sign up at Luxury Casino for the Highest Win Rate Guarantee! Elevate your game with the best odds! leaffilterguards | Sponsored Here\u2019s What a 6-Hrs Gutter Upgrade Should Cost You In 2025 Learn More Luxury Casino | Sponsored Grammarly | Sponsored Use an Writing Tool That Actually Understands Your Voice Install Now Experience the Highest Win Rate Guarantee at Luxury Casino! Best odds for bigger wins RECALL: Frozen pizzas with possible bacterial contamination Woman's body found in Cape Elizabeth has been identified by police ARTICLE...", "7789_105.pdf": "Professor reach settlement in sexual harassment lawsuit Lara Carlson had said department chairman Paul Visich retaliated after she accused him of making inappropriate comments, sending inappropriate emails and touching her inappropriately in 2012. Posted November 20, 2018 Updated November 20, 2018 University of New England professor has reached a settlement with the school over a 2016 lawsuit in which she said her department chairman retaliated against her after she accused him of sexual harassment. Lara Carlson\u2019s attorney and a spokeswoman for the University of New England confirmed Tuesday that a settlement had been reached, but both were unwilling to provide details of the agreement. Federal court documents also confirm that a settlement was reached, but the records do not provide any details. Carlson was hired in 2009 and is an associate professor in the school\u2019s Westbrook College of Health Professions in Biddeford. Carlson, who was awarded tenure in 2014, does research in motorsports physiology, such as analyzing the health challenges associated with competitive stock car racing. Paul Visich is the chairman of the Exercise and Sport Performance Department, where he initially was Carlson\u2019s supervisor. In her complaint, Carlson said Visich made inappropriate sexual comments to her, sent her inappropriate emails and touched her inappropriately in Dennis Hoey Press Herald 2012. She said she notified the human resources department that fall but the school took no action. In her lawsuit, Carlson said she suffered a series of professional consequences for her report over the next three years. Visich gave her a negative performance evaluation and removed her as head of a student college bowl team. Carlson also was removed from advising students and from teaching certain classes, including one she had developed. The college dean was appointed her supervisor, and she was transferred out of the Exercise and Sport Performance Department. Court documents show she was eventually placed in the Physical Therapy Department, where Carlson said she has fewer teaching opportunities. In its response to the lawsuit, the school said that Carlson \u201cunreasonably failed to take advantage of the corrective opportunities provided by UNE\u201d or exhaust her administrative remedies. Carlson filed a complaint with the Maine Human Rights Commission in November 2014. She requested a right-to-sue letter before the commission released a final statement, and received it in November 2015 federal appeals court cleared the path for Carlson\u2019s lawsuit against in August. On Tuesday, Carlson\u2019s attorney said he couldn\u2019t provide details about the settlement other than to say that his client was looking forward to putting the episode behind her can tell you the Dr. Carlson and the University of New England have reached a mutually agreeable resolution that is fair and reasonable and allows both parties to move forward,\u201d Carlson\u2019s Portland-based attorney, David Kreisler, said in an email. In a follow-up interview, Kreisler said he was not allowed to discuss terms of the settlement spokeswoman Sarah Delage echoed Kreisler\u2019s statement can confirm that and Dr. Carlson have reached a mutually agreeable solution in this case that will allow both parties to move forward,\u201d Delage said in an email. \u00a9 2025 | All Rights Reserved | Press Herald Besides its campus in Biddeford, the University of New England also operates campuses in Portland and Tangier, Morocco. Staff Writer Megan Gray contributed to this report. Dennis Hoey can be contacted at 791-6365 or at: [email protected] Copy the Story Link", "7789_106.pdf": "An academic reported sexual harassment. Her university allegedly retaliated She claims her once-promising career was sidelined by Ben Guarino and Neel V. Patel Nov 12, 2018, 12:45 | Comments 0 Menu Our news stories are free to read. To get all access to The Verge, subscribe now Lara Carlson remembers November 20th, 2012, as a pivotal moment in a bruising conflict with her employer, the University of New England. On that day, Carlson entered a meeting with the university\u2019s human resources department to discuss troubling problems she\u2019d had over the past year. She\u2019d received what she considered to be lewd emails from her boss, Paul Visich, the chair of the Exercise and Sport Performance department. She alleged that he made unwanted, sexually charged remarks as well as unwanted physical contact. Visich was her direct supervisor \u2014 he wrote up her teaching evaluations and merit raises and oversaw the direction of her curriculum \u2014 and was, until his recusal, the head of the committee that decided whether Carlson, 50, received tenure. So Carlson complained to Sharen Beaulieu, a human resources director at the university, as well as Timothy Ford, the interim dean of UNE\u2019s Westbrook College of Health Professions. Carlson printed out the emails from Visich and put them in a binder. Ford and Beaulieu, Carlson says, acknowledged Visich\u2019s actions were sexual harassment. Beaulieu told Carlson that she had to meet with Visich didn\u2019t want to do it,\u201d Carlson says, adding that she was fearful that Visich would brush off her complaints or seek to damage her career was scared was scared to death.\u201d Beaulieu was the first to speak at the November 20th meeting, and she said Visich had called the meeting. \u201cYou and talked, Paul,\u201d the administrator said, \u201cand you said you thought it would be good for us to get together Our news stories are free to read. To get all access to The Verge, subscribe now. Carlson felt blindsided. She had complained, yet Visich\u2019s concerns, in her view, dominated the meeting was shocked, and felt betrayed,\u201d she tells The Verge. Carlson recorded the meeting. Her tape recorded Beaulieu telling Carlson that Visich \u201cis your chair so we\u2019ve got to figure out a way to make this work.\u201d The director urged Carlson to improve her communication with Visich second binder of emails \u2014 evidence of Carlson\u2019s harassment allegations \u2014 that Carlson brought in case the first she gave to Beaulieu was not used remained on the table, unopened. \u201cIt was clear that no matter what was going to keep Visich as my chair,\u201d Carlson says know there\u2019s times when we\u2019ve had issues and you\u2019ve tried to stay as far away as possible from me and I\u2019ve had to go hunt you down,\u201d Visich said in the recording. \u201cBeing part of the team is important. And you have kind of set yourself apart from all of us... You have created some animosities with the faculty.\u201d \u201cIt was clear that no matter what was going to keep Visich as my chair Our news stories are free to read. To get all access to The Verge, subscribe now. Carlson pushed the binder across the table toward Visich. He refused even to glance downward, she says. After an hour and a half, Carlson left to give a lecture. The next Monday, Carlson emailed Beaulieu to ask about Visich\u2019s harassing emails addressed his interactions with you and inappropriate emails immediately after you left for your class,\u201d the director replied. Visich, in a September 7th, 2016, deposition, told attorneys he called for the meeting, but he did not recall discussing these emails with HR. Less than three years after the meeting, Carlson, no longer a part of the Exercise and Sport Performance department, would be embroiled in a legal battle against the university for retaliating against her after she raised sexual harassment complaints. The reporting that follows tells Carlson\u2019s story based on court documents and interviews with Carlson and her colleagues. The fallout from the events at UNE, including that meeting, upended her once-promising career. After Carlson filed a lawsuit in the District Court in Maine, the university asked the court to dismiss the claim exercised reasonable care to prevent and promptly correct any discriminatory, harassing or retaliatory behavior,\u201d wrote the university\u2019s attorneys in the answer to Carlson\u2019s complaint. She had \u201cunreasonably failed to take advantage of the corrective opportunities provided by or otherwise failed to avoid harm Our news stories are free to read. To get all access to The Verge, subscribe now. Between 60 and 80 percent of women in the workplace experience some form of sexual harassment. Carlson\u2019s story \u201cis the sort of thing that I\u2019ve heard quite a bit over the years,\u201d says Kathryn Clancy, an anthropologist at the University of Illinois at Urbana-Champaign. Clancy is an author of a recent National Academies of Sciences, Engineering, and Medicine report, published in June, that describes the pervasiveness of sexual and gender harassment in science in academic settings. More than 50 percent of female faculty members have experienced harassment, mostly sexist comments and inappropriate jokes. The story Carlson tells is a story of sexual harassment. But it is also a story of institutional failure. \u201cMale domination and organizational tolerance toward harassment are the two main underlying factors that often create more harassment,\u201d Clancy says series of allegations have rocked the academic astronomy community since BuzzFeed News revealed in 2015 that a prominent exoplanet researcher violated the University of California, Berkeley\u2019s sexual harassment policies 2016 investigation by The Verge found that mammalogist Miguel Pinto harassed fellow research students at the Smithsonian National Museum of Natural History. Pinto was banned from the museum\u2019s labs. The #MeToo movement that went viral in October 2017 pulled the most egregious examples of sexual harassment and sexual assault to the forefront of public \u201cMale domination and organizational tolerance toward harassment are the two main underlying factors that often create more harassment.\u201d Our news stories are free to read. To get all access to The Verge, subscribe now. consciousness. But what still lurks outside of the headlines and news chyrons are the more common, yet still professionally destructive, forms of abuse. The focus on explicit misconduct misses the vast majority of harassment. Demeaning jokes, unwanted sexual attention, and excluding women from decision- making processes and leadership positions all cause detrimental effects on women\u2019s health, productivity, and long-term career goals. \u201cThis isn\u2019t some kind of Harvey Weinstein-type of story in terms of the seeming severity of the behaviors of the perpetrator,\u201d Clancy says. \u201cAt the same time, the personal and professional consequences are really obvious decade ago, Carlson was a rising star in the field of exercise physiology. Before becoming a scientist, she was an athlete who competed in the hammer throw at four Track and Field national championships. An injury cut her athletic career short. \u201cI\u2019m no stranger to hardship,\u201d she says. She found success in academia. In 2009, Carlson left her job at Vermont\u2019s Castleton State College, now known as Castleton University, for a tenure-track position at the private University of New England in Biddeford, Maine Our news stories are free to read. To get all access to The Verge, subscribe now. The university recruited Carlson not only for her physiology expertise, but also for her reputation as a teacher. \u201cShe had a phenomenal teaching record,\u201d says Amy Davidoff, a University of New England professor of pharmacology who describes herself as \u201can advocate and a mentor\u201d for Carlson. During her time at UNE, Carlson was nominated for the university\u2019s Westbrook College of Health Professions\u2019 Distinguished Teaching award, and she won UNE\u2019s Excellence in Academic Advising award. Students adored her. One of Carlson\u2019s former students, who requested anonymity for fear of professional repercussions, described \u201cDoc. C\u201d as \u201ceasily the best professor\u201d at the university. Carlson had scientific chops, too. She was twice elected as president of the New England American College of Sports Medicine (NEACSM), and she founded UNE\u2019s first College Bowl team. In her first few years at the University of New England, Carlson led an investigation into the physiology of stock car drivers. Studying male competitors, Carlson discovered that significant heat strain causes drivers\u2019 skin temperatures to rise and their bodies to lose weight through sweat was a superstar Our news stories are free to read. To get all access to The Verge, subscribe now. In 2013, The New York Times described her studies as \u201cnew research that supports racing\u2019s athletic cred.\u201d The university commissioned a short documentary of her work, which the New England chapter of the National Academy of Television Arts and Science nominated for an Emmy. In the university\u2019s eyes was a superstar,\u201d Carlson says. That is, until she complained about Visich. The University of New England hired Visich, who had researched the genetics of muscle size among other areas of study, from Central Michigan University to become chair of the Exercise and Sport Performance (ESP) department in 2011 faculty were impressed by Visich\u2019s resume and his ability to secure grant money from the National Institutes of Health. But Visich began to act unprofessionally shortly after his arrival as the new department head, Carlson says. In a January 20th, 2012, email exchange, he wrote am home in my PJs sipping tea and watching porn!\u201d Visich, who did not respond to four requests for comment by email and phone, has described these emails as banter among friends. Carlson and her husband were the \u201cfirst good friends\u201d Visich and his wife made in Maine, he said. \u201cOf course was not watching porn was simply joking with her,\u201d he said in the September 2016 deposition. \u201cWe had a joking relationship with each other during these times.\u201d In February 2012, Visich sent a picture of a female baboon\u2019s engorged genitals to Carlson. \u201cHey just wanted to let you know that I\u2019ve got the itches today,\u201d his email read. \u201cSeriously my ass feels like this.\u201d Other messages referenced Lara\u2019s husband hope the old man is giving you a nice rub down with some old oil he found in the garage, haha!\u201d and \u201cBlair told me he was shopping the other day and got you some real sexy panties, what a man! He was probably trying them on, haha!\u201d He wrote these emails \u201cjokingly,\u201d he said in 2016, and \u201cdidn\u2019t necessarily think they were considered sexual.\u201d Our news stories are free to read. To get all access to The Verge, subscribe now. During meetings, Carlson says, Visich sat next to her and placed his hands on her thighs and knees in an unwelcome manner and stared at her chest. He stopped her once, while the department was moving into its new facility at the Alfond Forum, by grabbing her upper arm and holding her so forcefully that she asked him to let go. Carlson began to avoid one-on-one meetings with Visich started to distance myself from him,\u201d she says. Visich targeted students, too, Carlson says. In May 2012, as part of a physiology class, Carlson and Visich decided to take students on a trip up Quandary Peak, a Colorado mountain. Carlson recalls that for months prior, Visich, during guest lectures in Carlson\u2019s class, told female undergraduates to prepare by packing colorful bras student complained about Visich\u2019s repeated references to wearing colorful bras on the trip to a staff member in the department. That staff member, who spoke on condition of anonymity for fear of professional repercussions, confirmed this incident with The Verge. On the trip, Carlson stayed at the base with a combination of altitude sickness and a stomach bug. At the top, Visich insisted on taking a picture where, despite the started to distance myself from him Our news stories are free to read. To get all access to The Verge, subscribe now. altitude and snow, the men stripped to the waist, and the women wore bright sports bras. Visich is in the picture as well, grinning as he flexes his biceps. Visich continued to take shirtless photos with undergraduate students as recently as 2016, according to a longtime faculty member and associate professor at the university, who wished to be unnamed for fear of retaliation. Two students complained to this professor. One of those students shared the photos, which Visich had posted to social media, with the faculty member. \u201cBefore even met Lara,\u201d the professor says heard from students who were in his classes how uncomfortable it made them.\u201d Carlson formally raised her complaints to Ford and Beaulieu in the fall of 2012, explaining that Visich \u201cwas touching me in an unwelcome way, leering at my chest.\u201d The November 20th meeting with Visich came from those complaints, but things soon spun far from resolution. Visich began to retaliate against her for complaining, Carlson says. In early June 2013, he wrote a negative evaluation about Carlson, saying her \u201cinvolvement with Visich continued to take shirtless photos with undergraduate students as recently as 2016 Our news stories are free to read. To get all access to The Verge, subscribe now. the department this year has been fairly minimal.\u201d Visich was removed as the head of Carlson\u2019s tenure committee in the fall, but he remained her direct supervisor. Visich removed Carlson as the head of UNE\u2019s College Bowl team. He created more stringent procedures for allowing non-Exercise and Sport Performance majors to take Carlson\u2019s class; consequently, several students were denied enrollment. The next spring, without prior discussions with Carlson, he nixed the lab time allotted for her exercise physiology course, which prevented her from implementing labs she was still required to teach. The meeting also didn\u2019t stop Visich\u2019s unwanted touching. On September 5th, 2013, Carlson was sitting on her motorcycle in a school parking lot, talking with a student, when Visich approached, reached out, and began to rub her shoulders. The student who was present described the behavior to The Verge as \u201ccreepy\u201d and says that Carlson appeared \u201cweirdly uncomfortable.\u201d Visich, in the deposition, said he was consoling Carlson after the death of a colleague. \u201cCould have touched her back? Yes,\u201d he said. \u201cWas it sexual in nature? No way.\u201d The student submitted a witness statement, Beaulieu reviewed the incident when Carlson complained, and she concluded that no sexual harassment had occurred. Afterward, the student says, he was blackballed from applying for a job in the department. The federal civil rights law known as Title has become a major force through which victims of sexual harassment at universities \u2014 both students and faculty \u2014 raise their complaints. Title is cheaper than a lawsuit (it\u2019s free), and federal oversight compels universities to act aggressively. Celene Reynolds, a sociologist at Yale University, has studied Title mobilization over the last several decades. She found that gender discrimination complaints under this law have risen continuously since 2006, with an \u201cexplosion\u201d in complaints after 2009. In 2014, 1,446 Title complaints were filed. But while more people are coming forward, Title does not necessarily prevent or prosecute sexual harassment, nor does Title always provide victims with the Our news stories are free to read. To get all access to The Verge, subscribe now. assistance they need. Betsy DeVos, secretary of education in the Trump administration, has spent much of her term dismantling Obama-era guidelines meant to empower victims of sexual misconduct on campus, arguing the moves are to ensure the accused are not wrongfully disenfranchised. Moreover, these laws are frequently misunderstood lot of people don\u2019t understand why sexual harassment \u2014 and sexual violence as an extreme form of sexual harassment \u2014 is a civil rights violation, a violation of the victim\u2019s rights to an equal education or equal employment opportunity,\u201d says Nancy Cantalupo, a lawyer who has written extensively about gender discrimination in universities and colleges. \u201cBut that\u2019s how civil rights laws define it.\u201d Schools mistakenly approach violations to Title and Title (which bans discrimination in any workplace) from the perspective of criminal law, rather than civil rights law. Administrators may focus on punishment, not reestablishing the civil rights of the victim. Therefore, if universities believe they cannot find evidence they deem punishment-worthy, victims are virtually ignored. \u201cIf you\u2019re focused on a punitive response, you\u2019re not really thinking about what the civil rights law requires of you,\u201d says Cantalupo. That\u2019s not the only problem. Universities, in particular, don\u2019t allocate many funds to human resources and Title offices, says Clancy. \u201cThat makes it really easy for retaliation and other things to happen,\u201d she says. And she\u2019d know: Clancy, in an influential 2014 survey of 658 researchers who conduct field work, found that 61 percent were victims of harassment, including inappropriate or sexual remarks. Twenty percent reported they were sexually assaulted. Few of the subjects in the study understood how to report such incidents, and most who did were unhappy with the official outcome. The federal government is only making the process more difficult for victims. Under DeVos, the Department of Education wants to pivot the standard for evidence under Title cases toward a criminal standard, from a \u201cpreponderance of evidence\u201d (the allegations are more likely than not true) to a \u201cbeyond a reasonable doubt\u201d standard, which would make it harder for victims to prove discrimination on campus. Our news stories are free to read. To get all access to The Verge, subscribe now. As Carlson felt the retaliation progress, she found her ability to do research being systematically dismantled, beginning in 2014. First, she was removed as an undergraduate student adviser. Then, Carlson asked the new dean and Ford\u2019s successor, Elizabeth Francis-Connolly, for a new supervisor, and she was rebuffed. The dean felt this \u201cwould create a significant conflict and would usurp the authority of the leadership of ESP,\u201d according to court documents. Instead, she offered to move Carlson from the department to a different college. Here\u2019s where everything for Carlson began to crumble. Reluctant to transfer, she finally agreed after a series of conversations with Francis-Connolly, which led Carlson to believe that she would continue to teach her courses and conduct research. The transfer, Carlson told Francis-Connolly, \u201ccould resolve the situation\u201d if it \u201ccan be accomplished along the lines we discussed.\u201d The university, in court proceedings, emphasized that Carlson had \u201cfreely agreed to\u201d the transfer. After receiving tenure in March 2014, Carlson left the department in April 2015 and was assigned to the Portland, Maine campus. But she was unable to teach exercise physiology \u2014 a popular class for which she\u2019d designed the curriculum \u2014 or environmental physiology. She only found out about these changes when the published course catalog listed the instructor for those courses as \u201cTBD.\u201d Carlson asked Francis-Connolly to cross-list environmental physiology to the Biology Department so she could teach it, but she says that Visich convinced Francis Our news stories are free to read. To get all access to The Verge, subscribe now. Connolly to reject that move. The university maintains that it did not cross-list the course because Carlson failed to follow proper protocol for submitting her request. Eventually, Carlson\u2019s profile was removed from the department\u2019s website at Visich\u2019s behest in July 2015, which, she says, led external funders to stop contacting her. For the 2016 academic year, she received a merit raise of 2 percent \u2014 the smallest raise she says she had ever received during her time at UNE. In 2016, she was placed in the university\u2019s Department of Physical Therapy, despite not being a licensed physical therapist, excluding her from participating in department decisions and curriculum changes. It\u2019s been years since she collected data for her own research just felt dehumanized, devalued and literally discarded,\u201d she says. The behavior Carlson describes is typical of the kind of sexism, misconduct, and lack of accountability that university settings can foster. Such actions \u201cdon\u2019t quite just felt dehumanized, devalued and literally discarded Our news stories are free to read. To get all access to The Verge, subscribe now. meet, say, the definition for things like sexual coercion,\u201d Clancy says, though they \u201care just below that threshold.\u201d Clancy\u2019s assessment of the situation was unambiguous: there should have been a thorough investigation, and if the allegations were true, then Visich should have been removed as head of the department. It\u2019s important to call out less shocking but still inappropriate behavior, says Heidi Lockwood, a philosophy professor at Southern Connecticut State University who advocates for survivors of sexual harassment at universities. \u201cWe need to get away from evaluations of how much harm specific individuals experience, and focus on the pure wrongness of the act.\u201d This sort of harassment can have the worst personal consequences, Clancy says, because victims may internalize it. The organization that\u2019s supposed to address grievances is instead closing ranks around the perpetrator \u201cand further gaslighting the victim.\u201d With institutions choosing to side with perpetrators over victims, it\u2019s no wonder so many women are effectively being harassed out of the sciences. Paul Lannon, an attorney at the law firm Holland & Knight in Boston specializing in employment and labor, points out that academic culture, as opposed to the commercial sector, is imbued with an overt layer of free expression. \u201cAcademic freedom for a faculty member gives them the freedom to discuss ideas, present ideas in the classroom, write about ideas, in ways that can be controversial, or out of the mainstream, or provocative,\u201d Lannon says. \u201cThat freedom sometimes think, can be misconstrued as license to behave in a way that would violate the laws against sexual harassment or discrimination.\u201d \u201cWe need to get away from evaluations of how much harm specific individuals experience, and focus on the pure wrongness of the act Our news stories are free to read. To get all access to The Verge, subscribe now. If male academics are celebrated for their controversial or provocative ideas, it\u2019s not hard to see why they might believe it\u2019s okay to act controversially or provocatively in the workplace. There\u2019s little wonder why academia has a sexual harassment problem: once these sorts of men find themselves in positions of power with the job security tenure provides, they have little reason to fear the consequences when their \u201cprovocative\u201d attitudes augur into inappropriate, demeaning conduct against others. Lannon, who has served as outside counsel for several universities in harassment lawsuits, says that the revocation of tenure is a very lengthy and disruptive process that both colleges and the accused must agree to. In cases where the accused are forced out, they often opt for a voluntary resignation to avoid a long, public conflict. \u201cIt may not look like they were fired from the outside, but it was the consequence of findings made during an investigation,\u201d he says. But since those findings rarely become public, aggressors tend to simply move on to other positions at other schools where they can enjoy a clean reputation and even begin their harassment anew. Carlson did not take legal action against the university until the school removed her from courses in the Physiology Department. \u201cWhen learned that they were not going to give me my job back \u2014 my classes, that loved so passionately to teach, the reason came to the University of New England \u2014 that\u2019s when we decided to move forward,\u201d she says. Our news stories are free to read. To get all access to The Verge, subscribe now. On November 4th, 2014, attorneys David Kreisler and Christopher Harmon filed an Equal Employment Opportunity Commission complaint on Carlson\u2019s behalf. She filed a lawsuit against the university on January 4th, 2016, for retaliation. Maine District Court judge Jon D. Levy ruled that Carlson failed to show the university retaliated against her. The crux of his argument was built around Carlson\u2019s decision to leave the department. The \u201cevidence is undisputed that Carlson participated in the decision for her to transfer out of the Department, and that the transfer was voluntary,\u201d the ruling states. The \u201cfact that the choice given to Carlson was a difficult one, and possibly ill- advised in light of the harassing conduct she alleged Visich committed, does not render the transfer retaliatory.\u201d Carlson, Levy wrote, was unable to suggest \u201cthat the real motive behind UNE\u2019s actions was unlawful discrimination in retaliation for her harassment complaints.\u201d Because sexual misconduct and retaliation are civil rights cases, \u201cplaintiffs have to show not merely that the alleged conduct happened, but also that it in some way impeded their access to civil rights guaranteed under Title or Title IX,\u201d Lockwood says. Levy\u2019s ruling doesn\u2019t dispute that Visich sexually harassed Carlson, but it does deny that her civil rights were violated since she still had a \u201cchoice\u201d in responding to what happened to her. Carlson immediately appealed the ruling. Levy\u2019s ruling is wildly different from how we interpret other acts of aggression, Lockwood says. \u201cWhen someone steals your wallet, no one wants to know how upset you were about the theft, and you don\u2019t need to provide proof of the hardship. No one asks, \u2018Are you sure you really had a wallet, and are you sure you didn\u2019t just lose it?\u2019 or \u2018Did your work performance decrease after your wallet was stolen, and did you seek counseling?\u2019 No one demands proof that the victim didn\u2019t \u2018encourage\u2019 Levy\u2019s ruling doesn\u2019t dispute that Visich sexually harassed Carlson, but it does deny that her civil rights were violated since she still had a \u201cchoice\u201d in responding to what happened to her Our news stories are free to read. To get all access to The Verge, subscribe now. the theft by, say, leaving the wallet in an unlocked car. It\u2019s understood that no reasonable person would want to have a wallet stolen.\u201d What happened to Carlson is a perfect example of what Lockwood likes to call the \u201cGoldilocks problem.\u201d If your story sounds profoundly heinous, the courts think you\u2019re lying. If it doesn\u2019t sound severe enough, the courts won\u2019t find your case convincing. Your story has to have the right amount of wrongdoing. That burden of proof, Lockwood says, is a symptom of how our culture assumes victims \u2014 women \u2014 might actually enjoy sexual harassment and the implicit trade of sexual favors for perks and benefits. Carlson almost gave up as the lawsuit stalled. \u201cYou start losing hope,\u201d she says. \u201cI\u2019m the type of person if have hope can keep going.\u201d She lost friends. \u201cYou learn real quick who\u2019s there for you and who isn\u2019t.\u201d Anyone who wonders why more victims of harassment don\u2019t come forward hasn\u2019t thought about \u201cthe guilt, the shame and the re-traumatizing over and over and over again,\u201d she says. \u201cIt\u2019s just a horrible process.\u201d Nevertheless, Carlson appealed. In August, the First Circuit Court in Boston reversed the district court\u2019s initial judgment and sent the case back to the lower \u201cIt\u2019s just a horrible process.\u201d Our news stories are free to read. To get all access to The Verge, subscribe now. courts for further proceedings, noting that \u201cCarlson has demonstrated that there are genuine disputes of material fact as to whether misled Carlson into transferring departments.\u201d Carlson\u2019s employment, the court found, may well have been adversely affected by her inability to teach her previous courses, advise students, and by her disappearance from the department website. And Francis- Connolly\u2019s \u201cshifting justifications\u201d seemed to indicate these moves may not have been made in good faith jury could find that Carlson would not have accepted the transfer but for Dean Francis-Connolly\u2019s misrepresentations,\u201d the court stated jury could also reasonably infer that Dean Francis-Connolly did so in retaliation against Carlson reasonable jury could also find that these events would not have occurred \u2018but for\u2019 Carlson\u2019s activity in reporting Visich\u2019s sexual harassment of her.\u201d During those proceedings maintained that Carlson was not misled into accepting an undesirable transfer or even that staying in the department would have constituted an adverse employment action. Its lawyers argued that the removal of her biography from the department website, her removal of her advisees, and changes to her course assignments were simply a consequence of her transfer \u201ccaused by Carlson\u2019s request to have distance from Visich and her choice to transfer out of the Department, not as the result of her complaints of sexual harassment Our news stories are free to read. To get all access to The Verge, subscribe now. The university declined to comment beyond a brief statement. \u201cThe university does not comment on ongoing litigation or on personnel matters,\u201d Sarah Delage, UNE\u2019s director of public relations, said in the statement. \u201cWe have robust programs in place to prevent sexual harassment on campus and in the workplace, and provide a range of related educational programming to students, faculty and professional staff throughout the year. We respond to all allegations of sexual harassment and investigate those accusations appropriately and conscientiously, and take appropriate action when the investigation indicates it is warranted president James Herbert assumed office on July 1st, 2017; four months later, he released a campus-wide letter about sexual harassment. \u201cIf you believe you have experienced harassment or assault urge you to come forward,\u201d he wrote. Carlson, who has never met Herbert, sent him a letter on November 16th, 2017. \u201cIn my view, Paul Visich still poses a significant risk to others at the UNE,\u201d she wrote. \u201cUNE\u2019s current policies allow him to continue in his unchecked behavior.\u201d If Herbert received her warning, he did not respond, Carlson says. In February 2018, Lockwood spoke with Herbert for an hour. Lockwood recalls that she told Herbert that students in the department \u201care worried about Visich\u2019s behavior.\u201d His initial response to Lockwood, she says, was \u201cessentially, \u2018I\u2019m really concerned had no idea that there were any problems in that department.\u2019\u201d As the conversation continued, \u201cat one point he said there was one case involving a faculty member and a romance gone bad. And she was an \u2018angry employee,\u2019\u201d Lockwood tells The Verge. That case, Herbert told Lockwood, had been settled. \u201cOne of the things that I\u2019ve been really struck by is how many of them say just want to get back to work.\u2019\u201d Our news stories are free to read. To get all access to The Verge, subscribe now. Lockwood followed up in a June email to Herbert, concerned about unanswered questions from their conversation. She asked him whether the bad romance and \u201cangry employee\u201d referred to Carlson or someone else. Herbert did not reply to Lockwood. The Verge\u2019s requests for comment to the president\u2019s office have gone unanswered. In all of her interviews with victims over the years, Clancy says, she\u2019s noticed a common refrain. \u201cOne of the things that I\u2019ve been really struck by is how many of them say just want to get back to work.\u2019\u201d Carlson is no exception. She wants to teach the subject she knows. She wants to collect new data. She wants to mentor students. \u201cAll I\u2019ve been fighting for,\u201d she says, \u201cis to do my job.\u201d She wants to return to the department she still calls \u201chome.\u201d 0 More in Science Coca-Cola\u2019s new hydrogen-powered vending machine doesn\u2019t need a power outlet 10:06 | 11 We\u2019ve entered a forever war with bird flu 20 | 15 Space science is under threat from the anti purge 20 | 22 Our news stories are free to read. To get all access to The Verge, subscribe now. Top Stories Boston Dynamics Atlas robot: a full history 19 | 3 The entire story of Twitter under Elon Musk 19 The Boeing Starliner astronauts returned to Earth today 18 | 35 Drama over quantum computing\u2019s future heats up 28 How \u2018Careless People\u2019 is becoming a bigger problem for Meta Severance brought everything together in its season 2 finale 10:00 Alexa Plus is coming to almost every Echo \u2014 but your favorite skill might not make the cut Our news stories are free to read. To get all access to The Verge, subscribe now. We ran the wrong headline about Trump firing the commissioners 20 Opening iOS is good news for smartwatches 11:46 Our news stories are free to read. To get all access to The Verge, subscribe now. Contact Tip Us Community Guidelines About Ethics Statement How We Rate and Review Products Do Not Sell or Share My Personal Data Terms of Use Privacy Notice Cookie Policy Licensing Accessibility Platform Status \u00a9 2025"} |
7,748 | Mark Weiger | University of Iowa | [
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] | {"7748_101.pdf": "\uf39e \uf16d \ue61b \ue07b Enter Search Term \uf086 \uf164 1 \uf39e \ue61b \uf0e0 \uf02f News / State Police investigate apparent suicide of of Iowa professor The Daily Iowan November 13, 2008 An oboe professor at the School of Music is believed to have killed himself Wednesday. Police responded to the home of Mark Weiger at 3:41 p.m. after a caller reported a male in a vehicle who appeared dead. The apparent suicide comes nearly a week after a former graduate student of Weiger\u2019s sued him in federal court alleging the professor made inappropriate sexual comments to her on a daily basis. Melissa Rose Walding Milligan of West Lafayette, Ohio, filed the suit, also naming the UI, claiming that officials incorrectly handled the situation. The lawsuit contends when she complained to the university about Weiger\u2019s behavior, nothing was done. Milligan\u2019s lawsuit also claims when the conducted a private investigation, Weiger allegedly admitted to participating in the conversations and also said he inappropriately touched another student in front of a class. Police were unable to provide further details on Wednesday evening. Weiger kept his position at the after Milligan\u2019s allegations and has been an active member of the local music community, playing his oboe in several performances including the faculty concert last May Handful of Cyclones advance to late stages of Wrestling Championships March 21, 2025 Staff Picks: No. 3 seed Iowa State vs No. 14 seed Lipscomb March 20, 2025 Iowa State outlasts for extra innings win in first of three-game series March 20, 2025 Iowa State faces No. 6 seed Michigan in Tournament opening round March 20, 2025 Iowa State win First Four battle 68-63 over Princeton to advance to first round of Tournament March 20, 2025 \uf086 \uf164 1 \uf39e \ue61b \uf0e0 \uf02f Since coming to Iowa in 1988, he has continued to perform internationally as a soloist in Italy and Brazil, among others, and has presented two Carnegie Hall recitals. Weiger received his degrees from the New England Conservatory of Music and the Julliard School associate professor of music alerted his class of the suicide via e-mail on Wednesday afternoon. Canceling Thursday\u2019s class, T.M. Scruggs wrote: \u201cTo all of you who knew Mark Weiger please accept my condolences and empathy, it\u2019s quite a shock.\u201d About 100 students and faculty held an evening vigil for Weiger at Trinity Episcopal Church, 320 E. College St. With their heads down, several in attendance cried and observed a moment of silence and heard a prayer. Provost Wallace Loh attended the service, along with Sam Cochran, director of counseling services. \u201cThis is a sad day, and obviously a very hard time,\u201d Cochran told the crowd. \u201cAllow yourselves to grieve. Take it one step at a time.\u201d This story appears courtesy of The Daily Iowan. Donate to Iowa State Daily $6235 $10000 Contributed Our Goal Leave a Comment \uf086 \uf164 1 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in Donate The Daily Iowan, Author Your donation will support the student journalists of the Iowa State Daily. Your contribution will allow us to purchase equipment, send our student journalists to conferences and off-set their cost of living so they can continue to do best-in-the-nation work at the Iowa State Daily. About the Writer Iowa State Daily The independent student newspaper of Iowa State and Ame\u2026 \uf39e \uf16d \ue61b \ue07b Enter Search Term \uf002 About Advertise with Apply Donate Calendar Contact \uf086 \uf164 1 \uf39e \ue61b \uf0e0 \uf02f", "7748_102.pdf": "The Daily Iowan \u2022 February 26, 2009 \u2022 Oblique angles in sexual harassment Sexual harassment is a serious issue, it can\u2019t be said too often. But the very ubiquity of the matter can lead to its misunderstanding, ignorant dismissibility, and exploitation. The university\u2019s new training program for its faculty on inappropriate behavior is intended to address the first two, but actually operates under the last, exploiting the topic of sexual harassment under the guise of making strides to curb it. The training program, a computer-based questionnaire module comprising a series of educational articles cemented by online quizzes, was implemented partially in response to the harassment accusations aimed at two professors earlier in the school year and the seemingly damning blow to the university\u2019s reputation those situations precipitated. The problem had to be met, will continue to have to, and it is to the credit of the creators of this new program that efforts are being made. Students and faculty need to understand the kind of behavior that is tolerable, and any resource made available to those parties is important training program for university faculty in sexual harassment is valuable as one of many tools in making the confusing and often blurry distinctions of acceptable conduct snap to a sharper focus. Other tools exist, appearing in every first-day syllabus handed out in class, which lay out the expectations of student-teacher composure and in the dozens of seminars and workshops in the community cultivating respectful manners in university relationships. Obviously, problems persist, or we would not have witnessed the end-on-end tragedies of the fall semester or the ruckus set up over allegations of sexual assault by two football players. Another source of information and assistance is only welcome. But the nature of this particular resource is foundationally suspect. It lends itself more to calming the ripples of an upset image and hand-hidden gossip caused by the accusations, and subsequent suicides, of Arthur Miller and Mark Weiger, and not the more latent problem of harassment itself. As a reaction to general publicity of sexual harassment, the university is setting up this \u201ctraining\u201d program, which changes neither the effectiveness nor application of existing policy but merely draws attention to the problem and some of its potential solutions. The program is disingenuous because all it manages to accomplish is a heightened atmosphere of what could be called paranoia, in the sense that the main thrust of the university is to scrub away the blemishes left by the \u201cscandals\u201d themselves and not the root causes: ignorance and disrespect. Students need ready options for this kind of education, but the tactic of pure \u201cbrochure-ism\u201d is not working forum of discussion and support could provide the groundwork for a solid system for counteracting harassment, involving all tiers of academic society. In fact, this might resolve into a culture of safety instead of one of apparent vanity. Reiterating and drawing attention to policy will not affect its success. We need a more efficient method of creating a safe, educational environment, not merely reactive measures of highlighting previously existing programs while ignoring their faults.", "7748_103.pdf": "Suicide And Sexual Harassment The New Republic Staff / February 24, 2009 Your inbox is your home page, and The New Republic makes it smarter. Sign up now for your free newsletter most disturbing article in a recent issue of the Chronicle of Higher Education deals with the suicide of two professors at the University of Iowa, both of whom faced charges of sexual harassment. Arthur H. Miller, a prominent political scientist, was accused of offering female students good grades in return for fondling their breasts. Mark O. Weiger, a well- known oboist, evidently (like Mozart) possessed a taste for the scatological. Miller shot himself in a public park. Weiger locked himself inside his car in his garage and asphyxiated himself. Read More 00:02 03:12 Breaking news, in-depth reporting, and exclusive benefits. Become a member today. g p, Get notifications from The New Republic. Click \u201cSign Up,\u201d then \u201cAllow.\u201d Sign Up Dismiss By clicking \u201cAccept All Cookies\u201d, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Cookies Settings Accept All Cookies No one knows for sure whether these men were guilty as charged. If they were not, then their deaths are scandalous, a result of accusations run wild. But even if they did do what they have been alleged to have done, the taint of scandal remains. Any offer of better grades in return for sexual favors is offensive and demeaning, and cannot be permitted to go acknowledged or unpunished. In Miller's case, any such behavior, if indeed he engaged in it, would have put an entire career at risk 66- year-old man simply would not do such things unless something had gone seriously wrong with his mental condition. Yet no one in a position of authority at the University of Iowa seemed to take into account the likelihood that Miller needed professional help. Administrators went out of their way not to appear sympathetic to him. Campus police arrested and charged him. His name and pictured were plastered all over the news. He was prevented from teaching his classes. University President Sally Mason all but announced his guilt in a public statement. His suicide note said he took his own life because of \"the disappointment and the embarrassment\" the charges against him had caused his family. Weiger, the oboe professor, had been charged by a graduate student named Melissa Milligan he had helped bring to the university. An investigation conducted by the university supported her complaint, and it is not hard to conclude that Weiger had indeed conducted himself in an unprofessional manner that students could find hurtful and demeaning. But Milligan was not satisfied with the investigation that upheld her complaint; she pursued the matter with the Iowa Civil Rights Commission and then filed a federal lawsuit against both him and the university. With all the resulting publicity, Weiger was convinced that he would never again be able to recruit students and he saw his academic career coming to an end. He took his own life, but even this did not stop Milligan, who continued her suit against his estate. One comes away from this Chronicle article wondering just how senior administrators at the University of Iowa understand their jobs. Of course they are under an obligation to create an atmosphere in which students will not be made the objects of actions that threaten and harass them. But surely they ought to understand as well how explosive charges of sexual harassment can become, especially in the small-town environment of a modern university. Even men who did wrong, assuming these men did do wrong, are human. Neither of them were treated as if they were. The University of Iowa may be a wonderful place to be a student. It sounds like a perfectly dreadful place to be a faculty member. Read More 00:02 03:12 g p, Get notifications from The New Republic. Click \u201cSign Up,\u201d then \u201cAllow.\u201d By clicking \u201cAccept All Cookies\u201d, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Sponsored Content Read More: Person Career, Indictment, Technology, Alan Wolfe, Iowa, The University Of Iowa, Mark O. Weiger, Arthur H. Miller Why you should never retire (The Economist Should Canada Build Cross-Country Pipelines\u2026 (The Epoch Times Toronto: What's Your Home Worth? (Check\u2026 (Bright Life Daily The Super Rich Read As Many As 50 Books Per\u2026 (Blinkist Magazine All-New 2024 Buick Envision Is Utter\u2026 (Bright Life Daily Man Intervenes as Child Jumps on Seats \u2013 Watch\u2026 (Happy in Shape Meghan Markle\u2019s new Netflix show is out of Yacht Encounters Pirates - Watch What the Captain All Canadians Aged 50-80 May Qualify For This Read More 00:02 03:12 g p, Get notifications from The New Republic. Click \u201cSign Up,\u201d then \u201cAllow.\u201d By clicking \u201cAccept All Cookies\u201d, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. (The Economist) (Tips and Tricks) (Canadian People Protection) Read More 00:02 03:12 g p, By clicking \u201cAccept All Cookies\u201d, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts.", "7748_104.pdf": "Iowa City Police: Carbon monoxide killed professor -- Jamie Schneider couldn't believe it. The former University of Iowa student who lives in Washington, D.C., and teaches music had read the stories about her former oboe professor, Mark Weiger, being sued for sexual harassment. She had e-mailed him earlier this week. She believed in her heart that he was not guilty. She did not expect the call from a friend telling her he was dead. \"To be honest didn't really feel anything was just sort of like, 'What?'\" Schneider said of her reaction, breaking into tears at the memory. \"He was the person who always thought he would be there.\" Weiger was found dead at 3:41 p.m. Wednesday inside a car in his closed garage at 6 Phyllis Place in Iowa City. Iowa City police Sgt. Troy Kelsay said the emergency call was placed by a male friend who found Weiger in the vehicle. \"To the officers and medical personnel that responded, it was readily apparent that it was a suicide,\" Kelsay said. Kelsay said an autopsy performed Thursday afternoon by the Johnson County medical examiner confirmed that suspicion, revealing that Weiger died of carbon monoxide poisoning. Kelsay also confirmed there was a suicide note, but he did not reveal its contents. Weiger's death comes on the heels of a sexual harassment lawsuit filed last Friday in U.S. District Court for the Southern District of Iowa by former doctoral student and teaching assistant Melissa Rose Walding Milligan. She contended she was the object of Weiger's repeated unwanted verbal and physical conduct of a sexual nature while in the music arts program in 2006-07. It was the second such charge against Weiger, who in 1994 was named in a sexual harassment and discrimination lawsuit by a former graduate student spokesman Steve Parrott said the university will not comment on either accusation. The music professor's death comes fewer than three months after the death of Arthur Miller, another professor who killed himself after being accused of sexual misconduct. University of Iowa President Sally Mason issued a statement Thursday asking that students and faculty pull together in the wake of another campus tragedy. \"We extend our condolences to the family, friends and colleagues of Mark Weiger,\" she said. \"This is a difficult time for our community, and it is essential that we reach out to our students and colleagues in the School of Music to offer our sympathy and whatever other assistance they may need.\" By Stephen Schmidt, The Gazette Gazette Staff/SourceMedia Nov. 14, 2008 8:31 am", "7748_105.pdf": "Toshiki Itoh Two Years Paid Leave, No Spotlight for Professor on Trial for Sexual Abuse by Mike Anderson October 18, 2010 Why you can trust Investigate Midwest In another case involving a University of Iowa faculty member and allegations of sexual misconduct, an assistant professor who has been on paid leave for two years is scheduled to go on trial today to face charges that he assaulted and sexually abused his lab assistant. Toshiki Itoh, 47, a faculty member in the Department of Pathology, draws a salary of $93,000 a year and was put on paid leave after he was charged in 2008. The Johnson County District Attorney\u2019s office charged him on Sept. 10, 2008, with 3 degree sexual abuse and two counts of assault causing bodily injury. Itoh\u2019s lawyer, Patricia C. Kamath, declined to comment on the case. But Itoh has entered a not guilty plea. The sexual abuse charge covers a period from Jan. 1, 2007, through July 10, 2008, and the assaults allegedly occurred on July 8 and July 10 in 2008. rd Toshiki Itoh Jury selection is expected to take up most of the morning. The prosecution and defense may begin presenting their opening statements in the afternoon. While several other cases involving either faculty or university football players received widespread coverage by news organizations, Itoh\u2019s case has received virtually no attention. Two of those other cases, one involving political science professor Arthur Miller, 66, and the other music professor Mark Weiger, were unfolding at the same time as Itoh\u2019s. Miller and Weiger committed suicide in 2008 after the allegations became public third case involved former university football players Abe Satterfield and Cedric Everson, who were accused of sexually abusing a female student athlete at Hillcrest dormitory in October 2007. Satterfield has pleaded guilty to an aggravated misdemeanor assault charge, and Everson is scheduled for trial in January. The charges against Itoh grew out of an emergency call by his lab assistant to university police on July 10, 2008, from a lab at the College of Medicine. When a campus police officer arrived, she found the lab assistant bearing bruises and scratches on her arms and face, a police record in court files say. The police report said the assistant alleged that Itoh had punched her in the face with his closed fist on July 10, because she had missed work the previous day. According to the report, she told authorities she had missed work because Itoh had beat her the day before \u2013 July 8\u2013 for misusing a lab microscope. In the report, she alleged Itoh had been sexually assaulting her since Jan. 1, 2007. Itoh\u2019s Pathology Department web page says he studied to get his M.D. and Ph at Kumamoto University School of Medicine in Japan from 1989 to 1996. He did research at the University of California-Berkeley from 1999 to 2005, when he moved to Iowa City. Since then, he\u2019s done research in the pathology department as an assistant professor. His name is still listed in the university directory. After University of Iowa officials placed him on leave, his lab was closed and phone disconnected, and he was barred from entering campus until further notice, according to Media Relations Director Tom Moore. University officials declined to discuss Itoh\u2019s case, except to confirm his leave of absence. Although university policy routinely allows paid leaves for professors for up to two semesters for research and professional activities, Moore said there is no written policy on granting paid leaves for faculty accused of Itoh Pingback: Tweets that mention Two years paid leave, no spotlight for professor on trial for sexual abuse | The Iowa Center for Public Affairs Journalism -- Topsy.com civil or criminal wrongdoing. But Tom Rice, associate provost for faculty, said giving paid leaves in such cases are justified. \u201cSome people have issues with it,\u201d he said. \u201cBut it is, after all, the right thing to do; you\u2019re innocent until proven guilty.\u201d Two of the other sexual abuse cases embroiled the university in controversy. The charges against the two football players prompted criticism from the Board of Regents over the way the university handled the case and led President Sally Mason to fire two other University employees, both of whom subsequently filed suits to challenge their dismissals. And, the is still fighting a long public records battle with the Iowa City Press- Citizen over its effort to obtain information about the university\u2019s handling of the case. In the case involving Weiger, one of the victims filed a civil suit against the university, alleging that officials did not adequately respond to earlier complaints she had filed against the professor. The university settled her suit in January for $130,000. (Michael Anderson is a senior journalism major at the University of Iowa\u2019s School of Journalism and Mass Communication with a second major in philosophy and a minor in English.) Hey Tocayo, Congrats on your article could use a couple of years paid leave of absence like this guy. If he is found guilty, maybe he should just have to pay all that money back. Abrazotes, Tio Michael October 18, 2010 at 2:27 pm Michael Boarini Pingback Professor assaulted lab assistant many times, victim testifies | The Iowa Center for Public Affairs Journalism Pingback: Fearing loss of job lab assistant kept abuse secret, she testifies | The Iowa Center for Public Affairs Journalism Pingback Professor denies sexual abuse, assault | The Iowa Center for Public Affairs Journalism Pingback: \u2018Irritated\u2019 Judge halts abuse trial as Professor claims self defense | The Iowa Center for Public Affairs Journalism Pingback: Attorneys make final arguments in Itoh case, verdict expected Tuesday | The Iowa Center for Public Affairs Journalism \u00a9 2025 Investigate Midwest Powered by Newspack Wow. What an appalling story! And yet so well written!!! \ud83d\ude42 Bravo Mike, looking good. And am really hooked in now. I\u2019m interested to see how this case ends up hope that truth and justice are served. Congrats on your getting published!! Hugs and love, Jen \u2013 and agree with tio\u2026\u2026 can we make him pay back the money if he is found guilty?!?!? October 19, 2010 at 1:44 pm Cuz Jennifer ;) And thought Iowa was a Golly, Jee Wiz place, but seems you have your madness too\u2026\u2026.. Lots of twisted proffesors, huh?\u2026 well, Maxim Gorkey said once said good man can be stupid and still be good, a bad man must have brains\u201d\u2026..Great article Mike October 19, 2010 at 9:12 pm Patrick King", "7748_106.pdf": "Page 1 of 8 FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) 2/16/2009 From: Doyle, Sheila [BOARD] Sent: Monday, February 16, 2009 11:34 To: Bonnie Campbell ([email protected]); [email protected]; Downer, Robert; Gartner, Michael; Harkin, Ruth; Jack Evans ([email protected]); Johnson, Greta A; Rose Vasquez ([email protected]) Cc: '[email protected]' Subject: FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) Importance: High - From the issue dated February 20, 2009 Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases After 2 suicides, colleagues question university's role By Iowa City Mark O. Weiger was a star oboe professor who had traveled the globe as an artistic ambassador for the U.S. government. But he was also known as the king of raunchy puns. Even when he performed for schoolchildren, the music professor from the University of Iowa couldn't resist slipping in some fart jokes. \"He liked pushing the envelope,\" says his close friend, Alan Huckleberry, an assistant professor of piano at Iowa. Still, few expected it when one of Mr. Weiger's former graduate students filed a sexual-harassment lawsuit over his remarks last November. It was even more shocking when four days later, the professor went into his garage, climbed inside his car, started it up, and let carbon monoxide take his life. He was 49 years old. Mr. Weiger's suicide came just three months after Arthur H. Miller, a noted political-science professor on the same campus, shot and killed himself following charges of sexual harassment. At first, people here called the cases a tragic coincidence don't think either of these acts had anything to do with one another,\" says Linda Maxson, dean of liberal arts and sciences at Iowa. It is true that the men faced very different charges. While Mr. Weiger was accused of creating a hostile environment with foul jokes, Mr. Miller was arrested after students said he had offered them A's for letting him touch their breasts. But the cases are connected in important ways that illustrate the significance of academic reputations and raise questions about how universities handle sexual-harassment allegations. Both men, beloved by students and standouts in their fields, watched themselves transform virtually overnight from venerated professors to suspects. Neither believed he would be able to reclaim his reputation, either in this tight college town or within his discipline. And both felt university administrators had abandoned them in the wake of the charges. Perhaps the stakes for professors are higher than for most people in circumstances like these, maybe because professors have farther to fall. Like many academics, the Iowa professors were accustomed to being held in high acclaim, and their work meant everything to them. When that was threatened, each man felt he'd lost it all. \"He said the allegations had created so much darkness he couldn't see his way out,\" says S. Blake Duncan, an oboist and a minister of music who read Mr. Weiger's suicide note. \"His music was his life Sensational Case Sexual harassment broke into the national consciousness in 1991, when Anita Hill accused Clarence Thomas \u2014 then a nominee to the U.S. Supreme Court \u2014 of having made sexually inappropriate comments to her. The controversy spawned a flood of charges nationwide, including on college campuses. Since then colleges have tried to stem harassment with awareness programs and have created procedures to handle complaints. At the University of Iowa, students have filed 11 sexual-harassment complaints against eight professors over the last five years. Wallace D. Loh, Iowa's provost, says the university walks a fine line when a student accuses a professor of sexual harassment. \"If the question is whether we care about our faculty can tell you we care deeply,\" he says. But Mr. Loh says the university has to remain neutral when charges arise, no matter how lofty a professor's reputation. \"The immediate issue before the university is sexual harassment. It is not whether that professor has an outstanding record of scholarship,\" he says. The university did not publicly support Mr. Weiger or Mr. Miller following the charges because the only issue, says the provost, \"was alleged sexual misconduct.\" Iowa isn't the only university that has struggled to handle this issue. In general, some students say institutions have failed to take their charges of sexual harassment seriously enough, while faculty members have complained that universities have not always offered them a fair hearing. \"Striking the right balance takes a lot of practice, with good procedures and reasoned decision making,\" says Ann H. Franke, a lawyer who runs Wise Results, a consulting company that helps colleges with legal and risk- management issues. \"The more unusual the charges are, the more potentially sensational the case is, and the greater the temptation may be for a university to fall off that balancing line.\" The charges against Professor Miller were certainly sensational. In fact, people who knew him well say the accusations seemed so out of character that they still have trouble believing them. An undergraduate went to the campus security office last May and told an officer that Professor Miller had told her she wasn't doing well in his class on public opinion. She said he told her that if she wanted a better grade, \"she would have to do something for him,\" according to a complaint filed with an Iowa district court. Then, said the complaint, the professor grabbed her breast and sucked on it. Later, the complaint said, Mr. Miller sent the student an e-mail message congratulating her on earning an \"A-plus.\" Page 2 of 8 FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) 2/16/2009 In the following week, campus security officers talked to three other young women who filed similar charges. None of them were identified by name. The image of Mr. Miller squeezing students' breasts and rewarding them with A's was a stark contrast to the well-traveled, cultured man who enjoyed fine wine and good cooking, and whose teaching had been honored by the university with a photo in the library. \"Art was a man who loved the high life,\" says Douglas K. Madsen, a longtime colleague in political science at Iowa. \"For a sophisticated man to have made the kind of approach he is accused of making to these women is just pathetic and not the kind of thing would have thought he'd have ever done Top Scholar Brought Low Mr. Miller's academic specialty was the art of tapping public opinion. He was an expert in conducting scientific surveys, including writing good questions and selecting people to interview. Early in his career, he focused on questions about politics and government in the United States. Later he expanded his research internationally, to Norway and countries in the former Soviet Union. Some of his work was done through the University of Iowa Social Science Institute, which he established shortly after coming here in 1985. In all, his research attracted $2-million in federal grants. \"He'd call me up at 11 at night and ask me to do an emergency regression analysis,\" recalls Thomas F. Klobucar, who completed a doctorate in political science at Iowa and became one of the professor's best friends. \"He was driven by his career.\" Mr. Miller's home, a few miles from the campus, is full of treasures from his international travels: An Uzbek rug lies on the living-room floor, and a hard hat used by coal miners in the Ukraine sits in his home office. Vicki L. Hesli worked with Mr. Miller for 20 years. She is the only female full professor in the political- science department and has served as its director of graduate and undergraduate studies. She would have been an obvious point of contact for any female students who felt uncomfortable with Mr. Miller. But, she says never heard a complaint of any kind.\" In fact, Ms. Hesli says Mr. Miller helped jump-start her own career in the male-dominated field of political science, introducing her to important players and including her in research projects probably would not be where am in the profession were it not for him,\" she says. Mr. Miller's career at Iowa had been so prolific that he was ranked among the 100 most-cited political scientists in the world, according to an article his colleagues wrote after his death for an American Political Science Association journal. And although he was 66 years old, he wasn't slowing down. To stay slim, the professor rode his bike three miles to the campus and did calisthenics at home while listening to National Public Radio. When the university first began investigating the complaints against him, Mr. Miller didn't tell anyone, not even his wife. The university's Office of Equal Opportunity and Diversity had found enough merit in the complaints that it planned to hold a formal hearing on the charges last August, says Mr. Loh, the provost. But a few weeks before the hearing, the campus police came to Mr. Miller's home, put him in handcuffs, and took him to jail. He was charged with soliciting sex for grades, a felony that can carry up to 10 years in jail. Natasha Ivanova, Mr. Miller's widow, says her husband believed the university intended to handle the matter internally and did not realize that campus police were pursuing criminal charges independent of Page 3 of 8 FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) 2/16/2009 the equal-opportunity office's investigation. But the university's security office says following any criminal charges in tandem with university proceedings is standard procedure. \"In my experience, people may know that, but once you're handcuffed and put in back of a car, that's when reality kicks in,\" says Bill Searls, associate director for public safety at Iowa. Still, Mr. Searls acknowledges that at Iowa, arresting a professor is \"very rare.\" Three daily newspapers serve this town, and once Mr. Miller's arrest became public, the charges and his photo seemed to be everywhere. He couldn't go to the grocery store without wondering whether other shoppers had seen his picture in the paper. The publicity was exceedingly painful for Mr. Miller. \"For him, his career was his life, and after all these tremendous years, it was just over,\" says Ms. Ivanova, who talked to The Chronicle one evening at her home after the couple's two young children were in bed. Ms. Ivanova was 30 years younger than Mr. Miller and met him on one of his trips to Kiev. She moved to the United States to work at his social- science institute in 2000 and became the professor's fourth wife three years later. The couple had a son, Marcus, who is 4, and another, Lucas, who was born last April just before the charges against Mr. Miller arose. Ms. Ivanova, who holds an M.B.A., is a feisty woman and wanted her husband to fight the charges. But she says he doubted that after all the exposure he could get a fair hearing, either on the campus or in the courts. \"When people throw all this mud in the air and everyone's talking about it,\" she says, \"he's guilty by default.\" Ms. Ivanova says her husband seemed confused by the sexual-harassment charges, and while he never told her exactly what happened, she believes he was joking with the young women and they misinterpreted his actions and remarks. Mr. Madsen says his former colleague must have panicked as news of the charges spread. The American Political Science Association's annual meeting was scheduled to be held in Boston just a few weeks after Mr. Miller's arrest. \"He would have known full well the stories would circulate throughout that meeting,\" says Mr. Madsen. \"That was a public humiliation that Art couldn't handle 'Vendetta'? To some of Mr. Miller's former students and colleagues who telephoned and e-mailed him in the wake of the arrest, he complained that the sexual-harassment charges had been concocted by Iowa administrators in an attempt to get rid of him. Mr. Miller had already had a few run-ins with Ms. Maxson, the dean. It was she who ordered an outside review of the social-science institute he ran, which determined that the institute was no longer effective and should be closed. Ms. Ivanova says the closure, in 2001, devastated her husband and led to a decline in research money. Mr. Miller made no secret of the fact that he blamed the dean for the institute's disappearance. The relationship between the two became even more strained when Ms. Maxson rebuffed the political- science department's interest in making Mr. Miller its chairman a few years later. \"The record of my interactions with Professor Miller were such that wouldn't be able to work productively with him,\" the dean told The Chronicle. Still, Ms. Maxson says, the idea that she or other administrators orchestrated the sexual-harassment charges against Mr. Miller is ridiculous. Tom W. Rice, chairman of the political-science department, Page 4 of 8 FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) 2/16/2009 says he tried to reach out to the professor. \"Twice offered him whatever help could give him, but he never asked for anything,\" says Mr. Rice. To Mr. Miller, though, the university seemed far from sympathetic. After his arrest, the university banished him from the classroom, and Sally Mason, the university's president, issued a statement saying she would not tolerate the kind of conduct Mr. Miller had been accused of. She also said the case had prompted her to make sexual-harassment -awareness training mandatory for all professors. And while she said that \"every person is entitled to the presumption of innocence,\" she then went on to \"applaud the courage of the student victims in coming forward\" to charge Mr. Miller. President Mason declined to answer questions about her statement, but Ms. Maxson defends it, saying the president had to take a tough stand because Mr. Miller had been \"accused of a very serious infraction of behavioral and legal rules.\" To the professor, his wife, and some of his colleagues, however, it felt like the president was pronouncing him guilty before he had even had a chance to defend himself. On the morning of August 20, Mr. Miller dropped off his 4-year-old son at a day-care center as he always did. Then he made a cellphone call to a local newspaper reporter. In that call, the professor complained that no administrators had inquired about how he was doing in the wake of the charges and that Ms. Maxson had a \"vendetta\" against him. Some time after the call, the professor drove to Hickory Hill Park, just a mile from his home. He left his red in the parking lot with his cellphone and wallet inside and walked into the heavily wooded park with a rifle he'd purchased in June. It took Ms. Ivanova a couple of hours that morning to realize her husband was missing. When he didn't answer his cellphone, she called the police. They staged a two-day search in the park, but it was another search-and-rescue worker who found Mr. Miller's body a few days later. The day her husband disappeared, Ms. Ivanova found an updated will he had left in their home office. With a paper clip, he had attached his credit cards, some cash, and financial records. On the will, Mr. Miller had scrawled a note saying he wanted to apologize for \"the disappointment and the embarrassment\" that the charges had caused his wife and children Hot Potato Mark Weiger and Mr. Miller were neither colleagues nor friends, but Mr. Weiger followed the charges against the political-science professor closely. When President Mason issued the statement calling the students \"victims,\" Mr. Weiger panicked, says Mr. Huckleberry, the piano professor who was Mr. Weiger's friend. The oboe professor also worried the following month when the university fired its own lawyer, Marcus M. Mills, after an independent review found that the university had mishandled a female student's charge that she had been sexually assaulted by two university football players. The review said Mr. Mills was partly responsible for the missteps, but Mr. Mills has said he was a scapegoat. To Mr. Weiger, the two high-profile cases proved that sexual harassment and assault were hot-potato issues on the campus and that the university was willing to sacrifice anyone who made the institution look bad. He wondered, his colleagues say, if after 20 years at Iowa, he would be the next to go. He was concerned because he had himself been the subject of a June 2007 sexual-harassment complaint by a former graduate student. Melissa R. Milligan, who had been recruited by Mr. Weiger the year before to study oboe at Iowa, said the professor had frequently made inappropriate sexual remarks and jokes to her. She also complained that Mr. Weiger had insulted her and said she had watched him inappropriately touch another female student. All of that, she said, had created a hostile learning Page 5 of 8 FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) 2/16/2009 environment and led her to leave the university after a year. Ms. Milligan wouldn't speak to The Chronicle, but Alison Werner Smith, her lawyer, says Ms. Milligan \"expected the workplace, especially in a graduate program, to be professional.\" The university investigated the charges and, according to Mr. Weiger's colleagues, concluded in the fall of 2007 that the oboe professor had indeed made inappropriate remarks. Administrators told Mr. Weiger to watch what he said and required him to undergo antiharassment training, say his colleagues. But although the university had finished its investigation, Mr. Weiger knew the case wasn't necessarily over. Ms. Milligan, who believed the university's punishment amounted to a slap on the wrist, had subsequently filed a complaint with the Iowa Civil Rights Commission. In mid-August of 2008, the commission gave Ms. Milligan a right-to-sue letter and gave her 90 days in which to file a legal complaint. Mr. Weiger was on edge last fall waiting to see if she would follow through, says Mr. Huckleberry Ms. Milligan wasn't the first person to complain about Mr. Weiger's remarks. In 1994 a former graduate student filed a lawsuit that made accusations strikingly similar to Ms. Milligan's. The suit was dropped before it went to trial. Mr. Weiger's friends and colleagues acknowledge that he loved to joke and quip. \"Some of it was Beavis and Butthead,\" says Mr. Huckleberry. But he and others say that Mr. Weiger treated Ms. Milligan no differently than he did any other student and that she returned his banter with equally barbed remarks. Elizabeth A. Young was a doctoral student in oboe and studied under Mr. Weiger a few years before Ms. Milligan arrived. \"Mark did have a tendency to say off-the-wall type of stuff,\" says Ms. Young, an assistant professor of music at Eastern Kentucky University. \"But I'm a Mormon, and I'm a very religious person, and never found him offensive. He was clever and funny.\" Mr. Weiger's former students say that he pushed them to be independent and that sometimes he could be harsh. Some believe that was the real source of Ms. Milligan's discontent. Yet Mr. Weiger's former students and his colleagues also remember him as generous and energetic. He helped new students get situated in Iowa City, going so far as to outfit their kitchens with utensils. \"He was the kind of person who was an advocate for lots and lots of different people,\" says Greg Morton, a bassoonist who earned a doctor of musical arts from Iowa in 1996 and remained a close friend of Mr. Weiger's. \"He would make things happen for people.\" In fact, it was Mr. Weiger who was responsible for evacuating the Voxman Music Building last June when the Iowa campus was hit by a historic flood. The building sits alongside the Iowa River. Mr. Weiger, who was interim director of the school last summer, gathered football players to haul percussion equipment and filing cabinets to higher floors. He offered reassurance to faculty members who were left without offices and found replacements for students whose instruments were destroyed. \"He kept morale up and was an excellent, capable, positive, can-do guy,\" says Alan MacVey, director of Iowa's Division of Performing Arts. The Final Chapter On November 7, just a few days before the deadline, Ms. Milligan filed a lawsuit against both Mr. Weiger and the university in U.S. District Court. The complaint does not offer specific examples of jokes and remarks that offended her, and her lawyer would not elaborate. Page 6 of 8 FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) 2/16/2009 Two nights after she filed suit, Mr. Weiger was having dinner at the home of Kristin Thelander, who directs Iowa's School of Music, when a reporter for the student newspaper called asking Ms. Thelander to comment. In the days that followed, there were articles in the Chicago Tribune, The Des Moines Register, and other newspapers. As for Mr. Miller, the publicity was devastating to Mr. Weiger. He was already concerned about the music school's reputation after the flood had left it homeless. Now the sexual-harassment charges, he feared, would be one more reason good oboe students might bypass Iowa. \"He was one of the most famous oboists in the world, but students were transferring out because of the flood,\" says Mr. Huckleberry. \"Then after the charges, which mother was going to send her daughter to study with him?\" Mr. Weiger had also had his sights set on an associate-provost position at Iowa and was hoping to move up through the administrative ranks. But following the sexual-harassment suit, says Mr. Huckleberry, Mr. Weiger felt \"nobody was going to touch him with a 10-foot pole.\" Mr. Weiger was on sabbatical at home last fall. He wasn't married and lived alone. When some colleagues had trouble getting hold of him on November 12, they called his friend Mr. Huckleberry, who had been concerned that Mr. Weiger was depressed and went right over. He found Mr. Weiger inside his car in the garage. It was out of gas, and Mr. Weiger's body was cold and rigid. Mr. Huckleberry figures the professor climbed into the vehicle sometime late the evening before. Mr. Duncan, the minister, who played in a musical group with Mr. Weiger and went to the professor's home after his suicide, says the professor tried to take care of everything the day before he died. He paid outstanding bills and wrote nine letters of recommendation for students and mailed them out. Then he typed a three-page suicide note. In the note, says Mr. Duncan, Mr. Weiger said he did not want his death to be taken as an admission of guilt. \"But he said he felt he had lost, merely by virtue of being accused,\" says Mr. Duncan believe he had very high personal expectations of himself and an image of himself as highly ethical. He found it really, really difficult that all of the sudden, this stuff was being said about him.\" Mr. Weiger also wrote about feeling betrayed. \"He really put his life and soul into the University of Iowa, and he felt they weren't supporting him as much as he'd wanted them to,\" says Mr. Duncan. Mr. Huckleberry says Mr. Weiger was frustrated because he had placed two calls to the university lawyer's office but no one had called him back. Carroll J. Reasoner, interim vice president for legal affairs, says that there is no record of any telephone calls but that Mr. Weiger did send an e-mail message to the office the day before his body was found, saying he was \"quite distressed\" and asking to speak with someone. The message bounced back an automatic reply because the person he sent it to was out of the office. Iowa has hired some lawyers who are specialists on sexual harassment to help it rewrite its policies. Mr. Loh, the provost, wants the university to consider outsourcing its investigations of sexual harassment so \"there would be increased appearance of impartiality.\" He also wants the university to begin revealing to students the outcomes of investigations \u2014 something the university has not done. Ms. Milligan is still pursuing her lawsuit against the university and against Mr. Weiger's estate. She says the university should have known about Mr. Weiger's offensive behavior and stopped it. The attorney general of Iowa has filed a response on the university's behalf, saying the institution handled her complaint appropriately. Late last month, the music school held a memorial concert for Mr. Weiger, in part to coincide with what Page 7 of 8 FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) 2/16/2009 would have been his 50th birthday. At the service in the Iowa Memorial Union, 200 people listened to songs from Mr. Weiger's solo CD's. The school also played a recording by a quartet called the WiZARDS!, a group Mr. Weiger led and toured with for 16 years. The quartet had recently disbanded, and during his sabbatical, Mr. Weiger was putting the finishing touches on its last CD. Its tentative title: \"The Final Chapter.\" Section: The Faculty Volume 55, Issue 24, Page A1 Copyright \u00a9 2009 by The Chronicle of Higher Education Subscribe | About The Chronicle | Contact us | Terms of use | Privacy policy | Help Page 8 of 8 FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) 2/16/2009"} |
7,902 | Arthur Rizer | West Virginia University | [
"7902_101.pdf",
"7902_102.pdf",
"7902_102.pdf"
] | {"7902_102.pdf": "Unethical Quote Of The Month: Above the Law\u2019s Joe Patrice 22, 2016MARCH 22, 2016 [C]onsensual relationships with adults don\u2019t seem like a big deal. Sure, the conflict of interest of sleeping with someone in your class is deserving of discipline, but, really, in a state where you can marry your sister, is it a fireable offense to hookup with a twenty- something attorney-to-be? Obviously, if there were more serious allegations that would be another matter, but so far we\u2019ve only learned of this more benign brand of misconduct. \u2014-Above the Law writer Joe Patrice, commenting, incompetently, ( sleeping-with-students/? utm_source=hs_email&utm_medium=email&utm_content=27558856&_hsenc=p2ANqtz- 8C_cnHXqxF3Sd7aaBUQIccN_- ( month-above-the-laws-joe-patrice/rizer/) Professor Rizer, the Sam Malone of West Virginia University College of Law\u2026 RLvsfGrZIv9VXRCJRdSu376PFlcbBmrRUgcS37q_OotLm5QwuMW6V3lnDAJwDEtaJBg&_hsmi=27558856) on the firing of Virginia University College of Law Professor Arthur Rizer, for having sexual relations with multiple students. This commentary, from a regular writer for a website that covers law schools, is so ethically obtuse and legally ignorant that he should be fired. \u201cNot a big deal\u201d? Sexual harassment at law firms is a very big deal as well as a very big problem, and a law professor who flagrantly violates an anti-harassment policy like the prohibition against professors treating the student body as their own personal dating bar is teaching that seeking sex with subordinates is culturally acceptable in the legal profession. It isn\u2019t. It never has been. The professor\u2019s conflict of interest is the least of his self-created problems. First, there is no valid consent in such cases. The professor has real and perceived control over students\u2019 academic success and legal career viability. This is classic inequality of power that gives a professor implied leverage over a student\u2019s \u201cconsent\u201d to sexual relations. Moreover, the knowledge that a professor is having sex with students constitutes third-party sexual harassment. Do other students assume that they are expected to have sex with the professor if he requests it? Is the professor looking at female students as mere sex objects? Are students that provide sexual access more likely to get high grades? What happens to students who say \u201cno\u201d? This creates a hostile environment for study and education. If a law professor is suggesting by his own conduct that it is professionally acceptable or ethical for lawyers to have sex with employees, subordinates or clients, he is undermining the education of every student in the institution. The latter, sex with clients, is explicitly prohibited in most states (including West Virginia) and is a serious ethics violation. Sex with subordinates is unprofessional and often constitutes sexual harassment would say it is always sexual harassment. How could this possibly be \u201cnot a big deal\u201d? The only way a law school could send a sufficiently strong message to students and faculty, as well as potential employers of the law school\u2019s grads, regarding the inappropriateness of such conduct is to fire the offending professor. This was mandatory. The fact that other faculty members defended the swinging prof, as Patrice reports, merely shows that the school\u2019s harassing professor problem goes deeper than just Rizer, and that it has some work to do. I\u2019m hardly surprised. Finally, could there be a more intellectually bankrupt, foolish, ignorant argument for permitting sexual predator professors than \u201creally, in a state where you can marry your sister\u201d? Does Joe understand that professors have different ethical standards than, say, hillbillies? That lawyers have higher ethical standards than laypersons? That the proper analogy, in incest terms, for lawyers having sex with subordinates and teachers having sex with students isn\u2019t cousins marrying, for cousins have equal status and power, but parents marrying their children, \u201cconsensually,\u201d of course. Obviously Joe doesn\u2019t understand this, or sexual harassment, or professionalism, or much of anything, based on this post. Of course Professor Rizer should have been fired. Patrice\u2019s flippant article is incompetent, misleading, and a disgrace. Education, Ethics Alarms Award Nominee, Ethics Dunces, Ethics Quotes, Gender and Sex, Journalism & Media, Law & Law Enforcement, Professions, The Internet, Workplace 9 thoughts on \u201cUnethical Quote Of The Month: Above the Law\u2019s Joe Patrice\u201d 1. Steve-O-in 22, 2016 1:25 Ah, the Pelican Brief revisited, where the student who\u2019s #2 in the class is doing the ace (drunk) professor and she isn\u2019t his first, since \u201cusually the women came to law school liberated and loose 2. Patrice 22, 2016 1:33 Whew, for a second thought what did do Jack Marshall 22, 2016 1:41 That\u2019s funny wondered if you would think that 3. Other Bill 22, 2016 2:37 It drives me crazy when people say teachers having sex with students is okay. Particularly when women say things like, \u201cYou\u2019re never going to stop it from happening.\u201d It\u2019s such a massive violation of a really important trust, the relationship between teacher and student. Second only to that between parent and child 4. Dan Abrams 22, 2016 6:12 Lawyers in at least can have sex with clients if the legal representation is outside of the domestic relations context, and no coercion is involved and the sex is not part of the consideration for entering into the attorney client relationship. That being said agree with you \u2014 the professor/student relationships are only cool in Woody Allen movies Jack Marshall 22, 2016 6:48 New York\u2019s sex with clients rule is a joke in the profession 5. Ing 22, 2016 10:19 Third-party sexual harassment? That makes no sense to me. Knowing someone has done something wrong and is getting away with it doesn\u2019t mean that person has done anything to you. If that\u2019s a thing, then should be able to sue Hillary Clinton for third-party corruption. (Hey, suddenly this concept looks better Jack Marshall 22, 2016 10:52 Well established in the law. Think about it: a female employee sees a male boss treat his female staff like a harem.Watching sexual harassment or others creates a hostile work environment. Here: cgi?article=1210&context=hlelj Other Bill 23, 2016 3:40 In one of the firms worked for, one of the named partners was doing one of the paralegals for years until her husband finally found out. It finally explained why she was paid more than most of the associates were paid. What a joke This site uses Akismet to reduce spam. Learn how your comment data is processed."} |
7,412 | Joshua Young Moon | Liberty University | [
"7412_101.pdf",
"7412_102.pdf",
"7412_103.pdf",
"7412_101.pdf",
"7412_102.pdf",
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] | {"7412_101.pdf": "6 , 2 0 1 0 Liberty University professor sentenced to 6 months for groping student in office former Liberty University professor was sentenced to 6 months in jail and 5 years suspended by a Lynchburg judge Friday for molesting a 21 year old student of his. Joshua Young Moon, 45 and of Durham, NC, molested a then 21 year old student April 21 while she fell asleep during a massage in his office. Moon, her statistics professor, massaged her to relieve injuries suffered during a car crash. Before being sentenced, Moon apologized to the woman, her family and his family and friends. Moon\u2019s wife offered tearful testimony on his behalf during the hearing, saying she was still proud of him. She staggered when trying to return to her seat and had to be helped by a deputy. Moon, 45, of Durham, N.C., said he did not intend to hurt the woman, and asked for forgiveness. He said his only hope now would be to live the rest of his life as a useful member of society wish could go back and do things differently,\u201d he said. His defense attorney, Randy Trost, said the \"socially naive and sexually inexperienced\" professor misinterpreted the woman's massage request and help she got on exams as welcoming the groping. He said that his client's psychological testing indicated a low likelihood of further sexual assaults. Assistant Commonwealth\u2019s Attorney Rebecca Wetzel said that Moon was a sexual predator because he used his influence to do the same thing to two victims present in the courtroom. \"This defendant is a minister and held a position of trust and authority at Liberty University.\" She also said that Moon acted out the bondage and massage porn he stored and viewed on his computer at Liberty University. \"The defendant took advantage of the fact he had a sleeping woman in his office to act out a pornographic act,\u201d said Wetzel 9 - 2 6 - 0 9 , 4 : 3 0 I'm a man, born 9- 26-80, trying to highlight the fact that sexual assault and domestic abuse occurs with people over 18 as well as under 18 1011A E. Locust St. Milwaukee 53212-2637 (414) 372-8729 (414) 517-6817 justabrother (at) gmail.com justabrother (at) sbcglobal.net More Create Blog Sign In Y. Posts Comments Newer Post Older Post Judge Mosby Perrow ordered Moon, who was behind bars after pleading guilty on January 22, to pay for the woman's counseling, serve 2 years of supervised probation, and register as a sex offender and undergo sex offender treatment. He was also orderd to have no contact with the victim or children outside of his family. \u201cIf could give you five years for what you\u2019ve done to your wife would give you five years for that, too,\u201d he said 6:44 LABELS: 18-24 VICTIM, 40 : Post a Comment Home Subscribe to: Post Comments (Atom Asha Family Services (Milwaukee) Black Survivors Byron Hurt Primo Center For Women & Children (Chicago) The Institute on Domestic Violence in the African American Community Adults Abused By Clergy Bishop Blair Knew Of Priest's Sexual Sin Call to Criminalize Sexual Exploitation Of Women By Clergy City Of Angels 5 Crusade Against Clergy Abuse Educating To End Abuse Piety Inc. Report Abuse - Survivors Network Of Those Abused By Priests Stop Baptist Predators Take Courage Tamar's Voice The Hope Of Survivors Bad Breeders Behind The Blue Wall Black & Missing - But Not Forgotten Cops & Courts Court Tracker Crime Scene Dreamin' Demon Drew Peterson Case Holly's Fight To Stop Violence Lost In Lima Ohio Lucifer Effect Murphy's Law Net Crimes & Misdemeanors People You'll See In Hell Perverted Primates Predators Psycho For Love Sadly Normal Sex Crimes Sexual Abuse Claims Blog The Crime Scene The Weekly Vice True Crime Report Vigilant Antis What About Our Daughters Adult Sexual Assault (Massachusetts) Law Enforcement Guidelines 2009 American Community Correctonal Institute - Life Skills Association For The Treatment Of Sexual Abusers Chapter 940 of statutes (includes sexual assault laws) Delaware Sex Offenders - Programs & Criminal Justice System Outcomes (pdf) Difference between Treatment & Psychotherapy Dr. Stanton Samenow Dru Sjodin National Sex Offender Registry Explanation of Michigan's laws (pdf) Indiana Sex Crime Laws Intro to Corrective Thinking Therapy Karen Franklin, Ph.D. New Jersey's Adult Luring Statute - An Appropriate Next Step Counseling & Treatment Program Guidelines (pdf) Overview of Minnesota crimes Report To The Ohio Criminal Sentencing Commission - Sex Offenders (pdf) Sentencing Guidelines (WI) (pdf) - 1st degree sex assault Sentencing Guidelines (WI) (pdf) 2nd degree sex assault Sex Crimes & Penalties In Wisconsin (pdf) Sex Offender Assessment & Treatment Sex Offender Classification & Treatment In Ohio Prisons (pdf) Thinking Errors Truthought Undetected Rapists Department Of Justice Attorney's Offices Victim Empathy Wisconsin Sex Offender Manual (pdf \"Misty\" victim impact statement Absolute Zero United Anny Jacoby Dastardly Dads Explaining Pedophilia (Web MD) Incest Chilling Report (pdf) KlassKids Foundation For Children Let Go - Let Peace Come In Letters To My Abusers National Center For Missing & Exploited Children Pound Pup Legacy Reproductive & Health Issues Among Women With History Of Childhood Abuse (pdf) Sexual Abuse & Incest Shattered Souls Statute Of Limitation Reform Stop Child Predators Stop Child Sexual Abuse Stop It Now! The Effects Of (pdf) The Ultimate Evil Understanding and Protecting Your Child From Child Molesters & Predators (pdf) We Are Survivors What Is Considered Child Sexual Abuse ? Why Adult/Child Sex Is Wrong (pdf Statewide Profile Of Abuse Of Older (Massachusetts) Women (pdf) About Abusers Abuse Of Power Alabama Coalition Against Domestic VIolence Battered Women, Battered Children, Custody Abuse Beyond Observation (pdf) Centre For Research & Education on Violence Against Women & Children Coercive Control Is Domestic Violence, Too Domestic Abuse Helpline For Men And Women Domestic Homicides In The News Everything You Need to Know About Domestic Violence But Were Afraid to Ask Know More Say More Lori Girshick Love & Stockholm Syndrome National Coalition Against Domestic Violence National Domestic Violence Hotline Power & Control Reporting Requirements of Competent Adult VIctims of (pdf) Springtide Resources Stop Family Violence Susan Murphy Milano The Ultimate Program Violence Against Women & Children News Central Why Wives Go Missing Women's Resources Ask Dan & Jennifer Betty Dodson With Carlie Ross Carnal Nation Funky Brown Chick Hani Miletski In The Den With Dr. Jenn Man & Wife Naked With Socks On National Sexuality Resource Center Nerve.com Sexuality And You Sins Invalid The Frisky Your Tango Beyond Borders Canada Coalition Against Trafficking In Women International Polaris Project Prostitution Sucks About Sexual Assault Abuse & Trauma In Women's Lives Abuse in Intimate Relationships Abusers Are Imposters Abusive & Controlling Relationships Abusive Love Adult Sexual Assault (pdf) Adult Victims Of Sexual Assault Age of Consent states only) All Rape Is Real Rape An Abuse, Rape and Domestic Violence Aid and Resource Collection Are You Involved With Psychopath? Beyond Reasonable Doubt: The Rape/Consent Spectrum And Restorative Justice/ Common, Everyday Sociopaths Defining Rape (PowerPoint) Emotional Aftereffects Of Rape Facts & Myths Concerning Sexual Assault Fighting Sexual Assault On Campus Means Culture Change For The Record Gender, Power, & Sexuality - First, Do No Harm Glossary of Sex Offender Management Terms (pdf) Gray Rape Groth's Rapist Characteristics Guidelines For Sexual Consent (pdf) Healing For Women Hebephile Characteristics How To Spot Dangerous Man Insights Into Sexual Assault Perpetration Institute For Relational Harm Reduction International Perspective of Partner Abuse Jane Doe - The Massachusetts Coalition Against Sexual Assault And Domestic Violence Lundy Bancroft Male violence & Male Privilege (pdf) Mary Parrish Center For Victims Of Domestic & Sexual Violence (Nashville, TN) More rape stats (Pittsburgh Action Against Rape) National Sexual Violence Resource Center sex assault links Papers on therapist/patient sexual abuse Porn & Rape Prevalance, Incidence, and Consequence of Profile Of An Online Predator Rape & Sexual Assault Rape & Sexual Assault Overview Rape - healing is possible Rape By Fraud & Rape By Coercion (pdf) Rape Categories Research Summaries on Male/Female Relations Safe Dating Seduction Tips - Adult Grooming? Sexual Assault Rervictimization (pdf) Sexual Assault Statistics (RAINN) Sexual Harassment Support Sexual Images of the Disabled: Law Aims to Protect the Legally Incompetent Sexual Predator Behavior Sexual Revictimization Sexual Victimization of College Women Sociopath World Standards for Providing Services to Survivors Of Sexual Assault (New Jersey) Stolen Smiles (pdf) Sucessfully Investigating & Prosecuting Non-Stranger Sexual Assault (pdf) The \"Romantic\" Predator The Damage Caused By Sexual Abuse The Rebecca Project The Social Construciton Of Rape In The Talk Of Convicted Rapist The Treatment Of Rapists Measure Of Prevention (pdf) Violence Against Women - Outcome Complexity and Implications For Assessment & Treatment (pdf) Violence Against Women Online Resources We're Telling What Men Can Do to Prevent Sexual Assault (pdf) What's New In Rape Prevalence Why Abuse Survivors Attract The Wrong Sort Of People Women's Sexual Pressure Tactics Extorting Sex With a Badge Leila Grace National Prison Rape Elimination Commission Final Report (pdf) Police Domestic Violence Sexual Misconduct By Public Safety Officers is a Job For Us Staff Sexual Misconduct With Inmates (pdf) Stop Prison Rape 1 in 3 1 in 6 Shrink For Men Abuse Of Men In Northern Ireland Intimate Partner Relationships (pdf) Anonymummies' Blog Attorney - Legal System Favors Female Sexual Predators Can Man Be Raped By Woman? Cycle Of Violence Female Sex Offenders Female Sex Offenders Reveal Cultural Double Standard Female Sexual Abuse - Society's Last Taboo Female Sexual Abuse Of Children - The Ultimate Taboo (pdf) Gay Men's Domestic Violence Project Heart 2 Heart How a Borderline Personality Disorder Love Relationship Evolves Intimate Partner Abuse Against Men Male Abuse Victims Suffer From Crime & Stereotype Male Survivor Men & Sexual Assault Men Abused By Women (pdf) Richard Gartner Sexually Abused Men, Sexually Abused Boys Spousal Abuse Is Crime Straight Guise The Abusive Woman (pdf) The Female Narcissist The Psycholgical Impact of Sexual Abuse (pdf) What About The Boys? What About When Mom Is The Abuser? When Men Are Sexually Assaulted Bring Bri Justice Don't Even Get Me Started Dru's Voice Justice For Jane Justice For Kristan Kelsey's Army Lane Judson Lavena Johnson Lindsay Anne Burke Memorial Fund The Ally Foundation The Brian Shaver Story Tina's Story True Justice Aftermath - Surviving Psychopathy Downing Duck (pdf) Game Over Love, Sex, Your Brain, & Sociopaths Pathological Relationships Robert Hare The Damage They Do (Narcissistic men) The Narcissist In Your Life The Sociopath As Romantic Partner Abigail's - Christian Women's Support Abused Adult Resource Center (Bismarck, ND) Adult Victims Of Sexual Abuse Alice Vachss Andrea Dworkin Andrew Vachss Aurora Sinai Medical Center (Milwaukee, WI) Sexual Assault Treatment Center Boone County (MO) Shelter California Coalition Against Sexual Assault California Rape Crisis Links Canadian Association Of Sexual Assault Centers Child & Woman Abuse Unit (UK) Connecticut Sexual Assault Crisis Services, Inc. Council on Sexual Assault and Domestic Violence Domestic Violence Database Dr. Anna Salter Dr. Diana Russell Faith Trust Institute Florida Coalition Against Sexual Violence Holla Back NYC! How To Tell If Guy Is Jerk It Happened To Alexa Jane Doe - The Masachusetts Coalition Against Sexual Assault & Domestic Violence Joyful Heart Foundation Kali Munro (Toronto therapist) Kelly & Becca London (ON) Abused Women's Centre Men Can Stop Rape Men Stopping Violence Mothers Of Lost Children New Beginnings Shelter Alliance Against Sexual Assault Ozark Rape Crisis Partners in Prevention Project Sister Range Women's Advocates (Duluth, MN) Rape Is... Rape Trauma Services (San Mateo, CA) Rape, Abuse, and Incest National Network Resource For Recourse Safer Online Dating Alliance Sandra Brown Sexual Aggression Peer Advocates Sexual Assault Surveillance System Sexual Assault Treatment Center (Broward County, FL) Sexual Exploitation By Professionals Shelter From The Storm Silent Witness Initiative Sojourner Truth House (Milwaukee, WI) Standing Together Against Rape (Alaska) Surviving Parents Coalition Survivors And Friends Texas Association Against Sexual Assault Blog The Jamie Lee Foundation The National Center for Missing Adults The Women's Shelter (Waukesha, WI) Unite For Change Vancouver (BC) Rape Relief & Women's Shelter Where's The Outrage? Womansavers Women Organized Against Rape (Philadelphia, PA) Women's Advocates, Inc. (St. Paul, MN) Women's Resource Center You Are Target By McLean Graves Dark Daughta Depraved Mindset Grow Up Now Heartless Bitches International Hugo Schwyzer New Black Man The Blackbird Whistling, Or Just After The Daily Beast The Grio Womanist Musings Aphrodite Wounded Fact Sheet - Wife Rape Hidden Hurt - Marital Rape Intimate Partner Sexual Abuse (pdf) Is It Rape When Your Husband Does It? Marital Rape Marital Rape - New Research & Directions Raped By Partner (pdf) Real Rape, Real Pain Risk Assessment & Intimate Partner Sexual Abuse (pdf) Sexual Assault In Marriage Black Monday Continuing Concerns about Sexual Misconduct Doctor's Trust Don't Call It Consent - Being Groomed For Sex No Sex - No Excuse Surviving Therapist Abuse - Therapy Exploitation Link Line Therapist Abuse Husband's Story Sex Addiction Has Devastating Effects Sex & Love Addicts Anonymous Addicted To Love Signs and Characteristics of Love Addiction Consent and Coercion Cyberpaths Intentional Sex Torts Lovefraud Lovefraud Store Men's Reactions to Female Sexual Coercion Predicting the use of Sexual Initiation Tactics By College Women Predictors Of Sexual Coercion Against Women & Men (pdf) Sexual Coercion & Reproductive Health (pdf) Sexual Coercion Awareness & Prevention Sexual Coercion in Heterosexual Dating Relationships The Psychology Of Partner Sexual Coercion (pdf) Women's Sexual Coercion Tactics (pdf Abyss2hope Angela Shelton Anne Caroline Drake Build to Blend Daleen Berry Danni Moss Olga Trujillo Pandora's Aquarium Randi James Remodel4life Robin D. Stone Survivors & Victims Empowered The Jamie Leigh Foundation We Are Adult Survivors Of Childhood Abuse & Neglect Are Schools The Perfect Employer For Sexual Predators? Bad Bad Teacher Christiansburg teen describes relationship with teacher Hidden Violations Hot For Teacher? Jail Beta Mary Kay On The Loose Mom of Minor In Teacher-Student Sex Case Speaks Out Sexual Harassment (pdf Sex, Lies, And Phys Ed (pdf) Sexual harassment Or Consensual Sexual relations? She Undressed Was Way Out Of My Depth Teacher Crimes Teacher Gets Week In Jail For Sex Abuse Of Student 30 Years Ago Teachers and Trash Education Teachers Today Must Act Like Adults Again When Beauty Is The Beast 0-6 victim 12-18 perp 12-18 victim 18-24 perp 18-24 victim 24-30 perp 24-30 victim 30's perp 30's victim 40's perp 40's victim 50's perp 50's victim 6-12 victim 60's perp 60's victim 70's perp 70's victim 80's perp 80's victim 90's victim abortion acquaintance acquitted acupuncturist ad campaign administrative sanctions affair airplane animal cruelty appeal arraignment arrest arson at large attempt attempted murder attempted rape Australia Bahamas banishment betrayal of trust bludgeoning bombing bond reduction hearing border guards bosses boyfriend brazil Britain British Virgin Islands burglary cabbie Canada captured caregivers caseworker chaplain child neglect child porn chiropractor civil commitment coaches coercion cold cases college compensation confinement congress conviction counselors court apperance court-martial Craigslist dangerous offender date rape Dear Abby death penalty denied appeal dental assistant deportation deposition developmental disabilities doctors dropped dropped charges drowning drugs Egypt electrocution essays exploitation extreme porn false charges father father-in-law federal fem-fem fem-male fetish fiance fighting back fired firefighter fitness trainer flashing flee France fugitive gang rape Germany girlfriend groping guilty guilty by bench trial guilty by jury guilty plea hate crime hired hit and run exposure homeless hospital hostage husband impersonator incest indecent exposure India indictment inspector institution intimate sexual exploitation introduction Iraq Ireland Israel Italy jail guards Japan Joseph Blue judges kidnapping Korea laws lawsuit lawyer legal ruling legislation life loophole love triangle maiming male-fem male-male manslaughter marital rape massage therapist medical mental mexico Milwaukee Serial Killings misdemeanor missing persons mission statement mistrial multiple multiple perpetrators multiple victims murder murder for hire myths Nailah naughty professors naughty teachers necrophilia negligent homicide New Zealand no contest not guilty nurse's aides nurses obscene calls offensive touching official misconduct online online safety opinion paramedics pastor personal trainers photographers physical assault plea poisoning police politicians predatory tactics prevention prison employees prison guards probation probation officer prosecutor prostitution psychologist racism rant rape rape by fraud rape kits rape myths recovery reduced charges repeat research robbery Saudi Arabia scalding scandal schools security sentencing serial serial killer settlement sex trafficing sexual abuse sexual activity sexual assault sexual coercion sexual harassment sheriff shooting soldier son South Africa sports stabbing stalking statistcs statistics stepfather stories strangulation suicide Sweden sweet deal teacher's aides thinking errors torture trial unlawful restraint vigilante voyeurism wife \u25ba 2011 (81) \u25bc 2010 (187) \u25ba December (3) \u25ba November (4) \u25ba October (5) \u25ba September (21) \u25ba August (19) \u25ba July (13) \u25ba June (25) \u25ba May (11) \u25ba April (23) \u25bc March (14) Woman sentenced to life without parole for shootin... Dog killer gets 6 years prison, 4 years extended s... Most cases of prison sexual misconduct involve fem... Stalker of Reporter gets 2 1/2 years in feder... Suburban Toronto police officer charged with physi... Criminal with history of violence sentenced to lif... Pottstown (PA) teacher convicted of corruption of ... Teacher gets 11.5 to 23 months in prison for \"affa... Ex-officer sentenced to 10-12 years for rape \"Husband\" gets 5 years for infecting wife with 20 years to life for cyanide death of wife Liberty University professor sentenced to 6 months... \"Wife\" sentenced to 5 years probation for murder-f... Louisville ex sentenced to a dozen years in wi... \u25ba February (39) \u25ba January (10) \u25ba 2009 (324) \u25ba 2008 (584) \u25ba 2007 (70", "7412_102.pdf": "Durham man indicted on sex charge By ABC11 Tuesday, July 7, 2009 LYNCHBURG, Va. Joshua Young Moon is charged with one count of object sexual penetration. His trial is scheduled for September 28. The university fired Moon after he was charged in April with a crime involving one of his students. The student, who is a rising senior, said she took a statistics class from Moon. She testified that he gave her pressure-point massages several times for chronic pain she suffered from a car wreck. She said she fell asleep once and awoke to find Moon touching her inappropriately. Moon remains free on bond. Copyright \u00a9 2025 WTVD-TV. All Rights Reserved Duke tips off Tournament Championship bid at Lenovo Center Updated an hour ago Durham man on way to dialysis dies after hit by driver in stolen car Family devastated after cruise line wrongfully says teen can't board Updated an hour ago Trump says Musk shouldn't get war plans after Pentagon visit Updated an hour ago Tar Heels and Rebels fight for respect going into tourney matchup Updated an hour ago 3-judge panel hears arguments in Supreme Court challenge DoorDash will let users buy now, pay later for fast food Topics Home Weather More Weather Alert Flood Warning Latest 7-day forecast ABC11 Troubleshooter ABC11 Together Magic of Storytelling Podcast 24/7 Live 60\u00b0 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 Raleigh-Durham. All Rights Reserved. Traffic Watch Photos Apps Regions Raleigh Durham Fayetteville Surrounding Area More Content U.S. & World North Carolina ABC11 I-Team ABC11 Troubleshooter Entertainment Sweepstakes Company About ABC11 Contact Us Send us your photos & videos ABC11 Together Events Calendar Listings Jobs", "7412_103.pdf": "former Liberty University professor has pleaded guilty to a charge of inappropriately touching a female student. LYNCHBURG, Va former Liberty University professor has pleaded guilty to a charge of inappropriately touching a female student. Joshua Young Moon of Durham, N.C., entered his plea Friday in Lynchburg to a single count of aggravated sexual battery. At a preliminary hearing in June, the student testified that Moon gave her pressure-point massages several times for chronic pain. She said she fell asleep once and awoke to find Moon touching her inappropriately. Former Liberty professor admits sex charge Author Staff Published: 3:55 January 22, 2010 Updated: 3:55 January 22, 2010 Family of Boeing whistleblower files lawsuit Ad 1 of 1 Ad 1 of 1 \uf04c 00:00 / 00:00 \uf026 \uf064 x Crash shuts down I-77 in both directions in Iredell County More (1) \u00bb Moon could be sentenced to 20 years in prison at his March 5 sentencing. He is being held without bond. TradeTitanMedia | Sponsored Receive Free Alerts about Stocks with this New Algorithm Learn More Goaitrademarket | Sponsored $200 investment in Amazon CFDs could open the door to a valuable secondary income. Learn More leaffilterguards | Sponsored Here\u2019s What a 6-Hrs Gutter Upgrade Should Cost You In 2025 Learn More PaperStock | Sponsored How can you generate additional income by investing with our signal system? Learn More SearchTopics | Search Ads | Sponsored Empty Alaska Cruise Cabins For Sale Now (See Prices Waxhaw pastor charged with child sex assault She visited her husband in prison. Investigators say she died there ARTICLE..."} |
8,174 | William Jacoby | Michigan State University | [
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"8174_107.pdf",
"8174_108.pdf"
] | {"8174_101.pdf": "find professor sexually harassed grad students Associated Press Published 10:19 a.m Jan. 14, 2019 Lansing \u2014 Investigations conducted by Michigan State University and the University of Michigan found a political science professor sexually harassed graduate students. The Lansing State Journal reports that Michigan State hired a consulting firm last year to investigate allegations against William Jacoby. One former student alleged he propositioned her to start an affair, while another told investigators Jacoby asked for sexual favors in return for academic guidance on her research. Michigan State\u2019s report says the evidence shows a \u201cdistinct pattern of behavior.\u201d The University of Michigan\u2019s report also concluded that Jacoby violated the university\u2019s sexual harassment policy. Jacoby has denied the allegations. He says the University of Michigan\u2019s report is biased and incomplete. He says he\u2019s looking into appealing the Michigan State report. Jacoby retired from Michigan State on Jan. 1.", "8174_103.pdf": "View Comments He Denied Sexual Harassment Allegations In An Academic Journal. Now Two Universities Have Found Against Him. William Jacoby set off a storm of protest last year when he used the journal he edited to rebut allegations of sexual harassment. Peter Aldhous BuzzFeed News Reporter Posted on January 18, 2019 at 8:50 am Subscribe to BuzzFeed Daily Newsletter William Jacoby sexually harassed Rebecca Gill, the University of Michigan found. Michigan State University, University of Nevada, Las Vegas Last April, William Jacoby, a political scientist at Michigan State University (MSU), used the website of American Journal of Political Science to dismiss allegations of sexual harassment as \u201cfalse\u201d and \u201cunfounded.\u201d But now both and the University of Michigan, where Jacoby taught at a research methods summer school, have concluded that he violated their harassment policies by propositioning graduate students In a report finished last October, the University of Michigan concluded that in 2002, Jacoby asked an attendee at the summer school, Rebecca Gill, now an associate professor at the University of Nevada, Las Vegas, to have an affair with him. MSU\u2019s report, completed earlier this month, concluded that in 2012 or 2013 he propositioned a graduate student for sexual favors in exchange for his guidance on her research. The student, whose name is redacted in a copy of the report obtained by BuzzFeed News, alleged that Jacoby said: \u201cYou can\u2019t expect me to do something for nothing, quid pro quo.\u201d Jacoby, who is known for his studies of the \u201cculture wars\u201d and political polarization in the US, retired from on Jan. 1. He denies both allegations. The University of Michigan\u2019s conclusion was \u201cbased on a biased and incomplete consideration of the evidence that was presented,\u201d Jacoby told BuzzFeed News by email. \u201cWith respect to the report continue to deny that accusation as well\u2026 Currently am considering my appeal options.\u201d The University of Michigan said it could not comment on investigations as a matter of policy. Jacoby last taught at a summer school it hosts on campus, the Inter-university Consortium for Political and Social Research (ICPSR) summer program, in 2017, before the allegations became public. He also was a member of the advisory committee for the summer school, which is run by his wife, Saundra Schneider \u201cWe do not anticipate having William Jacoby participate in any future summer programs,\u201d University of Michigan spokesperson Rick Fitzgerald told BuzzFeed News by email. \u201cHe is no longer a member of the advisory committee said that it could not comment at this time. \u201cWhile there was a finding, any decisions regarding corrective action or sanctions for the respondent will not be made until the conclusion of the appeal process spokesperson Emily Gerkin Guerrant told BuzzFeed News by email. Gill is also appealing MSU\u2019s investigation report, which concluded there was \u201cinsufficient\u201d evidence that Jacoby retaliated against her after the allegation became public. Gill maintains that Jacoby\u2019s rebuttal, published in the American Journal of Political Science, amounted to retaliation because it effectively branded her a liar. The controversy was widely discussed on social media, with many researchers outraged that an editor would use a journal in this way. \u201cThe discipline certainly viewed that as an abuse of power and retaliatory,\u201d Gill told BuzzFeed News. Jacoby stepped down as editor shortly after the post, which was quickly removed from the journal\u2019s website Spring Cyber Week Wayfair Canada Everly Quinn Boucle Fabric Arm Chair\u2026 $899.99 $1,139.99 Shop Now third woman, Valerie Sulfaro, a political scientist at James Madison University in Virginia, also filed complaints against Jacoby with the University of Michigan and MSU. She was a graduate student in Jacoby\u2019s department at the University of South Carolina in the early 1990s, and also participated in the summer school. She had a sexual relationship with Jacoby, and told BuzzFeed News that she felt pressured to do so because of his influence on her career. Sulfaro said that she spoke to investigators at the University of Michigan last summer but has heard nothing since. \u201cThey have not contacted any of my witnesses,\u201d she said. \u201cThey haven\u2019t told me that they\u2019ve ended the investigation Leading Political Scientist Used An Academic Journal To Deny Allegations of Sexual Harassment. Now He\u2019s Resigned As Its Editor. Michigan State's Interim President Will Resign After Saying Larry Nassar's Victims Are Enjoying \"The Recognition\" a brand. \u00a9 2025 BuzzFeed, Inc Press Privacy Consent Preferences User Terms Accessibility Statement Ad Choices Help Contact Sitemap Peter Aldhous BuzzFeed News Reporter Comments Share your thoughts Be One of the First to Comment", "8174_105.pdf": "( William Jacoby is one of 262 celebrities, politicians, CEOs, and others who have been accused of sexual misconduct since April 2017 DOM\u00cdNGUEZ C\u00c1RDENAS D\u00cdAZ Updated: Jan. 9, 2019 Update July 16, 2021: This list was created in 2017 as a way to represent the scope of the Me Too movement. Though the list, compiled from news reports, could never be exhaustive, the goal was to document the range of people across industries who were the subject of sexual misconduct reports. The list was updated periodically until February 2020; it has not been updated since then. In the intervening period, some of the people on this list have faced legal or professional consequences, while in other cases, further action was not supported or taken. While the Me Too movement continues to have an impact, this list is not an ongoing record of allegations and their outcomes; rather, it is meant as a snapshot of a particular moment in time. The list was updated periodically until February 2020, and is no longer being updated regularly. Harvey Weinstein. Mario Batali. Louis C.K. As the Me Too movement gained prominence, more than 250 powerful people \u2014 celebrities ( spacey-sexual-assault-allegations-house-of-cards), politicians ( moore-republican-party), CEOs ( sexual-misconduct-terdema-ussery-earl-k-sneed-mark-cuban), and others \u2014 were the subject of sexual harassment ( politics/2017/4/19/15361182/bill-oreilly-fox-harassment-allegations-fired), assault ( weinstein-sexual-harassment-assault-accusations), or other misconduct ( thrush-new-york-times) allegations. At the movement\u2019s height, more survivors came forward nearly every day, many of them inspired and emboldened by those who had gone before. Vox compiled a list of influential people from a variety of industries who faced new public accusations of sexual misconduct after Fox News host Bill O\u2019Reilly was forced to resign in April 2017. The list was updated periodically until January 2019, and is no longer being updated regularly. We decided to start our list with O\u2019Reilly because his departure from Fox helped set the stage for reports against Harvey Weinstein \u2014 which, in turn, helped raise awareness around the Me Too movement ( harvey-weinstein-harassment-assault) and kick off the reckoning around sexual misconduct that continues to this day, in Hollywood ( harassment-hollywood-metoo), Washington ( and-politics/2018/1/30/16933376/congress-sexual-harassment-fix-bill), and around the country. Many (though not all) of the people accused have denied the allegations. Some say the reported behavior never happened, while others argue that their behavior was not intended to be sexual. Those who reported they were harassed, assaulted, or subjected to misconduct, however, have often said it affected them deeply, leaving some with lasting trauma and sometimes forcing them from their chosen careers. The Me Too movement and its impact ( movement-sexual-harassment-law-2019) are ongoing, and the list below is only a snapshot of the allegations that became public during a particular moment in time. Click to view the accused in the following fields: Arts & Entertainment 101 Media 57 Business & Tech 18 Politics 46 Other 40 Arts & Entertainment There are 101 people in this category. Select a name or scroll down to view all: Publicly reported December 2018 Frankie Shaw (/a/sexual-harassment-assault-allegations-list/frankie-shaw) Michael Weatherly (/a/sexual-harassment-assault-allegations-list/michael-weatherly) September 2018 Steven Wilder Striegel (/a/sexual-harassment-assault-allegations-list/steven-wilder-striegel) August 2018 Gerard Depardieu (/a/sexual-harassment-assault-allegations-list/gerard-depardieu) Chase Finlay (/a/sexual-harassment-assault-allegations-list/chase-finlay) Asia Argento (/a/sexual-harassment-assault-allegations-list/asia-argento) July 2018 Rick Day (/a/sexual-harassment-assault-allegations-list/rick-day) June 2018 Chris Hardwick (/a/sexual-harassment-assault-allegations-list/chris-hardwick) May 2018 Morgan Freeman (/a/sexual-harassment-assault-allegations-list/morgan-freeman) Luc Besson (/a/sexual-harassment-assault-allegations-list/luc-besson) Boyd Tinsley (/a/sexual-harassment-assault-allegations-list/boyd-tinsley) Ameer Vann (/a/sexual-harassment-assault-allegations-list/ameer-vann) Junot D\u00edaz (/a/sexual-harassment-assault-allegations-list/junot-diaz) April 2018 Allison Mack (/a/sexual-harassment-assault-allegations-list/allison-mack) Nicholas Nixon (/a/sexual-harassment-assault-allegations-list/nicholas-nixon) March 2018 John Kricfalusi (/a/sexual-harassment-assault-allegations-list/john-kricfalusi) Sherman Alexie (/a/sexual-harassment-assault-allegations-list/sherman-alexie) February 2018 Jeff Franklin (/a/sexual-harassment-assault-allegations-list/jeff-franklin) Philip Berk (/a/sexual-harassment-assault-allegations-list/philip-berk) Daniel Handler (/a/sexual-harassment-assault-allegations-list/daniel-handler) Patrick Demarchelier (/a/sexual-harassment-assault-allegations-list/patrick-demarchelier) Seth Sabal (/a/sexual-harassment-assault-allegations-list/seth-sabal) Andre Passos (/a/sexual-harassment-assault-allegations-list/andre-passos) Greg Kadel (/a/sexual-harassment-assault-allegations-list/greg-kadel) David Bellemere (/a/sexual-harassment-assault-allegations-list/david-bellemere) Karl Templer (/a/sexual-harassment-assault-allegations-list/karl-templer) Vincent Cirrincione (/a/sexual-harassment-assault-allegations-list/vincent-cirrincione) Paul Marciano (/a/sexual-harassment-assault-allegations-list/paul-marciano) January 2018 Charlie Walk (/a/sexual-harassment-assault-allegations-list/charlie-walk) Scott Baio (/a/sexual-harassment-assault-allegations-list/scott-baio) David Copperfield (/a/sexual-harassment-assault-allegations-list/david-copperfield) Barry Lubin (/a/sexual-harassment-assault-allegations-list/barry-lubin) Michael Douglas (/a/sexual-harassment-assault-allegations-list/michael-douglas) Joel Kramer (/a/sexual-harassment-assault-allegations-list/joel-kramer) Bruce Weber (/a/sexual-harassment-assault-allegations-list/bruce-weber) Mario Testino (/a/sexual-harassment-assault-allegations-list/mario-testino) Aziz Ansari (/a/sexual-harassment-assault-allegations-list/aziz-ansari) James Franco (/a/sexual-harassment-assault-allegations-list/james-franco) Stan Lee (/a/sexual-harassment-assault-allegations-list/stan-lee) Ben Vereen (/a/sexual-harassment-assault-allegations-list/ben-vereen) Paul Haggis (/a/sexual-harassment-assault-allegations-list/paul-haggis) Albert Schultz (/a/sexual-harassment-assault-allegations-list/albert-schultz) Dan Harmon (/a/sexual-harassment-assault-allegations-list/dan-harmon) December 2017 Dustin Marshall (/a/sexual-harassment-assault-allegations-list/dustin-marshall) T.J. Miller (/a/sexual-harassment-assault-allegations-list/t-j-miller) Morgan Spurlock (/a/sexual-harassment-assault-allegations-list/morgan-spurlock) Jon Heely (/a/sexual-harassment-assault-allegations-list/jon-heely) Melanie Martinez (/a/sexual-harassment-assault-allegations-list/melanie-martinez) Bryan Singer (/a/sexual-harassment-assault-allegations-list/bryan-singer) Peter Martins (/a/sexual-harassment-assault-allegations-list/peter-martins) James Levine (/a/sexual-harassment-assault-allegations-list/james-levine) November 2017 Israel Horovitz (/a/sexual-harassment-assault-allegations-list/israel-horovitz) Geoffrey Rush (/a/sexual-harassment-assault-allegations-list/geoffrey-rush) Jean-Claude Arnault (/a/sexual-harassment-assault-allegations-list/jean-claude-arnault) John Lasseter (/a/sexual-harassment-assault-allegations-list/john-lasseter) Murray Miller (/a/sexual-harassment-assault-allegations-list/murray-miller) Sylvester Stallone (/a/sexual-harassment-assault-allegations-list/sylvester-stallone) Ron Jeremy (/a/sexual-harassment-assault-allegations-list/ron-jeremy) Andy Henry (/a/sexual-harassment-assault-allegations-list/andy-henry) Jesse Lacey (/a/sexual-harassment-assault-allegations-list/jesse-lacey) Tom Sizemore (/a/sexual-harassment-assault-allegations-list/tom-sizemore) Mark Schwahn (/a/sexual-harassment-assault-allegations-list/mark-schwahn) Peter Aalb\u00e6k Jensen (/a/sexual-harassment-assault-allegations-list/peter-aalbaek-jensen) Eddie Berganza (/a/sexual-harassment-assault-allegations-list/eddie-berganza) Richard Dreyfuss (/a/sexual-harassment-assault-allegations-list/richard-dreyfuss) Gary Goddard (/a/sexual-harassment-assault-allegations-list/gary-goddard) Andrew Kreisberg (/a/sexual-harassment-assault-allegations-list/andrew-kreisberg) George Takei (/a/sexual-harassment-assault-allegations-list/george-takei) Steven Seagal (/a/sexual-harassment-assault-allegations-list/steven-seagal) Louis C.K. (/a/sexual-harassment-assault-allegations-list/louis-c-k) Matthew Weiner (/a/sexual-harassment-assault-allegations-list/matthew-weiner) Russell Simmons (/a/sexual-harassment-assault-allegations-list/russell-simmons) Robert Knepper (/a/sexual-harassment-assault-allegations-list/robert-knepper) Jeffrey Tambor (/a/sexual-harassment-assault-allegations-list/jeffrey-tambor) Ed Westwick (/a/sexual-harassment-assault-allegations-list/ed-westwick) Adam Venit (/a/sexual-harassment-assault-allegations-list/adam-venit) Danny Masterson (/a/sexual-harassment-assault-allegations-list/danny-masterson) Nick Carter (/a/sexual-harassment-assault-allegations-list/nick-carter) Brett Ratner (/a/sexual-harassment-assault-allegations-list/brett-ratner) Dustin Hoffman (/a/sexual-harassment-assault-allegations-list/dustin-hoffman) October 2017 Andy Dick (/a/sexual-harassment-assault-allegations-list/andy-dick) Jeremy Piven (/a/sexual-harassment-assault-allegations-list/jeremy-piven) Kevin Spacey (/a/sexual-harassment-assault-allegations-list/kevin-spacey) Kirt Webster (/a/sexual-harassment-assault-allegations-list/kirt-webster) Ken Baker (/a/sexual-harassment-assault-allegations-list/ken-baker) Ethan Kath (/a/sexual-harassment-assault-allegations-list/ethan-kath) James Toback (/a/sexual-harassment-assault-allegations-list/james-toback) David Blaine (/a/sexual-harassment-assault-allegations-list/david-blaine) Chris Savino (/a/sexual-harassment-assault-allegations-list/chris-savino) Bob Weinstein (/a/sexual-harassment-assault-allegations-list/bob-weinstein) Tyler Grasham (/a/sexual-harassment-assault-allegations-list/tyler-grasham) Lars von Trier (/a/sexual-harassment-assault-allegations-list/lars-von-trier) Roy Price (/a/sexual-harassment-assault-allegations-list/roy-price) Oliver Stone (/a/sexual-harassment-assault-allegations-list/oliver-stone) Ben Affleck (/a/sexual-harassment-assault-allegations-list/ben-affleck) Nelly (/a/sexual-harassment-assault-allegations-list/nelly) Harvey Weinstein (/a/sexual-harassment-assault-allegations-list/harvey-weinstein) August 2017 Hadrian Belove (/a/sexual-harassment-assault-allegations-list/hadrian-belove) Shadie Elnashai (/a/sexual-harassment-assault-allegations-list/shadie-elnashai) Roman Polanski (/a/sexual-harassment-assault-allegations-list/roman-polanski) July 2017 Robert \"R.\" Kelly (/a/sexual-harassment-assault-allegations-list/robert-r-kelly) Media There are 57 people in this category. Select a name or scroll down to view all: Publicly reported August 2018 Les Moonves (/a/sexual-harassment-assault-allegations-list/les-moonves) July 2018 Kimberly Guilfoyle (/a/sexual-harassment-assault-allegations-list/kimberly-guilfoyle) Antonin Kratochvil (/a/sexual-harassment-assault-allegations-list/antonin-kratochvil) Christian Rodriguez (/a/sexual-harassment-assault-allegations-list/christian-rodriguez) April 2018 Tom Brokaw (/a/sexual-harassment-assault-allegations-list/tom-brokaw) March 2018 Michael Ferro (/a/sexual-harassment-assault-allegations-list/michael-ferro) February 2018 Alex Jones (/a/sexual-harassment-assault-allegations-list/alex-jones) Ryan Seacrest (/a/sexual-harassment-assault-allegations-list/ryan-seacrest) Daniel Zwerdling (/a/sexual-harassment-assault-allegations-list/daniel-zwerdling) January 2018 Patrick Witty (/a/sexual-harassment-assault-allegations-list/patrick-witty) Dayan Candappa (/a/sexual-harassment-assault-allegations-list/dayan-candappa) Robert Moore (/a/sexual-harassment-assault-allegations-list/robert-moore) Ross Levinsohn (/a/sexual-harassment-assault-allegations-list/ross-levinsohn) James Rosen (/a/sexual-harassment-assault-allegations-list/james-rosen) Kevin Braun (/a/sexual-harassment-assault-allegations-list/kevin-braun) Steve Butts (/a/sexual-harassment-assault-allegations-list/steve-butts) H. Brandt Ayers (/a/sexual-harassment-assault-allegations-list/h-brandt-ayers) December 2017 Adrian Carrasquillo (/a/sexual-harassment-assault-allegations-list/adrian-carrasquillo) Andrew Creighton (/a/sexual-harassment-assault-allegations-list/andrew-creighton) Mike Germano (/a/sexual-harassment-assault-allegations-list/mike-germano) Rhys James (/a/sexual-harassment-assault-allegations-list/rhys-james) Jason Mojica (/a/sexual-harassment-assault-allegations-list/jason-mojica) Don Hazen (/a/sexual-harassment-assault-allegations-list/don-hazen) Leonard Lopate (/a/sexual-harassment-assault-allegations-list/leonard-lopate) Jonathan Schwartz (/a/sexual-harassment-assault-allegations-list/jonathan-schwartz) Tavis Smiley (/a/sexual-harassment-assault-allegations-list/tavis-smiley) Ryan Lizza (/a/sexual-harassment-assault-allegations-list/ryan-lizza) Marshall Faulk (/a/sexual-harassment-assault-allegations-list/marshall-faulk) Ike Taylor (/a/sexual-harassment-assault-allegations-list/ike-taylor) Heath Evans (/a/sexual-harassment-assault-allegations-list/heath-evans) Eric Weinberger (/a/sexual-harassment-assault-allegations-list/eric-weinberger) Donovan McNabb (/a/sexual-harassment-assault-allegations-list/donovan-mcnabb) Tom Ashbrook (/a/sexual-harassment-assault-allegations-list/tom-ashbrook) Dylan Howard (/a/sexual-harassment-assault-allegations-list/dylan-howard) Lorin Stein (/a/sexual-harassment-assault-allegations-list/lorin-stein) John Hockenberry (/a/sexual-harassment-assault-allegations-list/john-hockenberry) November 2017 Matt Lauer (/a/sexual-harassment-assault-allegations-list/matt-lauer) Garrison Keillor (/a/sexual-harassment-assault-allegations-list/garrison-keillor) Charlie Rose (/a/sexual-harassment-assault-allegations-list/charlie-rose) Glenn Thrush (/a/sexual-harassment-assault-allegations-list/glenn-thrush) Matt Zimmerman (/a/sexual-harassment-assault-allegations-list/matt-zimmerman) Kaj Larsen (/a/sexual-harassment-assault-allegations-list/kaj-larsen) Vince Ingenito (/a/sexual-harassment-assault-allegations-list/vince-ingenito) Jann Wenner (/a/sexual-harassment-assault-allegations-list/jann-wenner) Michael Hafford (/a/sexual-harassment-assault-allegations-list/michael-hafford) David Corn (/a/sexual-harassment-assault-allegations-list/david-corn) October 2017 Michael Oreskes (/a/sexual-harassment-assault-allegations-list/michael-oreskes) Hamilton Fish (/a/sexual-harassment-assault-allegations-list/hamilton-fish) Mark Halperin (/a/sexual-harassment-assault-allegations-list/mark-halperin) Leon Wieseltier (/a/sexual-harassment-assault-allegations-list/leon-wieseltier) Knight Landesman (/a/sexual-harassment-assault-allegations-list/knight-landesman) Lockhart Steele (/a/sexual-harassment-assault-allegations-list/lockhart-steele) September 2017 Harry Knowles (/a/sexual-harassment-assault-allegations-list/harry-knowles) Charles Payne (/a/sexual-harassment-assault-allegations-list/charles-payne) August 2017 Eric Bolling (/a/sexual-harassment-assault-allegations-list/eric-bolling) April 2017 Sean Hannity (/a/sexual-harassment-assault-allegations-list/sean-hannity) Bill O'Reilly (/a/sexual-harassment-assault-allegations-list/bill-o-reilly) Business & Tech There are 18 people in this category. Select a name or scroll down to view all: Publicly reported October 2018 Andy Rubin (/a/sexual-harassment-assault-allegations-list/andy-rubin) Richard DeVaul (/a/sexual-harassment-assault-allegations-list/richard-devaul) Amit Singhal (/a/sexual-harassment-assault-allegations-list/amit-singhal) August 2018 Demos Parneros (/a/sexual-harassment-assault-allegations-list/demos-parneros) February 2018 Terdema Ussery (/a/sexual-harassment-assault-allegations-list/terdema-ussery) January 2018 Steve Wynn (/a/sexual-harassment-assault-allegations-list/steve-wynn) December 2017 Max Ogden (/a/sexual-harassment-assault-allegations-list/max-ogden) Harold Ford Jr. (/a/sexual-harassment-assault-allegations-list/harold-ford-jr) Sam Isaly (/a/sexual-harassment-assault-allegations-list/sam-isaly) November 2017 Shervin Pishevar (/a/sexual-harassment-assault-allegations-list/shervin-pishevar) Howie Rubin (/a/sexual-harassment-assault-allegations-list/howie-rubin) October 2017 Caleb Jennings (/a/sexual-harassment-assault-allegations-list/caleb-jennings) Robert Scoble (/a/sexual-harassment-assault-allegations-list/robert-scoble) Scott Courtney (/a/sexual-harassment-assault-allegations-list/scott-courtney) June 2017 Chris Sacca (/a/sexual-harassment-assault-allegations-list/chris-sacca) Dave McClure (/a/sexual-harassment-assault-allegations-list/dave-mcclure) Justin Caldbeck (/a/sexual-harassment-assault-allegations-list/justin-caldbeck) Travis Kalanick (/a/sexual-harassment-assault-allegations-list/travis-kalanick) Politics There are 46 people in this category. Select a name or scroll down to view all: Publicly reported November 2018 Eric Bauman (/a/sexual-harassment-assault-allegations-list/eric-bauman) October 2018 Albert J. Alvarez (/a/sexual-harassment-assault-allegations-list/albert-j-alvarez) September 2018 Charles Schwertner (/a/sexual-harassment-assault-allegations-list/charles-schwertner) Brett Kavanaugh (/a/sexual-harassment-assault-allegations-list/brett-kavanaugh) David Keyes (/a/sexual-harassment-assault-allegations-list/david-keyes) August 2018 Tom Frieden (/a/sexual-harassment-assault-allegations-list/tom-frieden) Nick Sauer (/a/sexual-harassment-assault-allegations-list/nick-sauer) July 2018 Corey Coleman (/a/sexual-harassment-assault-allegations-list/corey-coleman) Mel Watt (/a/sexual-harassment-assault-allegations-list/mel-watt) Curtis Hill (/a/sexual-harassment-assault-allegations-list/curtis-hill) May 2018 Eric Schneiderman (/a/sexual-harassment-assault-allegations-list/eric-schneiderman) Clay Johnson (/a/sexual-harassment-assault-allegations-list/clay-johnson) April 2018 Tony C\u00e1rdenas (/a/sexual-harassment-assault-allegations-list/tony-cardenas) Benton Strong (/a/sexual-harassment-assault-allegations-list/benton-strong) Benjamin Sparks (/a/sexual-harassment-assault-allegations-list/benjamin-sparks) February 2018 Nicholas Kettle (/a/sexual-harassment-assault-allegations-list/nicholas-kettle) Ed Crane (/a/sexual-harassment-assault-allegations-list/ed-crane) Cristina Garcia (/a/sexual-harassment-assault-allegations-list/cristina-garcia) January 2018 Burns Strider (/a/sexual-harassment-assault-allegations-list/burns-strider) Patrick Meehan (/a/sexual-harassment-assault-allegations-list/patrick-meehan) Jeffrey Klein (/a/sexual-harassment-assault-allegations-list/jeffrey-klein) Eric Greitens (/a/sexual-harassment-assault-allegations-list/eric-greitens) December 2017 Corey Lewandowski (/a/sexual-harassment-assault-allegations-list/corey-lewandowski) Andrea Ramsey (/a/sexual-harassment-assault-allegations-list/andrea-ramsey) Bobby Scott (/a/sexual-harassment-assault-allegations-list/bobby-scott) Ed Murray (/a/sexual-harassment-assault-allegations-list/ed-murray) Dan Johnson (/a/sexual-harassment-assault-allegations-list/dan-johnson) Alex Kozinski (/a/sexual-harassment-assault-allegations-list/alex-kozinski) Trent Franks (/a/sexual-harassment-assault-allegations-list/trent-franks) Borris Miles (/a/sexual-harassment-assault-allegations-list/borris-miles) Carlos Uresti (/a/sexual-harassment-assault-allegations-list/carlos-uresti) Matt Dababneh (/a/sexual-harassment-assault-allegations-list/matt-dababneh) Rub\u00e9n Kihuen (/a/sexual-harassment-assault-allegations-list/ruben-kihuen) November 2017 Blake Farenthold (/a/sexual-harassment-assault-allegations-list/blake-farenthold) John Conyers (/a/sexual-harassment-assault-allegations-list/john-conyers) Wesley Goodman (/a/sexual-harassment-assault-allegations-list/wesley-goodman) Al Franken (/a/sexual-harassment-assault-allegations-list/al-franken) Jeff Kruse (/a/sexual-harassment-assault-allegations-list/jeff-kruse) Calvin Smyre (/a/sexual-harassment-assault-allegations-list/calvin-smyre) Steve Lebsock (/a/sexual-harassment-assault-allegations-list/steve-lebsock) Roy Moore (/a/sexual-harassment-assault-allegations-list/roy-moore) Dwayne Duron Marshall (/a/sexual-harassment-assault-allegations-list/dwayne-duron-marshall) Tony Mendoza (/a/sexual-harassment-assault-allegations-list/tony-mendoza) October 2017 Raul Bocanegra (/a/sexual-harassment-assault-allegations-list/raul-bocanegra) George H.W. Bush (/a/sexual-harassment-assault-allegations-list/george-h-w-bush) Donald Trump (/a/sexual-harassment-assault-allegations-list/donald-trump) Other There are 40 people in this category. Select a name or scroll down to view all: Publicly reported September 2018 Cody Wilson (/a/sexual-harassment-assault-allegations-list/cody-wilson) August 2018 Ron Carlson (/a/sexual-harassment-assault-allegations-list/ron-carlson) Avital Ronell (/a/sexual-harassment-assault-allegations-list/avital-ronell) June 2018 Francisco Ayala (/a/sexual-harassment-assault-allegations-list/francisco-ayala) Mark Mellor (/a/sexual-harassment-assault-allegations-list/mark-mellor) May 2018 Roland G. Fryer, Jr. (/a/sexual-harassment-assault-allegations-list/roland-g-fryer-jr) George Tyndall (/a/sexual-harassment-assault-allegations-list/george-tyndall) April 2018 William Jacoby (/a/sexual-harassment-assault-allegations-list/william-jacoby) March 2018 William Strampel (/a/sexual-harassment-assault-allegations-list/william-strampel) Keith Raniere (/a/sexual-harassment-assault-allegations-list/keith-raniere) Bill Hybels (/a/sexual-harassment-assault-allegations-list/bill-hybels) Robert Reece (/a/sexual-harassment-assault-allegations-list/robert-reece) Mike Isabella (/a/sexual-harassment-assault-allegations-list/mike-isabella) February 2018 Jorge Dom\u00ednguez (/a/sexual-harassment-assault-allegations-list/jorge-dominguez) Lawrence Krauss (/a/sexual-harassment-assault-allegations-list/lawrence-krauss) Michael Feinberg (/a/sexual-harassment-assault-allegations-list/michael-feinberg) Earl K. Sneed (/a/sexual-harassment-assault-allegations-list/earl-k-sneed) Sean Hutchison (/a/sexual-harassment-assault-allegations-list/sean-hutchison) Alec Klein (/a/sexual-harassment-assault-allegations-list/alec-klein) January 2018 Paul Shapiro (/a/sexual-harassment-assault-allegations-list/paul-shapiro) Wayne Pacelle (/a/sexual-harassment-assault-allegations-list/wayne-pacelle) John Kenneally (/a/sexual-harassment-assault-allegations-list/john-kenneally) Mohamed Muqtar (/a/sexual-harassment-assault-allegations-list/mohamed-muqtar) Jeremy Tooker (/a/sexual-harassment-assault-allegations-list/jeremy-tooker) Andy Savage (/a/sexual-harassment-assault-allegations-list/andy-savage) December 2017 Charlie Hallowell (/a/sexual-harassment-assault-allegations-list/charlie-hallowell) Brad Kern (/a/sexual-harassment-assault-allegations-list/brad-kern) Ken Friedman (/a/sexual-harassment-assault-allegations-list/ken-friedman) Mario Batali (/a/sexual-harassment-assault-allegations-list/mario-batali) November 2017 Larry Nassar (/a/sexual-harassment-assault-allegations-list/larry-nassar) Andr\u00e9 Balazs (/a/sexual-harassment-assault-allegations-list/andre-balazs) October 2017 Todd Heatherton (/a/sexual-harassment-assault-allegations-list/todd-heatherton) William Kelley (/a/sexual-harassment-assault-allegations-list/william-kelley) Paul Whalen (/a/sexual-harassment-assault-allegations-list/paul-whalen) Erick Guerrero (/a/sexual-harassment-assault-allegations-list/erick-guerrero) John Besh (/a/sexual-harassment-assault-allegations-list/john-besh) David Marchant (/a/sexual-harassment-assault-allegations-list/david-marchant) September 2017 T. Florian Jaeger (/a/sexual-harassment-assault-allegations-list/t-florian-jaeger) April 2017 Cristiano Ronaldo (/a/sexual-harassment-assault-allegations-list/cristiano-ronaldo) October 2014 Neil deGrasse Tyson (/a/sexual-harassment-assault-allegations-list/neil-degrasse-tyson) Back to 1 / 101 Frankie Shaw (/a/sexual-harassment-assault-allegations- list/frankie-shaw) Creator and star, Showtime's Publicly reported December 17, 2018 Multiple staffers have said she mishandled sex scenes, and one says she took off her own shirt in a dispute over onscreen nudity. Sources/more info: 1 ( \u201cShe uses this idea of being feminist and a progressive as camouflage.\u201d \u2014 anonymous staffer ( claims-1170077) Michael Weatherly (/a/sexual-harassment-assault-allegations- list/michael-weatherly) Actor, CBS's Bull Publicly reported December 13, 2018 co-star says he made inappropriate comments to her, including a rape joke. After she confronted him, she was written off the show. Sources/more info: 1 ( \u201cMy story is true and it\u2019s really affected me.\u201d \u2014 Eliza Dushku, actress ( harassment.html) Steven Wilder Striegel (/a/sexual-harassment-assault- allegations-list/steven-wilder-striegel) Actor Publicly reported September 6, 2018 woman has said he sexually abused her when she was 14. He pleaded guilty to two felonies in 2010 in connection with the allegations, and served six months in jail. 20th Century Fox has deleted a scene featuring him from The Predator. Sources/more info: 1 ( 2 ( story.html have no shame for what was done to me am not the one who needs to carry that shame.\u201d \u2014 Paige Carnes, who reported that Striegel abused her ( 20180912-story.html) Gerard Depardieu (/a/sexual-harassment-assault-allegations- list/gerard-depardieu) Actor Publicly reported August 30, 2018 An actress has said he raped her. French authorities are investigating. Sources/more info: 1 ( 2 ( \u201cThe actress told police she had been assaulted by the actor twice this month at Depardieu\u2019s home in Paris.\u201d \u2014 the New York Magazine vertical The Cut ( Chase Finlay (/a/sexual-harassment-assault-allegations- list/chase-finlay) Former principal dancer, New York City Ballet Publicly reported August 28, 2018 woman said he shared naked pictures of her without her consent. He has left the New York City Ballet. Sources/more info: 1 ( 2 ( \u201c[Finlay] had been secretly recording and saving explicit photographs and videos of [Alexandra Waterbury] while she was without clothing and/or while the two were engaged in sexual activities.\u201d \u2014 lawsuit filed by Alexandra Waterbury against New York City Ballet ( Asia Argento (/a/sexual-harassment-assault-allegations- list/asia-argento) Actress, director, #MeToo advocate Publicly reported August 19, 2018 man says she sexually assaulted him when he was 17. She has been fired from Factor Italy. Sources/more info: 1 ( 2 ( utm_source=twitter) 3 ( \u201cMy trauma resurfaced as she came out as a victim herself.\u201d \u2014 Jimmy Bennett, actor ( assault-claim-1136667?utm_source=twitter) Rick Day (/a/sexual-harassment-assault-allegations-list/rick- day) Photographer Publicly reported July 24, 2018 Multiple men have reported sexual assault or other sexual misconduct by Day during photo shoots. Sources/more info: 1 ( 2 ( [Day] \u201cgot way too handsy on just about every part of my body.\u201d \u2014 Zach Zakar, model ( assault/#gs.Eq88fT8) Chris Hardwick (/a/sexual-harassment-assault-allegations- list/chris-hardwick) Co-founder, Nerdist; host, Talking with Chris Hardwick Publicly reported June 14, 2018 woman has said he sexually assaulted and emotionally abused her suspended his show, but has reinstated it after an investigation. Sources/more info: 1 ( 2 ( 3 ( \u201cI\u2019m still recovering from being sexually used.\u201d \u2014 Chloe Dykstra, actress ( Morgan Freeman (/a/sexual-harassment-assault-allegations- list/morgan-freeman) Actor; co-founder, Revelations Entertainment Publicly reported May 24, 2018 Eight women have alleged sexual harassment and \u201cinappropriate behavior,\u201d including sexually charged remarks and unwanted touching. Sources/more info: 1 ( \u201cWe knew that if he was coming by \u2026 not to wear any top that would show our breasts, not to wear anything that would show our bottoms.\u201d \u2014 senior production staff member on the film Now You See Me ( freeman-accusations/index.html) Luc Besson (/a/sexual-harassment-assault-allegations-list/luc- besson) Director Publicly reported May 19, 2018 Multiple people have said he raped, sexually assaulted, or sexually harassed them. French police are investigating the rape allegation. Sources/more info: 1 ( 2 ( became his private Barbie doll whom he could control, dress and break.\u201d \u2014 Sand Van Roy, actress ( france-1202869487/) Boyd Tinsley (/a/sexual-harassment-assault-allegations- list/boyd-tinsley) Violinist; former member, Dave Matthews Band; member, Crystal Garden Publicly reported May 17, 2018 man has sued Tinsley, saying Tinsley subjected him to unwanted touching and masturbated in front of him, among other unwanted behavior, while they were bandmates in Crystal Garden. Tinsley has been fired from the Dave Matthews Band. Sources/more info: 1 ( 2 ( \u201c[H]e was masturbating next to me while was sleeping, and he had his hand on my ass\u201d \u2014 James Frost-Winn, trumpet player ( Ameer Vann (/a/sexual-harassment-assault-allegations- list/ameer-vann) Rapper; former member, Brockhampton Publicly reported May 11, 2018 Two women have said he was verbally abusive or emotionally manipulative to them in relationships, and others have made secondhand allegations that he had sex with underage girls. He has since left Brockhampton and the group has issued an apology. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cNot only is he a predator and cheater, he also degrades women\u201d \u2014 Rhett Rowan, singer-songwriter ( allegations/) Junot D\u00edaz (/a/sexual-harassment-assault-allegations- list/junot-diaz) Author; creative writing professor Publicly reported May 4, 2018 woman has reported that he forcibly kissed her, and others have said he subjected them to misogynistic or verbally abusive behavior. He has resigned as chair of the Pulitzer Prize Board, and has launched an investigation. Sources/more info: 1 ( 2 ( 3 ( 4 ( was an unknown wide-eyed 26 yo, and he used it as an opportunity to corner and forcibly kiss me.\u201d \u2014 Zinzi Clemmons, author ( Allison Mack (/a/sexual-harassment-assault-allegations- list/allison-mack) Actress Publicly reported April 24, 2018 She has been charged with sex trafficking in connection with allegations that she recruited women to become \u201cslaves\u201d in the group Nxivm. Sources/more info: 1 ( 2 ( \u201cMs. Mack was one of the top members of a highly organized scheme which was designed to provide sex to [Nxivm co-founder Keith Raniere]\" \u2014 assistant attorney Moira Penza ( know.html) Nicholas Nixon (/a/sexual-harassment-assault-allegations- list/nicholas-nixon) Photographer; former photography professor, Massachusetts College of Art and Design Publicly reported April 4, 2018 Multiple former students have said that Nixon made inappropriate comments, sent them inappropriate emails, or asked them to pose nude. He has retired from MassArt and is the subject of a Title investigation. Sources/more info: 1 ( far/9O4Yyd0CBlGSiW33Tb8tcI/story.html) 2 ( \u201cIt felt like the conversation always led back to sex.\u201d \u2014 anonymous, to the Boston Globe ( classroom-how-far-too-far/9O4Yyd0CBlGSiW33Tb8tcI/story.html) John Kricfalusi (/a/sexual-harassment-assault-allegations- list/john-kricfalusi) Creator, The Ren & Stimpy Show Publicly reported March 29, 2018 One woman has said Kricfalusi sexually abused her when she was a minor, while another says he subjected her to sexually inappropriate behavior when she was a minor and later sexually harassed her. Cartoon Network and Adult Swim have said they will not work with him in future. Sources/more info: 1 ( bftwnews&utm_term=.ffGE92N2A#.whxjWOpO0) \u201cMy entire life had been suspended in John\u2019s since was fourteen.\u201d \u2014 Robyn Byrd, professor ( bftwnews&utm_term=.ffGE92N2A#.whxjWOpO0) Sherman Alexie (/a/sexual-harassment-assault-allegations- list/sherman-alexie) Author Publicly reported March 5, 2018 Multiple women have reported that he made inappropriate comments or unwanted advances toward them. He has declined a literary prize and delayed the publication of an upcoming memoir. Sources/more info: 1 ( 2 ( declines-literary-prize) 3 ( amid-sexual-harassment-claims [\u2026] felt that he had so much power that should probably not make a fuss about this.\u201d \u2014 Elissa Washuta, author ( the-record) Jeff Franklin (/a/sexual-harassment-assault-allegations- list/jeff-franklin) Former showrunner, Fuller House Publicly reported February 28, 2018 He has been accused of making inappropriate comments about his sex life in the workplace, and giving women he dated bit parts on Fuller House. He has been dropped from the show, and his deal with Warner Bros. will not be renewed. Sources/more info: 1 ( \u201cStudio executives were warned that Franklin \u2018was a walking lawsuit waiting to happen.\u2019\u201d \u2014 Cynthia Littleton, Variety ( Philip Berk (/a/sexual-harassment-assault-allegations- list/philip-berk) Former president, Hollywood Foreign Press Association Publicly reported February 22, 2018 man has reported that Berk groped him. The is investigating the incident. Sources/more info: 1 ( 2 ( felt ill felt like a little kid felt like there was a ball in my throat thought was going to cry.\u201d \u2014 Brendan Fraser, actor ( Daniel Handler (/a/sexual-harassment-assault-allegations- list/daniel-handler) Author, also known as Lemony Snicket Publicly reported February 21, 2018 Multiple women say he made inappropriate sexual comments in front of and about them. Sources/more info: 1 ( \u201cIt was way over the line, and made me feel smaller.\u201d \u2014 Allie Jane Bruce, children's librarian ( metoo) Patrick Demarchelier (/a/sexual-harassment-assault- allegations-list/patrick-demarchelier) Photographer Publicly reported February 16, 2018 Multiple women have said he made unwanted advances toward them. The magazine publisher Cond\u00e9 Nast has stopped working with him \u201cfor the foreseeable future.\u201d Sources/more info: 1 ( \u201cIt hurts my heart so much to think of how many girls, many my own daughter\u2019s age who have had to fend off or give in to his advances because didn\u2019t speak up at the time.\u201d \u2014 anonymous, in an email to a modeling group ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Seth Sabal (/a/sexual-harassment-assault-allegations-list/seth- sabal) Photographer Publicly reported February 16, 2018 Multiple women have said he sexually harassed them. Sources/more info: 1 ( \u201cThree models have accused Sabal of sexual harassment during the mid-2000s.\u201d \u2014 Jenn Abelson and Sacha Pfeiffer, Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Andre Passos (/a/sexual-harassment-assault-allegations- list/andre-passos) Photographer Publicly reported February 16, 2018 woman has said he inserted his fingers into her vagina during a shoot when she was a teenager. Sources/more info: 1 ( \u201cFormer model Dasha Alexander said she was 15 when he inserted his fingers in her vagina while taking her picture about 20 years ago, saying it would give the photos \u2018more emotion.'\u201d \u2014 Jenn Abelson and Sacha Pfeiffer, Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Greg Kadel (/a/sexual-harassment-assault-allegations- list/greg-kadel) Photographer Publicly reported February 16, 2018 Multiple women have said he made unwanted advances when they were teenagers, while another said he pressured her to strip naked. Cond\u00e9 Nast and Victoria\u2019s Secret have stopped working with him. Sources/more info: 1 ( \u201cKadel helped the teenager land gig after gig with Victoria\u2019s Secret, all while subjecting her to ongoing harassment, she said, until she refused to work with him\u201d \u2014 Jenn Abelson and Sacha Pfeiffer, Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) David Bellemere (/a/sexual-harassment-assault-allegations- list/david-bellemere) Photographer Publicly reported February 16, 2018 Multiple women have reported that he subjected them to unwanted touching and other inappropriate behavior. Victoria\u2019s Secret has cut ties with him. Sources/more info: 1 ( felt like had no choices.\u201d \u2014 Madisyn Ritland, model ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Karl Templer (/a/sexual-harassment-assault-allegations- list/karl-templer) Stylist Publicly reported February 16, 2018 Multiple women have reported that he touched them inappropriately or aggressively during shoots. Sources/more info: 1 ( \u201cHe was trying to get me naked. [\u2026] He was trying to pull off my clothes without my permission.\u201d \u2014 anonymous, to Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Vincent Cirrincione (/a/sexual-harassment-assault-allegations- list/vincent-cirrincione) Talent manager Publicly reported February 2, 2018 Multiple women have said he made unwanted advances toward them, and several said he preyed specifically on young women of color. He has shut down his agency. Sources/more info: 1 ( women-are-accusing-him-of-sexual-harassment/2018/02/02/259e8196-f590-11e7-b34a-b85626af34ef_story.html? utm_term=.3c5fd3c7283a) 2 ( close-agency-after-accusations-of-sexual-harassment/2018/02/05/557debd0-0ab8-11e8-8b0d-891602206fb7_story.html? utm_term=.48f8a9e3ec1b) \u201cThe price paid for having my good professional relationship with him was giving up my sense of self, of wholeness, of personal worth.\u201d \u2014 anonymous, to the Washington Post ( henson-to-stardom-now-9-minority-women-are-accusing-him-of-sexual-harassment/2018/02/02/259e8196-f590-11e7-b34a- b85626af34ef_story.html?utm_term=.3c5fd3c7283a) Paul Marciano (/a/sexual-harassment-assault-allegations- list/paul-marciano) Co-founder, Guess Publicly reported February 1, 2018 woman has reported that he repeatedly subjected her to unwanted touching, kissing, and other advances. He has stepped away from daily responsibilities at Guess. Sources/more info: 1 ( 2 ( 3 ( \u201cIt took a huge toll on my confidence and self-worth wanted to quit modeling.\u201d \u2014 Kate Upton, model ( Charlie Walk (/a/sexual-harassment-assault-allegations- list/charlie-walk) Former president, the Republic Group Publicly reported January 29, 2018 Multiple women have accused him of harassment and inappropriate touching. He has left the Republic Group. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cYou would instant message me throughout the day making sexual remarks. Truly vulgar words and ideas. Pervasively.\u201d \u2014 Tristan Coopersmith, psychotherapist ( Scott Baio (/a/sexual-harassment-assault-allegations- list/scott-baio) Actor Publicly reported January 27, 2018 woman has reported that Baio sexually abused her when she was a minor, and a man has said Baio sexually harassed him. Sources/more info: 1 ( 2 ( 3 ( \u201cHe was playing not only on my emotions, but my hormones and all of those things.\u201d \u2014 Nicole Eggert, actress ( 1202681478/) David Copperfield (/a/sexual-harassment-assault-allegations- list/david-copperfield) Magician Publicly reported January 25, 2018 woman has reported that he drugged and sexually assaulted her when she was 17. Sources/more info: 1 ( remember my clothes being taken off.\u201d \u2014 Brittney Lewis, former model ( 1988/) Barry Lubin (/a/sexual-harassment-assault-allegations- list/barry-lubin) Former clown, Big Apple Circus Publicly reported January 23, 2018 woman has reported that he pressured her to pose for pornographic photos when she was 16. He has resigned from the Big Apple Circus. Sources/more info: 1 ( just felt really confused and lost and ashamed.\u201d \u2014 Zoey Dunne, former circus performer ( resigns.html?smid=tw-nytmetro&smtyp=cur) Michael Douglas (/a/sexual-harassment-assault-allegations- list/michael-douglas) Actor Publicly reported January 18, 2018 woman has reported that he sexually harassed her and masturbated in front of her. Sources/more info: 1 ( realized he thought he could do anything he wanted because he was so much more powerful than was.\u201d \u2014 Susan Braudy, writer ( moment-1075609) Joel Kramer (/a/sexual-harassment-assault-allegations- list/joel-kramer) Stunt coordinator Publicly reported January 13, 2018 woman has reported that he sexually abused her when she was underage, and another says he sexually assaulted her. He has been dropped as a client by Worldwide Production Agency. Sources/more info: 1 ( 2 ( 3 ( 1202243097 was 12, he was 36. It is incomprehensible.\u201d \u2014 Eliza Dushku, actress ( Bruce Weber (/a/sexual-harassment-assault-allegations- list/bruce-weber) Photographer Publicly reported January 13, 2018 Multiple men have said he pressured them to pose nude or subjected them to unwanted touching. Sources/more info: 1 ( felt helpless. [\u2026] Like my agency said, he has a lot of power.\u201d \u2014 **Josh Ardolf, model ( Mario Testino (/a/sexual-harassment-assault-allegations- list/mario-testino) Photographer Publicly reported January 13, 2018 Multiple men have said he groped them or masturbated in front of them, or made unwanted advances. Sources/more info: 1 ( \u201cHe was a sexual predator.\u201d \u2014 Ryan Locke, model ( Aziz Ansari (/a/sexual-harassment-assault-allegations-list/aziz- ansari) Actor, comedian Publicly reported January 13, 2018 woman has said he subjected her to unwanted touching and pressure to have sex during a date. Sources/more info: 1 ( cried the whole ride home. At that point felt violated.\u201d \u2014 Grace, to Babe.net ( James Franco (/a/sexual-harassment-assault-allegations- list/james-franco) Actor; founder, Studio 4 film school Publicly reported January 11, 2018 Multiple women have reported that he engaged in inappropriate or sexually exploitative behavior with them. Sources/more info: 1 ( feel there was an abuse of power, and there was a culture of exploiting non-celebrity women, and a culture of women being replaceable.\u201d \u2014 Sarah Tither-Kaplan, actress and filmmaker ( 20180111-htmlstory.html) Stan Lee (/a/sexual-harassment-assault-allegations-list/stan- lee) Comic book writer; former editor-in-chief, Marvel Comics Publicly reported January 9, 2018 Multiple nurses have accused Lee of sexually harassing them while they were caring for him, and another woman has alleged that he masturbated in front of her and groped her. Sources/more info: 1 ( 2 ( \u201cThe owner at the nursing company has openly said to people that Stan has sexually harassed every single nurse that has been to the house.\u201d \u2014 anonymous, to the Daily Mail ( nurses.html) Ben Vereen (/a/sexual-harassment-assault-allegations- list/ben-vereen) Actor, director Publicly reported January 5, 2018 Multiple women have reported that he subjected them to inappropriate comments or unwanted touching, including pressing his genitals against them. Sources/more info: 1 ( just felt powerless because thought really needed his help and guidance.\u201d \u2014 Kim, actress, to the New York Daily News ( assault-hair-article-1.3738684) Paul Haggis (/a/sexual-harassment-assault-allegations- list/paul-haggis) Director, screenwriter Publicly reported January 5, 2018 Multiple women have reported that he raped or forcibly kissed them. He has resigned as chair of the board for Artists for Peace and Justice, a charity he founded. Sources/more info: 1 ( utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP) 2 ( misconduct-allegations/1021400001 felt like my life could have been over.\u201d \u2014 anonymous, to the Associated Press ( utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP) Albert Schultz (/a/sexual-harassment-assault-allegations- list/albert-schultz) Actor; artistic director, Soulpepper Theatre Company Publicly reported January 3, 2018 Multiple women have reported that he committed sexual battery or sexual harassment against them. He is taking a leave of absence from the Soulpepper Theatre Company. Sources/more info: 1 ( didn\u2019t have a name for it at the time, but did fall into a depression.\u201d \u2014 Patricia Fagan, actress ( 1.4470036) Dan Harmon (/a/sexual-harassment-assault-allegations- list/dan-harmon) Writer; producer; creator, Community Publicly reported January 2, 2018 former employee has reported that he sexually harassed her, and he has admitted to and apologized for the behavior. Sources/more info: 1 ( 2 ( 3 ( \u201cIt took me years to believe in my talents again, to trust a boss when he complimented me and not cringe when he asked for my number.\u201d \u2014 Megan Ganz, writer ( Dustin Marshall (/a/sexual-harassment-assault-allegations- list/dustin-marshall) Founder, Feral Audio podcast network Publicly reported December 21, 2017 former partner says he abused and harassed her. He is shutting down Feral Audio. Sources/more info: 1 ( 2 ( 3 ( \u201cOne night he broke into my house and crawled into bed with me, saying that we \u2018really needed to talk\u2019\u201d \u2014 Abby Weems, musician ( T.J. Miller (/a/sexual-harassment-assault-allegations-list/t-j- miller) Actor, comedian Publicly reported December 19, 2017 woman has reported that he sexually assaulted her, and others have said he harassed them or made abusive or transphobic comments. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cIt is unfathomable to me that he doesn\u2019t understand that he actually put me through something have to live with [\u2026] that completely, completely set the tone for my sexual adult life.\u201d \u2014 anonymous, to the Daily Beast ( punching-a-woman) Morgan Spurlock (/a/sexual-harassment-assault-allegations- list/morgan-spurlock) Director Publicly reported December 14, 2017 He said he has been accused of rape and sexual harassment. He has stepped down from his production company and other companies have cut ties or stopped distribution of his projects. Sources/more info: 1 ( 2 ( 3 ( misconduct/950744001/) 4 ( refinery29-1202228279/) 5 ( n829581) \u201cWe stand in solidarity with the victims.\u201d \u2014 spokesperson for Pretty Matches and Refinery29, announcing the suspension of a docuseries on women's issues that Spurlock was to produce ( matches-refinery29-1202228279/) Jon Heely (/a/sexual-harassment-assault-allegations-list/jon- heely) Director of music publishing, Disney Publicly reported December 8, 2017 He is accused of sexually abusing two underage girls. He has been charged with three felony counts of child sexual abuse and suspended without pay from Disney. Sources/more info: 1 ( \u201cImmediately upon learning of this situation tonight, he has been suspended without pay until the matter is resolved by the courts.\u201d \u2014 Disney spokesperson, to Variety ( 1202634502/) Melanie Martinez (/a/sexual-harassment-assault-allegations- list/melanie-martinez) Singer-songwriter Publicly reported December 5, 2017 woman has said that Martinez raped her. Sources/more info: 1 ( utm_term=.jwvZEZe9a#.niyNlNbAD) 2 ( happened never said yes said no, repeatedly. But she used her power over me, and broke me down.\u201d \u2014 Timothy Heller, singer ( ref_src=twsrc%5Etfw&ref_url=https%3A%2F%2F by-a-former-friend) Bryan Singer (/a/sexual-harassment-assault-allegations- list/bryan-singer) Director Publicly reported December 4, 2017 man has sued Singer, saying he was raped by Singer at the age of 17. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cHe smirked and said, if say anything, he was very popular and could basically ruin my reputation.\u201d \u2014 Cesar Sanchez-Guzman ( Peter Martins (/a/sexual-harassment-assault-allegations- list/peter-martins) Retired ballet master in chief, New York City Ballet Publicly reported December 4, 2017 Multiple people say he sexually harassed or verbally or physically abused them, or abused his power through sexual relationships with other dancers. He has retired. Sources/more info: 1 ( 2 ( accusation.html?action=click&contentCollection=Dance&module=RelatedCoverage®ion=Marginalia&pgtype=article) 3 ( action=click&contentCollection=Dance&module=RelatedCoverage®ion=Marginalia&pgtype=article) 4 ( 5 ( \u201cHe\u2019s yanking me around to the left and to the right, he\u2019s digging his left thumb and his middle finger felt like he was piercing my muscle.\u201d \u2014 Victor Ostrovsky, former student, School of American Ballet ( ballet-new-york-city-physical-abuse.html) James Levine (/a/sexual-harassment-assault-allegations- list/james-levine) Former conductor, Metropolitan Opera Publicly reported December 3, 2017 Multiple men have reported that he sexually abused them, some when they were teenagers. He has been fired from the Met, and the Ravinia Festival has cut ties with him. Sources/more info: 1 ( 2 ( 3 ( saw him as a safe, protective person, he took advantage of me, he abused me and it has really messed me up.\u201d \u2014 Ashok Pai ( Israel Horovitz (/a/sexual-harassment-assault-allegations- list/israel-horovitz) Playwright Publicly reported November 30, 2017 Multiple women have said that he sexually harassed, sexually assaulted, or raped them. The Gloucester Stage theater has cut ties with him. Sources/more info: 1 ( share&referer= felt close to him like a grandfather, but also he was a somewhat famous guy whose time felt privileged to have. [\u2026] For the man who represented all that, to treat me the way he did, was the ultimate betrayal.\u201d \u2014 Maia Ermansons ( share&referer= Geoffrey Rush (/a/sexual-harassment-assault-allegations- list/geoffrey-rush) Actor Publicly reported November 30, 2017 Two former co-stars have said he subjected them to unwanted sexual comments and inappropriate behavior. Sources/more info: 1 ( 2 ( nytimes) \u201c[T]here was a small shaving mirror over the top of the partition between the showers and he was using it to look down at my naked body.\u201d \u2014 Yael Stone, actress ( smtyp=cur&smid=tw-nytimes) Jean-Claude Arnault (/a/sexual-harassment-assault- allegations-list/jean-claude-arnault) Photographer; influential Swedish cultural figure; husband of Swedish Academy member Publicly reported November 24, 2017 Multiple women have said he raped or sexually harassed them. He was convicted on two counts of rape in Sweden and sentenced to two and a half years in prison. The allegations caused the awarding of the Nobel Prize in Literature to be delayed. Sources/more info: 1 ( 2 ( 3 ( \u201c[T]here had been no flirtation or touch just found a hand up my crotch.\u201d \u2014 Gabriella H\u00e5kansson, author ( John Lasseter (/a/sexual-harassment-assault-allegations- list/john-lasseter) CEO, Pixar and Walt Disney Animation Studios Publicly reported November 21, 2017 Multiple people said he had a pattern of sexually harassing women. He has taken a leave of absence from Pixar. Sources/more info: 1 ( utm_source=twitter&utm_source=t.co&utm_medium=referral&utm_source=t.co&utm_medium=referral) 2 ( 1059594) \u201cHe hugged and hugged and everyone\u2019s looking at you. Just invading the space.\u201d \u2014 anonymous, to the Hollywood Reporter ( detailed-by-disney-pixar-insiders-1059594) Murray Miller (/a/sexual-harassment-assault-allegations- list/murray-miller) Writer, Girls Publicly reported November 17, 2017 woman has reported that he sexually assaulted her when she was 17 years old. Police have launched an investigation. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cAt some point woke up in Murray\u2019s bed naked. He was on top of me having sexual intercourse with me. At no time did consent to any sexual contact with Murray.\" \u2014 Aurora Perrineau, actress ( Sylvester Stallone (/a/sexual-harassment-assault-allegations- list/sylvester-stallone) Actor Publicly reported November 16, 2017 woman has reported that he and another man sexually assaulted her when she was 16. Sources/more info: 1 ( \u201cI\u2019m kind of scared and I\u2019m very ashamed don\u2019t want anybody else to have that happen to them, but don\u2019t want to prosecute.\u201d \u2014 anonymous, to police, according to the Daily Mail ( forcing-teen-threesome.html) Ron Jeremy (/a/sexual-harassment-assault-allegations-list/ron- jeremy) Adult film actor Publicly reported November 15, 2017 Multiple women have reported that he raped or sexually assaulted them, or subjected them to unwanted touching. He has been dropped from at least two industry events. Sources/more info: 1 ( \u201cIt felt like he had preplanned this in his head, like he did this to everybody.\u201d \u2014 Lynsey G., journalist ( Andy Henry (/a/sexual-harassment-assault-allegations- list/andy-henry) Casting staff Publicly reported November 15, 2017 Multiple women say he told them to take off their clothes as part of what he described as an acting exercise. He was fired from the show and his firm in 2008 as a result of the reports, and placed on a leave of absence from his job in 2017 when the reports became public. Sources/more info: 1 ( \u201cIt really planted a seed in my head, that maybe wasn\u2019t good enough. Of, what did do wrong?\u201d \u2014 Catherine Black, actress ( disrobing-1058398) Jesse Lacey (/a/sexual-harassment-assault-allegations- list/jesse-lacey) Lead vocalist, guitarist, Brand New Publicly reported November 13, 2017 Two women have said he solicited explicit photos from them when they were minors, along with other sexually abusive behavior. The band has postponed upcoming shows. Sources/more info: 1 ( 2 ( misconduct-postpones-tour) 3 ( \u201cThis will definitely stay with me for the rest of my life.\u201d \u2014 Nicole Elizabeth Garey ( exploitation-of-minors/) Tom Sizemore (/a/sexual-harassment-assault-allegations- list/tom-sizemore) Actor Publicly reported November 13, 2017 Multiple cast and crew members have said he sexually abused a young girl on a film set, and he has been convicted of physically abusing and harassing an ex-girlfriend. Sources/more info: 1 ( 2 ( movie-set-in-2003-then-clicks-delete/) \u201cAt one point her eyes got just huge, like she could\u2019ve vomited was watching her.\u201d \u2014 Robyn Adamson, actress, describing the girl Sizemore allegedly abused ( sizemore-was-removed-movie-set-allegedly-violating-11-year-old-girl-1057629) Mark Schwahn (/a/sexual-harassment-assault-allegations- list/mark-schwahn) Showrunner, One Tree Hill and The Royals Publicly reported November 13, 2017 Multiple women have said he sexually harassed, manipulated, or made inappropriate comments to them while they worked on The Royals or One Tree Hill. He has been fired from The Royals. Sources/more info: 1 ( 2 ( 3 ( 4 ( wauchope-1202207461/) \u201cMany of us were spoken to in ways that ran the spectrum from deeply upsetting, to traumatizing, to downright illegal. And a few of us were put in positions where we felt physically unsafe.\u201d \u2014 18 female cast and crew members of One Tree Hill, in an open letter ( 1202614198/) Peter Aalb\u00e6k Jensen (/a/sexual-harassment-assault- allegations-list/peter-aalbaek-jensen) Co-founder (with Lars von Trier), Zentropa production company Publicly reported November 12, 2017 Multiple women have reported that he groped them or helped create a hostile working environment. Sources/more info: 1 ( 2 ( 3 ( saw women being degraded. According to the Zentropa propaganda would be part of an \u2018alternative work culture\u2019, but in reality encountered an old-fashioned, patriarchal power structure.\u201d \u2014 Anna Mette Lundtofte, writer and journalist ( of-degradation-and-sexual-harassment) Eddie Berganza (/a/sexual-harassment-assault-allegations- list/eddie-berganza) Former editor Comics Publicly reported November 10, 2017 Multiple women have said he sexually harassed them. He has been fired. Sources/more info: 1 ( was physically ill from being stressed all the time and trying to hide it just felt like needed to get out, however could.\u201d \u2014 Liz Gehrlein Marsham, children's author ( utm_term=.wkWbqwBwk#.arwQAjRjW) Richard Dreyfuss (/a/sexual-harassment-assault-allegations- list/richard-dreyfuss) Actor Publicly reported November 10, 2017 woman has reported that he sexually harassed her over a period of years, once exposing himself to her. Sources/more info: 1 ( utm_campaign=vulture&utm_source=tw&utm_medium=s1) \u201cHe created a very hostile work environment, where felt sexualized, objectified, and unsafe.\u201d \u2014 Jessica Teich, writer ( utm_campaign=vulture&utm_source=tw&utm_medium=s1) Gary Goddard (/a/sexual-harassment-assault-allegations- list/gary-goddard) CEO, the Goddard Group Publicly reported November 10, 2017 Eight men have reported that he sexually abused them when they were minors. He has taken a leave of absence from the Goddard Group. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cMy vulnerability was exploited was molested by Goddard, my best friend was raped by him \u2014 and this went on for years.\u201d \u2014 Anthony Edwards, actor ( Andrew Kreisberg (/a/sexual-harassment-assault-allegations- list/andrew-kreisberg) Former showrunner, Supergirl, Arrow Publicly reported November 10, 2017 More than a dozen people who worked with him have said he had a pattern of sexual harassment, including unwanted kissing and touching. He has been fired by Warner Bros Group. Sources/more info: 1 ( 2 ( \u201cIt was an environment in which women \u2014 assistants, writers, executives, directors \u2014 were all evaluated based on their bodies, not on their work.\u201d \u2014 Anonymous male writer, to Variety ( 1202612522/) George Takei (/a/sexual-harassment-assault-allegations- list/george-takei) Actor Publicly reported November 10, 2017 man reported that Takei drugged and groped him. The accuser has since walked back most of the story. Sources/more info: 1 ( bftwnews&utm_term=.rnvvpkMzrM#.ohpvqj5O35) 2 ( just want him to apologize for taking advantage of our friendship.\u201d \u2014 Scott R. Brunton, former actor and model ( of-drugs-assault/) Steven Seagal (/a/sexual-harassment-assault-allegations- list/steven-seagal) Actor Publicly reported November 9, 2017 Multiple women have reported that he sexually harassed or behaved threateningly toward them. Sources/more info: 1 ( 2 ( 3 ( 4 ( weinstein-scandal thought about like was the last girl that day. How many girls had to take off their clothes? How many girls had to do more?\u2019\u201d \u2014 Jenny McCarthy, actress ( 1202205465/) Louis C.K. (/a/sexual-harassment-assault-allegations-list/louis- c-k) Comedian Publicly reported November 9, 2017 Multiple women have reported that he sexually harassed them, in some cases by masturbating in front of them wide release for his upcoming film and his standup special have been canceled; several media companies have ended their relationships with him. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was just actually sort of common knowledge in the comedy world. [\u2026] People made jokes about it all the time.\u201d \u2014 Rebecca Corry, comedian ( Matthew Weiner (/a/sexual-harassment-assault-allegations- list/matthew-weiner) Showrunner Publicly reported November 9, 2017 woman has reported that he sexually harassed her. Sources/more info: 1 ( 2 ( 3 ( 4 ( 1201895936 had the Emmy, but instead of being able to use that as a launch pad for the rest of my career, it became an anchor because felt had to answer to speculative stories in the press eventually walked away instead of fighting back.\u201d \u2014 Kater Gordon, writer ( mad-men-1201895936/) Russell Simmons (/a/sexual-harassment-assault-allegations- list/russell-simmons) Music executive Publicly reported November 9, 2017 Multiple women have accused him of rape, sexual assault, or battery. He has stepped down from his companies. Sources/more info: 1 ( 2 ( 3 ( 4 ( 5 ( couldn\u2019t open the doors couldn\u2019t open the windows. The car was moving. The driver did not stop. He did not take me to 19th Street. He took me to your apartment.\u201d \u2014 Jenny Lumet, screenwriter ( guest-column-1062934) Robert Knepper (/a/sexual-harassment-assault-allegations- list/robert-knepper) Actor Publicly reported November 8, 2017 Multiple women have accused him of sexual assault. Sources/more info: 1 ( 2 ( 3 ( utm_source=Sailthru&utm_medium=email&utm_campaign=THR%20Breaking%20News_now_2017-12- 05%2007:39:00_HLewis&utm_term=hollywoodreporter_breakingnews just sat there and cried for a while. My dress was torn was dirty.\u201d \u2014 Susan Bertram, costume designer ( veteran-costume-designer-1055914) Jeffrey Tambor (/a/sexual-harassment-assault-allegations- list/jeffrey-tambor) Actor Publicly reported November 8, 2017 Multiple women have reported that he sexually harassed or forcibly kissed them. He has left the show Transparent. Sources/more info: 1 ( 2 ( 3 ( \u201cGiven the journey and circumstances of my life was used to being treated as a sexual object by men \u2014 this one just happened to be famous.\u201d \u2014 Trace Lysette, actress ( Ed Westwick (/a/sexual-harassment-assault-allegations- list/ed-westwick) Actor Publicly reported November 7, 2017 Multiple women have accused him of sexual assault or rape. Several television shows have been postponed or have paused his involvement while police investigate. Sources/more info: 1 ( 2 ( 3 ( \u201cMy other friends and people around me told me it was best not to say anything, to not be \u2018that girl\u2019 and that no one would believe me.\u201d \u2014 Aur\u00e9lie Wynn, former actress ( utm_term=.pgNaQoboN#.geWag8w8K) Adam Venit (/a/sexual-harassment-assault-allegations- list/adam-venit) Agent Publicly reported November 3, 2017 man has reported that Venit sexually assaulted him. Venit was suspended for a month and has been demoted. Sources/more info: 1 ( 2 ( 3 ( \u201cThis whole thing with Harvey Weinstein is giving me PTSD. Why? Because this kind of thing happened to ME.\u201d \u2014 Terry Crews, actor ( ref_src=twsrc%5Etfw&ref_url=http%3A%2F%2F executive-amid-harvey-weinstein-allegations) Danny Masterson (/a/sexual-harassment-assault-allegations- list/danny-masterson) Actor Publicly reported November 2, 2017 Multiple women have reported that he raped them. He has been written out of Netflix\u2019s The Ranch, and law enforcement has begun an investigation into the case. Sources/more info: 1 ( 2 ( \u201cAccording to a report filed with the Los Angeles Police Department, the woman said Masterson raped her while she was \u2018passed out,\u2019 and when she awoke and realized he was raping her, she struggled with him until he choked her and she passed out again.\u201d \u2014 Yashar Ali, HuffPost ( accusations_us_59fa8410e4b01b474048242a?9o4) Nick Carter (/a/sexual-harassment-assault-allegations- list/nick-carter) Lead singer, Backstreet Boys Publicly reported November 2, 2017 woman has reported that he sexually assaulted her in 2003. Prosecutors have declined to bring criminal charges because the statute of limitations has expired. Sources/more info: 1 ( 2 ( told him to stop, but he didn\u2019t.\u201d \u2014 Melissa Schuman, former singer ( Brett Ratner (/a/sexual-harassment-assault-allegations- list/brett-ratner) Producer, director Publicly reported November 1, 2017 Multiple women have said he sexually assaulted or harassed them. Sources/more info: 1 ( 2 ( 3 ( don\u2019t know how different would be today \u2014 less hardened, less jaded, more trusting, all those things \u2014 if it never happened.\u201d \u2014 Natasha Henstridge, actress ( allegations-article-1.3605363) Dustin Hoffman (/a/sexual-harassment-assault-allegations- list/dustin-hoffman) Actor Publicly reported November 1, 2017 Multiple women have said he sexually harassed or assaulted them. Sources/more info: 1 ( 2 ( 3 ( \u201cMy heart aches for the awkward virgin with the bad hair who had only been kissed three times in her life, laughing as the man her father\u2019s age talked about breasts and sex want to weep that she found this charming.\u201d \u2014 Anna Graham Hunter, writer ( guest-column-1053466) Andy Dick (/a/sexual-harassment-assault-allegations-list/andy- dick) Actor and comedian Publicly reported October 31, 2017 Multiple people said he groped and harassed men and women on film sets. He has been fired from two films. Sources/more info: 1 ( 2 ( \u201cHe systematically went woman by woman and just said a bunch of gross things almost mechanically, robotically, and made every single one of them uncomfortable.\u201d \u2014 anonymous, to Vulture ( Jeremy Piven (/a/sexual-harassment-assault-allegations- list/jeremy-piven) Actor Publicly reported October 31, 2017 Multiple women have said he sexually assaulted or harassed them. Sources/more info: 1 ( 2 ( ran outside and hailed a cab and just burst into tears cried the entire way back to my hotel.\u201d \u2014 Tiffany Bacon Scourby, ad executive ( Kevin Spacey (/a/sexual-harassment-assault-allegations- list/kevin-spacey) Actor Publicly reported October 29, 2017 Multiple men have reported that he sexually harassed or assaulted them, or made sexual advances when they were underage. He has been fired from House of Cards and police are investigating. Sources/more info: 1 ( utm_term=.iu423zYw1Y#.nevrx9d73d) 2 ( 3 ( utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP) 4 ( 5 ( 6 ( 7 ( 8 ( \u201cWhat he left me with, more than what he took from me, was a sense that deserved this. And that\u2019s the knot I\u2019m still untangling.\u201d \u2014 anonymous, to Vulture ( Kirt Webster (/a/sexual-harassment-assault-allegations- list/kirt-webster) Publicist Publicly reported October 27, 2017 man has said Webster sexually assaulted him. Webster has stepped away from his firm. Sources/more info: 1 ( misconduct) 2 ( \u201cFor years was so ashamed, and since then, I\u2019ve overdosed once and I\u2019ve slit my wrists another time.\u201d \u2014 Austin Rick, former country singer ( exec-kirt-webster-of-sexual-misconduct) Ken Baker (/a/sexual-harassment-assault-allegations-list/ken- baker) Senior correspondent News Publicly reported October 26, 2017 Two women have said he sexually harassed them. He is not appearing on air while investigates. Sources/more info: 1 ( 2 ( almost feel like it\u2019s a power trip. It\u2019s like can do these things.\u2018\u201d \u2014 anonymous, to the Wrap ( about-a-sex-toy/) Ethan Kath (/a/sexual-harassment-assault-allegations- list/ethan-kath) Co-founder, Crystal Castles Publicly reported October 24, 2017 former bandmate has reported that he raped and physically and psychologically abused her. Sources/more info: 1 ( \u201cIt has taken me years to recover from enduring almost a decade of abuse, manipulation and psychological control am still recovering.\u201d \u2014 Alice Glass, singer ( James Toback (/a/sexual-harassment-assault-allegations- list/james-toback) Director, screenwriter Publicly reported October 22, 2017 More than 200 women have reported unwanted touching or advances, including several who said he masturbated in front of them. He has been dropped by his agent. Sources/more info: 1 ( 2 ( 3 ( was shocked and frozen and didn\u2019t know what to do thought if resisted, it could get worse.\u201d \u2014 Terri Conn, actress ( story.html) David Blaine (/a/sexual-harassment-assault-allegations- list/david-blaine) Magician Publicly reported October 19, 2017 woman has reported that he raped her. Police are investigating. Sources/more info: 1 ( \u201cAfter this happened didn\u2019t want to go out, and didn\u2019t want to go to my castings wouldn\u2019t get the job because now was insecure.\u201d \u2014 Natasha Prince, art dealer ( Chris Savino (/a/sexual-harassment-assault-allegations- list/chris-savino) Animator; creator, The Loud House Publicly reported October 19, 2017 Multiple women have reported that he sexually harassed them or subjected them to unwanted advances or other inappropriate behavior. He has been fired. Sources/more info: 1 ( had an opportunity to work at Nickelodeon a long time ago and didn\u2019t take the job because knew he would be inside the studio.\u201d \u2014 anonymous, to Cartoon Brew ( allegedly-offered-animation-work-exchange-sexual-favors-154152.html) Bob Weinstein (/a/sexual-harassment-assault-allegations- list/bob-weinstein) Producer; co-founder, the Weinstein Company Publicly reported October 17, 2017 woman has said that he sexually harassed her over a period of months. Sources/more info: 1 ( \u201cHe didn\u2019t want a friendship. He wanted more than that.\u201d \u2014 Amanda Segel, showrunner ( Tyler Grasham (/a/sexual-harassment-assault-allegations- list/tyler-grasham) Former agent Publicly reported October 17, 2017 Multiple men have said that he sexually assaulted them or made unwanted advances. He has been fired, and police have launched an investigation. Sources/more info: 1 ( 2 ( 3 ( 4 ( told him no but he asked me to cuddle and kiss didn\u2019t want it to ruin my career, so did.\u201d \u2014 Brady Lindsey ( Lars von Trier (/a/sexual-harassment-assault-allegations- list/lars-von-trier) Director Publicly reported October 17, 2017 woman has accused him of a months-long pattern of sexual harassment. Sources/more info: 1 ( 2 ( didn\u2019t comply or agree on being sexually harassed. That was then portrayed as me being difficult. If being difficult is standing up to being treated like that, I\u2019ll own it.\u201d \u2014 Bj\u00f6rk, singer-songwriter ( Roy Price (/a/sexual-harassment-assault-allegations-list/roy- price) Former head, Amazon Studios Publicly reported October 12, 2017 woman has reported that he sexually harassed her. He has resigned from Amazon. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was shocking and surreal.\u201d \u2014 Isa Hackett, executive producer ( top-exec-roy-price-1048060?utm_source=Sailthru&utm_medium=email&utm_campaign=THR%20Breaking%20News_now_2017- 10-12%2014:27:54_ehayden&utm_term=hollywoodreporter_breakingnews) Oliver Stone (/a/sexual-harassment-assault-allegations- list/oliver-stone) Director Publicly reported October 12, 2017 One woman has reported that he groped her, while another said his behavior after a meeting made her uncomfortable. Sources/more info: 1 ( 2 ( 3 ( ref_src=twsrc%5Etfw&ref_url=http%3A%2F%2Fpeople.com%2Fmovies%2Fcarrie-stevens-harvey-weinstein-oliver-stone%2F still remember the cocky grin on his face like he got away with something.\u201d \u2014 Carrie Stevens, model and actress ( misconduct) Ben Affleck (/a/sexual-harassment-assault-allegations- list/ben-affleck) Actor Publicly reported October 10, 2017 Two women have reported that he groped them. Sources/more info: 1 ( 2 ( 3 ( ref_src=twsrc%5Etfw&ref_url=https%3A%2F%2F harvey-weinstein-sexual-harassment had to laugh back then so wouldn\u2019t cry.\u201d \u2014 Hilarie Burton, actress ( Nelly (/a/sexual-harassment-assault-allegations-list/nelly) Rapper Publicly reported October 7, 2017 woman has reported that he sexually assaulted her. Sources/more info: 1 ( 2 ( 3 ( \u201cAfterward, Greene says she was screaming she wanted off the bus \u2026 and an entourage member pushed her off, and Nelly threw a $100 bill at her and said, \u2018Bye bye ( Harvey Weinstein (/a/sexual-harassment-assault-allegations- list/harvey-weinstein) Producer; co-founder, the Weinstein Company Publicly reported October 5, 2017 More than 80 women have reported that he sexually harassed, sexually assaulted, or raped them, in incidents dating back decades. He has been fired from the Weinstein Company. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cJust his body, his presence, his face, bring me back to the little girl that was when was twenty-one. [\u2026] When see him, it makes me feel little and stupid and weak.\u201d \u2014 Asia Argento, actress ( weinsteins-accusers-tell-their-stories) Hadrian Belove (/a/sexual-harassment-assault-allegations- list/hadrian-belove) Former executive managing director, Cinefamily Publicly reported August 23, 2017 woman has reported that he sexually harassed her, and others say he judged female employees on their looks and dated subordinates. He has resigned. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cWhen started volunteering was told he liked to test the new meat.\u201d \u2014 Karina Chacham, former volunteer, Cinefamily ( utm_term=.qfPWBKZkV#.enDOJrjZa) Shadie Elnashai (/a/sexual-harassment-assault-allegations- list/shadie-elnashai) Former vice president, Cinefamily board of directors Publicly reported August 23, 2017 Multiple people have said he inappropriately touched or pursued female subordinates. He has resigned. Sources/more info: 1 ( 2 ( 3 ( \u201cShadie doesn\u2019t watch the movies \u2014 he just hits on girls in the back.\u201d \u2014 anonymous, to BuzzFeed News ( Roman Polanski (/a/sexual-harassment-assault-allegations- list/roman-polanski) Director, producer, writer Publicly reported August 15, 2017 Multiple women have reported that he raped or sexually abused them when they were under 18. He has pleaded guilty to statutory rape. Sources/more info: 1 ( \u201cHow do know there aren\u2019t other victims? How do know that he\u2019s not still doing this?\u201d \u2014 Marianne Barnard, artist ( deserted-beach-10-years-old/) Robert \"R.\" Kelly (/a/sexual-harassment-assault-allegations- list/robert-r-kelly) Singer-songwriter Publicly reported July 17, 2017 Multiple people have accused him of controlling the sex lives and even eating habits of women who live in his properties. He was acquitted in 2008 of child pornography charges. His lawyer, publicist, and assistant have quit, and Spotify has stopped promoting his music. Sources/more info: 1 ( utm_term=.kpQrXj1YE1#.bjlVK6xdPx) 2 ( 3 ( 4 ( \u201cR. Kelly is the sweetest person you will ever want to meet. [\u2026] But Robert is the devil.\u201d \u2014 Asante McGee ( utm_term=.lyYOrOKpJ#.psgJKJazA) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 57 Les Moonves (/a/sexual-harassment-assault-allegations- list/les-moonves) Former Publicly reported August 6, 2018 Multiple women have said he sexually harassed or assaulted them. He has stepped down from CBS. Sources/more info: 1 ( 2 ( harassment-claims) 3 ( \u201cWhat happened to me was a sexual assault, and then was fired for not participating.\u201d \u2014 Illeana Douglas, actress and writer ( of-sexual-misconduct) Kimberly Guilfoyle (/a/sexual-harassment-assault-allegations- list/kimberly-guilfoyle) Former Fox News host Publicly reported July 27, 2018 Multiple people have said she showed colleagues photographs of male genitals, discussed sexual matters at work, or was emotionally abusive. She has left Fox News. Sources/more info: 1 ( \u201cSix sources said Guilfoyle\u2019s behavior included showing personal photographs of male genitalia to colleagues (and identifying whose genitals they were)\u201d \u2014 Yashar Ali, HuffPost ( news_us_5b5a6064e4b0b15aba96f4de) Antonin Kratochvil (/a/sexual-harassment-assault-allegations- list/antonin-kratochvil) Photojournalist Publicly reported July 16, 2018 Multiple people have said he harassed and groped them or others. He has resigned from the photo agency he helped found. Sources/more info: 1 ( 2 ( [\u2026] didn\u2019t say anything because didn\u2019t want to be seen as, you know, the cliched hysterical woman complaining about things.\u201d \u2014 Anastasia Taylor-Lind, photojournalist ( Christian Rodriguez (/a/sexual-harassment-assault-allegations- list/christian-rodriguez) Photojournalist Publicly reported July 16, 2018 Multiple women say he sexually harassed them, in many cases after offering them mentorship or a job. He has been dropped by the prestigious photographers' collective Prime. Sources/more info: 1 ( 2 ( \u201cHe jumped on the bed, he was on top of me, making pictures.\u201d \u2014 Lina Botero, photographer ( Tom Brokaw (/a/sexual-harassment-assault-allegations- list/tom-brokaw) Journalist; former anchor Nightly News Publicly reported April 26, 2018 Three women have said he made unwanted advances toward them in the 1990s. Sources/more info: 1 ( 2 ( 3 ( felt powerless to say no. He could ruin my career.\u201d \u2014 Linda Vester, former correspondent ( correspondent-1202789627/) Michael Ferro (/a/sexual-harassment-assault-allegations- list/michael-ferro) Former chair, Tronc Publicly reported March 19, 2018 Two women have said Ferro subjected them to unwanted kissing or touching in what they thought were business meetings. Others have said he behaved inappropriately with female employees. He has resigned from Tronc. Sources/more info: 1 ( suddenly realized that was alone in this apartment with him and that it might not be very easy to leave.\u201d \u2014 Kathryn Minshew, startup co-founder ( Alex Jones (/a/sexual-harassment-assault-allegations-list/alex- jones) Founder, Infowars Publicly reported February 28, 2018 woman has reported that he groped her, sexually harassed her, and made a racist comment toward her, as well as created a hostile work environment for other women. Sources/more info: 1 ( knew that he had specifically touched my behind at that moment as a sly come-on that other people may not notice.\u201d \u2014 Ashley Beckford, former production assistant, Free Speech Systems ( Infowars-employees-claim-Alex-Jones-harassed-them.html) Ryan Seacrest (/a/sexual-harassment-assault-allegations- list/ryan-seacrest host Publicly reported February 26, 2018 woman has reported that he sexually harassed and assaulted her, including groping her and grinding his genitals against her. Sources/more info: 1 ( \u201cAs proud as am and as strong as a woman as am, as smart as am and as much work as I\u2019ve done with therapists, it really affected me.\u201d \u2014 Suzie Hardy, stylist ( Daniel Zwerdling (/a/sexual-harassment-assault-allegations- list/daniel-zwerdling) Former investigative correspondent Publicly reported February 6, 2018 Multiple people have reported that he sexually harassed them or engaged in inappropriate behavior. He has retired from NPR. Sources/more info: 1 ( 2 ( sexual-misconduct-claim) \u201cNow I\u2019m literally afraid of men in the workplace.\u201d \u2014 anonymous, to Current ( Patrick Witty (/a/sexual-harassment-assault-allegations- list/patrick-witty) Photojournalist; former National Geographic photographer Publicly reported January 29, 2018 Multiple women say he subjected them to unwanted kissing or advances. He no longer works at National Geographic. Sources/more info: 1 ( \u201cIt felt like he didn\u2019t take me or my work seriously.\u201d \u2014 Andrea Wise, photographer and editor ( misconduct) Dayan Candappa (/a/sexual-harassment-assault-allegations- list/dayan-candappa) Chief content officer, Newsweek Media Group; former Americas editor, Reuters Publicly reported January 29, 2018 subordinate at Reuters reported that he repeatedly sexually harassed her. He was removed from his job at Reuters. Newsweek placed him on leave after the Reuters case became public, but reinstated him after an investigation. Sources/more info: 1 ( 2 ( \u201cThe next day in the office, he told her she was \u2018heartbreakingly beautiful,\u2019 according to the complaint.\u201d \u2014 Rossalyn Warren, BuzzFeed News ( utm_term=.unkPVGXGN#.beodeVlVa) Robert Moore (/a/sexual-harassment-assault-allegations- list/robert-moore) Former managing editor, New York Daily News Publicly reported January 22, 2018 Multiple former employees have said he sexually harassed co-workers. He has been fired. Sources/more info: 1 ( complaint) 2 ( 3 ( \u201cHe had all the power there.\u201d \u2014 anonymous, to HuffPost ( Ross Levinsohn (/a/sexual-harassment-assault-allegations- list/ross-levinsohn) Former publisher, Los Angeles Times Publicly reported January 18, 2018 He has been sued in two separate sexual harassment lawsuits. He was placed on unpaid leave at the Los Angeles Times, and then resigned. After an investigation cleared him, he was named of a new unit within the Times\u2019s parent company, Tronc. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cRoss created a definite frat boys' club [\u2026] They openly would rate women.\u201d \u2014 Jessie Dennen, former recruitment chief, Alta Vista ( behavior-trail-la-times-publisher-s-career) James Rosen (/a/sexual-harassment-assault-allegations- list/james-rosen) Former chief Washington correspondent, Fox News Publicly reported January 10, 2018 Multiple women have reported that he made unwanted advances toward them. He has left Fox News. Sources/more info: 1 ( \u201cIn a shared cab ride back from a meal, Rosen groped her, grabbing her breast. After she rebuffed his advance, Rosen sought to steal away her sources and stories related to his interests in diplomacy and national security.\u201d \u2014 David Folkenflik ( harassment-claims) Kevin Braun (/a/sexual-harassment-assault-allegations- list/kevin-braun) Former editor-in-chief News Publicly reported January 5, 2018 He has been placed on leave to complete treatment for inappropriate behavior, including sexual harassment. Sources/more info: 1 ( \u201cHe will be on an indefinite leave of at least six months to address personal matters that have negatively affected his relationship with the company and our staff.\u201d \u2014 Michael Witt, publisher News ( Steve Butts (/a/sexual-harassment-assault-allegations- list/steve-butts) Former editor-in-chief Publicly reported January 3, 2018 An employee has reported that he committed sexual harassment, and a former employee says he mishandled her report of sexual harassment by another co-worker. He has been fired. Sources/more info: 1 ( utm_campaign=Socialflow_Kotaku_Twitter&utm_source=Kotaku_Twitter&utm_medium=Socialflow) \u201cHe told me, \u2018Don\u2019t be so uptight about it.\u2019\u201d \u2014 Kallie Plagge, editor ( utm_campaign=Socialflow_Kotaku_Twitter&utm_source=Kotaku_Twitter&utm_medium=Socialflow) H. Brandt Ayers (/a/sexual-harassment-assault-allegations- list/h-brandt-ayers) Chair of the Consolidated Publishing Company, which publishes the Anniston Star Publicly reported January 1, 2018 Multiple women say he spanked them against their will when they worked with him at the Anniston Star in Anniston, Alabama. Sources/more info: 1 ( spanked/) 2 ( ac32-a7243e990784.html) 3 ( accused-of-spanking-female-employees-in-1970s/?utm_term=.edb39ca6070f was still determined to be a reporter after that. [\u2026] But hated Brandy Ayers with every cell in my body.\u201d \u2014 Veronica Pike Kennedy, former Anniston Star reporter ( assaulting-reporters-in-s/article_097db56a-ef17-11e7-ac32-a7243e990784.html) Adrian Carrasquillo (/a/sexual-harassment-assault-allegations- list/adrian-carrasquillo) Former White House correspondent, BuzzFeed News Publicly reported December 27, 2017 co-worker reported receiving an inappropriate message from him. He has been fired. Sources/more info: 1 ( 2017-12) 2 ( \u201cIn responding to a complaint filed last week by an employee, we learned that Adrian violated our Code of Conduct by sending an inappropriate message to a colleague.\u201d \u2014 BuzzFeed spokesperson, to Business Insider ( adrian-carrasquillo-following-harassment-claims-2017-12) Andrew Creighton (/a/sexual-harassment-assault-allegations- list/andrew-creighton) President, Vice Media Publicly reported December 23, 2017 woman said she was fired after she turned down a sexual relationship with him. He has been placed on leave. Sources/more info: 1 ( 2 ( \u201cThere is a toxic environment where men can say the most disgusting things, joke about sex openly, and overall a toxic environment where women are treated far inferior than men.\u201d \u2014 Sandra Miller, former head of branded production, Vice Media ( sexual-harassment.html?_r=0) Mike Germano (/a/sexual-harassment-assault-allegations- list/mike-germano) Chief digital officer, Vice Media Publicly reported December 23, 2017 Two women have reported that he made inappropriate comments or touched them inappropriately. He has been fired. Sources/more info: 1 ( 2 ( 3 ( \u201cMany women join at an early and vulnerable point in their career. For some, sexual harassment and conscious and unconscious prejudice have overshadowed their future in journalism and severely damaged their confidence.\u201d \u2014 Vice workers, in an open letter ( Rhys James (/a/sexual-harassment-assault-allegations- list/rhys-james) Producer, Vice Media Publicly reported December 23, 2017 woman reported that he made racist and sexist comments to her. He has been placed on leave. Sources/more info: 1 ( \u201cAmong Ms. Fuertes-Knight\u2019s claims were that a Vice producer, Rhys James, had made racist and sexist statements to her, including asking about the color of her nipples and whether she slept with black men.\u201d \u2014 Emily Steel, New York Times ( Jason Mojica (/a/sexual-harassment-assault-allegations- list/jason-mojica) Former head of Vice News Publicly reported December 23, 2017 Multiple women have reported that he subjected them to unwanted touching or advances, or retaliated after a sexual relationship. He has been fired. Sources/more info: 1 ( \u201cAs women, we get harassed everywhere and we don\u2019t feel compelled to report it because it\u2019s not considered a reportable offense.\" \u2014 Abby Ellis, journalist ( Don Hazen (/a/sexual-harassment-assault-allegations-list/don- hazen) Former executive editor, AlterNet Publicly reported December 21, 2017 Multiple women say he sexually harassed them. He has resigned. Sources/more info: 1 ( 2 ( utm_term=.xyMwBwRPo#.jmnP1PNaM) \u201cEvery in-person meeting had with him, which understood to be a requirement of my employment, felt like an excuse for him to sexually harass me.\u201d \u2014 Laura Gottesdiener, journalist ( utm_term=.prwXAXGVm&bftwnews#.sbX2J2Lqm) Leonard Lopate (/a/sexual-harassment-assault-allegations- list/leonard-lopate) Former radio host Publicly reported December 21, 2017 Multiple people say he made inappopriate comments or sexually harassed them. He has been fired. Sources/more info: 1 ( \u201cLeonard definitely said inappropriate things to me and my coworkers lot.\u201d \u2014 anonymous, to ( Jonathan Schwartz (/a/sexual-harassment-assault-allegations- list/jonathan-schwartz) Former radio host Publicly reported December 21, 2017 Two women say he made inappopriate comments to them, and one of them says he also touched her in an unwelcome way. He has been fired. Sources/more info: 1 ( \u201cIt wasn\u2019t the least bit traumatic. It was inappropriate.\u201d \u2014 Kerry Nolan, radio host ( Tavis Smiley (/a/sexual-harassment-assault-allegations- list/tavis-smiley) Host, Tavis Smiley Publicly reported December 13, 2017 Multiple people have said he had sexual relationships with subordinates and created an abusive and threatening environment. His show has been suspended. Sources/more info: 1 ( \u201cSome witnesses interviewed expressed concern that their employment status was linked to the status of a sexual relationship with Smiley.\u201d \u2014 Daniel Holloway, Variety ( Ryan Lizza (/a/sexual-harassment-assault-allegations-list/ryan- lizza) Former reporter, New Yorker Publicly reported December 11, 2017 woman has said he engaged in sexual misconduct. He has been fired by the New Yorker. Sources/more info: 1 ( 2 ( \u201cOur client reported Mr. Lizza\u2019s actions to ensure that he would be held accountable and in the hope that by coming forward she would help other potential victims.\u201d \u2014 Douglas H. Wigdor, lawyer for the accuser ( _r=0) Marshall Faulk (/a/sexual-harassment-assault-allegations- list/marshall-faulk) Analyst Network; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cFaulk would ask Cantor \u2018deeply personal and invasive questions\u2019 about her sex life; he also fondled her breasts and groped her behind, according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) Ike Taylor (/a/sexual-harassment-assault-allegations-list/ike- taylor) Analyst Network; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cTaylor sent Cantor \u2018sexually inappropriate\u2019 pictures and a video of him masturbating in the shower, according to the filing.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) Heath Evans (/a/sexual-harassment-assault-allegations- list/heath-evans) Analyst Network; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cIt\u2019s outrageous conduct.\u201d \u2014 Laura Horton, lawyer for Jami Cantor, a former Network stylist who is alleging sexual harassment ( Eric Weinberger (/a/sexual-harassment-assault-allegations- list/eric-weinberger) President, the Ringer; former Network executive producer Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Ringer. Sources/more info: 1 ( \u201cWeinberger sent \u2018several nude pictures of himself and sexually explicit texts\u2019 and told Cantor she was \u2018put on earth to pleasure me,\u2019 according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) Donovan McNabb (/a/sexual-harassment-assault-allegations- list/donovan-mcnabb) Analyst, ESPN; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by ESPN. Sources/more info: 1 ( \u201cDonovan McNabb, a former analyst, also texted her explicit comments, according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) Tom Ashbrook (/a/sexual-harassment-assault-allegations- list/tom-ashbrook) Former radio host Publicly reported December 8, 2017 More than 20 current and former employees have said he verbally abused or intimidated them, or subjected them to unwanted touching. After an investigation, he has been fired. Sources/more info: 1 ( 2 ( 3 ( 4 ( worry that Tom\u2019s behavior discourages young women from continuing in journalism.\" \u2014 anonymous, to ( Dylan Howard (/a/sexual-harassment-assault-allegations- list/dylan-howard) Editor, National Enquirer, Us Weekly, and other publications Publicly reported December 6, 2017 Multiple former employees said he sexually harassed women at work. Sources/more info: 1 ( \u201cIt\u2019s almost like had Stockholm syndrome.\u201d \u2014 anonymous, to the ( Lorin Stein (/a/sexual-harassment-assault-allegations- list/lorin-stein) Former editor, Paris Review Publicly reported December 6, 2017 Multiple people have said he made unwanted advances on them, fostered a workplace culture in which looks mattered more than work, or had sex with subordinates. He has resigned. Sources/more info: 1 ( \u201cHe wanted us to be pretty, he wanted us to act that role, and if we didn\u2019t, we weren\u2019t in the light of favor.\u201d \u2014 Deirdre Foley-Mendelssohn, editor ( smid=tw-share&_r=0) John Hockenberry (/a/sexual-harassment-assault-allegations- list/john-hockenberry) Retired radio host Publicly reported December 1, 2017 Multiple women have said he sexually harassed them or sent unwanted sexual or suggestive messages. He has retired. Sources/more info: 1 ( \u201cHe\u2019d been very supportive of me, and thought he\u2019d only been like that because he wanted to sleep with me.\u201d \u2014 anonymous, to the Cut ( Matt Lauer (/a/sexual-harassment-assault-allegations- list/matt-lauer) Former anchor, Today show Publicly reported November 29, 2017 Multiple women have reported that he sexually harassed or assaulted them, including one who said she passed out during an assault. He has been fired from NBC. Sources/more info: 1 ( utm_term=.rsDwWBw6x#.smoOjYO5Z) 2 ( 3 ( action=Click&contentCollection=BreakingNews&contentID=66154191&pgtype=Homepage&_r=0) \u201cHe couldn\u2019t sleep around town with celebrities or on the road with random people, because he\u2019s Matt Lauer and he\u2019s married. So he\u2019d have to do it within his stable, where he exerted power, and he knew people wouldn\u2019t ever complain.\u201d \u2014 anonymous, to Variety ( Garrison Keillor (/a/sexual-harassment-assault-allegations- list/garrison-keillor) Founding host Prairie Home Companion Publicly reported November 29, 2017 woman reported that he subjected her to unwanted sexual touching. He has been dropped by Minnesota Public Radio and the Washington Post syndicate. Sources/more info: 1 ( 2 ( compa) 3 ( stand-out/?utm_term=.861a89aa22f1) 4 ( simply-touching-a-womans-bare-back/?utm_term=.a40b5a33fa3a) \u201cMinnesota Public Radio (MPR) is terminating its contracts with Garrison Keillor and his private media companies after recently learning of allegations of his inappropriate behavior with an individual who worked with him.\u201d \u2014 Minnesota Public Radio statement ( garrison-keillor-and-a-prairie-home-compa) Charlie Rose (/a/sexual-harassment-assault-allegations- list/charlie-rose) Former anchor This Morning; former host, Charlie Rose Publicly reported November 20, 2017 Multiple women have said that he sexually harassed them. He has been fired by CBS, PBS, and Bloomberg. Sources/more info: 1 ( and-lewd-calls/2017/11/20/9b168de8-caec-11e7-8321-481fd63f174d_story.html?utm_term=.879296022b7a) 2 ( accusations-n822691) \u201cEverybody is terrified of him. [\u2026] He creates this environment of constant fear. And then he\u2019ll shine a spotlight on you and make you feel amazing.\u201d \u2014 anonymous, to the Washington Post ( harassed-them--with-nudity-groping-and-lewd-calls/2017/11/20/9b168de8-caec-11e7-8321-481fd63f174d_story.html? utm_term=.aa939cb97a9d) Glenn Thrush (/a/sexual-harassment-assault-allegations- list/glenn-thrush) Reporter, New York Times Publicly reported November 20, 2017 Multiple women have said that he made unwanted advances toward them. He was suspended by the New York Times and removed from the White House beat. Sources/more info: 1 ( 2 ( hate feeling obligated to make him think think everything is fine. [\u2026] It\u2019s been this thing hanging over me feel like have to be nice to this person just because he knows people.\u201d \u2014 anonymous, to Vox ( Matt Zimmerman (/a/sexual-harassment-assault-allegations- list/matt-zimmerman) Former executive News Publicly reported November 16, 2017 Multiple people have said he pursued relationships with young women who worked with him, and sent inappropriate text messages. He has been fired. Sources/more info: 1 ( 2 ( \u201cWe have recently learned that Matt Zimmerman engaged in inappropriate conduct with more than one woman at NBCU, which violated company policy. As a result, he has been dismissed News spokesperson ( claims-1058026) Kaj Larsen (/a/sexual-harassment-assault-allegations-list/kaj- larsen) Former bureau chief, Vice Publicly reported November 15, 2017 woman has reported that he subjected her to unwanted touching and inappropriate sexual comments. He is no longer at the company. Sources/more info: 1 ( \u201cIt felt like a threat. [\u2026] The way he looked at me, the way he grabbed my arm remember feeling scared.\u201d \u2014 Phoebe Barghouty, former Vice associate producer ( vice-of-toxic-sexual-harassment-culture) Vince Ingenito (/a/sexual-harassment-assault-allegations- list/vince-ingenito) Former editor Publicly reported November 13, 2017 woman has reported that he sexually harassed her and a female co-worker. In March, he said he had been laid off. Sources/more info: 1 ( \u201cIt got to the point where couldn\u2019t work for multiple hours a day because was having panic attacks, so decided to quit.\u201d \u2014 Kallie Plagge, editor ( Jann Wenner (/a/sexual-harassment-assault-allegations- list/jann-wenner) Publisher, Rolling Stone Publicly reported November 10, 2017 Multiple people have said he sexually harassed or assaulted them or subjected them to unwanted advances or touching. Sources/more info: 1 ( 2 ( hadn\u2019t known exactly how violating sexual harassment really was until felt the pull inside myself as he dangled that contract in front of my face (at the time was quite desperate for work), while on the other hand was filled with revulsion over his proposition.\u201d \u2014 Ben Ryan, writer ( Michael Hafford (/a/sexual-harassment-assault-allegations- list/michael-hafford) Freelance writer; former \"Male Feminist\" columnist at Broadly, a Vice Media site Publicly reported November 3, 2017 Multiple women have reported that he raped or abused them. He has been banned from contributing to Vice websites. Sources/more info: 1 ( think was in very deep denial that somebody who everybody knows and likes his writing would be capable of hurting me that much.\u201d \u2014 Helen Donahue, former Vice writer and social media editor ( allegatio-1819266286) David Corn (/a/sexual-harassment-assault-allegations- list/david-corn bureau chief, Mother Jones Publicly reported November 2, 2017 Multiple people have said he engaged in inappropriate workplace behavior, including unwanted touching and rape jokes. Mother Jones investigated previous reports, and did so again when new information surfaced, finding no misconduct. Sources/more info: 1 ( \u201cIn the summer and fall of 2014, some women staffers reported that they had quit pitching stories involving rape because David\u2019s reactions made them so uncomfortable.\u201d \u2014 a former Mother Jones staffer ( 244482) Michael Oreskes (/a/sexual-harassment-assault-allegations- list/michael-oreskes) Former senior vice president of news and editorial director, NPR; former editor, New York Times Publicly reported October 31, 2017 Multiple women have reported that he sexually harassed them. He has resigned from NPR. Sources/more info: 1 ( women/2017/10/31/a2078bea-bdf7-11e7-959c-fe2b598d8c00_story.html?utm_term=.b4dda71446b3) 2 ( \u201cThe worst part of my whole encounter with Oreskes wasn\u2019t the weird offers of room service lunch or the tongue kiss but the fact that he utterly destroyed my ambition.\u201d \u2014 anonymous, to the Washington Post ( harassment-by-two-women/2017/10/31/a2078bea-bdf7-11e7-959c-fe2b598d8c00_story.html?utm_term=.b4dda71446b3) Hamilton Fish (/a/sexual-harassment-assault-allegations- list/hamilton-fish) Former publisher, the New Republic; former president, the Nation Institute Publicly reported October 29, 2017 Multiple people said he subjected female employees to inappropriate remarks, touching, and unfair treatment. He has resigned from the New Republic. Sources/more info: 1 ( 2 ( 3 ( \u201cIt all took place against a backdrop where there was no personnel handbook and no one in an role.\u201d \u2014 anonymous, to HuffPost ( women_us_59f79183e4b0c0c8e67c258e) Mark Halperin (/a/sexual-harassment-assault-allegations- list/mark-halperin) Political journalist and author Publicly reported October 25, 2017 Multiple women have reported that he sexually harassed them, in some cases by pressing his genitals against them. He has been dismissed by News and MSNBC, and a book and project have been canceled. Sources/more info: 1 ( 2 ( 3 ( \u201cFor the last 11 years have had to watch this guy find success in every other news organization.\u201d \u2014 anonymous, to ( Leon Wieseltier (/a/sexual-harassment-assault-allegations- list/leon-wieseltier) Former literary editor, the New Republic; founding editor, Idea Journal of Politics and Culture Publicly reported October 24, 2017 Multiple women have said he sexually harassed them. The magazine he was to head has been shuttered. Sources/more info: 1 ( 2 ( 3 ( 4 ( didn\u2019t feel like there was ever any recourse for his behavior, because he was treated as a powerful, even untouchable, person, certainly more important and indispensable than me.\u201d \u2014 Katherine Marsh, writer ( Knight Landesman (/a/sexual-harassment-assault-allegations- list/knight-landesman) Former publisher, Artforum Publicly reported October 24, 2017 Multiple women and men have accused him of sexual harassment or unwanted touching. He has resigned. Sources/more info: 1 ( 2 ( \u201cWhenever I\u2019d see him my body would contract in fear so started avoiding him.\u201d \u2014 anonymous ( Lockhart Steele (/a/sexual-harassment-assault-allegations- list/lockhart-steele) Former editorial director, Vox Media Publicly reported October 20, 2017 former employee has reported unwanted kissing and touching by him. He has been fired. Sources/more info: 1 ( 2 ( \u201c[S]uddenly, in the dark corner of the car, he was kissing my neck.\u201d \u2014 Eden Rohatensky, developer ( fucking-creeps-119f0cbd3f07) Harry Knowles (/a/sexual-harassment-assault-allegations- list/harry-knowles) Founder, Ain't It Cool News Publicly reported September 23, 2017 Multiple women have reported that he sexually harassed or assaulted them. He has stepped down from Ain\u2019t It Cool News. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cHarry sexually harassed me. He has sexually harassed other women in this community for years. This wasn\u2019t an anomaly. He is a predator.\u201d \u2014 Britt Hayes, film writer ( ) Charles Payne (/a/sexual-harassment-assault-allegations- list/charles-payne) Host, Fox Business; contributor, Fox News Publicly reported September 18, 2017 woman says that he raped her, and that Fox retaliated against her when she reported the experience. Payne was suspended but has returned to work following an investigation. Sources/more info: 1 ( _r=0&referer= 2 ( \u201cIn July of 2013 was raped by Charles Payne. [\u2026] In July of 2017 was raped again by Fox News.\u201d \u2014 Scottie Nell Hughes, political commentator ( payne.html?_r=0&referer= Eric Bolling (/a/sexual-harassment-assault-allegations-list/eric- bolling) Former host, Fox News Publicly reported August 4, 2017 Multiple people say he sent unsolicited photos of male genitals to at least 3 colleagues. He has left Fox News, and his show has been canceled. Sources/more info: 1 ( 2 ( 3 ( \u201cThe women did not solicit the messages, which they told colleagues were deeply upsetting and offensive.\u201d \u2014 Yashar Ali, HuffPost ( messages_us_5984d2bbe4b0cb15b1be6d65?hd6) Sean Hannity (/a/sexual-harassment-assault-allegations- list/sean-hannity) Host, Fox News Publicly reported April 21, 2017 former Fox News guest has said he asked her to come back to his hotel, and did not invite her back on his show after she refused. Sources/more info: 1 ( 2 ( 3 ( \u201cAfter said wouldn\u2019t go to his hotel was blacklisted from Fox News.\u201d \u2014 Debbie Schlussel, lawyer and blogger ( harassment-claim-n750211) Bill O'Reilly (/a/sexual-harassment-assault-allegations-list/bill- o-reilly) Former host, Fox News Publicly reported April 1, 2017 Multiple women have said he sexually harassed them. He has been fired from Fox News. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was like street harassment in the office.\u201d \u2014 Perquita Burgess, former Fox temp worker ( sexual-harassment-995841) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 18 Andy Rubin (/a/sexual-harassment-assault-allegations- list/andy-rubin) Former Google executive Publicly reported October 25, 2018 Google employee accused him of coercing her into oral sex, and a company investigation found her claim credible, according to two Google executives. He resigned from Google in 2014 with a $90 million exit package. Sources/more info: 1 ( \u201cShe agreed to meet him at a hotel, where she said he pressured her into oral sex.\u201d \u2014 New York Times ( Richard DeVaul (/a/sexual-harassment-assault-allegations- list/richard-devaul) Google executive Publicly reported October 25, 2018 woman whom DeVaul had interviewed for a job says he invited her to what she thought was a professional meeting, then asked her to take off her shirt and offered her a back rub. He has apologized for an \u201cerror of judgment,\u201d and Google has taken unspecified \u201ccorrective action.\u201d Sources/more info: 1 ( didn\u2019t have enough spine or backbone to shut that down as a 24-year-old.\u201d \u2014 Star Simpson, engineer ( Amit Singhal (/a/sexual-harassment-assault-allegations- list/amit-singhal) Former Google executive Publicly reported October 25, 2018 An employee said that he groped her, according to three people briefed on the incident. He resigned and received an exit package worth millions of dollars, they said. Sources/more info: 1 ( \u201cIn 2015, an employee said Mr. Singhal groped her at a boozy off-site event attended by dozens of colleagues, said three people who were briefed on the incident.\u201d \u2014 New York Times ( Demos Parneros (/a/sexual-harassment-assault-allegations- list/demos-parneros) Former CEO, Barnes & Noble Publicly reported August 28, 2018 former employee said he sexually harassed her. He was fired for this and other violations of company policies, according to Barnes & Noble. Sources/more info: 1 ( [Parneros was] \u201cterminated for sexual harassment, bullying behavior and other violations of company policies.\u201d \u2014 Barnes & Noble board of directors ( lawsuit.html) Terdema Ussery (/a/sexual-harassment-assault-allegations- list/terdema-ussery) Former president and CEO, Dallas Mavericks; former president of global sports, Under Armour Publicly reported February 20, 2018 Multiple women say he subjected them to unwanted advances or touching, or other inappropriate behavior, while they worked for the Mavericks or Under Armour. Sources/more info: 1 ( 2 ( felt trapped, frozen, scared.\u201d \u2014 anonymous, to Sports Illustrated ( cuban-response) Steve Wynn (/a/sexual-harassment-assault-allegations- list/steve-wynn) Founder, Wynn Resorts; former finance chair, Republican National Committee Publicly reported January 27, 2018 Dozens of people have said that he pressured female employees to perform sex acts, exposed himself, or engaged in unwanted touching. He has resigned from the and from Wynn Resorts. Sources/more info: 1 ( 1516985953) 2 ( 3 ( was not brave enough to say, \u2018How dare you?\u2019\u201d \u2014 Shawn Cardinal, former personal assistant to Wynn's ex-wife ( of-sexual-misconduct-by-las-vegas-mogul-steve-wynn-1516985953) Max Ogden (/a/sexual-harassment-assault-allegations- list/max-ogden) Computer programmer; executive director, Code for Science & Society Publicly reported December 15, 2017 former partner reported that Ogden was sexually abusive, controlling, and coercive. Ogden has stepped down from leadership roles with Code for Science & Society and the Dat Project. Sources/more info: 1 ( 2 ( 3 ( think \u2014 all the time \u2014 about my silence. How it protected him while he abused me & protects him now.\u201d \u2014 Jessica Lord, web developer ( Harold Ford Jr. (/a/sexual-harassment-assault-allegations- list/harold-ford-jr) Former managing director and senior client relationship manager, Morgan Stanley; former representative (D-TN) Publicly reported December 7, 2017 woman has reported that he sexually harassed and intimidated her. He has been fired from Morgan Stanley, but the bank now says he was not fired for sexual misconduct. Sources/more info: 1 ( 2 ( \u201cThe woman alleged that Ford engaged in harassment, intimidation, and forcibly grabbed her one evening in Manhattan, leading her to seek aid from a building security guard.\u201d \u2014 Yashar Ali, HuffPost ( psa) Sam Isaly (/a/sexual-harassment-assault-allegations-list/sam- isaly) Co-founder, managing partner, OrbiMed Publicly reported December 5, 2017 Multiple people have reported that he sexually harassed female employees. He announced plans to retire. Sources/more info: 1 ( 2 ( harassment-allegations/933808001/) 3 ( 4 ( \u201cIt was like a fact of life that everyone had to accept. Sam just did what he could get away with.\u201d \u2014 Yanping Ren, former OrbiMed intern ( Shervin Pishevar (/a/sexual-harassment-assault-allegations- list/shervin-pishevar) Venture capitalist; co-founder, Sherpa Capital Publicly reported November 30, 2017 Multiple woman say he sexually assaulted or harassed them. He has resigned from Sherpa Capital. Sources/more info: 1 ( multiple-women) 2 ( wanted to get career advice, and it was twisted into something else.\u201d \u2014 anonymous, to Bloomberg ( sexual-misconduct-by-multiple-women) Howie Rubin (/a/sexual-harassment-assault-allegations- list/howie-rubin) Former portfolio manager, Soros Fund Management Publicly reported November 3, 2017 Three women have reported that he raped and beat them. Sources/more info: 1 ( 2 ( \u201cWhile arrogance and self-import may convince certain men otherwise, neither money nor power gives any person the right to victimize a woman.\u201d \u2014 Jeremy Saland, a lawyer for one of the women ( women-in-penthouse-dungeon/) Caleb Jennings (/a/sexual-harassment-assault-allegations- list/caleb-jennings) Former lead Chicago organizer, Fight for 15 (SEIU) Publicly reported October 24, 2017 Multiple staffers reported that he had a sexist attitude and physically assaulted a female staffer, who was later fired criminal court found him not guilty of assault. He has been fired. Sources/more info: 1 ( \u201cThe sexist and aggressive attitude of Caleb Jennings has created a toxic environment and fear inside the office of the FF15.\u201d \u2014 four Chicago organizers, in an email to SEIU's president ( utm_term=.loVMKgYgn#.fke9KO0OA) Robert Scoble (/a/sexual-harassment-assault-allegations- list/robert-scoble) Blogger; co-founder, the Transformation Group Publicly reported October 19, 2017 Multiple women have reported that he sexually assaulted or harassed them. He has resigned from the Transformation Group. Sources/more info: 1 ( 2 ( 3 ( 4 ( allegations/789071001/) \u201cIt made me sick to work with him, but also he was offering so much help. [\u2026] As women we sometimes have to make tough choices. Do want to call him out, or do want to advance my career?\u201d \u2014 anonymous, to TechCrunch ( women-after-going-sober/) Scott Courtney (/a/sexual-harassment-assault-allegations- list/scott-courtney) Former executive vice president, Service Employees International Union (SEIU) Publicly reported October 19, 2017 Multiple people have said he had a history of relationships with young female staffers, who were later promoted. He has resigned. Sources/more info: 1 ( 2 ( \u201cQuestions were raised about Executive Vice President Scott Courtney relating to a romantic relationship between a staff person and a supervisor.\u201d \u2014 Mary Kay Henry international president ( utm_term=.kamE9wKw5#.wbXe01w1v) Chris Sacca (/a/sexual-harassment-assault-allegations- list/chris-sacca) Retired venture capital investor Publicly reported June 30, 2017 woman reported that he touched her face without her consent. Sources/more info: 1 ( 2 ( \u201cThere is such a massive imbalance of power that women in the industry often end up in distressing situations.\u201d \u2014 Susan Wu, entrepreneur and investor ( sexual-harassment.html?_r=0) Dave McClure (/a/sexual-harassment-assault-allegations- list/dave-mcclure) Investor; co-founder, 500 Startups Publicly reported June 30, 2017 woman has reported that he sexually assaulted her, and another says he made an unwanted advance. He has said he made inappropriate advances to multiple women and has resigned from 500 Startups. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cIt\u2019s the worst position to be in when you feel helpless about something you know was outright wrong.\u201d \u2014 Cheryl Yeoh, entrepreneur ( Justin Caldbeck (/a/sexual-harassment-assault-allegations- list/justin-caldbeck) Co-founder, former managing partner, Binary Capital Publicly reported June 24, 2017 Multiple women have said he made unwanted advances toward them. He has resigned from Binary Capital. Sources/more info: 1 ( 2 ( \u201cWhile we\u2019re happy that he apologized and we\u2019re happy especially for the support of the amazing women and men, our strong preference would have been to not be in this position to begin with.\u201d \u2014 Leiti Hsu, co-founder of the startup Journy ( making-unwanted-advances/) Travis Kalanick (/a/sexual-harassment-assault-allegations- list/travis-kalanick) Founder, Uber Publicly reported June 17, 2017 female employee has said he visited a bar with escort services, along with her and other employees, making her uncomfortable. Multiple employees also reported discrimination, sexual harassment, and a toxic environment at the company. Kalanick has resigned. Sources/more info: 1 ( 2 ( 3 ( \u201cEvery time something ridiculous happened, every time a sexist email was sent, I\u2019d sent a short report to just to keep a record going.\u201d \u2014 Susan J. Fowler, former Uber engineer ( uber ) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 46 Eric Bauman (/a/sexual-harassment-assault-allegations- list/eric-bauman) Former chair, California Democratic Party Publicly reported November 28, 2018 Multiple people say he made sexually explicit comments in the workplace and other professional settings, and engaged in unwanted touching. He has resigned. Sources/more info: 1 ( 2 ( felt really embarrassed, almost ashamed, and uncomfortable.\u201d \u2014 Grace Leekley, temporary party staffer ( 20181128-story.html) Albert J. Alvarez (/a/sexual-harassment-assault-allegations- list/albert-j-alvarez) Former chief of staff, New Jersey Schools Development Authority Publicly reported October 10, 2018 woman has said he sexually assaulted her when they both worked on New Jersey Gov. Phil Murphy\u2019s campaign. He has resigned from his position with the New Jersey schools. Sources/more info: 1 ( criminal-allegation-642671?mod=article_inline) 2 ( straight up said: \u2018This is not consensual.\u2019\u201d \u2014 Katie Brennan, chief of staff, New Jersey Housing and Mortgage Finance Agency ( assault-accusation-in-new-jersey-exposes-a-national-dilemma-1539542172) Charles Schwertner (/a/sexual-harassment-assault-allegations- list/charles-schwertner) Texas state senator (R-Georgetown) Publicly reported September 25, 2018 graduate student at Austin said he sent her an explicit text message Austin investigation found it was \u201cplausible\u201d that a third party had sent the message, though Schwertner did not fully cooperate with the investigation. Sources/more info: 1 ( misconduct-claim/asnidSImg1fcb2FNBZ8iCO/) 2 ( \u201cPlease stop the inappropriate texts, it is unprofessional.\u201d \u2014 anonymous, graduate student, in a message to Schwertner ( related-investigation-charles-schwertner/) Brett Kavanaugh (/a/sexual-harassment-assault-allegations- list/brett-kavanaugh) Supreme Court justice Publicly reported September 14, 2018 woman has said he sexually assaulted her, another has said he thrust his genitals in her face without her consent, and others have said they witnessed abusive or inappropriate behavior by him. After a hearing and investigation into some of the allegations, he was confirmed to the Supreme Court. Sources/more info: 1 ( kavanaugh-stirs-tension-among-democrats-in-congress) 2 ( about-her-allegation-of-sexual-assault/2018/09/16/46982194-b846-11e8-94eb-3bd52dfe917b_story.html) 3 ( supreme-court-nominee-brett-kavanaughs-college-years-deborah-ramirez) 4 ( 5 ( thought that Brett was accidentally going to kill me.\u201d \u2014 Christine Blasey Ford, psychology professor ( statement-for-senate-hearing) David Keyes (/a/sexual-harassment-assault-allegations- list/david-keyes) Former spokesperson for Prime Minister Benjamin Netanyahu of Israel Publicly reported September 11, 2018 woman has said he sexually assaulted her, and three others have said he tried to bully them into sex. He has resigned as Netanyahu\u2019s spokesperson. Sources/more info: 1 ( \u201cIt was completely nonconsensual.\u201d \u2014 Julia Salazar, New York state Senate candidate ( israel.html) Tom Frieden (/a/sexual-harassment-assault-allegations- list/tom-frieden) Former director, Centers for Disease Control and Prevention Publicly reported August 24, 2018 woman reported that he groped her. He has been charged with sexual abuse, forcible touching, and harassment. Sources/more info: 1 ( idUSKCN1L91PV) 2 ( saw his face again and realized all this man had been doing was protecting himself.\u201d \u2014 the woman who has reported that Frieden groped her ( busted-groping-20180824-story.html) Nick Sauer (/a/sexual-harassment-assault-allegations- list/nick-sauer) Former state representative, Illinois (R-51st district) Publicly reported August 1, 2018 An ex-girlfriend has said he posted nude photos of her on a fake Instagram account without her consent. He has resigned. Sources/more info: 1 ( 2 ( \u201cNick would use [a fake Instagram account] to direct message men with my photos to engage in graphic conversations of a sexual nature.\u201d \u2014 Kate Kelly, ex-girlfriend of Nick Sauer ( Corey Coleman (/a/sexual-harassment-assault-allegations- list/corey-coleman) Former personnel chief, Federal Emergency Management Agency Publicly reported July 30, 2018 He is under investigation in connection with allegations that he sexually harassed an employee and created an environment in which women were hired as possible sex partners for male employees. He has resigned from FEMA. Sources/more info: 1 ( employees-agency-chief-says/2018/07/30/964da518-9403-11e8-80e1-00e80e1fdf43_story.html?utm_term=.8feb29dc11f9) 2 ( complaints/2018/08/02/52d9785e-964f-11e8-810c-5fa705927d54_story.html?utm_term=.b182fd5f90b3) \u201cWhat we uncovered was a systemic problem going back years.\u201d \u2014 William \"Brock\" Long administrator ( some-as-possible-sexual-partners-for-male-employees-agency-chief-says/2018/07/30/964da518-9403-11e8-80e1- 00e80e1fdf43_story.html?utm_term=.8feb29dc11f9) Mel Watt (/a/sexual-harassment-assault-allegations-list/mel- watt) Director, Federal Housing Finance Agency (Democrat) Publicly reported July 27, 2018 An employee has said he sexually harassed her. He is under investigation. Sources/more info: 1 ( metoo-story/?utm_term=.6010e94fbbba) 2 ( felt vulnerable and unsafe.\u201d \u2014 Simone Grimes, supervisory program management analyst ( watches-kavanaugh-senate-hearing-house-will-hear-another-metoo-story/?utm_term=.6010e94fbbba) Curtis Hill (/a/sexual-harassment-assault-allegations- list/curtis-hill) Attorney general, Indiana (Republican) Publicly reported July 2, 2018 lawmaker, two staffers, and another woman have said he touched them inappropriately. He is under criminal investigation. Sources/more info: 1 ( 2 ( hill/868706002/) 3 ( appointed/826870002/) \u201c[H]e grabbed my hand and moved both of our hands over my butt, lingering there before releasing me.\u201d \u2014 Niki DaSilva, Indiana state Senate aide ( memo-detailing-allegations-against-hill/868706002/) Eric Schneiderman (/a/sexual-harassment-assault-allegations- list/eric-schneiderman) Former attorney general, New York (D) Publicly reported May 7, 2018 Multiple women have said he physically abused them, in some cases during sex. He has resigned. After an investigation, prosecutors announced he would not face criminal charges. Sources/more info: 1 ( 2 ( 3 ( \u201cTaking a strong woman and tearing her to pieces is his jam.\u201d \u2014 Michelle Manning Barish, writer and activist ( attorney-general-of-physical-abuse) Clay Johnson (/a/sexual-harassment-assault-allegations- list/clay-johnson) Political technoogy expert; former lead programmer, Howard Dean campaign Publicly reported May 4, 2018 Two women have said he sexually assaulted them, and others have said he made inappropriate sexual comments. Sources/more info: 1 ( \u201c[B]efore could say anything, the next thing remember is was pinned on his bed.\u201d \u2014 Sarah Schacht, former Howard Dean campaign staffer ( dean-campaign_us_5aebb6d7e4b0c4f1932090ac?pdb) Tony C\u00e1rdenas (/a/sexual-harassment-assault-allegations- list/tony-cardenas representative (D-CA) Publicly reported April 27, 2018 woman has sued, alleging that an unnamed elected official sexually assaulted her when she was a teenager. C\u00e1rdenas has confirmed he is the subject of the suit, though he denies the allegations. Sources/more info: 1 ( 2 ( abuse/2018/05/03/0f2ef7d8-4f04-11e8-af46-b1d6dc0d9bfe_story.html?utm_term=.2d65cb07fae2) \u201cThe suit alleges sexual battery, assault and intentional infliction of emotional distress.\u201d \u2014 Dakota Smith, Los Angeles Times ( Benton Strong (/a/sexual-harassment-assault-allegations- list/benton-strong) Former associate director for communications, Center for American Progress Action Fund; former employee, Seattle Office of Sustainability and Energy Publicly reported April 23, 2018 Two women have reported that he made inappropriate comments or sent unwanted, sexually explicit text messages. Another woman reported that he harassed and assaulted her after a breakup in college. He has resigned from his job with the city of Seattle. Sources/more info: 1 ( utm_term=.ovxDYDMne#.vp8QvQOwn surely expected better out of an organization that housed a national campaign on sexual assault.\u201d \u2014 Mary, in a memo to ( utm_term=.ovxDYDMne#.vp8QvQOwn) Benjamin Sparks (/a/sexual-harassment-assault-allegations- list/benjamin-sparks) Political adviser Publicly reported April 4, 2018 Sparks\u2019s ex-fianc\u00e9e has said that he sexually enslaved and battered her. He has been fired from the consulting firm where he was the political affairs director and has been charged with misdemeanor domestic battery. Sources/more info: 1 ( her-his-sex-slave/) 2 ( woman-his-sex-slave/) \u201cOver the last month it escalated into very rough sex where he\u2019d actually hurt me.\" \u2014 anonymous, to the Las Vegas Review-Journal ( says-las-vegas-gop-campaign-adviser-made-her-his-sex-slave/) Nicholas Kettle (/a/sexual-harassment-assault-allegations- list/nicholas-kettle) Former Rhode Island state senator (R-Coventry) Publicly reported February 19, 2018 He has been charged with video voyeurism for allegedly sending nude photos of a woman without her knowledge, and with extorting sex from a teenage state House page. He has resigned. Sources/more info: 1 ( 2 ( house-page) 3 ( \u201cMr. Kettle stated that he needed to be \u2018stealthy\u2019 and was asking [the friend] for advice on how to take a video without [his girlfriend] knowing.\u201d \u2014 Robert Hopkins, Rhode Island state police detective ( girlfriend-to-married-friend/?utm_medium=social&utm_source=twitter_StephMachado) Ed Crane (/a/sexual-harassment-assault-allegations-list/ed- crane) Co-founder, Cato Institute Publicly reported February 8, 2018 Multiple woman say he sexually harassed them, and others say he made inappropriate comments about women\u2019s bodies and clothing in the workplace. Sources/more info: 1 ( utm_content=buffer16e91&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer) \u201cThe minute she left he turned to all the men in the room and went, \u2018Man, I\u2019d love to have her sit on my face.\u2018\u201d \u2014 anonymous, to Politico ( utm_content=buffer16e91&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer) Cristina Garcia (/a/sexual-harassment-assault-allegations- list/cristina-garcia) California state Assembly member (D) Publicly reported February 8, 2018 Multiple men have reported that she groped them or made unwanted advances. Sources/more info: 1 ( 2 ( spin-the-bottle-complaint-says/?utm_term=.b3da754dce8d) \u201cShe looked at me for a second and said, \u2018I\u2019ve set a goal for myself to fuck you.\u2019\u201d \u2014 anonymous, to Politico ( Burns Strider (/a/sexual-harassment-assault-allegations- list/burns-strider) Former adviser, Hillary Clinton presidential campaign (2008); former leader, Correct the Record Publicly reported January 26, 2018 woman reported that he sexually harassed her while they worked on the Clinton campaign, and multiple former colleagues say he was fired from Correct the Record after sexual harassment allegations there. Sources/more info: 1 ( 2008.html?smid=tw-share) \u201cShe told a campaign official that Mr. Strider had rubbed her shoulders inappropriately, kissed her on the forehead and sent her a string of suggestive emails\u201d \u2014 Maggie Haberman and Amy Chozick, New York Times ( to-shield-a-top-adviser-accused-of-harassment-in-2008.html?smid=tw-share) Patrick Meehan (/a/sexual-harassment-assault-allegations- list/patrick-meehan representative (R-PA) Publicly reported January 20, 2018 former aide reported that he made unwanted advances toward her. He has been removed from the House Ethics Committee and will not seek reelection. Sources/more info: 1 ( 2 ( \u201cMr. Meehan professed his romantic desires for her \u2014 first in person, and then in a handwritten letter \u2014 and he grew hostile when she did not reciprocate, the people familiar with her time in the office said.\u201d \u2014 Katie Rogers and Kenneth P. Vogel, New York Times ( harassment.html) Jeffrey Klein (/a/sexual-harassment-assault-allegations- list/jeffrey-klein) New York state senator (D-Bronx) Publicly reported January 10, 2018 woman says he forcibly kissed her. The New York state Democratic Party has called for an investigation. Sources/more info: 1 ( 2 ( \u201cAll of a sudden there was a hand on the back of my head and he shoved his tongue down my throat.\u201d \u2014 Erica Vladimer, former New York state Senate staffer ( misconduct_us_5a5531cbe4b03417e872f80e?4ps) Eric Greitens (/a/sexual-harassment-assault-allegations- list/eric-greitens) Governor, Missouri (R) Publicly reported January 10, 2018 According to an investigative report, he coerced a woman into oral sex, claimed to have taken a compromising photo of her, and threatened to release it if she told anyone. He has been charged with invasion of privacy. Sources/more info: 1 ( 2 ( 3 ( \u201cHe stepped back saw a flash through the blindfold and he said: \u2018you\u2019re never going to mention my name, otherwise there will be pictures of me everywhere.\u2019\u201d \u2014 anonymous, on a tape obtained by ( affair#.WlbpAn6BIAA.twitter) Corey Lewandowski (/a/sexual-harassment-assault-allegations- list/corey-lewandowski) Political commentator; former campaign manager for Donald Trump Publicly reported December 22, 2017 woman has filed a sexual assault complaint against him, saying he slapped her twice on the buttocks. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was completely demeaning and shocking.\u201d \u2014 Joy Villa, singer ( Andrea Ramsey (/a/sexual-harassment-assault-allegations- list/andrea-ramsey) Former candidate for the House of Representatives (D-KS) Publicly reported December 15, 2017 man has reported that she sexually harassed him and retaliated when he rejected her advances. She has dropped out of her congressional race. Sources/more info: 1 ( \u201cAfter rejected her, she told me she now was hearing bad things about my performance and on June 13, 2005, terminated my employment.\u201d \u2014 Gary Funkhouser, former employee, LabOne ( Bobby Scott (/a/sexual-harassment-assault-allegations- list/bobby-scott representative (D-VA) Publicly reported December 15, 2017 woman reports that he sexually harassed her. Sources/more info: 1 ( denied-lawmaker/955214001 was propositioned to have a sexual relationship with my boss that did not want was retaliated against was wrongfully terminated and was blackballed.\u201d \u2014 M. Reese Everson, author and attorney ( alleges-sexual-harassment-strongly-denied-lawmaker/955214001/) Ed Murray (/a/sexual-harassment-assault-allegations-list/ed- murray) Secretary of state, Wyoming (R) Publicly reported December 14, 2017 woman says that he sexually assaulted her. Sources/more info: 1 ( assaulted/article_2f1faf41-90a7-52b4-b6c6-bbf374843977.html#utm_source=trib.com&utm_campaign=%2Femail- updates%2Fbreaking%2F&utm_medium=email&utm_content was disgusted and horrified.\u201d \u2014 Tatiana Maxwell, real estate developer ( secretary-of-state-ed-murray-sexually-assaulted/article_2f1faf41-90a7-52b4-b6c6- bbf374843977.html#utm_source=trib.com&utm_campaign=%2Femail- updates%2Fbreaking%2F&utm_medium=email&utm_content=) Dan Johnson (/a/sexual-harassment-assault-allegations- list/dan-johnson) Former state representative (R-KY) Publicly reported December 12, 2017 woman reported that he sexually assaulted her when she was 17. He killed himself shortly after the allegations were published. Sources/more info: 1 ( 2 ( resign/) 3 ( his-widow-calls-it-a-high-tech-lynching/?utm_term=.de8f0844cfb5) \u201cWhat you did was beyond mean, it was evil.\u201d \u2014 Maranda Richmond, in a message to Johnson ( Alex Kozinski (/a/sexual-harassment-assault-allegations- list/alex-kozinski) Retired judge Court of Appeals for the Ninth Circuit Publicly reported December 9, 2017 Multiple former employees have said he showed them pornography, touched them inappropriately, or made inappropriate sexual comments to them. He has retired. Sources/more info: 1 ( misconduct/2017/12/08/1763e2b8-d913-11e7-a841-2066faf731ef_story.html?utm_term=.48dd2ff565cf) 2 ( 3 ( allegations) \u201cIt wasn\u2019t just clear that he was imagining me naked, he was trying to invite other people \u2014 my professional colleagues \u2014 to do so as well.\u201d \u2014 Emily Murphy, former clerk ( kozinski-accused-of-sexual-misconduct/2017/12/08/1763e2b8-d913-11e7-a841-2066faf731ef_story.html?utm_term=.c956f1b10870) Trent Franks (/a/sexual-harassment-assault-allegations- list/trent-franks) Former representative (R-AZ) Publicly reported December 7, 2017 House sources said that he approached two female staffers about acting as a gestational surrogate for his wife and him. He has resigned. Sources/more info: 1 ( 2 ( 3 ( was asked a few times to look over a \u2018contract\u2019 to carry his child, and if would conceive his child would be given $5 million.\u201d \u2014 anonymous, to ( Borris Miles (/a/sexual-harassment-assault-allegations- list/borris-miles) State representative (D-TX) Publicly reported December 6, 2017 Multiple people have said that he subjected women to unwanted advances, sexual comments, or forcible kissing. Sources/more info: 1 ( just remember thinking need to go, and need to not be here anymore.\u2019\u201d \u2014 anonymous, to the Daily Beast ( capitol) Carlos Uresti (/a/sexual-harassment-assault-allegations- list/carlos-uresti) State representative (D-TX) Publicly reported December 6, 2017 Two women have reported that he sexually harassed them. Sources/more info: 1 ( \u201cHe put his hands on me, he ogled me would not get in an elevator with him.\u201d \u2014 anonymous, to the Daily Beast ( capitol) Matt Dababneh (/a/sexual-harassment-assault-allegations- list/matt-dababneh) Former California state Assembly member (D) Publicly reported December 4, 2017 woman has reported that he exposed himself to her and masturbated in front of her, and another has said he harassed her. He has resigned. Sources/more info: 1 ( bathroom/) 2 ( \u201cDuring the time he blocked me in that room, my instincts were focused on escaping without physical contact and in a way that would not cause a scene.\u201d \u2014 Pamela Lopez, lobbyist ( harassed-her-in-a-bathroom/) Rub\u00e9n Kihuen (/a/sexual-harassment-assault-allegations- list/ruben-kihuen representative (D-NV); former Nevada state senator Publicly reported December 1, 2017 Two women have reported that he sexually harassed them. Sources/more info: 1 ( utm_term=.iiPJY3D5AD#.uuJqGL8648) 2 ( \u201cYou don\u2019t really know what to say when a senator tells you, like, \u2018Nice ass.\u2019\u201d \u2014 anonymous, to the Nevada Independent ( persistent-unwanted-sexual-advances) Blake Farenthold (/a/sexual-harassment-assault-allegations- list/blake-farenthold representative (R-TX) Publicly reported November 30, 2017 former staffer sued him, alleging gender discrimination, sexual harassment, and creating a hostile work environment. He used taxpayer money to settle the claim. He will not seek reelection. Sources/more info: 1 ( 2 ( 3 ( \u201cIt\u2019s definitely turned my life upside down.\u201d \u2014 Lauren Greene, former communications director for Farenthold ( sexual-harass-greene-278869) John Conyers (/a/sexual-harassment-assault-allegations- list/john-conyers) Former representative (D-MI) Publicly reported November 20, 2017 Multiple former employees have said he sexually harassed female staffers. He has resigned. Sources/more info: 1 ( 2 ( 3 ( 4 ( says/2017/12/05/17057ea0-d9bb-11e7-a841-2066faf731ef_story.html?utm_term=.37d0bbc4ae44 was basically blackballed. There was nowhere could go.\" \u2014 anonymous, to BuzzFeed ( utm_term=.jaYwr3D3b#.uxxxQ5g5V) Wesley Goodman (/a/sexual-harassment-assault-allegations- list/wesley-goodman) Former state representative (R-OH) Publicly reported November 17, 2017 man reported that Goodman groped him, and multiple men said he sent them unwanted or inappropriate sexual or suggestive messages. He quit after it was revealed that he had a consensual sexual encounter with a man in his office. Sources/more info: 1 ( gop-star/2017/11/17/b3b4b8da-c956-11e7-b0cf-7689a9f2d84e_story.html) 2 ( goodman/) 3 ( male.html) \u201cHe also asked how much \u2018p******y was getting and wondering what was doing on Friday and Saturday nights.\u201d \u2014 anonymous, to ( gop-rep-wes-goodman/) Al Franken (/a/sexual-harassment-assault-allegations-list/al- franken senator (D-MN) Publicly reported November 16, 2017 Multiple women have reported that he groped or otherwise harassed them. He has announced that he will resign from Congress. Sources/more info: 1 ( 2 ( 3 ( was stunned and incredulous felt demeaned felt put in my place.\u201d \u2014 anonymous former elected official in New England, to Jezebel ( franken-tried-to-g-1820849687) Jeff Kruse (/a/sexual-harassment-assault-allegations-list/jeff- kruse) Oregon state senator (R-Roseburg) Publicly reported November 15, 2017 Two women have reported that he sexually harassed or inappropriately touched them. He has been relieved of committee assignments and is under investigation. Sources/more info: 1 ( 2 ( \u201cWhat made all of this worse is that not only was continuing to experience this behavior, [\u2026] but was witnessing this happen to other women.\u201d \u2014 Sara Gelser, Oregon state senator (D-Corvallis) ( Calvin Smyre (/a/sexual-harassment-assault-allegations- list/calvin-smyre) Georgia state representative (D-Columbus) Publicly reported November 10, 2017 woman reported that he sexually assaulted her. Sources/more info: 1 ( 2 ( 3 ( \u201cHow many stories of assault and harassment have never been told because of political connections?\u201d \u2014 Jehmu Greene, political commentator ( Steve Lebsock (/a/sexual-harassment-assault-allegations- list/steve-lebsock) Former state representative, Colorado (D-Thornton) Publicly reported November 10, 2017 Multiple women have reported that he sexually harassed them. The Colorado House of Representatives has voted to expel him. Sources/more info: 1 ( 2 ( 3 ( \u201cOn Monday, for the first time in nearly two years, I\u2019m going to come to a building where I\u2019m not going to be worried about retaliation from someone stood up to.\u201d \u2014 Faith Winter, Colorado state representative ( Roy Moore (/a/sexual-harassment-assault-allegations-list/roy- moore) Former judge; 2017 Senate candidate Publicly reported November 9, 2017 Multiple women have said he sexually abused or assaulted them, or pursued them sexually or romantically when they were teenagers. Sources/more info: 1 ( 32/2017/11/09/1f495878-c293-11e7-afe9-4f60b5a6c4a0_story.html?tid=sm_tw&utm_term=.512aedc10bfb) 2 ( felt like had done something bad. And it kind of set the course for me doing other things that were bad.\u201d \u2014 Leigh Corfman, customer service representative ( initiated-sexual-encounter-when-she-was-14-he-was-32/2017/11/09/1f495878-c293-11e7-afe9-4f60b5a6c4a0_story.html? tid=sm_tw&utm_term=.d9990836f257) Dwayne Duron Marshall (/a/sexual-harassment-assault- allegations-list/dwayne-duron-marshall) Former chief of staff to Rep. Brenda Lawrence (D-MI) Publicly reported November 7, 2017 Multiple women have said he made inappropriate comments or engaged in unwanted touching in the workplace. He has resigned. Sources/more info: 1 ( 2 ( \u201cShe\u2019s complicit because she knows. [\u2026] She knows he makes comments. She knows he rubs the back and rubs the shoulders.\u201d \u2014 anonymous, about Rep. Lawrence, to Politico ( aide-244617) Tony Mendoza (/a/sexual-harassment-assault-allegations- list/tony-mendoza) California state senator (D-Artesia) Publicly reported November 7, 2017 Multiple people have said that he behaved inappropriately with a female legislative fellow and other staffers. He is under investigation and has been stripped of his leadership positions. Sources/more info: 1 ( 1513299672-htmlstory.html) 2 ( 3 ( 1517619265-htmlstory.html) \u201cShe said she feared for her job if she refused the invitations.\u201d \u2014 Patrick McGreevy, Los Angeles Times ( mendoza-under-investigation-for-1517619265-htmlstory.html) Raul Bocanegra (/a/sexual-harassment-assault-allegations- list/raul-bocanegra) Former California state Assembly member (D) Publicly reported October 27, 2017 Multiple women have reported that he groped them or made unwanted advances. He has resigned. Sources/more info: 1 ( 2 ( election/) 3 ( misconduct/) \u201cHe grabbed me with one hand, grabbed my head and shoved his tongue into my mouth.\u201d \u2014 Sylvia Castillo, former student mentorship program coordinator ( lawmaker-accused-of-groping-fellow-staffer-will-not-run-for-re-election/) George H.W. Bush (/a/sexual-harassment-assault-allegations- list/george-h-w-bush) Former president Publicly reported October 25, 2017 Multiple women have said he groped them during photo ops. Sources/more info: 1 ( 2 ( \u201cAt the very moment when was feeling honored to be recognized for my work and to raise money for this important organization that believe in, President Bush made clear to me that because am a woman can be objectified, sexualized, reduced to a body part.\u201d \u2014 Christina Baker Kline, novelist ( Donald Trump (/a/sexual-harassment-assault-allegations- list/donald-trump) President of the United States Publicly reported October 15, 2017 More than a dozen women have accused him of sexual assault, harassment, or other misconduct. Sources/more info: 1 ( 2 ( 3 ( her-consent-the-white-house-denies-the-charge/2019/02/25/fe1869a4-3498-11e9-946a-115a5932c45b_story.html? utm_term=.a63ec198874b) \u201cHe was like an octopus. [\u2026] His hands were everywhere.\u201d \u2014 Jessica Leeds, businesswoman ( hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top- news) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 40 \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf WRITING: Anna North, Constance Grady, Laura McGann, Aja Romano William Jacoby (/a/sexual-harassment-assault-allegations-list/william Political science professor, Michigan State University; editor, American Journal of Political Science Publicly reported April 17, 2018 Two former students have reported that Jacoby sexually harassed them. The allegations are the subject of multiple investiga announced he will step down from the American Journal of Political Science. Sources/more info: 1 ( 2 ( \u201cHe asked if would consider having an affair with him, suggesting that it would be good for my career to work with h \u2014 Rebecca Gill, political science professor ( backlash) EDITING: Michelle Garcia, Susannah Locke, Eleanor Barkhorn DESIGN: Amanda Northrop, Christina Animashaun DEVELOPMENT: Ryan Mark, Kavya Sukumar EDITING: Tanya Pai LEAD: Kainaz Amaria Images: AP, Getty Images, Vjeran Pavic, Wikicommons ( Terms of Use ( \u2022 Privacy Policy ( \u2022 \u00a9 Vox Media, Inc. ( All rights reserved", "8174_106.pdf": "William G. Jacoby William G. Jacoby (born c. 1953) is a political scientist, and former professor at Michigan State University.[1][2] He was editor in chief of the American Journal of Political Science until 2018 when he resigned following sexual harassment allegations.[3] Both the University of Michigan and Michigan State later found that he had sexually harassed female graduate students, which Jacoby denied.[4] He retired from Michigan State University on January 1, 2019.[5] Me Too movement 1. Copeland, Lib (July 30, 2008). \"U.S. voters still difficult to pin down\" ( content/life/stories/2008/07/30/1A_VOTER_BOOK.ART_ART_07-30-08_D1_92AS9RR.html?sid= 101). Columbus Dispatch. Retrieved 2010-07-04. 2. \"Why we vote the way we do\" ( Physorg.com. Retrieved 9 January 2018. 3. \"Editorial Malpractice?\" ( cal-science-journal-uses-website-deny-harassment). Inside Higher Ed. 4 political scientist tried to trade academic guidance for sex, university finds\" ( ingstatejournal.com/story/news/2019/01/14/msu-um-find-political-scientist-propositioned-grad-stud ents-sex/2558997002/). Lansing State Journal. 5 professor investigated for sexual misconduct, resigns from journal\" ( ily.com/academics/msu-professor-and-um-researcher-accused-sexual-misconduct-resigns-journa l/). TheMichiganDaily. Retrieved 28 May 2021. Website at Michigan State ( Retrieved from \" See also References External links", "8174_107.pdf": "political scientist tried to trade academic guidance for sex, university finds Published 7:30 a.m Jan. 14, 2019 Updated 2:00 p.m Jan. 14, 2019 former Michigan State University political science professor propositioned a graduate student \u201cfor sexual favors in exchange for his academic guidance regarding her research and paper,\u201d according an investigative report provided to the State Journal. William Jacoby \u2013 an eminent figure in his field who until last year served as the editor of the American Journal of Political Science \u2013 sexually harassed graduate students at both the University of Michigan and MSU, according to investigations by those institutions. Jacoby denies both allegations, writing of the latter vehemently disagree with the OIE's findings. Currently am considering my appeal options.\u201d He retired from effective Jan. 1. The former student who sought Jacoby\u2019s help with a research project told investigators that Jacoby glanced at her paper before becoming aggressive and asking, \u201cWhat are you going to give me?\u201d Jacoby would have her gratitude, she responded, and the satisfaction of doing his job Wolcott Lansing State Journal His response was, \u201cYou can\u2019t expect me to do something for nothing, quid pro quo,\u201d the woman told investigators. It sounded like \u201ca sexual ask,\u201d she told investigators felt like he was asking me for (oral sex) or something.\u201d Jacoby told investigators he didn\u2019t recall ever using the term \u201cquid pro quo.\u201d When he said he couldn\u2019t do something for nothing meant intellectual payoff,\u201d he told investigators. The woman, whose name was redacted in the report reviewed by the Lansing State Journal, is one of two former students found to have been sexually harassed by Jacoby. The other incident happened at the University of Michigan shortly before Jacoby went to work for conference talk Jacoby was a lecturer with the Inter-University Consortium for Political and Social Research Summer Program at in the summer of 2002. Rebecca Gill was an political science graduate student taking part in the program. On the night the program ended, participants went out to celebrate. Gill recalls that she and Jacoby were sitting next to each other at an Ann Arbor bar when the conversation took an uncomfortable turn. Jacoby talked about how mysterious she was, Gill said, then he asked her if she\u2019d consider having an affair with him was stunned,\u201d Gill said in an interview Friday just kind of came to senses and said something like \u2018You can\u2019t expect me to answer that witness backed up Gill\u2019s recollection to investigators, saying she was sitting across from them and heard Jacoby say the word \u201caffair.\u201d The witness suggested that she and Gill leave. Around 2005, Gill met with Jacoby seeking his blessing to not have him on her dissertation committee, citing the incident in the bar as the reason, she said. Jacoby denied that he\u2019d propositioned Gill, becoming defensive and the meeting ended with Gill feeling shaken, she told investigators. Gill would take a job out of state and wait three years before submitting her dissertation and graduating to avoid having Jacoby on her committee. \u201cThat put me on the job market in 2008, and am extremely lucky was able to find a full-time tenure-track position,\u201d Gill said year ago, as Gill was preparing to participate in a panel on mentorship at the 2018 Southern Political Science Conference, she reflected on the things her male mentors were unable to provide and realized how much came back to her experience at the Ann Arbor bar a decade and a half ago, she said. The mentors she\u2019d told didn\u2019t grasp how that kind of experience damages the confidence of students, particularly those who already felt like they didn\u2019t belong never seriously considered talking about it publicly,\u201d she said, but noted that the #MeToo movement was underway and that she had tenure and the backing of her bosses at the University of Nevada, Las Vegas. \u201cMaybe now is the right time,\u201d she thought. And so she discussed the incident during the panel but didn\u2019t mention Jacoby\u2019s name. She did, however, include enough specifics so that the audience and readers on Facebook and Twitter wouldn\u2019t confuse Jacoby for another male colleague. In April, Jacoby posted a letter from the editor on the website of the American Journal of Political Science. \u201cIt is apparently widely known that allegations related to sexual harassment have been made against me,\u201d his letter began. \u201cThe allegations are untrue.\u201d The post prompted strong rebukes from fellow political scientists, and Jacoby later removed the post, apologizing to those who were offended and saying he was \u201cmerely trying to explain the course of action that plan to follow.\u201d He stepped down as editor in April. The University of Michigan concluded on Oct. 12 that Jacoby \u201cengaged in behavior that violated the university\u2019s sexual harassment policy.\u201d \u201cWith respect to the report reject its conclusion and continue to deny the accusation,\u201d he wrote in an email. He went on to write that the determination was based on a \u201cbiased and incomplete consideration of the evidence presented\u201d and wasn\u2019t done consistent with the university\u2019s policies. Jacoby continued, \u201cBut apparently have no recourse or right of appeal. So, as far as am concerned, that matter is closed.\u201d He retired from MSU, effective New Year\u2019s Day. He\u2019d always planned to retire once his time as editor ended, he wrote in an email pattern of behavior Valerie Sulfaro learned of Gill\u2019s story from the chair of her dissertation committee. After reading more about it, she saw similarities to her own experiences with Jacoby. Sulfaro was a graduate student at the University of South Carolina in the early 1990s when Jacoby was a professor there. Because he was the only faculty member there involved in her subfield, she came to see him as a mentor. One day, Jacoby came to her office, shut the door and said he\u2019d noticed she had shown signs of being interested in him. He asked if she would like to \u201cpursue a relationship,\u201d Sulfaro told investigators. \u201cWhen he did proposition me was surprised, confused, dismayed, guilty and thought must have done something to make him think that,\u201d Sulfaro said. She felt pressured not to reject him because of the impact it could have on her future career. She ultimately engaged in a relationship with Jacoby for about two years, before his wife discovered the affair. After learning of Gill\u2019s experience, Sulfaro contacted of and several other organizations Jacoby was involved in contacted Gill 12 days after Sulfaro wrote to them requesting an investigation. In its report noted that each woman was able to provide witnesses to back up claims that Jacoby \u201cpropositioned them as a result of his position.\u201d \u201cThis additional evidence shows a distinct pattern of behavior by Respondent,\u201d wrote investigators from Kroll, the firm brought on last year to aid in the investigation of sexual misconduct complaints. \u201cThis evidence supports that he sexually propositions female graduate students in the Political Science field, particularly students who express interest in benefitting from his influence, guidance, and support within their education and career.\u201d Jacoby currently has no affiliation with MSU, unversity spokesperson Heather Young wrote in an email. As of Saturday, he still has a professor page on the Department of Political Science\u2019s website. \u201cBroadly speaking can\u2019t discipline a retired faculty member,\u201d Young said. \u201cHowever may put limitations in place that limit the former faculty member\u2019s affiliation with the department/college,\u201d citing potential exclusion from dissertation committees, lectures and other events. Contact Wolcott at (517) 377-1026 or [email protected]. Follow him on Twitter @wolcottr.", "8174_108.pdf": "Editor resigns after accusations of harassment ( harassment/) he American Journal of Political Science, a journal published by the Midwest Political Science Association, has temporarily stopped receiving manuscripts for publication until it can find a replacement for former editor William Jacoby, who resigned from his position amid allegations of sexual harassment. Jacoby is a researcher at Michigan State University. In January, political scientist Rebecca Gill, now an associate professor at the University of Nevada in Las Vegas, wrote a personal account on social media of how she was sexually harassed by a teacher while studying her graduate degree, explaining the effect it had on her self-confidence. She also shared the story at an academic meeting. She did not mention Jacoby by name, but he was identified in comments and discussions on the post by many colleagues who suffered similar experiences. The Midwest Political Science Association conducted an investigation, but could not reach a consensus on Jacoby\u2019s guilt. The institution chose to allow him to remain as editor until the end of the year. His more immediate exit, however, became a formality after he used the journal\u2019s website to defend himself and plead his innocence. The post quickly attracted criticism and was later deleted letter signed by 85 researchers called for Jacoby\u2019s immediate dismissal for abusing his position as editor. At an emergency meeting of the editorial board on April 20, the journal \u201caccepted Jacoby\u2019s resignation.\u201d"} |
8,205 | Michael Fraas | Western Washington University | [
"8205_101.pdf",
"8205_101.pdf"
] | {"8205_101.pdf": "Find your Frequency Search \u2026 by: Wavelength February 12, 2019 Professor Who Sought to Block Sexual Harassment Report Release Identified Michael Fraas, associate professor in the department of communication sciences and disorders, was found responsible for sexual harassment in September 2018. Photo from Western\u2019s website. By Erasmus Baxter Michael Fraas, an associate professor in the communication sciences and disorders department, was found responsible for sexual harassment in September 2018, according to copies of the investigative report filed in court. Copies of the report, compiled by an outside investigator retained by Western\u2019s Equal Opportunity Office, were provided to the court both by Western and by Fraas\u2019 attorney, after Fraas sought to block the release of his name, the report and a related disciplinary letter. Fraas\u2019 name is redacted in both versions of the report filed to court. However, information about his teaching history and published research, contained in copies of the report and letter filed by Fraas\u2019 attorney, has allowed the Review to ascertain his identity. The report found it more likely than not that Fraas had engaged in a consensual relationship with a student he was overseeing, and, as a result, the student suffered a loss of educational opportunities after their relationship ended. It also found that Fraas compromised the integrity of the grad school application process by writing a letter of reference for the student and sharing internal discussions about her application with her. Fraas is facing discipline as a result of the findings. Paqui Paredes M\u00e9ndez, college of humanities and social sciences dean, informed Fraas that the findings constituted a violation of the collective bargaining agreement, according to an Oct. 4 letter included in the documents Fraas\u2019 attorney provided to the court. After consulting with Provost Brent Carbajal, the proposed discipline was termination from the faculty, Paredes M\u00e9ndez said. Paredes M\u00e9ndez said that once Fraas and the student engaged in an intimate relationship, he could have contacted the chair to ask that the duties having to do with the student be assigned to a different faculty member. By failing to do so, he created a conflict of interest that contributed to a hostile environment, she said. \u201cGiven the information and the findings in the Equal Opportunity report cannot support your continuance on the faculty,\u201d Paredes M\u00e9ndez wrote pre-disciplinary meeting was to be scheduled after Nov. 16, according to the letter. The disciplinary decision is still pending, Dolapo Akinrinade, Western\u2019s public records officer, said in a Feb. 6 declaration to the court. Through an attorney, Fraas had sought an injunction to block the release of the report and the letter. However, a Whatcom County Superior Court judge denied the motion in a hearing, Friday, Feb. 8 version of the report and letter containing his name is set to be released to the Review this week, after the court approves some additional redactions. The Review had requested the report and letter as part of a routine request for investigations and faculty discipline letters filed this fall. Initial investigation In April 2018, a former student met with the Equal Opportunity Office to file a complaint against Fraas. The student said they had a three-month consensual relationship with Fraas while she was enrolled in one of his classes in 2015. They said once the relationship ended, their experience as a graduate student was made more stressful as a result and they missed out on writing a thesis because they believed they would have to work with Fraas. After beginning the investigation, the hired an outside investigator in May 2018. The investigator met with Fraas, the student and the chair of the department. Fraas confirmed that the relationship had occurred, but denied that he had created a negative environment for the student. He said the fact that he had collaborated on research with the student and served as a professional reference showed that their relationship had remained positive. However, the student told the investigator that, after the research was completed, she felt gross and like the research was blood money that prevented her from saying anything about her past relationship with Fraas. In the end, the investigator found it more likely than not that Fraas and the student had a relationship, and that after the relationship ended it had a negative impact on the student. They also found it more likely than not that Fraas had written the student a letter of recommendation for grad school and discussed how the grad school committee had received the student\u2019s score. Even though the investigator found that all the feedback Fraas gave was positive, they said that a member of the committee engaging in a sexual relationship with an applicant called the integrity of the process into question fourth allegation, about Fraas potentially engaging in relationships with other students, was found to be unsubstantiated after the investigator spoke to one student who denied any inappropriate relationship and could not reach another. The investigator found that the cumulative effect of Fraas\u2019 behavior created a hostile environment and constituted sexual harassment. Identity revealed Although a judge has ruled that Fraas\u2019 identity should be made public, it was redacted in both preliminary copies of the report provided to the court prior to the decision. However, the reports had differing redactions. The Review was able to determine Fraas\u2019 identity based on several details in the reports, including: Both reports identify the respondent as an associate professor in the department of communication sciences and disorders. The only other associate professor listed on the department\u2019s website, Kelli Evans, is mentioned by name in the report. The report provided by the lawyer mentions that the respondent published a study in a specific journal on a specific date. Fraas published an article in that journal on that date. The disciplinary letter provided by Fraas\u2019 lawyer states that the respondent taught a neuroanatomy class in spring 2015. Fraas is the only professor listed as teaching that class in ClassFinder. Fraas\u2019 written response to the investigation, included in the report provided by his attorney, cites a 2016 textbook that the respondent co-wrote with Evans. Fraas is listed as the co-author of the book on the publishing company\u2019s website. The Review reached out to Fraas for comment on Saturday, Feb. 9, via email, Facebook message and a note left at the address included in the disciplinary letter his attorney provided. On Sunday, Feb. 10, his lawyer responded with a phone call in which he acknowledged that his client had received an electronic message from the Review and asked how they had determined his client\u2019s identity. The Review informed Fraas\u2019 attorney they would be publishing a story with his identity at the end of the day on Monday, Feb. 11, and the attorney said he would pass the message along. No contact from Fraas has been received since. What\u2019s next In his May 10 response to the EOO, Fraas expressed remorse for his actions and said he would not repeat them would like and [the student] to know that am truly sorry for my behavior and for any hardship this may have caused her,\u201d he wrote would also like to apologize to my colleagues in the Department of Communication Sciences and Disorders know my actions have disappointed them.\u201d However, in seeking to block the report\u2019s release, his attorney has claimed that sexual harassment allegations were unsubstantiated since the relationship was consensual. Now that a judge has cleared the report\u2019s release, it is set to be released this week after the court approves redactions related to the unsubstantiated allegation that Fraas had relationships with other students. Fraas is still facing an ongoing disciplinary process that may result in termination. Western generally does not comment on personnel issues and is withholding documents related to the discipline while the process is ongoing. In an email, his attorney said that in regards to possible termination, Fraas will have to see what happens and take an appropriate response. Fraas is currently scheduled to teach two upper-division classes this spring, according to ClassFinder. Previous Judge Orders Release of Sexual Harassment Report Next Camming with Confidence Leave a Reply Your email address will not be published. Required fields are marked * Comment * Name * Email * Updated Feb. 19 to remove some information that could potentially make it easier to identify the complainant. Tags , erasmus baxter , michael fraas , sexual harassment Leave a Comment # Archives Website Notify me of follow-up comments by email. Notify me of new posts by email. Theme Thirteen Blog by Kantipur Themes"} |
8,699 | Jacqueline Hoffarth | University of North Dakota | [
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Jackie Hoffarth and her lawyer, David Thompson, indicated on Wednesday that they\u2019re weighing a libel lawsuit against Rob Port Jackie Hoffarth, a candidate for the Legislature, disputes columnist\u2019s claim that she was \u2018dismissed\u2019 from whose work appears in newspapers owned by Forum Communications Co., which owns the Herald, the Forum of Fargo- Moorhead and numerous others. \u201cWe believe Rob recklessly disregarded the truth by wrongfully stating, expressing, that Jackie was dismissed,\u201d Thompson said. \u201cWhen she\u2019s running for office, seeking voter support, for Port to allege, falsely, and falsely claim that Jackie was dismissed is wrong, and it\u2019s defamatory.\u201d An April 28 Port column( Port-Public-records-show-Democratic-legislative-candidate-was- dismissed-from-UND-for-having-romantic-relationship-with-a- student) headline said \"Public records show Democratic legislative candidate was dismissed from for having romantic relationship with a student.\" Hoffarth, who is running to represent northerly Grand Forks in the Legislature, and Thompson both insisted that is not the case voluntarily resigned from my position,\u201d said Hoffarth, who also is a member of the Grand Forks School Board. \u201cIt was my decision.\u201d The column published online on Forum Communications Co. websites, but it did not publish in a print edition of the Herald. Port that day published documents that he received via a public records request. An Aug. 27 letter from Kenneth Flanagan, the chair of the university\u2019s social work department, said the school intended to dismiss Hoffarth over her relationship with the student, who had graduated from with a bachelor\u2019s degree earlier that month but was set to stay at the school to pursue a master\u2019s degree. Hoffarth appealed to a university committee on Sept. 13, but ultimately signed a resignation agreement on Nov. 21 that, in effect, kept her on the school\u2019s payroll through the end of June 2020. Port declined to comment for this article. When the Herald first reported on Feb. 7, 2020( politics/4927177-Social-workers-with-ties-to-Grand-Forks-UND- on-agenda-for-state-board-meeting) , that Hoffarth was scheduled to address a complaint before the North Dakota Board of Social Work Examiners, Hoffarth did not respond to repeated Herald requests for comment. Later that month( and-politics/4969275-School-Board-member-Hoffarth-responds- to-dismissed-social-worker-complaint) , she said the complaint was submitted by her former coworkers at the university, who alleged she had an improper relationship with a student there. Port wrote in a Feb. 26 column( Democratic-legislative-candidate-owes-a-fuller-explanation-for- relationship-with-student) that Hoffarth owed a more thorough explanation than the one she gave. The column that contains the public documents and claims Hoffarth was \u201cdismissed\u201d from the university was published in late April. On Wednesday, Hoffarth and Thompson indicated that they\u2019re disputing Port\u2019s characterization in part because they believe some Grand Forks-area Republican \"operatives\" are planning to use his column to smear Hoffarth as she pursues a seat in the Legislature. \u201cWe\u2019ve received direct information that people associated with the Republican candidates\u2019 campaigns in District 18 were intending to, essentially, parrot Rob Port\u2019s dismissal claim,\u201d Thompson said. \u201cAnd otherwise inaccurately describe what actually occurred in Jackie\u2019s instance in connection with her negotiated departure.\u201d Thompson characterized the people behind that plan as \u201clongtime Republican political operatives in this city\u201d who are behind an attempt to disparage her. Hoffarth said the Port column and the suspected mailer both are reasons for the press conference she and Thompson called on Wednesday. \u201cAll of those things combined are going to be kind of these undertows in voters\u2019 minds,\u201d she said. Libel is notoriously difficult to prove, especially for public figures who feel they\u2019ve been victimized. In broad terms, libel cases hinge on showing whether someone deliberately published false statements of fact that damaged another person\u2019s reputation. In North Dakota, it\u2019s defined as \u201ca false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes the person to be shunned or avoided, or which has a tendency to injure the person in the person's occupation.\u201d \uf064 Share \uf02c Tags (https:// ndforksh erald.co m/joe- bowen) By Joe Bowen( Joe Bowen is former reporter for the Duluth News Tribune.", "8699_102.pdf": "By Herald staff February 07, 2020 at 2:57 \uf064 Share Two social workers with ties to Grand Forks \u2013 one of whom is a member of the Grand Forks School Board \u2013 are scheduled to go before the North Dakota Board of Social Work Examiners next week. Andrew Quinn and Jacqueline Hoffarth are on the agenda for the Board of Social Work Examiners\u2019 meeting Tuesday in Bismarck. Both are listed within the agenda section of \u201ccomplaints.\u201d Hoffarth was elected to the Grand Forks School Board in 2018. She previously was an assistant professor of social work at UND. According to the university, Hoffarth has not worked there since November. Hoffarth is still a member of the School Board, board President Bill Palmiscno said Friday. Quinn also previously worked for UND. Friday, the Herald made an open-records request to the Board of Social Work Examiners for paperwork related to both cases. The board responded with a collection of documents related to Quinn, but said it would provide no documents about Hoffarth, citing Social workers with ties to Grand Forks on agenda for state board meeting One is Jacqueline Hoffarth, a member of the Grand Forks School Board. North Dakota Century Code 43-41-10, a section in state law that outlines \u201cgrounds for disciplinary proceedings\u201d for social workers. The lengthy section in North Dakota code states the board \u201cmay deny, refuse to renew, suspend, revoke, reprimand, restrict or limit the license of, or place on probationary status license issued\u201d for various reasons. Along with being scheduled in the section titled \u201ccomplaints,\u201d Hoffarth is listed under the agenda section of \u201capplication for renewal of license.\u201d The Herald attempted to reach Hoffarth Friday, but three telephone calls to what is assumed to be her personal phone went unanswered and there was no message service available. Quinn\u2019s file shows he has previously dealt with the Board of Social Work Examiners. In 2019, the board offered a settlement agreement that declared Quinn\u2019s license to practice social work in North Dakota be suspended for no less than three years, contingent upon Quinn completing 10 continuing education hours focusing on \u201cethics and professional boundaries.\u201d The agreement also discussed identifying \u201cdual relationships with any current or former clients, students or supervisees.\u201d Included in the documents obtained by the Herald is a letter to the board from lawyer Leo Wilking, on Quinn\u2019s behalf. Dated June 12, 2019, the letter says \u201cit is our opinion that the cannot prove any of the alleged Code of Ethics violations you have cited and we are of the firm belief that revocation of his license as part of a disciplinary process is too harsh a penalty.\u201d In the letter, Wilking also addresses a relationship between Quinn and a woman, claiming \u201cthere was no \u2018sexual relationship\u2019 until well after Dr. Quinn had been placed on administrative leave in January 2019 and was not in any teaching or advisory relationship with any student.\u201d Also in the packet of documents provided by the board are notes outlining an alleged relationship between Quinn and a student in 2016. Reached at his office Friday, Wilking said he still represents Quinn, but he would not give details about Quinn\u2019s Tuesday date with the Board of Social Work Examiners. Wilking said Quinn will be doing \u201csomething with the board, but I\u2019m not exactly sure.\u201d Wilking also said he is not at liberty to discuss it further. \uf064 Share \uf02c Tags", "8699_103.pdf": "Jacqueline Hoffarth By Herald staff February 25, 2020 at 12:00 \uf064 Share Grand Forks social worker whose name appeared before a state professional board earlier this month has responded, saying she disagreed with the now-dismissed complaint. Jacqueline Hoffarth, who also serves on the Grand Forks School Board, went before the North Dakota Board of Social Work Examiners on Feb. 12. The former employee was listed on the agenda under the section titled \u201ccomplaints.\u201d She did not respond School Board member Hoffarth responds to dismissed social worker complaint to telephone calls in the days leading up to the hearing or the day of the hearing. The complaint was dismissed at the Feb. 12 hearing. On Monday, Feb. 24, Hoffarth told Forum News Service the complaint was submitted to the board by former colleagues who alleged that a relationship between Hoffarth and a social work graduate student was unethical. Hoffarth said the student was not under her supervision in any way. She also said she completely disagrees with any allegations of improper behavior. Hoffarth said she resigned her role at the university last year under her own volition because of \"personal differences\" with other faculty members. \uf064 Share \uf02c Tags", "8699_104.pdf": "Jacqueline Hoffarth Opinion by Rob Port February 26, 2020 at 8:47 \uf064 Share MINOT, N.D. \u2014 My print column today( 716-Port-ND-Democrats-fail-to-find-candidates-in-district-that- was-once-a-stronghold?fbclid=IwAR1e7VEn- 0s_kS_qNS9KIncUXCkZCRUZRcvgwRmzI8XKyEe9jqtH4fLqxPw Port: Democratic legislative candidate owes a fuller explanation for relationship with student Hoffarth is going to be asking the people of District 18 to decide whether or not she's qualified to wield the power of government in the Legislature. Part of that process needs to be a more fulsome explanation of what happened between Hoffarth and this student. #.XlZyHYH_kr4.facebook) is about the struggles North Dakota Democrats are having to recruit candidates this election cycle. To illustrate my point point to a lack of candidates in a Grand Forks-area legislative district 42, which was once considered a stronghold for the Democrats. Yesterday, Democrats got a new candidate in a different Grand Forks district. Jacqueline Hoffarth announced her candidacy( and-politics/4969739-Jacqueline-Hoffarth-announces-District-18- bid-for-state-House-of-Representatives) for the state House of Representatives in District 18. That was long a deeply blue district until Republicans turned it purple in 2016, taking two of the district's three seats (Rep. Corey Mock, a Democrat, holds the third). Hoffarth's candidacy is raising some eyebrows, however. Earlier this month her name was on the agenda of the North Dakota Board of Social Work Examiners under the \"complaints\" section. The Grand Forks Herald ( politics/4927177-Social-workers-with-ties-to-Grand-Forks-UND- on-agenda-for-state-board-meeting) reported on the situation, though few details were available officially from the state and Hoffarth herself was ducking inquiries. Hoffarth is also a member of the Grand Forks School Board, and until November of last year, she was an assistant professor of social work at the University of North Dakota. It was apparently something that happened during her time at which put Hoffarth on the agenda of the oversight board for social workers. Earlier this month the board denied the Herald's request for records, citing exemptions from open records laws( politics/4927177-Social-workers-with-ties-to-Grand-Forks-UND- on-agenda-for-state-board-meeting) for disciplinary proceedings, but shortly before announcing her candidacy Hoffarth finally got around to providing an explanation. Though it's light on details. \"On Monday, Feb. 24, Hoffarth told Forum News Service the complaint was submitted to the board by former colleagues who alleged that a relationship between Hoffarth and a social work graduate student was unethical,\" the Herald reported yesterday( and-politics/4969275-School-Board-member-Hoffarth-responds- to-dismissed-social-worker-complaint) . \"Hoffarth said the student was not under her supervision in any way. She also said she completely disagrees with any allegations of improper behavior.\" Hoffarth claims that leaving employment at was her choice, a move born of \"personal differences\" with other staff. Given that some of her colleagues at filed complaints with a state board over her behavior, I'll bet there were some \"personal differences.\" It's worth noting that the board dismissed the complaint against Hoffarth on Feb. 12, but there are few details publicly available about the events leading up to that outcome. At this point, all we have is Hoffarth's abrupt explanation. She owes us more. We are now living in the #MeToo era. There has been a popular uprising, transcending cultural and political boundaries, against those with power manipulating and abusing subordinates. An alleged relationship between a professor and a student certainly has the potential for that sort of abuse. The social work board dismissed the complaint against Hoffarth, but does that mean nothing voters might consider untoward or unethical happened? Hoffarth is going to be asking the people of District 18 to decide whether or not she's qualified to wield the power of government in the Legislature. Part of that process needs to be a more fulsome explanation of what happened between Hoffarth and this student. To comment on this article, visit Rob Port, founder of SayAnythingBlog.com, a North Dakota political blog, is a Forum Communications commentator. Listen to his Plain Talk Podcast and follow him on Twitter at @RobPort. \uf064 Share \uf02c Tags (https:// orum.co m/rob- port) Opinion by Rob Port( Rob Port is a news reporter, columnist, and podcast host for the Forum News Service with an extensive background in investigations and public records. He covers politics and government in North Dakota and the upper Midwest. Reach him at [email protected]. Click here( with-rob-port) to subscribe to his Plain Talk podcast. Twitter ( Facebook ("} |
7,351 | Terry Bozeman | Georgia State University - Perimeter College | [
"7351_101.pdf"
] | {"7351_101.pdf": "Former Georgia State professor found guilty of sexual misconduct with student, charged with sexual battery Professor now prohibited from working at school and barred from university properties By Friday June 17, 2016 12:55 former Georgia State University English professor can never again set foot on campus after a school investigation found on June 9 that the teacher \u201cengaged in inappropriate conduct of a sexual nature\u201d with a student. Terry Bozeman, who taught at Georgia State\u2019s Perimeter College in Terry Bozeman Dunwoody, came under scrutiny after being 0700806 with sexual battery on April 19. The mother of one of his students told campus police that her daughter was \u201csexually assaulted\u201d by the 43-year-old professor, according to a report. The victim claimed \u201cBozeman told her to lift up her shirt and...touched her in the buttocks area,\u201d the arrest report says. Bozeman said in a police witness statement that he touched his student\u2019s rear during a hug after \u201clight-hearted, joking conversation\u201d in his office. \u201cWe jokingly talked about having lunch next week, and when done gave the student a playful hug. During the hug lightly touched the student\u2019s bottom \uf002 01/03/2025, 10:13 Former Georgia State professor found guilty of sexual misconduct with student, charged with sexual battery | Creative Loafing 1/4 Although the school\u2019s Title investigators \u2014 administration officials who work to prevent discrimination in schools \u2014 said the June 9 judgement against Bozeman would have prompted his termination, the English teacher had already resigned on April 26, the same day another student filed a complaint with alleging that Bozeman also touched her in a sexual manner. \u201cWith a heavy heart do what\u2019s right for my family, my team, and ultimately the institution love so dearly,\u201d Bozeman wrote in his resignation letter, which made no reference to the allegations against him. Creative Loafing has been unable to reach Bozeman, who in 2014 was named a Governor\u2019s Teaching Fellow, for comment. The second student told university police that Bozeman had \u201clured her\u201d into his Dunwoody campus office on three separate occasions from Jan. 11 to April 19. There, the report says, \u201cBozeman convinced her he needed near-nude photographs of her to send to his modeling connections.\u201d \u201cBozeman took photographs with his cell phone from the front, back, and both sides,\u201d the April 26 police report states. \u201cHe asked her to pull up her bra so he could touch her breasts to obtain her measurements.\u201d University police handed over the woman\u2019s complaint to Georgia State\u2019s human resources office, although she wasn\u2019t personally involved in the investigation thereafter. After the seven-week Title investigation prompted by his April 19 sexual battery arrest, and using the second student\u2019s April 26 police report as further evidence, the university found Bozeman guilty of misconduct on June 9. The school\u2019s staff handbook says: \u201cPeople in positions of authority within the university community must be sensitive to the potential for conflict of interest as well as sexual harassment in amorous relationships with people over whom they have a professional power/status advantage.\u201d Although Bozeman\u2019s photo subject told police that she consented to his sexual advances, the first complainant said she did not, and the school decided his behavior breached policies of \u201cequal opportunity, amorous 01/03/2025, 10:13 Former Georgia State professor found guilty of sexual misconduct with student, charged with sexual battery | Creative Loafing 2/4 relationships, sexual harassment, and employee conduct,\u201d according to the notice of the infraction that Georgia State sent to Bozeman. Because of the Title violation, Bozeman is prohibited from working at Georgia State and barred from all university properties and school- sanctioned events. The sexual battery case was handed off to the DeKalb County Police Department after the April 19 arrest, and a court date has not been scheduled Loading... \u000001/03/2025, 10:13 Former Georgia State professor found guilty of sexual misconduct with student, charged with sexual battery | Creative Loafing 3/4 \u00a9 2025 RESERVED. Image 01/03/2025, 10:13 Former Georgia State professor found guilty of sexual misconduct with student, charged with sexual battery | Creative Loafing 4/4"} |
7,782 | David J. Hibler | University of Nebraska | [
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] | {"7782_101.pdf": "568f-5bf7-a020-cb9199040d5d.html Battle between fired professor and university continues Staff Writer Sept. 5, 2003 After a period of relative quiet, a familiar ghost has come back to haunt administrators at the University of Nebraska-Lincoln. David Hibler, a former assistant professor of English at who was fired in 1998 for unprofessional conduct, acquired a restraining order through the Douglas County district court to prevent the university from destroying any documents written by him or his students while he taught at UNL. The writings, which exist on electronic computer files, were to be destroyed at the end of July. On July 22, Hibler petitioned to prevent from destroying the files, which he wanted to \"copy to his own disks for archival and scholarly purposes.\" In 1998, a student filed suit against Hibler and the Board of Regents for publishing her writing on the World Wide Web without her permission. The case was dismissed. David Fitzgibbon, manager of news and video services at University Communications, said the university was willing to give Hibler his writings but university policy prevented the university from giving him his students' writings without their written consent. So far, Hibler has not produced evidence of consent from any students, he said. \"The university doesn't want him to have them,\" Fitzgibbon said, \"because he has shown he misuses them.\" John Wiltse, attorney for UNL, said attempts by Hibler to subpoena Chancellor Harvey Perlman, Senior Vice Chancellor for Academic Affairs Richard Edwards, Dean Richard Hoffman and Wiltse to court hearings in Omaha have failed. In response to the subpoenas, Wiltse put forth three motions: a request to move the case to Lancaster County, a motion questioning the timeliness of the case and a motion questioning the ability of the state to hear the case. \"Some of the issues involved are copyright issues,\" Wiltse said, \"and those can only be heard in a federal court, not a state court.\" Wiltse said he didn't know when the judge would rule on the motions. Hibler did not return calls to his home Thursday. He taught at from 1968 to 1998 and was considered by some to be an academic star who was an expert in using multimedia in the classroom. \"He had a great mind and used very innovative teaching methods,\" Fitzgibbon said. But the suits brought by two of his students combined with Hibler's campus-wide e-mail with racist overtones led administrators to suspend his duties on February of 1998. He was fired on July 25, 1998, by the Board of Regents. Hibler and the board were sued by another student in 1998 who accused him of sexual harassment. That case was also dismissed. While the university waits for a decision on the three motions, Hibler maintains a Web site, which includes video clips of his son rapping about the battle over the electronic files. In addition, he has sent statements to the press about his cause, as well as memos directly to Perlman. \"It's bad enough they are dredging up sordid sleaze from the past -- all of which (sic) false allegations have never been proven in a Court of Law,\" Hibler wrote in one press release. \"You want to keep hitting me with your slime because you know can't answer without being in contempt.\" While it's true none of the cases against him ever went to trial, Hibler was judged by his peers to have behaved inappropriately, Wiltse said. \"He can dismiss it if he wants to,\" he said, \"but it cost him his job.\"", "7782_102.pdf": "v (2019) Supreme Court of Nebraska of Nebraska, Appellee, v. David J. HIBLER, Jr., Appellant. No. S-18-005. Decided: March 01, 2019 Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ. Michael J. Wilson, of Schaefer Shapiro, L.L.P., Omaha, for appellant. Douglas J. Peterson, Attorney General, and Siobhan E. Duffy, Lincoln, for appellee David J. Hibler, Jr., appeals his convictions and sentences in the district court for Lancaster County, following a jury trial, for first degree sexual assault of a child, incest with a person under 18 years of age, and third degree sexual assault of a child. On appeal, Hibler argues that first degree sexual assault of a child under Neb. Rev. Stat. \u00a7 28-319.01(1)(a) and (2) (Reissue 2016) is unconstitutional, because the statute subjects the defendant to a mandatory minimum sentence based solely on the ages of the victim and perpetrator. We conclude that the age classifications defining sexual assault of a child in \u00a7 28- 319.01(1)(a) and associated mandatory sentence in \u00a7 28-319.01(2) are not unconstitutional. We also determine that the district court did not abuse its discretion when it made various evidentiary rulings and that the evidence was sufficient to support Hibler's convictions. We reject several of Hibler's claims of ineffectiveness of trial counsel but do not reach the merits of various other ineffectiveness claims. For the reasons explained below, we affirm \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs The State charged Hibler by information with one count of first degree sexual assault of a child, \u00a7 28- 319.01(2); one count of incest with a person under 18 years of age, Neb. Rev. Stat. \u00a7 28-703 (Reissue 2016); and one count of third degree sexual assault of a child, Neb. Rev. Stat. \u00a7 28-320.01(3) (Reissue 2016). Before trial, Hibler filed a motion to quash based on his claim that the provisions of \u00a7 28- 319.01(2) \u201cviolate [Hibler's] constitutional rights under the Fifth, Fourteenth and Eighth Amendment[s] to the United States Constitution and the correlative provisions of the Nebraska Constitution.\u201d At a hearing on the motion to quash, Hibler's counsel noted the motion was being filed pursuant to State v. Stone, 298 Neb. 53, 902 N.W.2d 197 (2017), which states that to preserve a constitutional challenge to the mandatory minimum sentence which could be imposed, a motion to quash must be filed. The motion was overruled. 1. Trial (a) Testimony of J.H. J.H., the victim, was 13 years old when she testified as the State's first witness. J.H. is the oldest of the three biological children of Hibler and his former wife, A.H. J.H. testified that she was 11 years old during the events alleged in the information. She testified that her parents were still married in 2015, but she thought they were now divorced. J.H. testified that Hibler began giving her massages when she was 11 years old, following a Soap Box Derby win in 2015. Hibler would massage her when they would run and bike together. Initially, Hibler touched only J.H.\u2019s back and legs when he massaged her. J.H. stated that one night when she was 11 years old, Hibler began to massage her \u201cbutt\u201d during a massage in A.H. and Hibler's bedroom. J.H. testified that beginning in October 2015 and continuing through January 2016, Hibler touched her inappropriately more than one time, but less than 10 times. J.H. believed the inappropriate touching occurred about four or five times. J.H. testified specifically that one incident occurred at her grandfather's home, one incident occurred in J.H.\u2019s bedroom, and the other incidents were in the bedroom Hibler shared with A.H., J.H.\u2019s mother. The evidence showed that one of J.H.\u2019s brothers has cancer and that A.H. would take him out of state once a month for treatment. J.H. stated A.H. and her brother were out of town when Hibler massaged her backside. J.H. was lying on her stomach on Hibler's bed, and she was not wearing any clothes, but had a towel over her body. J.H. testified that another incident occurred during the morning in J.H.\u2019s room. J.H. had a pain in her chest and Hibler told her to let him give her a massage. He told her to remove her bra so he could massage her chest. J.H. indicated that she stated no but that Hibler stated it \u201cwould make it better,\u201d so J.H. removed her bra. Hibler then massaged her breasts for possibly 5 or 10 minutes. J.H. was sitting on her bed, and Hibler was sitting next to her. J.H. also testified that Hibler touched her genitals multiple times. Sometime in 2015, J.H. and Hibler were spending the night at her grandfather's home in Omaha, Nebraska; J.H. believed A.H. and her brother were not at the home. J.H. stated that she was lying on her side while Hibler was massaging her from behind and that at some point, he put his hand in her underwear \u201cand started touching [her] vagina.\u201d J.H. described that it felt like a \u201cswiping motion\u201d and compared it to \u201cwhen a girl goes to the bathroom and she takes the toilet paper, she wipes. She doesn't like stick it up her vagina, doesn't like just \u2024 pat it. She swipes it and then puts it in the toilet.\u201d J.H. testified that she could feel his fingers \u201cmoving up and down [her] vagina\u201d and that it lasted a long time. She testified that she did not tell anyone, because she was scared. J.H. testified that Hibler also touched her genitals with the \u201cswiping motion\u201d at the family home in Lincoln, Nebraska. J.H. thought that it occurred about three times and that it happened when A.H. and her brothers were out of town for her brother's treatment. J.H. described the swiping episodes as follows: she would be half asleep but still aware of her surroundings, then Hibler would put his hand under her underwear and start touching her vagina in a swiping motion. J.H. described an incident which occurred with Hibler in his bedroom during which Hibler asked J.H. to wear a pair of A.H.\u2019s purple underwear, which tied on the sides. According to J.H., Hibler was massaging her and then had her put on the underwear that tied and began massaging her legs. At one point, Hibler untied the sides of the underwear and massaged her legs right next to her vagina. Hibler looked at her vagina, though he did not touch her vagina at that time. J.H. testified that when Hibler told her to put the underwear on, he had stated something about them making it \u201ceasier.\u201d J.H. also testified about another incident which occurred in Hibler's bedroom in the early morning. J.H. believed that just she and Hibler were home and that A.H. and her brothers were probably out of state. During this incident, J.H. was asleep when Hibler began to massage her. When Hibler touched her, he performed the swiping motion and also put his hand over her vagina \u201clike as if his hand were a bowl and he were putting it over [her] vagina.\u201d J.H. testified that Hibler \u201ctouched [her] vagina\u201d and did so \u201cmore towards the top of [her] vagina where there is this thing.\u201d J.H. stated that during the previous episodes when Hibler was swiping, he would touch the labia, but \u201cthis time it was more towards the top of that\u201d area but that she did not know the name of the area. When it was just the swiping motion, J.H. usually could feel just Hibler's fingers, but \u201cthis time [she] felt his whole hand.\u201d He \u201ctouched the top of [her] vagina\u201d with \u201cmaybe two or three fingers,\u201d and \u201c[h]is fingers were moving.\u201d This continued for between 15 to 30 minutes. J.H. stated that her eyes were closed but that she was not asleep. J.H. stated that this was the last incident and that it occurred around December or January. She knew that the incident did not happen in February. J.H. testified that, initially, she did not tell anyone about this last incident, because she was scared and did not know what would happen to her and her family. However, after her friends realized something was wrong, she met them at the school playground and told them in February. J.H. asked her friends not to tell anybody, but the mother of one of her friends learned of the alleged assaults and called the school. The principal asked J.H. to come to the office and asked her some questions. J.H. did not tell A.H. prior to when the police became involved, because she stated wasn't sure if she would believe me or actually wanted to wait until we got a new house, because then thought at the time thought it would be easier\u2024\u201d She stated that she \u201ctried to tell [A.H.] There were times, you know, that would say, let's go for a ride, and would want to tell her. Then would chicken out because it is not something that you can walk up to somebody and say this happened.\u201d (b) Testimony of A.H. A.H. testified that Hibler was born in November 1980. A.H. married Hibler in 2002 and had three biological children with him. A.H. testified that there were times she went with her son for his treatments out of state between October 2015 and March 2016. The day visits occurred about once a month and often on Fridays. In addition, A.H. recalled that there were two or three other times when she took her son out of state for treatment and that they spent the night out of state. On those occasions, Hibler stayed home with J.H. and their other son. A.H. testified that J.H. \u201cloved to give pedicures\u201d and that she liked to give massages and receive them. A.H. testified it would not have been unusual for Hibler to massage J.H. after running or stretching. A.H. stated that before the police came to her workplace on March 31, 2016, to tell her that J.H. had been interviewed, J.H. had not told her anything regarding Hibler's actions. A.H. testified that she spoke with Hibler in person on several occasions about J.H.\u2019s accusations. They also discussed the trouble in their marriage. According to A.H., Hibler wanted A.H. to convey to J.H. that Hibler believed J.H.\u2019s recollection was a misunderstanding of what had occurred. According to A.H., Hibler initially admitted touching J.H. on just one occasion. A.H. testified that Hibler stated this event occurred when he took J.H. home one night; she was asleep, and he did not want to carry J.H. up the stairs, so he took J.H. to A.H. and Hibler's bed. Hibler told A.H. that \u201che took some melatonin and rolled over and thought [J.H. was A.H.] and he touched her.\u201d Hibler stated that \u201cby the time he realized what he had done, the damage was done,\u201d but that it was only one time and wondered if A.H. could forgive him and try to make their marriage work. A.H. testified that Hibler wanted A.H. to encourage J.H. to change her story and tell the police that she took melatonin and had some \u201creally bad dreams.\u201d If this became J.H.\u2019s story, people would believe her, they could still buy the house they wanted, they could have more children, and they could try to start over. He urged A.H. to tell J.H. that \u201cit was just a little mistake and it didn't have to ruin everything.\u201d A.H. testified regarding another conversation she had with Hibler on April 26, 2016, when she and Hibler sat in a truck and spoke for a \u201c[c]ouple hours maybe.\u201d Hibler initially stated that they could possibly record the conversation, but then changed his mind, so A.H. was only able to record about 7 seconds. In this conversation, Hibler repeated to A.H. what he had said the night before to the effect that he was sorry and ashamed, that there was no good excuse for what he had done, and that there was nothing that he could say or do that would excuse what had happened. A.H. testified that at this point, Hibler indicated there had been several episodes which started around October 2014, when A.H. was at the hospital with their son. A.H. testified that Hibler told her the first episode occurred at his father's home, sometime in October 2014. Hibler indicated that when J.H. had complained of pain in her hip flexor, he had rubbed her thighs and her hip, and she then fell asleep. Hibler described that there was a \u201clittle gap\u201d between J.H.\u2019s underwear and skin and that he put his fingers in the gap and felt that \u201cshe was wet\u201d and it was \u201carousing for him.\u201d A.H. stated Hibler told her he then pulled his hand back, resumed massaging her thigh and hip but then repeatedly slipped his fingers under her underwear while J.H. slept. A.H. testified that Hibler told her that at one point, he gave J.H. a frontal massage, but that it was really innocent, and that J.H. was having panic attacks or shortness of breath and would get a really sharp pain on her side, in response to which Hibler offered to rub her ribs. Hibler told her that J.H. had taken off her shirt, but the pain was in the area covered by her sports bra, so Hibler told her to take the sports bra off, and he just rubbed her muscles there, but that it was not sexual. In connection with another incident, Hibler told A.H. that he and J.H. were home and J.H. asked to sleep in Hibler and A.H.\u2019s bed, which was not uncommon. J.H. indicated she was scared and crying, so she slept in their room. A.H. testified that Hibler stated that either he or J.H. asked for a hug, and Hibler rolled J.H. on top of him and gave her a hug. Hibler became aroused, so he put J.H. back on the bed. A.H. testified that Hibler stated, \u201cHe thought something was wrong with him and he did not know what to do about it.\u201d A.H. stated Hibler told her he tried watching pornography, including \u201cfake daddy-daughter porn,\u201d to cure the problem, but that did not help and in fact made things worse. Hibler stated that J.H. would sometimes ask for a foot massage, Hibler would work his way up to the hip, and Hibler would become aroused; he knew it was wrong. Hibler stated that this pattern became compulsive for him. A.H. testified that when she asked Hibler how many episodes had happened, Hibler told her \u201cprobably a handful.\u201d He said that the last time was probably in January and that it was different. Regarding this episode, Hibler told A.H. that J.H. was in A.H. and Hibler's bedroom and that when Hibler asked J.H. if she wanted a massage, she said she did. Hibler described this episode to A.H. as follows: Hibler had J.H. take her clothes off, \u201chanded her a thong to put on,\u201d and had her lay down on the bed and put a sheet over her like at a massage parlor. At some point after J.H. fell asleep, Hibler put his fingers under her underwear, but she \u201cwasn't wet\u201d; he grabbed some \u201clotion or goop or lube or something\u201d and put it on her, stroked her and cupped her genital area, touched her and massaged \u201cthe hole,\u201d and then massaged her clitoris. Hibler indicated to A.H. that he knew his actions \u201cwould make [A.H.] wet, so he was wondering if that would work\u201d for J.H. Hibler indicated that he did not know how long his actions lasted, but that ultimately he \u201cjacked off\u201d and then immediately vomited in a garbage can. He stated that he realized he had made a \u201creally bad mistake.\u201d He stated that he did not know what to do, that he tried to talk to J.H. the next day but that she was not talking to him, and that he knew something was wrong but did not know how to approach the subject. A.H. testified that Hibler asked her to explain to J.H. the consequences of telling her therapist what Hibler had done, including what could happen financially to A.H. if Hibler were to go to jail; that Hibler was not going to get any \u201chelp\u201d in prison; and that if A.H. did go to the police, Hibler \u201cwould never admit to anything, ever.\u201d A.H. testified that she told Hibler to take a plea so that he could still retain a relationship with their sons and that Hibler told her he would never admit to the allegations involving J.H. and that he would try to prove his innocence. A.H. stated that sometime in April 2016, she was sorting laundry with J.H. and that when J.H. saw a pair of A.H.\u2019s underwear which tied at the sides, J.H. was upset and wanted to get rid of them. (c) Testimony of Other Witnesses The State called several witnesses: police officers, investigators, a teacher, the principal from J.H.\u2019s school, a psychologist, and a friend of J.H. The friend testified that J.H. \u201ctold us one of her family members touched her inappropriately and we asked who and she said she could not say.\u201d She also testified that J.H. later \u201cwhispered in our ears one time during class that it was her dad.\u201d Trial counsel did not object to this testimony. Although J.H. told her friends not to tell anyone, the friend told her mother, who told the principal of their school. (d) Hibler's Defense Hibler's defense at trial was generally that A.H. may have implanted memories of sexual assault in J.H. at a time when J.H. was vulnerable, because she was experiencing problems at school, bullying, mental health issues, and estrangement from A.H. In addition, her brother, who had cancer, had become the center of attention. There was evidence that A.H. and J.H. watched a movie about child sexual abuse, and Hibler claimed that A.H. used this viewing as a vehicle to plant the idea in J.H.\u2019s mind that she, too, had been sexually assaulted. Hibler highlighted the fact that J.H. did not initially come forward on her own about the alleged assaults and told her friends not to tell anybody. Hibler told the jury that A.H. and Hibler were having trouble in their marriage and that A.H. had filed for divorce, claiming Hibler had confessed to her. Hibler believes that this purported confession would be used by A.H. as leverage to gain custody of the children and overcome negative facts about A.H.\u2019s life. Hibler's father testified on Hibler's behalf. He testified that Hibler and J.H. never stayed at his home alone in the entire time he lived at the house and that \u201c[i]t's always been the whole family.\u201d 2. Verdict and Sentencing On October 27, 2017, a jury found Hibler guilty of first degree sexual assault of a child, incest with a person under 18 years of age, and third degree sexual assault of a child. The district court imposed sentences on December 20. As to the conviction of first degree sexual assault of a child, a Class felony, Hibler received a sentence of 20 to 25 years\u2019 imprisonment. With regard to the conviction of incest with a person under 18 years of age, a Class felony, Hibler received a sentence of 18 to 20 years\u2019 imprisonment. With regard to the conviction of third degree sexual assault of a child, a Class felony, Hibler received a sentence of 2 to 3 years\u2019 imprisonment. The district court ordered that Hibler serve the sentences concurrently with one another, and Hibler received 53 days\u2019 credit toward his sentences. Hibler appealed, and gave notice under Neb. Ct. R. App. P. \u00a7 2-109(E) (rev. 2014) that his appeal includes a challenge to the constitutionality of \u00a7 28-319.01 Hibler claims, summarized and restated, that the district court erred when it rejected his constitutional challenge to \u00a7 28-319.01. He also claims that the district court made several erroneous evidentiary rulings, including admitting diary entries of J.H.; excluding certain text messages; and preventing Hibler from examining A.H. concerning her military discharge, employment, and mental health history. Hibler claims that the State did not present sufficient evidence to support the convictions of first degree sexual assault of a child and incest, because evidence of the element of penetration was lacking. Hibler claims his trial counsel was ineffective. With regard to sentencing, as noted, Hibler claims that the mandatory minimum sentence regarding first degree sexual assault of a child where the victim is under 12 years old pursuant to \u00a7 28-319.01(2) is unconstitutional The constitutionality of a statute presents a question of law, which we independently review. State v. Stone, 298 Neb. 53, 902 N.W.2d 197 (2017). An appellate court reviews for abuse of discretion a trial court's evidentiary rulings on relevance, whether the probative value of evidence is substantially outweighed by the danger of unfair prejudice, and the sufficiency of a party's foundation for admitting evidence. State v. Tucker, 301 Neb. 856, 920 N.W.2d 680 (2018). In reviewing a criminal conviction for a sufficiency of the evidence claim, whether the evidence is direct, circumstantial, or a combination thereof, the standard is the same: An appellate court does not resolve conflicts in the evidence, pass on the credibility of witnesses, or reweigh the evidence; such matters are for the finder of fact. The relevant question for an appellate court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Id. Whether a claim of ineffective assistance of trial counsel may be determined on direct appeal is a question of law. State v. Golyar, 301 Neb. 488, 919 N.W.2d 133 (2018). In reviewing claims of ineffective assistance of counsel on direct appeal, an appellate court decides only whether the undisputed facts contained within the record are sufficient to conclusively determine whether counsel did or did not provide effective assistance and whether the defendant was or was not prejudiced by counsel's alleged deficient performance. Id We must first consider Hibler's facial constitutional challenge focused on the statutory elements of first degree sexual assault of a child under which he was convicted, \u00a7 28-319.01(1)(a), and, in particular, the associated mandatory minimum sentence, \u00a7 28-319.01(2 statute is presumed to be constitutional, and all reasonable doubts are resolved in favor of its constitutionality. State v. Harris, 284 Neb. 214, 817 N.W.2d 258 (2012). 1. Constitutional Framework We have held that the proper procedure for raising a facial constitutional challenge to a criminal statute is to file a motion to quash, and all defects not raised in a motion to quash are taken as waived by a defendant pleading the general issue. Stone, supra. Hibler filed a motion to quash that alleged that \u00a7 28- 319.01(2) violates his \u201cconstitutional rights under the Fifth, Fourteenth and Eighth Amendment[s] to the United States Constitution and the correlative provisions of the Nebraska Constitution.\u201d His motion was overruled. 2. Constitutional Challenge: Equal Protection Hibler argues that \u00a7 28-319.01 is unconstitutional on its face because its violation imposes a substantially harsher sentence than a violation of other first degree sexual assault statutes solely based on the ages of the victim and the offender. Our analysis of this age classification focuses on the propriety of the age of the victim because that analysis is dispositive of Hibler's claim. Section 28-319.01 provides: (1 person commits sexual assault of a child in the first degree: (a) When he or she subjects another person under twelve years of age to sexual penetration and the actor is at least nineteen years of age or older; or (b) When he or she subjects another person who is at least twelve years of age but less than sixteen years of age to sexual penetration and the actor is twenty-five years of age or older. (2) Sexual assault of a child in the first degree is a Class felony with a mandatory minimum sentence of fifteen years in prison for the first offense. Hibler's primary constitutional challenge to \u00a7 28-319.01 is that its age classifications violate the Equal Protection Clause of the 14th Amendment and article I, \u00a7 3, of the Nebraska Constitution. Hibler maintains that the ages provided in \u00a7 28-319.01(1)(a) are arbitrary and not supported by a plausible policy reason or rational basis. Although Hibler addresses other provisions of \u00a7 28-319.01 containing age classifications, we consider only his challenge to \u00a7 28-319.01(1)(a), and in particular, the age of the victim, because he has standing to challenge only the statute that was relevant to the prosecution of his case. Standing to challenge the constitutionality of a statute under the federal or state Constitution depends upon whether one is, or is about to be, adversely affected by the language in question; to establish standing, the contestant must show that as a consequence of the alleged unconstitutionality, the contestant is, or is about to be, deprived of a protected right. State v. Harris, 284 Neb. 214, 817 N.W.2d 258 (2012). The Nebraska Constitution and the U.S. Constitution have identical requirements for equal protection challenges. Lingenfelter v. Lower Elkhorn NRD, 294 Neb. 46, 881 N.W.2d 892 (2016). The Equal Protection Clause requires the government to treat similarly situated people alike. Lingenfelter, supra. It does not forbid classifications; it simply keeps governmental decisionmakers from treating differently persons who are in all relevant respects alike. Id. In support of his equal protection challenge, Hibler refers us to other sexual assault statutes. However, he identifies no other sexual assault statute where the victim is under 12 years of age. Thus, for example, Hibler compares first degree sexual assault of a child under \u00a7 28-319.01 to first degree sexual assault under \u00a7 28-319(1)(c), the latter of which does not carry a mandatory minimum sentence. But because first degree sexual assault under \u00a7 28-319(1)(c) is defined in part as subjecting a victim to sexual penetration when the victim is at least 12 years of age but less than 16 years of age, a violation of \u00a7 28- 319(1)(c) is simply a different crime from the one of which Hibler stands convicted. Hibler's reference to other statutes does not inform our analysis. If a legislative classification involves either a suspect class or a fundamental right, courts will analyze the classification with strict scrutiny. Lingenfelter, supra suspect class is one that has been saddled with such disabilities or subjected to such a history of purposeful unequal treatment as to command extraordinary protection from the majoritarian political process. Id. Hibler does not contend he is a member of a suspect class. The classifications Hibler challenges are based on age, and age itself is not a suspect classification for equal protection purposes. See State v. Senters, 270 Neb. 19, 699 N.W.2d 810 (2005). When a classification created by state action does not jeopardize the exercise of a fundamental right or categorize because of an inherently suspect characteristic, the Equal Protection Clause requires only that the classification rationally further a legitimate state interest. Lingenfelter, supra. Under the rational basis test, whether an equal protection claim challenges a statute or some other government act or decision, the burden is upon the challenging party to eliminate any reasonably conceivable state of facts that could provide a rational basis for the classification. Id. Under this most relaxed and tolerant form of judicial scrutiny of equal protection claims, the Equal Protection Clause is satisfied as long as (1) there is a plausible policy reason for the classification, (2) the legislative facts on which the classification is based may rationally have been considered to be true by the governmental decisionmaker, and (3) the relationship of the classification to its goal is not so attenuated as to render the distinction arbitrary or irrational. Lingenfelter, supra. With these three considerations in mind, we review the legislative history of \u00a7 28-319.01. The legislative history shows that the bill's sponsor was concerned about the lasting harm to victims of sexual assault in situations where the victim is very young. The introducing senator testified before the Committee on Judiciary that [i]n 2005, of the 97 people in prison for first-degree sexual assault, 23 of them had assaulted a child under the age of 12. Nine years is the average length of their incarceration. By creating the new offenses, we are able to enhance the penalties for the most heinous crimes. Judiciary Committee Hearing, L.B. 1199, 99th Leg., 2d Sess. 2-3 (Feb. 16, 2006). Another senator speaking during the floor debate stated that \u201c[i]f you offend against a child, it should put you in a secure environment, away from the rest of your community, for a very long time, and that is the part of the reform that makes sense.\u201d Floor Debate, L.B. 1199, Judiciary Committee, 99th Leg., 2d Sess. 11590 (Mar. 27, 2006). It is reasonable to conclude that harsher punishments for those who commit first degree sexual assault against young children would further the policy and goal of protecting a vulnerable group by preventing convicted perpetrators from reoffending. In 2009, the Legislature amended \u00a7 28-319.01 to add a provision that an individual over the age of 25 who subjected a person at least 12 years of age but less than 16 years of age to sexual penetration was guilty of first degree sexual assault of a child and subject to a mandatory minimum sentence. See \u00a7 28- 319.01(1)(b). Although this amendment did not affect Hibler, whose victim was under age 12, we note that statements by legislators again demonstrated, inter alia, a concern to protect young people under age 16. See Judiciary Committee Hearing, L.B. 15, 101st Leg., 1st Sess. 3 (Mar. 11, 2009). Although the age-based classifications defining first degree sexual assault of a child could have been drawn differently, the Legislature is clothed with the power of defining crimes and misdemeanors and fixing their punishment; and its discretion in this respect, exercised within constitutional limits, is not subject to review by the courts. State v. Stratton, 220 Neb. 854, 374 N.W.2d 31 (1985). Our review of the legislative history shows that the age classifications to which Hibler is subject in \u00a7 28-319.01(1)(a) are rationally related to plausible policy reasons considered by lawmakers and that the relationship of the classifications to their goals are not so attenuated as to render the distinction arbitrary or irrational. Hibler has not carried his burden to eliminate any reasonably conceivable state of facts that could provide a rational basis for the age classification in \u00a7 28-319.01(1)(a) and its logically associated mandatory minimum sentence in \u00a7 28-319.01(2). See Lingenfelter v. Lower Elkhorn NRD, 294 Neb. 46, 881 N.W.2d 892 (2016). 3. Constitutional Challenges: Due Process and Cruel and Unusual Punishment Although Hibler frames his constitutional challenge as a violation of equal protection, his motion to quash cites other constitutional provisions, and for completeness, we briefly comment on them. Hibler's motion to quash asserted that \u00a7 28-319.01 violates the Due Process Clause of the 5th and 14th Amendments to the U.S. Constitution and article I, \u00a7 3, of the Nebraska Constitution, as well as the Cruel and Unusual Punishment Clause of the 8th Amendment to the U.S. Constitution, as incorporated and applied to the states through the 14th Amendment. See Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972). We find these challenges to be without merit. As the legislative history showed, based on the policy, goals, and facts evinced therein, the Legislature required more severe punishments for first degree sexual assault of a young child, because it concluded it was a more serious crime. As noted above, the Legislature is empowered to define crimes, and in fixing their punishments, it need not select the least severe penalties. Stratton, supra. With regard to the mandatory minimum sentence, it is well settled that the guarantees of due process and equal protection, as well as the prohibition against cruel and unusual punishment, do not require individual sentencing in noncapital cases. See, e.g., State v. Ferman-Velasco, 333 Or. 422, 41 P.3d 404 (2002); Campbell v. State, 268 Ga. 44, 485 S.E.2d 185 (1997); People v. Hall, 396 Mich. 650, 242 N.W.2d 377 (1976). It is not unconstitutional to prescribe a more severe punishment for a defendant who perpetrates sexual assault against a child under the age of 12. The age classifications in \u00a7 28-319.01(1)(a) and the associated mandatory minimum sentence in \u00a7 28-319.01(2) are not unconstitutional. 4. Evidentiary Rulings We next consider Hibler's assignments of error regarding evidentiary rulings made by the district court. (a) A.H.\u2019s Military Discharge, Previous Employment as an Exotic Dancer, and Mental Health History Hibler claims that the district court abused its discretion when it sustained the State's motion in limine which prevented Hibler from questioning A.H. about the facts of her life, including her other than honorable discharge from the military, mental health history, substance abuse, and previous employment as an exotic dancer. The district court found this line of questioning was not relevant and lacked any probative value. Hibler argues that cross-examination of A.H. on these matters was relevant, because it would have revealed that she was an unfit parent. He contends that her testimony would have strengthened his defense theory that she desired to win sole custody of their children in a future divorce proceeding by planting the sexual assault story in J.H.\u2019s mind. The personal issues excluded by the district court were not relevant to A.H.\u2019s testimony about Hibler's confession, nor did the ruling hinder Hibler's defense. Hibler called A.H.\u2019s credibility into question at trial and was able to pursue his defense by questioning her about the movie she watched with J.H., featuring a child struggling to report a sexual assault; about the \u201ccurious tim[ing]\u201d of her filing for divorce just before she alleged Hibler confessed the sexual assaults; and about other parts of her life that he felt made him a stronger candidate for sole custody of their children. Hibler has not shown that the district court abused its discretion when it sustained the State's motion in limine regarding cross-examination of A.H. (b) Text Messages From A.H. Hibler claims the district court erred when it sustained the State's objection to exhibit 29 on the basis of hearsay and unfair prejudice. Exhibit 29 contained copies of text messages between A.H. and Hibler dated May 8, 2016. The data included a string of messages between A.H. and Hibler which were exchanged approximately 10 days after Hibler had allegedly admitted his conduct with J.H. Hibler contends that because the messages failed to refer to a confession, the messages are inconsistent with A.H.\u2019s testimony that Hibler had previously confessed. Hibler asserts that the messages or portions thereof should have been admissible as impeachment of A.H. We reject Hibler's argument. Hearsay is a statement, other than one made by the declarant while testifying at a trial or hearing, offered in evidence to prove the truth of the matter asserted. Neb. Rev. Stat. \u00a7 27-801(3) (Reissue 2016). Hearsay is not admissible unless a specific exception to the hearsay rule applies. Neb. Rev. Stat. \u00a7 27- 802 (Reissue 2016). Hibler argues that the statements were not offered for the truth of the matters asserted but instead were properly proffered to attack the credibility of A.H. by showing an inconsistency between her testimony at trial and her text messages. As a general rule, a witness makes an inconsistent or contradictory statement if the witness refuses to either deny or affirm that he or she made the prior statement, or if the witness answers that he or she does not remember whether he or she made the prior statement. State v. Dominguez, 290 Neb. 477, 860 N.W.2d 732 (2015). We have indicated that prior extrajudicial statements of a witness may be received into evidence for the limited purpose of assisting the jury in ascertaining the credibility of the witness, but unless they are otherwise admissible, they may not be considered as substantive evidence of the facts declared in the statements. See id. In sustaining the State's objection based on hearsay, the district court stated it did not see anything in responses that would be appropriate for impeachment purposes and, in addition, found them to be more prejudicial than probative. We have reviewed the record, and it shows that the messages were not inconsistent with trial testimony. Some of the messages in question from A.H. to Hibler include: \u201cJust [t]ell the truth\u201d; \u201cStop trying to save your own skin\u201d; \u201cTrust is earned but not by lies and secrets\u201d; \u201cYou did this, you made the choices\u201d; and \u201cStop playing the victim and tell the truth.\u201d Contrary to Hibler's characterization, the messages did not serve to impeach or rebut testimony regarding Hibler's purported admission. The messages are hearsay, and the trial court did not err when it sustained the State's hearsay exception to exhibit 29 and excluded the text messages in their entirety. (c) Diary of J.H. Hibler claims that the district court erred when, following cross-examination of J.H., it admitted certain of J.H.\u2019s diary entries written before she disclosed the alleged abuse at a child advocacy center interview. The district court reasoned that the diary entries were admissible to rebut a charge of recent fabrication. Hibler contends that because he did not charge J.H. with recent fabrication or improper influence or motive, the diary entries were hearsay and not within an exception to the hearsay rule. We reject this assignment of error. As discussed above, hearsay is not admissible unless a specific exception to the hearsay rule applies. See \u00a7 27-802. However, statements are not hearsay if they are consistent with the declarant's testimony and are offered to rebut an express or implied charge against the declarant of recent fabrication, improper influence, or improper motive under \u00a7 27-801(4)(a)(ii). Here, Hibler contends that although he sought to impeach J.H.\u2019s testimony by attacking her credibility, such approach did not rise to an implied or express charge of recent fabrication. We have recognized that it is sometimes difficult to determine whether a question attempts impeachment or rises to the level of a charge of recent fabrication and that it is not an abuse of discretion to allow the question where the impeachment is susceptible to either interpretation. See State v. Buechler, 253 Neb. 727, 572 N.W.2d 65 (1998). Here, the district court believed there had been an express or implied charge of recent fabrication, improper influence or motive, such that some of the statements as redacted were admissible hearsay. We do not find this determination to be an abuse of discretion. We have reviewed the record and are mindful of the dates attributed to the diary entries vis-a-vis Hibler's theory of events. We permit a declarant's consistent out-of-court statements to rebut a charge of recent fabrication, improper influence, or improper motive when those statements were made before the charge of recent fabrication, improper influence, or improper motive. See State v. Morris, 251 Neb. 23, 554 N.W.2d 627 (1996). Hibler's defense at trial was generally that A.H. had suggested the sexual abuse claim to J.H. as a story J.H. would tell to her friends to gain attention. The entries from J.H.\u2019s diary located on her tablet computer pertained to her state of mind regarding her approach to disclosing the alleged abuse to people around her. They were made before A.H.\u2019s alleged suggestions. The diary rebutted Hibler's argument that J.H.\u2019s report of sexual assault was recently fabricated. The trial court did not abuse its discretion when it admitted portions of J.H.\u2019s diary to rebut an express or implied charge of recent fabrication. See \u00a7 27-801(4)(a)(ii). 5. Sufficiency of the Evidence Hibler claims the evidence was not sufficient at trial to prove that he committed sexual assault of a child in the first degree or incest with a person under 18 years of age. Penetration is an element of the offense of sexual assault of a child in the first degree and incest. \u00a7\u00a7 28-319.01 and 28-703. Hibler notes that J.H. did not explicitly state that Hibler's fingers or hand \u201cpenetrated\u201d her labia or vagina. However, taken in the light most favorable to the State, the evidence is sufficient to establish that penetration, as understood in the law, occurred. We have stated that the slightest intrusion into the genital opening is sufficient to constitute penetration, and such element may be proved by either direct or circumstantial evidence. State v. Archie, 273 Neb. 612, 733 N.W.2d 513 (2007). It is not necessary that the vagina be entered or that the hymen be ruptured; the entry of the vulva or labia is sufficient. Id. J.H. did not use the word \u201cpenetration\u201d when she testified at trial, but described acts by Hibler in detail sufficient to show penetration had occurred. J.H.\u2019s testimony was consistent with the more anatomically informed testimony of A.H. summarizing J.H.\u2019s reports of the sexual assaults. We have refused to require that a youthful victim testify about sexual acts \u201cin vocabulary used by a gynecologist.\u201d State v. Hirsch, 245 Neb. 31, 47, 511 N.W.2d 69, 80 (1994 rational jury could conclude that Hibler's actions described above in our statement of facts section were sufficient to prove penetration. The evidence was sufficient to support the conviction for first degree sexual assault of a child and incest with a person under 18 years of age. 6. Ineffective Assistance of Counsel Hibler claims that his trial counsel provided ineffective assistance in several respects. He is represented on direct appeal by different counsel from the counsel who represented him during trial. When a defendant's trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel's ineffective performance which is known to the defendant or is apparent from the record, otherwise, the issue will be procedurally barred in a subsequent postconviction proceeding. State v. Golyar, 301 Neb. 488, 919 N.W.2d 133 (2018). An ineffective assistance of counsel claim is raised on direct appeal when the claim alleges deficient performance with enough particularity for (1) an appellate court to make a determination of whether the claim can be decided upon the trial record and (2) a district court later reviewing a petition for postconviction relief to recognize whether the claim was brought before the appellate court. Id. On direct appeal, allegations of how the defendant was prejudiced by trial counsel's allegedly deficient conduct are unnecessary in our determination of whether the trial record supports the assigned error. State v. Abdullah, 289 Neb. 123, 853 N.W.2d 858 (2014), citing State v. Filholm, 287 Neb. 763, 848 N.W.2d 571 (2014). The fact that an ineffective assistance of counsel claim is raised on direct appeal does not necessarily mean that it can be resolved. Golyar, supra. The determining factor is whether the record is sufficient to adequately review the question. Id. Hibler alleges, restated and consolidated, that his trial counsel was ineffective in the following ways: (1) failing to object to the testimony of J.H.\u2019s friend regarding what J.H. told her when they met at the school playground; (2) failing to impeach and cross-examine three members of law enforcement, A.H., and J.H. regarding differences in trial testimony concerning the processing of J.H.\u2019s tablet computer and the testimony of some of the law enforcement officers in their depositions and a police report; (3) failing to subpoena or move to compel the State to turn over a Cellebrite report generated during data extraction of the tablet computer; (4) failing to engage an independent forensic computer examiner to review the reports and data extractions performed on the tablet computer; (5) failing to mount a foundational challenge to the diary entries based on a broken chain of custody of the tablet computer, because officers gave conflicting deposition testimony concerning the tablet; (6) failing to move for a continuance when the State produced an approximately 18,000-page Cellebrite report containing the contents of A.H.\u2019s cell phone on the first day of trial; (7) failing to investigate or obtain bank records or cross-examine A.H. on her removal of $2,300 from a joint account with Hibler just prior to the time A.H. testified that Hibler made confessions to her; (8) failing to cross-examine A.H. and J.H. and present evidence of the family's account with a media service provider concerning the movie they testified to watching in March 2016 that would show they watched a movie about child sexual assault prior to J.H.\u2019s disclosure to her friends; (9) failing to introduce evidence of an episode of a television show concerning victims of crimes which the family had watched and, instead of introducing this evidence or cross-examining J.H., only asking J.H. if it was one of her favorite shows, to which she responded, \u201cNo\u201d; (10) failing to cross-examine A.H. or investigate the facts that the purple underwear which tied on the sides and was entered as an exhibit was clothing A.H. wore as an exotic dancer, that it was stored in a suitcase in a storage room, and that A.H. would have noticed if Hibler had searched through the suitcase and brought out the underwear; (11) failing to cross-examine A.H. and present evidence that A.H. was discharged from military service because she lied about her mental health diagnosis on her enlistment forms; (12) failing to investigate the online relationship A.H. had with a man she described as living in Hawaii, where such investigation would have revealed the relationship was significant and ongoing; (13) failing to investigate or adequately cross-examine A.H. concerning previous efforts to take custody of their children from Hibler; (14) failing to investigate and present evidence that J.H. made a false allegation against A.H.\u2019s uncle in Arizona; (15) failing to thoroughly investigate or cross-examine witnesses concerning the fact that the father of one of J.H.\u2019s friends to whom she disclosed the abuse at the playground said the disclosure happened in March, not February, which information was revealed in the Cellebrite report provided to Hibler on the first day of trial; (16) failing to subpoena or otherwise obtain records from the Ronald McDonald House in Kansas City, Missouri, which would have demonstrated the sexual assaults could not have occurred as J.H. testified, because A.H. was not in Kansas City at the times asserted by A.H. and J.H. at trial; (17) failing to subpoena or investigate witnesses and failing to cross-examine Hibler's father when he testified at trial concerning the fact that Hibler almost never drank alcohol; (18) failing to examine two law enforcement officers regarding the police report that was generated after J.H.\u2019s deposition in which she testified that the tablet computer had been returned to her possession and that she agreed not to do anything with it until the completion of the trial; (19) failing to recall A.H. and J.H. during trial to rebut the State's case on matters discussed above; (20) representing to the jury during closing arguments that Hibler might have committed some of the alleged acts even though Hibler specifically told trial counsel he did not engage in any sexual touching of J.H.; (21) advising Hibler not to testify when Hibler informed trial counsel he did not engage in any sexual touching of J.H.; (22) failing to cross-examine any of the police officers who testified as to the reasons for the delay of at least 1 year of the interviews of the children who were present at the playground where J.H. initially disclosed the sexual assaults; (23) failing to cross-examine J.H.\u2019s friend and the principal regarding who walked J.H. back to her classroom following her interview with the principal and teacher where police reports contradict the principal's testimony concerning who J.H. interacted with in the minutes following the interview; and (24) failing to subpoena witnesses from the school who would have testified that J.H. had been caught lying to school officials about unrelated matters in the time prior to her allegations against Hibler. We have reviewed the record and have determined that the record on appeal is sufficient to review and reject claims Nos. 1, 11, 19, and 20 on direct appeal. The remaining claims of ineffectiveness of trial counsel cannot be resolved on direct appeal because they implicate matters outside the record, such as information known or not known to trial counsel and conversations between Hibler and trial counsel. In ineffectiveness claim No. 1, Hibler asserts that his trial counsel should have objected to testimony by one of J.H.\u2019s friends to the effect that J.H. disclosed to her and some other friends at the school playground that someone in her family was touching her inappropriately. He contends that such objection would have been sustained and that if the testimony had been excluded, it would have resulted in a reasonable probability of a different outcome in his case. We do not agree. J.H. had already testified that she told her friends at school what was happening. Hibler was not prejudiced by any failure of his trial counsel to object to this cumulative testimony. In ineffectiveness claim No. 11, Hibler asserts his counsel was ineffective for failing to cross-examine A.H. and present evidence that A.H. was discharged from military service because she lied about her mental health diagnosis on her enlistment forms. The record refutes this claim. During the foundational examination of A.H., the district court heard testimony from A.H. that she did not tell the military about her mental health history and that she later informed the military about it to get discharged. After hearing the testimony, the district court ruled the information was inadmissible. Hibler's trial counsel was not ineffective for refraining from examining A.H. regarding her mental health and the military where the district court had ruled such evidence was inadmissible. In ineffectiveness claim No. 19, Hibler asserts his trial counsel was deficient for not recalling A.H. and J.H. to testify during trial to rebut the State's case. He does not offer what he believes the testimony of A.H. and J.H. would have been and why it was deficient to not recall them. This claim has not been stated with sufficient particularity. In ineffectiveness claim No. 20, Hibler asserts that his trial counsel represented to the jury that Hibler might have committed some of the alleged acts even though Hibler had told his counsel that he did not engage in any sexual touching of J.H. Hibler does not direct us to any examples of trial counsel's purportedly making \u201cadmissions\u201d on Hibler's behalf, and we find none. This claim is refuted by the record For the reasons stated above, in this direct appeal from a jury trial, we reject Hibler's facial state and federal constitutional challenges to the age classifications defining first degree sexual assault of a child and the corresponding mandatory sentence in \u00a7 28-319.01 (1)(a) and (2). We conclude that the district court did not abuse its discretion with regard to the evidentiary rulings challenged by Hibler. The evidence at trial was sufficient to establish the element of sexual penetration to support Hibler's convictions for sexual assault of a child in the first degree and incest with a person under 18 years of age. See \u00a7\u00a7 28-319.01 and 28-703. Finally, the record is insufficient to resolve the majority of Hibler's claims of ineffectiveness of trial counsel on direct appeal. However, we review and reject certain of these claims as described above. We affirm Hibler's convictions and sentences for first degree sexual assault of a child, incest with a person under 18 years of age, and third degree sexual assault of a child. Affirmed agree with the majority's analysis and holding, including its careful application of rational basis scrutiny to analyze the equal protection challenge presented here write separately to emphasize something the majority opinion does not do: apply a threshold \u201csimilarly situated\u201d test. That is significant, because many of our prior opinions describe a threshold showing that a litigant must satisfy before a court will engage in constitutional scrutiny of an equal protection claim.1 As recently as 2015, we described the threshold showing this way: The initial inquiry in an equal protection analysis is whether the challenger is similarly situated to another group for the purpose of the challenged government action. Absent this threshold showing, there is not a viable equal protection claim. In other words, dissimilar treatment of dissimilarly situated persons does not violate equal protection rights.2 This court first applied the threshold \u201csimilarly situated\u201d test in the 1996 case of State v. Atkins.3 There, this court was considering whether the Equal Protection Clause was violated by the different statutory methods used to calculate good time for inmates housed in state prisons 4 as compared to those housed in county jails.5 This court began its analysis by reciting a principle recognized by the U.S. Supreme Court: \u201cAs a general matter, the Equal Protection Clause requires the government to treat similarly situated people alike.\u201d6 We then adopted a new principle articulated by the U.S. Eighth Circuit Court of Appeals in Klinger v. Department of Corrections 7 : \u201c[T]he dissimilar treatment of dissimilarly situated persons does not violate equal protection rights.\u201d8 We also adopted the threshold test applied by the majority in Klinger and announced: [T]he initial inquiry in an equal protection analysis focuses on whether one has demonstrated that one was treated differently than others similarly situated. Absent this threshold showing, one lacks a viable equal protection claim\u2024 If one can make this threshold showing, the inquiry then shifts to whether the legislation at issue can survive judicial scrutiny.9 In Atkins, we concluded it was unnecessary to reach the merits of the equal protection claim because we determined, as a threshold matter, that inmates in state prisons were not similarly situated to inmates in county jails. Although the adoption in Klinger of a threshold similarly situated test has been criticized by judges 10 and commentators 11 as undercutting meaningful equal protection analysis, this court has continued to apply the test to equal protection claims in a variety of contexts.12 In many of those cases, we found the threshold \u201csimilarly situated\u201d showing was not met, and denied the equal protection claim without reaching the merits or engaging in constitutional analysis.13 In doing so, our application of the threshold \u201csimilarly situated\u201d test effectively foreclosed meaningful equal protection review altogether by relying on nothing more than factual differences between two groups. This is not to suggest that factual differences are irrelevant to the equal protection analysis, but as the U.S. Supreme Court's holding in Cleburne v. Cleburne Living Center, Inc.14 illustrates, the mere fact that two groups are different from one another does not mean the State can show a rational basis for treating them differently under the law. The legal conclusion that two groups are not \u201csimilarly situated\u201d is not one courts should be making as a threshold matter, as doing so serves only to insulate the challenged classification from any meaningful equal protection review. If two groups are not similarly situated, the proper constitutional analysis will bear that out. The majority opinion illustrates this point. After reciting the overarching principle that \u201c[t]he Equal Protection Clause requires the government to treat similarly situated people alike\u201d the majority proceeds to analyze the equal protection claim by applying rational basis scrutiny to the age-based classification being challenged here. Only after completing this analysis does the majority conclude that Hibler's equal protection claim lacks merit threshold \u201csimilarly situated\u201d inquiry is a poor substitute for careful judicial scrutiny of the fit between the State's interest and the challenged classification would like to see this court expressly disapprove of our prior cases that have recognized a threshold \u201csimilarly situated\u201d inquiry in equal protection cases. But am encouraged by the fact that the majority opinion neither cites to nor endorses a threshold \u201csimilarly situated\u201d test, and therefore concur in all respects 1. See, State v. Loyuk, 289 Neb. 967, 857 N.W.2d 833 (2015); Sherman T. v. Karyn N., 286 Neb. 468, 837 N.W.2d 746 (2013); State v. Harris, 284 Neb. 214, 817 N.W.2d 258 (2012); State v. Rung, 278 Neb. 855, 774 N.W.2d 621 (2009); In re Interest of J.R., 277 Neb. 362, 762 N.W.2d 305 (2009); Kenley v. Neth, 271 Neb. 402, 712 N.W.2d 251 (2006); In re Interest of Phoenix L., 270 Neb. 870, 708 N.W.2d 786 (2006), disapproved in part on other grounds, In re Interest of Destiny A. et al., 274 Neb. 713, 742 N.W.2d 758 (2007); Hass v. Neth, 265 Neb. 321, 657 N.W.2d 11 (2003); Benitez v. Rasmussen, 261 Neb. 806, 626 N.W.2d 209 (2001); Bauers v. City of Lincoln, 255 Neb. 572, 586 N.W.2d 452 (1998); Gramercy Hill Enters. v. State, 255 Neb. 717, 587 N.W.2d 378 (1998); DeCoste v. City of Wahoo, 255 Neb. 266, 583 N.W.2d 595 (1998); State v. Atkins, 250 Neb. 315, 549 N.W.2d 159 (1996). 2. Loyuk, supra note 1, 289 Neb. at 918, 857 N.W.2d at 844. 3. Atkins, supra note 1. 4. See Neb. Rev. Stat. \u00a7 83-1,101 (Cum. Supp. 2018). 5. See Neb. Rev. Stat. \u00a7 41-502 (Reissue 2010). 6. Atkins, supra note 1, 250 Neb. at 320, 549 N.W.2d at 163, citing City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985). 7. Klinger v. Department of Corrections, 31 F.3d 727 (8th Cir. 1994). 8. Atkins, supra note 1, 250 Neb. at 320, 549 N.W.2d at 163. 9. Id. at 320-21, 549 N.W.2d at 163 (citation omitted). 10. See, e.g., Women Prisoners of D.C. Correct. v. D.C., 93 F.3d 910 (D.C. Cir. 1996) (Rogers, Circuit Judge, concurring in part, and in part dissenting); Klinger, supra note 7 (McMillian, Circuit Judge, dissenting); Varnum v. Brien, 763 N.W.2d 862, 882 (Iowa 2009) (\u201c[i]n considering whether two classes are similarly situated, a court cannot simply look at the trait used by the legislature to define a classification under a statute and conclude a person without that trait is not similarly situated to persons with the trait\u201d). 11. See, Angie Baker, Note, Leapfrogging over Equal Protection Analysis: The Eighth Circuit Sanctions Separate and Unequal Facilities for Males and Females in Klinger v. Department of Corrections, 31 F.3d 727 (8th Cir. 1994), 76 Neb. L. Rev. 371 (1997); Giovanna Shay, Similarly Situated, 18 Geo. Mason L. Rev. 581 (2011). 12. See cases cited supra note 1. 13. See, e.g., In re Interest of Phoenix L., supra note 1 (parents of Indian children not similarly situated to parents of non-Indian children); Benitez, supra note 1 (those with unsubstantiated reports of child abuse not similarly situated to those with court-substantiated reports of child abuse); Gramercy Hill Enters., supra note 1 (two nursing homes not similarly situated); Atkins, supra note 1 (county jail inmates and state prison inmates not similarly situated). 14. Cleburne, supra note 6. Miller-Lerman, J. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law v (2019) Docket No: No. S-18-005. Decided: March 01, 2019 Court: Supreme Court of Nebraska. Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology \uf105Law Students Legal issue need help near (city code or county) Toronto, Ontario \uf057 For Legal Professionals Get a profile on the #1 online legal directory Harness the power of our directory with your own profile. Select the button below to sign up. Sign up \uf105 Enter your email address to subscribe * Indicates required field Get email updates from FindLaw Legal Professionals Email * Learn more about FindLaw\u2019s newsletters, including our terms of use and privacy policy. Learn About the Law Get help with your legal needs FindLaw\u2019s Learn About the Law features thousands of informational articles to help you understand your options. And if you\u2019re ready to hire an attorney, find one in your area who can help. Go to Learn About the Law \uf105 \uf105 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Legal issue need help near (city code or county) Toronto, Ontario \uf057 Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles By Name Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > | Manage Preferences >", "7782_103.pdf": "From Casetext: Smarter Legal Research State v. Hibler Mar 1, 2019 302 Neb. 325 (Neb. 2019) Copy Citations Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free No. S-18-005. 03-01-2019 of Nebraska, Appellee, v. David J. HIBLER, Jr., Appellant. *406 406 David J. Hibler, Jr., appeals his convictions and sentences in the district court for Lancaster County, following a jury trial, for first degree sexual assault of a child, incest with a person under 18 years of age, and third Sign In Search all cases and statutes... Opinion Summaries Case details degree sexual assault of a child. On appeal, Hibler argues that first degree sexual assault of a child under Neb. Rev. Stat. \u00a7 28-319.01(1)(a) and (2) (Reissue 2016) is unconstitutional, because the statute subjects the defendant to a mandatory minimum sentence based solely on the ages of the victim and perpetrator. We conclude that the age classifications defining sexual assault of a child in \u00a7 28-319.01(1)(a) and associated mandatory sentence in \u00a7 28-319.01(2) are not unconstitutional. We also determine that the district court did not abuse its discretion when it made various evidentiary rulings and that the evidence was sufficient to support Hibler\u2019s convictions. We reject several of Hibler\u2019s claims of ineffectiveness of trial counsel but do not reach the merits of various other ineffectiveness claims. For the reasons explained below, we affirm.*329 329 The State charged Hibler by information with one count of first degree sexual assault of a child, \u00a7 28-319.01(2) ; one count of incest with a person under 18 years of age, Neb. Rev. Stat. \u00a7 28-703 (Reissue 2016) ; and one count of third degree sexual assault of a child, Neb. Rev. Stat. \u00a7 28-320.01(3) (Reissue 2016). Before trial, Hibler filed a motion to quash based on his claim that the provisions of \u00a7 28-319.01(2)\"violate [Hibler\u2019s] constitutional rights under the Fifth, Fourteenth and Eighth Amendment[s] to the United States Constitution and the correlative provisions of the Nebraska Constitution.\" At a hearing on the motion to quash, Hibler\u2019s counsel noted the motion was being filed pursuant to State v. Stone, 298 Neb. 53, 902 N.W.2d 197 (2017), which states that to preserve a constitutional challenge to the mandatory minimum sentence which could be imposed, a motion to quash must be filed. The motion was overruled. 1 (a) Testimony of J.H. J.H., the victim, was 13 years old when she testified as the State\u2019s first witness. J.H. is the oldest of the three biological children of Hibler and his former wife, A.H. J.H. testified that she was 11 years old during the events alleged in the information. She testified that her parents were still married in 2015, but she thought they were now divorced. J.H. testified that Hibler began giving her massages when she was 11 years old, *407 following a Soap Box Derby win in 2015. Hibler would massage her when they would run and bike together. Initially, Hibler touched only J.H.\u2019s back and legs when he massaged her. 407 J.H. stated that one night when she was 11 years old, Hibler began to massage her \"butt\" during a massage in A.H. and Hibler\u2019s bedroom. J.H. testified that beginning in October 2015 and continuing through January 2016, Hibler touched her inappropriately more than one time, but less than 10 times. J.H. believed the inappropriate touching occurred about four or *330 five times. J.H. testified specifically that one incident occurred at her grandfather\u2019s home, one incident occurred in J.H.\u2019s bedroom, and the other incidents were in the bedroom Hibler shared with A.H., J.H.\u2019s mother. 330 The evidence showed that one of J.H.\u2019s brothers has cancer and that A.H. would take him out of state once a month for treatment. J.H. stated A.H. and her brother were out of town when Hibler massaged her backside. J.H. was lying on her stomach on Hibler\u2019s bed, and she was not wearing any clothes, but had a towel over her body. J.H. testified that another incident occurred during the morning in J.H.\u2019s room. J.H. had a pain in her chest and Hibler told her to let him give her a massage. He told her to remove her bra so he could massage her chest. J.H. indicated that she stated no but that Hibler stated it \"would make it better,\" so J.H. removed her bra. Hibler then massaged her breasts for possibly 5 or 10 minutes. J.H. was sitting on her bed, and Hibler was sitting next to her. J.H. also testified that Hibler touched her genitals multiple times. Sometime in 2015, J.H. and Hibler were spending the night at her grandfather\u2019s home in Omaha, Nebraska; J.H. believed A.H. and her brother were not at the home. J.H. stated that she was lying on her side while Hibler was massaging her from behind and that at some point, he put his hand in her underwear \"and started touching [her] vagina.\" J.H. described that it felt like a \"swiping motion\" and compared it to \"when a girl goes to the bathroom and she takes the toilet paper, she wipes. She doesn\u2019t like stick it up her vagina, doesn\u2019t like just ... pat it. She swipes it and then puts it in the toilet.\" J.H. testified that she could feel his fingers \"moving up and down [her] vagina\" and that it lasted a long time. She testified that she did not tell anyone, because she was scared. J.H. testified that Hibler also touched her genitals with the \"swiping motion\" at the family home in Lincoln, Nebraska. J.H. thought that it occurred about three times and that it happened when A.H. and her brothers were out of town for her brother\u2019s treatment. J.H. described the swiping episodes as *331 follows: she would be half asleep but still aware of her surroundings, then Hibler would put his hand under her underwear and start touching her vagina in a swiping motion. 331 J.H. described an incident which occurred with Hibler in his bedroom during which Hibler asked J.H. to wear a pair of A.H.\u2019s purple underwear, which tied on the sides. According to J.H., Hibler was massaging her and then had her put on the underwear that tied and began massaging her legs. At one point, Hibler untied the sides of the underwear and massaged her legs right next to her vagina. Hibler looked at her vagina, though he did not touch her vagina at that time. J.H. testified that when Hibler told her to put the underwear on, he had stated something about them making it \"easier.\" J.H. also testified about another incident which occurred in Hibler\u2019s bedroom in the *408 early morning. J.H. believed that just she and Hibler were home and that A.H. and her brothers were probably out of state. During this incident, J.H. was asleep when Hibler began to massage her. When Hibler touched her, he performed the swiping motion and also put his hand over her vagina \"like as if his hand were a bowl and he were putting it over [her] vagina.\" J.H. testified that Hibler \"touched [her] vagina\" and did so \"more towards the top of [her] vagina where there is this thing.\" J.H. stated that during the previous episodes when Hibler was swiping, he would touch the labia, but \"this time it was more towards the top of that\" area but that she did not know the name of the area. When it was just the swiping motion, J.H. usually could feel just Hibler\u2019s fingers, but \"this time [she] felt his whole hand.\" He \"touched the top of [her] vagina\" with \"maybe two or three fingers,\" and \"[h]is fingers were moving.\" This continued for between 15 to 30 minutes. J.H. stated that her eyes were closed but that she was not asleep. J.H. stated that this was the last incident and that it occurred around 408 December or January. She knew that the incident did not happen in February. J.H. testified that, initially, she did not tell anyone about this last incident, because she was scared and did not know what would happen to her and her family. However, after *332 her friends realized something was wrong, she met them at the school playground and told them in February. J.H. asked her friends not to tell anybody, but the mother of one of her friends learned of the alleged assaults and called the school. The principal asked J.H. to come to the office and asked her some questions. J.H. did not tell A.H. prior to when the police became involved, because she stated wasn\u2019t sure if she would believe me or actually wanted to wait until we got a new house, because then thought at the time thought it would be easier....\" She stated that she \"tried to tell [A.H.] There were times, you know, that would say, let\u2019s go for a ride, and would want to tell her. Then would chicken out because it is not something that you can walk up to somebody and say this happened.\" 332 (b) Testimony of A.H. A.H. testified that Hibler was born in November 1980. A.H. married Hibler in 2002 and had three biological children with him. A.H. testified that there were times she went with her son for his treatments out of state between October 2015 and March 2016. The day visits occurred about once a month and often on Fridays. In addition, A.H. recalled that there were two or three other times when she took her son out of state for treatment and that they spent the night out of state. On those occasions, Hibler stayed home with J.H. and their other son. A.H. testified that J.H. \"loved to give pedicures\" and that she liked to give massages and receive them. A.H. testified it would not have been unusual for Hibler to massage J.H. after running or stretching. A.H. stated that before the police came to her workplace on March 31, 2016, to tell her that J.H. had been interviewed, J.H. had not told her anything regarding Hibler\u2019s actions. A.H. testified that she spoke with Hibler in person on several occasions about J.H.\u2019s accusations. They also discussed the trouble in their marriage. According to A.H., Hibler wanted A.H. to convey to J.H. that Hibler believed J.H.\u2019s recollection *333 was a misunderstanding of what had occurred. According to A.H., Hibler initially admitted touching J.H. on just one occasion. A.H. testified that Hibler stated this event occurred when he took J.H. home one night; she was asleep, and he did not want to carry J.H. up the stairs, so he took J.H. *409 to A.H. and Hibler\u2019s bed. Hibler told A.H. that \"he took some melatonin and rolled over and thought [J.H. was A.H.] and he touched her.\" Hibler stated that \"by the time he realized what he had done, the damage was done,\" but that it was only one time and wondered if A.H. could forgive him and try to make their marriage work. 333 409 A.H. testified that Hibler wanted A.H. to encourage J.H. to change her story and tell the police that she took melatonin and had some \"really bad dreams.\" If this became J.H.\u2019s story, people would believe her, they could still buy the house they wanted, they could have more children, and they could try to start over. He urged A.H. to tell J.H. that \"it was just a little mistake and it didn\u2019t have to ruin everything.\" A.H. testified regarding another conversation she had with Hibler on April 26, 2016, when she and Hibler sat in a truck and spoke for a \"[c]ouple hours maybe.\" Hibler initially stated that they could possibly record the conversation, but then changed his mind, so A.H. was only able to record about 7 seconds. In this conversation, Hibler repeated to A.H. what he had said the night before to the effect that he was sorry and ashamed, that there was no good excuse for what he had done, and that there was nothing that he could say or do that would excuse what had happened. A.H. testified that at this point, Hibler indicated there had been several episodes which started around October 2014, when A.H. was at the hospital with their son. A.H. testified that Hibler told her the first episode occurred at his father\u2019s home, sometime in October 2014. Hibler indicated that when J.H. had complained of pain in her hip flexor, he had rubbed her thighs and her hip, and she then fell asleep. Hibler described that there was a \"little gap\" between J.H.\u2019s underwear and skin and that he put his fingers *334 in the gap and felt that \"she was wet\" and it was \"arousing for him.\" A.H. stated Hibler told her he then pulled his hand back, resumed massaging her thigh and hip but then repeatedly slipped his fingers under her underwear while J.H. slept. A.H. 334 testified that Hibler told her that at one point, he gave J.H. a frontal massage, but that it was really innocent, and that J.H. was having panic attacks or shortness of breath and would get a really sharp pain on her side, in response to which Hibler offered to rub her ribs. Hibler told her that J.H. had taken off her shirt, but the pain was in the area covered by her sports bra, so Hibler told her to take the sports bra off, and he just rubbed her muscles there, but that it was not sexual. In connection with another incident, Hibler told A.H. that he and J.H. were home and J.H. asked to sleep in Hibler and A.H.\u2019s bed, which was not uncommon. J.H. indicated she was scared and crying, so she slept in their room. A.H. testified that Hibler stated that either he or J.H. asked for a hug, and Hibler rolled J.H. on top of him and gave her a hug. Hibler became aroused, so he put J.H. back on the bed. A.H. testified that Hibler stated, \"He thought something was wrong with him and he did not know what to do about it.\" A.H. stated Hibler told her he tried watching pornography, including \"fake daddy-daughter porn,\" to cure the problem, but that did not help and in fact made things worse. Hibler stated that J.H. would sometimes ask for a foot massage, Hibler would work his way up to the hip, and Hibler would become aroused; he knew it was wrong. Hibler stated that this pattern became compulsive for him. A.H. testified that when she asked Hibler how many episodes had happened, Hibler told her \"probably a handful.\" He *410 said that the last time was probably in January and that it was different. Regarding this episode, Hibler told A.H. that J.H. was in A.H. and Hibler\u2019s bedroom and that when Hibler asked J.H. if she wanted a massage, she said she did. Hibler described this episode to A.H. as follows: Hibler had J.H. take her clothes off, \"handed her a thong to put on,\" and had her lay down on the bed and put a sheet over her like at a massage parlor. At *335 some point after J.H. fell asleep, Hibler put his fingers under her underwear, but she \"wasn\u2019t wet\"; he grabbed some \"lotion or goop or lube or something\" and put it on her, stroked her and cupped her genital area, touched her and massaged \"the hole,\" and then massaged her clitoris. Hibler indicated to A.H. that he knew his actions \"would make [A.H.] wet, so he was wondering if that would work\" for J.H. Hibler indicated that he did not know how long his actions lasted, but that ultimately he \"jacked off\" and then immediately vomited in a garbage can. 410 335 He stated that he realized he had made a \"really bad mistake.\" He stated that he did not know what to do, that he tried to talk to J.H. the next day but that she was not talking to him, and that he knew something was wrong but did not know how to approach the subject. A.H. testified that Hibler asked her to explain to J.H. the consequences of telling her therapist what Hibler had done, including what could happen financially to A.H. if Hibler were to go to jail; that Hibler was not going to get any \"help\" in prison; and that if A.H. did go to the police, Hibler \"would never admit to anything, ever.\" A.H. testified that she told Hibler to take a plea so that he could still retain a relationship with their sons and that Hibler told her he would never admit to the allegations involving J.H. and that he would try to prove his innocence. A.H. stated that sometime in April 2016, she was sorting laundry with J.H. and that when J.H. saw a pair of A.H.\u2019s underwear which tied at the sides, J.H. was upset and wanted to get rid of them. (c) Testimony of Other Witnesses The State called several witnesses: police officers, investigators, a teacher, the principal from J.H.\u2019s school, a psychologist, and a friend of J.H. The friend testified that J.H. \"told us one of her family members touched her inappropriately and we asked who and she said she could not say.\" She also testified that J.H. later \"whispered in our ears one time during class that it was her dad.\" Trial counsel did not object to this testimony. *336 Although J.H. told her friends not to tell anyone, the friend told her mother, who told the principal of their school. 336 (d) Hibler\u2019s Defense Hibler\u2019s defense at trial was generally that A.H. may have implanted memories of sexual assault in J.H. at a time when J.H. was vulnerable, because she was experiencing problems at school, bullying, mental health issues, and estrangement from A.H. In addition, her brother, who had cancer, had become the center of attention. There was evidence that A.H. and J.H. watched a movie about child sexual abuse, and Hibler claimed that A.H. used this viewing as a vehicle to plant the idea in J.H.\u2019s mind that she, too, had been sexually assaulted. Hibler highlighted the fact that J.H. did not initially come forward on her own about the alleged assaults and told her friends not to tell anybody. Hibler told the jury that A.H. and Hibler were having trouble in their marriage and that A.H. had filed for divorce, claiming Hibler had confessed to her. Hibler believes that this purported confession would be used by A.H. as leverage to gain custody of the children and overcome negative facts about A.H.\u2019s life.*411 Hibler\u2019s father testified on Hibler\u2019s behalf. He testified that Hibler and J.H. never stayed at his home alone in the entire time he lived at the house and that \"[i]t\u2019s always been the whole family.\" 411 2 On October 27, 2017, a jury found Hibler guilty of first degree sexual assault of a child, incest with a person under 18 years of age, and third degree sexual assault of a child. The district court imposed sentences on December 20. As to the conviction of first degree sexual assault of a child, a Class felony, Hibler received a sentence of 20 to 25 years\u2019 imprisonment. With regard to the conviction of incest with a person under 18 years of age, a Class felony, Hibler received a sentence of 18 to 20 years\u2019 imprisonment. With regard to the conviction of third degree sexual assault of a child, a *337 Class felony, Hibler received a sentence of 2 to 3 years\u2019 imprisonment. 337 The district court ordered that Hibler serve the sentences concurrently with one another, and Hibler received 53 days\u2019 credit toward his sentences. Hibler appealed, and gave notice under Neb. Ct. R. App. P. \u00a7 2-109(E) (rev. 2014) that his appeal includes a challenge to the constitutionality of \u00a7 28- 319.01 Hibler claims, summarized and restated, that the district court erred when it rejected his constitutional challenge to \u00a7 28-319.01. He also claims that the district court made several erroneous evidentiary rulings, including admitting diary entries of J.H.; excluding certain text messages; and preventing Hibler from examining A.H. concerning her military discharge, employment, and mental health history. Hibler claims that the State did not present sufficient evidence to support the convictions of first degree sexual assault of a child and incest, because evidence of the element of penetration was lacking. Hibler claims his trial counsel was ineffective. With regard to sentencing, as noted, Hibler claims that the mandatory minimum sentence regarding first degree sexual assault of a child where the victim is under 12 years old pursuant to \u00a7 28-319.01(2) is unconstitutional The constitutionality of a statute presents a question of law, which we independently review. State v. Stone, 298 Neb. 53, 902 N.W.2d 197 (2017). An appellate court reviews for abuse of discretion a trial court\u2019s evidentiary rulings on relevance, whether the probative value of evidence is substantially outweighed by the danger of unfair prejudice, and the sufficiency of a party\u2019s foundation for admitting evidence. State v. Tucker, 301 Neb. 856, 920 N.W.2d 680 (2018). In reviewing a criminal conviction for a sufficiency of the evidence claim, whether the evidence is direct, circumstantial, *338 or a combination thereof, the standard is the same: An appellate court does not resolve conflicts in the evidence, pass on the credibility of witnesses, or reweigh the evidence; such matters are for the finder of fact. The relevant question for an appellate court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Id. 338 Whether a claim of ineffective assistance of trial counsel may be determined on direct appeal is a question of law. State v. Golyar, 301 Neb. 488, 919 N.W.2d 133 (2018). In reviewing claims of ineffective assistance of counsel on direct appeal, *412 an appellate court decides only whether the undisputed facts contained within the record are sufficient to conclusively determine whether counsel did or did not provide effective assistance and whether the defendant was or was not prejudiced by counsel\u2019s alleged deficient performance. Id. 412 We must first consider Hibler\u2019s facial constitutional challenge focused on the statutory elements of first degree sexual assault of a child under which he was convicted, \u00a7 28-319.01(1)(a), and, in particular, the associated mandatory minimum sentence, \u00a7 28-319.01(2 statute is presumed to be constitutional, and all reasonable doubts are resolved in favor of its constitutionality. State v. Harris, 284 Neb. 214, 817 N.W.2d 258 (2012). 1 We have held that the proper procedure for raising a facial constitutional challenge to a criminal statute is to file a motion to quash, and all defects not raised in a motion to quash are taken as waived by a defendant pleading the general issue. Stone, supra. Hibler filed a motion to quash that alleged that \u00a7 28-319.01(2) violates his \"constitutional rights under the Fifth, Fourteenth and Eighth Amendment[s] to the United States Constitution and the correlative provisions of the Nebraska Constitution.\" His motion was overruled.*339 2 339 Hibler argues that \u00a7 28-319.01 is unconstitutional on its face because its violation imposes a substantially harsher sentence than a violation of other first degree sexual assault statutes solely based on the ages of the victim and the offender. Our analysis of this age classification focuses on the propriety of the age of the victim because that analysis is dispositive of Hibler\u2019s claim. Section 28-319.01 provides: (1 person commits sexual assault of a child in the first degree: (a) When he or she subjects another person under twelve years of age to sexual penetration and the actor is at least nineteen years of age or older; or (b) When he or she subjects another person who is at least twelve years of age but less than sixteen years of age to sexual penetration and the actor is twenty-five years of age or older. (2) Sexual assault of a child in the first degree is a Class felony with a mandatory minimum sentence of fifteen years in prison for the first offense. Hibler\u2019s primary constitutional challenge to \u00a7 28-319.01 is that its age classifications violate the Equal Protection Clause of the 14th Amendment and article I, \u00a7 3, of the Nebraska Constitution. Hibler maintains that the ages provided in \u00a7 28-319.01(1)(a) are arbitrary and not supported by a plausible policy reason or rational basis. Although Hibler addresses other provisions of \u00a7 28-319.01 containing age classifications, we consider only his challenge to \u00a7 28-319.01(1)(a), and in particular, the age of the victim, because he has standing to challenge only the statute that was relevant to the prosecution of his case. Standing to challenge the constitutionality of a statute under the federal or state Constitution depends upon whether one is, or is about to be, adversely affected by the language in question; to establish standing, the contestant must show that as a consequence *340 of the alleged unconstitutionality, the contestant is, or is about to be, deprived of a protected right. State v. Harris, 284 Neb. 214, 817 N.W.2d 258 (2012).*413 The Nebraska Constitution and the U.S. Constitution have identical requirements for equal protection challenges. Lingenfelter v. Lower Elkhorn NRD, 294 Neb. 46, 881 N.W.2d 892 (2016). The Equal Protection Clause requires the government to treat similarly situated people alike. Lingenfelter, supra. It does not forbid classifications; it simply keeps governmental decisionmakers from treating differently persons who are in all relevant respects alike. Id. 340 413 In support of his equal protection challenge, Hibler refers us to other sexual assault statutes. However, he identifies no other sexual assault statute where the victim is under 12 years of age. Thus, for example, Hibler compares first degree sexual assault of a child under \u00a7 28-319.01 to first degree sexual assault under \u00a7 28-319(1)(c), the latter of which does not carry a mandatory minimum sentence. But because first degree sexual assault under \u00a7 28-319(1) (c) is defined in part as subjecting a victim to sexual penetration when the victim is at least 12 years of age but less than 16 years of age, a violation of \u00a7 28-319(1)(c) is simply a different crime from the one of which Hibler stands convicted. Hibler\u2019s reference to other statutes does not inform our analysis. If a legislative classification involves either a suspect class or a fundamental right, courts will analyze the classification with strict scrutiny. Lingenfelter, supra suspect class is one that has been saddled with such disabilities or subjected to such a history of purposeful unequal treatment as to command extraordinary protection from the majoritarian political process. Id . Hibler does not contend he is a member of a suspect class. The classifications Hibler challenges are based on age, and age itself is not a suspect classification for equal protection purposes. See State v. Senters, 270 Neb. 19, 699 N.W.2d 810 (2005). When a classification created by state action does not jeopardize the exercise of a fundamental right or categorize *341 because of an inherently suspect characteristic, the Equal Protection Clause requires only that the classification rationally further a legitimate state interest. Lingenfelter, supra. 341 Under the rational basis test, whether an equal protection claim challenges a statute or some other government act or decision, the burden is upon the challenging party to eliminate any reasonably conceivable state of facts that could provide a rational basis for the classification. Id. Under this most relaxed and tolerant form of judicial scrutiny of equal protection claims, the Equal Protection Clause is satisfied as long as (1) there is a plausible policy reason for the classification, (2) the legislative facts on which the classification is based may rationally have been considered to be true by the governmental decisionmaker, and (3) the relationship of the classification to its goal is not so attenuated as to render the distinction arbitrary or irrational. Lingenfelter, supra. With these three considerations in mind, we review the legislative history of \u00a7 28-319.01. The legislative history shows that the bill\u2019s sponsor was concerned about the lasting harm to victims of sexual assault in situations where the victim is very young. The introducing senator testified before the Committee on Judiciary that [i]n 2005, of the 97 people in prison for first-degree sexual assault, 23 of them had assaulted a child under the age of 12. Nine years is the average length of their incarceration. By creating the new offenses, we are able to enhance the penalties for the most heinous crimes. *414 414 Judiciary Committee Hearing, L.B. 1199, 99th Leg., 2d Sess. 2-3 (Feb. 16, 2006). Another senator speaking during the floor debate stated that \"[i]f you offend against a child, it should put you in a secure environment, away from the rest of your community, for a very long time, and that is the part of the reform that makes sense.\" Floor Debate, L.B. 1199, Judiciary Committee, 99th Leg., 2d Sess. 11590 (Mar. 27, 2006). It is reasonable to conclude that harsher punishments for those who commit first degree sexual assault against young children would further the policy and goal of protecting a *342 vulnerable group by preventing convicted perpetrators from reoffending. 342 In 2009, the Legislature amended \u00a7 28-319.01 to add a provision that an individual over the age of 25 who subjected a person at least 12 years of age but less than 16 years of age to sexual penetration was guilty of first degree sexual assault of a child and subject to a mandatory minimum sentence. See \u00a7 28-319.01(1)(b). Although this amendment did not affect Hibler, whose victim was under age 12, we note that statements by legislators again demonstrated, inter alia, a concern to protect young people under age 16. See Judiciary Committee Hearing, L.B. 15, 101st Leg., 1st Sess. 3 (Mar. 11, 2009). Although the age-based classifications defining first degree sexual assault of a child could have been drawn differently, the Legislature is clothed with the power of defining crimes and misdemeanors and fixing their punishment; and its discretion in this respect, exercised within constitutional limits, is not subject to review by the courts. State v. Stratton, 220 Neb. 854, 374 N.W.2d 31 (1985). Our review of the legislative history shows that the age classifications to which Hibler is subject in \u00a7 28-319.01(1)(a) are rationally related to plausible policy reasons considered by lawmakers and that the relationship of the classifications to their goals are not so attenuated as to render the distinction arbitrary or irrational. Hibler has not carried his burden to eliminate any reasonably conceivable state of facts that could provide a rational basis for the age classification in \u00a7 28-319.01(1)(a) and its logically associated mandatory minimum sentence in \u00a7 28-319.01(2). See Lingenfelter v. Lower Elkhorn NRD, 294 Neb. 46, 881 N.W.2d 892 (2016). 3 Although Hibler frames his constitutional challenge as a violation of equal protection, his motion to quash cites other constitutional provisions, and for completeness, we briefly *343 comment on them. Hibler\u2019s motion to quash asserted that \u00a7 28-319.01 violates the Due Process Clause of the 5th and 14th Amendments to the U.S. Constitution and article I, \u00a7 3, of the Nebraska Constitution, as well as the Cruel and Unusual Punishment Clause of the 8th Amendment to the U.S. Constitution, as incorporated and applied to the states through the 14th Amendment. See Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972). We find these challenges to be without merit. 343 As the legislative history showed, based on the policy, goals, and facts evinced therein, the Legislature required more severe punishments for first degree sexual assault of a young child, because it concluded it was a more serious crime. As noted above, the Legislature is empowered to define crimes, and in fixing their punishments, it need not select the least severe penalties. Stratton, supra. With regard to the mandatory minimum sentence, it is well settled that the guarantees of due process and equal protection, *415 as well as the prohibition against cruel and unusual punishment, do not require individual sentencing in noncapital cases. See, e.g., State v. Ferman- Velasco, 333 Or. 422, 41 P.3d 404 (2002) ; Campbell v. State, 268 Ga. 44, 485 S.E.2d 185 (1997) ; People v. Hall, 396 Mich. 650, 242 N.W.2d 377 (1976). 415 It is not unconstitutional to prescribe a more severe punishment for a defendant who perpetrates sexual assault against a child under the age of 12. The age classifications in \u00a7 28-319.01(1)(a) and the associated mandatory minimum sentence in \u00a7 28-319.01(2) are not unconstitutional. 4 We next consider Hibler\u2019s assignments of error regarding evidentiary rulings made by the district court. (a) A.H.\u2019s Military Discharge, Previous Employment as an Exotic Dancer, and Mental Health History Hibler claims that the district court abused its discretion when it sustained the State\u2019s motion in limine which prevented *344 Hibler from questioning A.H. about the facts of her life, including her other than honorable discharge from the military, mental health history, substance abuse, and previous employment as an exotic dancer. The district court found this line of questioning was not relevant and lacked any probative value. Hibler argues that cross-examination of A.H. on these matters was relevant, because it would have revealed that she was an unfit parent. He contends that her testimony would have strengthened his defense theory that she desired to win sole custody of their children in a future divorce proceeding by planting the sexual assault story in J.H.\u2019s mind. 344 The personal issues excluded by the district court were not relevant to A.H.\u2019s testimony about Hibler\u2019s confession, nor did the ruling hinder Hibler\u2019s defense. Hibler called A.H.\u2019s credibility into question at trial and was able to pursue his defense by questioning her about the movie she watched with J.H., featuring a child struggling to report a sexual assault; about the \"curious tim[ing]\" of her filing for divorce just before she alleged Hibler confessed the sexual assaults; and about other parts of her life that he felt made him a stronger candidate for sole custody of their children. Hibler has not shown that the district court abused its discretion when it sustained the State\u2019s motion in limine regarding cross-examination of A.H. (b) Text Messages From A.H. Hibler claims the district court erred when it sustained the State\u2019s objection to exhibit 29 on the basis of hearsay and unfair prejudice. Exhibit 29 contained copies of text messages between A.H. and Hibler dated May 8, 2016. The data included a string of messages between A.H. and Hibler which were exchanged approximately 10 days after Hibler had allegedly admitted his conduct with J.H. Hibler contends that because the messages failed to refer to a confession, the messages are inconsistent with A.H.\u2019s testimony that Hibler had previously confessed. Hibler asserts that the messages or portions thereof should have been admissible as impeachment of A.H. We reject Hibler\u2019s argument.*345 Hearsay is a statement, other than one made by the declarant while testifying at a trial or hearing, offered in evidence to prove the truth of the matter asserted. Neb. Rev. Stat. \u00a7 27-801(3) (Reissue 345 2016). Hearsay is not admissible unless a specific exception to the hearsay rule applies. Neb. Rev. Stat. \u00a7 27-802 (Reissue 2016). Hibler argues that the statements were not offered for the truth of the matters asserted but instead were properly proffered to attack the credibility of A.H. by showing an inconsistency between *416 her testimony at trial and her text messages. As a general rule, a witness makes an inconsistent or contradictory statement if the witness refuses to either deny or affirm that he or she made the prior statement, or if the witness answers that he or she does not remember whether he or she made the prior statement. State v. Dominguez, 290 Neb. 477, 860 N.W.2d 732 (2015). We have indicated that prior extrajudicial statements of a witness may be received into evidence for the limited purpose of assisting the jury in ascertaining the credibility of the witness, but unless they are otherwise admissible, they may not be considered as substantive evidence of the facts declared in the statements. See id. 416 In sustaining the State\u2019s objection based on hearsay, the district court stated it did not see anything in responses that would be appropriate for impeachment purposes and, in addition, found them to be more prejudicial than probative. We have reviewed the record, and it shows that the messages were not inconsistent with trial testimony. Some of the messages in question from A.H. to Hibler include: \"Just [t]ell the truth\"; \"Stop trying to save your own skin\"; \"Trust is earned but not by lies and secrets\"; \"You did this, you made the choices\"; and \"Stop playing the victim and tell the truth.\" Contrary to Hibler\u2019s characterization, the messages did not serve to impeach or rebut testimony regarding Hibler\u2019s purported admission. The messages are hearsay, and the trial court did not err when it sustained the State\u2019s hearsay exception to exhibit 29 and excluded the text messages in their entirety.*346 (c) Diary of J.H. 346 Hibler claims that the district court erred when, following cross- examination of J.H., it admitted certain of J.H.\u2019s diary entries written before she disclosed the alleged abuse at a child advocacy center interview. The district court reasoned that the diary entries were admissible to rebut a charge of recent fabrication. Hibler contends that because he did not charge J.H. with recent fabrication or improper influence or motive, the diary entries were hearsay and not within an exception to the hearsay rule. We reject this assignment of error. As discussed above, hearsay is not admissible unless a specific exception to the hearsay rule applies. See \u00a7 27-802. However, statements are not hearsay if they are consistent with the declarant\u2019s testimony and are offered to rebut an express or implied charge against the declarant of recent fabrication, improper influence, or improper motive under \u00a7 27-801(4)(a)(ii). Here, Hibler contends that although he sought to impeach J.H.\u2019s testimony by attacking her credibility, such approach did not rise to an implied or express charge of recent fabrication. We have recognized that it is sometimes difficult to determine whether a question attempts impeachment or rises to the level of a charge of recent fabrication and that it is not an abuse of discretion to allow the question where the impeachment is susceptible to either interpretation. See State v. Buechler, 253 Neb. 727, 572 N.W.2d 65 (1998). Here, the district court believed there had been an express or implied charge of recent fabrication, improper influence or motive, such that some of the statements as redacted were admissible hearsay. We do not find this determination to be an abuse of discretion. We have reviewed the record and are mindful of the dates attributed to the diary entries vis-a-vis Hibler\u2019s theory of events. We permit a declarant\u2019s consistent out-of-court statements to rebut a charge of recent fabrication, improper influence, or improper motive when those *417 statements were made before the charge of recent fabrication, improper influence, *347 or improper motive. See State v. Morris, 251 Neb. 23, 554 N.W.2d 627 (1996). Hibler\u2019s defense at trial was generally that A.H. had suggested the sexual abuse claim to J.H. as a story J.H. would tell to her friends to gain attention. The entries from J.H.\u2019s diary located on her tablet computer pertained to her state of mind regarding her approach to disclosing the alleged abuse to people around her. They were made before A.H.\u2019s alleged suggestions. The diary rebutted Hibler\u2019s argument that J.H.\u2019s report of sexual assault was recently fabricated. 417 347 The trial court did not abuse its discretion when it admitted portions of J.H.\u2019s diary to rebut an express or implied charge of recent fabrication. See \u00a7 27-801(4)(a)(ii). 5 Hibler claims the evidence was not sufficient at trial to prove that he committed sexual assault of a child in the first degree or incest with a person under 18 years of age. Penetration is an element of the offense of sexual assault of a child in the first degree and incest. \u00a7\u00a7 28-319.01 and 28- 703. Hibler notes that J.H. did not explicitly state that Hibler\u2019s fingers or hand \"penetrated\" her labia or vagina. However, taken in the light most favorable to the State, the evidence is sufficient to establish that penetration, as understood in the law, occurred. We have stated that the slightest intrusion into the genital opening is sufficient to constitute penetration, and such element may be proved by either direct or circumstantial evidence. State v. Archie, 273 Neb. 612, 733 N.W.2d 513 (2007). It is not necessary that the vagina be entered or that the hymen be ruptured; the entry of the vulva or labia is sufficient. Id. J.H. did not use the word \"penetration\" when she testified at trial, but described acts by Hibler in detail sufficient to show penetration had occurred. J.H.\u2019s testimony was consistent with the more anatomically informed testimony of A.H. summarizing J.H.\u2019s reports of the sexual assaults. We have refused to require that a youthful victim testify about sexual acts \"in vocabulary used by a gynecologist.\" *348 State v. Hirsch, 245 Neb. 31, 47, 511 N.W.2d 69, 80 (1994 rational jury could conclude that Hibler\u2019s actions described above in our statement of facts section were sufficient to prove penetration. The evidence was sufficient to support the conviction for first degree sexual assault of a child and incest with a person under 18 years of age. 348 6 Hibler claims that his trial counsel provided ineffective assistance in several respects. He is represented on direct appeal by different counsel from the counsel who represented him during trial. When a defendant\u2019s trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel\u2019s ineffective performance which is known to the defendant or is apparent from the record, otherwise, the issue will be procedurally barred in a subsequent postconviction proceeding. State v. Golyar, 301 Neb. 488, 919 N.W.2d 133 (2018). An ineffective assistance of counsel claim is raised on direct appeal when the claim alleges deficient performance with enough particularity for (1) an appellate court to make a determination of whether the claim can be decided upon the trial record and (2) a district court later reviewing a petition for postconviction relief to recognize whether the claim was brought before the appellate court. Id. *418 On direct appeal, allegations of how the defendant was prejudiced by trial counsel\u2019s allegedly deficient conduct are unnecessary in our determination of whether the trial record supports the assigned error. State v. Abdullah, 289 Neb. 123, 853 N.W.2d 858 (2014), citing State v. Filholm, 287 Neb. 763, 848 N.W.2d 571 (2014). The fact that an ineffective assistance of counsel claim is raised on direct appeal does not necessarily mean that it can be resolved. Golyar, supra. The determining factor is whether the record is sufficient to adequately review the question. Id. 418 Hibler alleges, restated and consolidated, that his trial counsel was ineffective in the following ways:*349 (1) failing to object to the testimony of J.H.\u2019s friend regarding what J.H. told her when they met at the school playground; 349 (2) failing to impeach and cross-examine three members of law enforcement, A.H., and J.H. regarding differences in trial testimony concerning the processing of J.H.\u2019s tablet computer and the testimony of some of the law enforcement officers in their depositions and a police report; (3) failing to subpoena or move to compel the State to turn over a Cellebrite report generated during data extraction of the tablet computer; (4) failing to engage an independent forensic computer examiner to review the reports and data extractions performed on the tablet computer; (5) failing to mount a foundational challenge to the diary entries based on a broken chain of custody of the tablet computer, because officers gave conflicting deposition testimony concerning the tablet; (6) failing to move for a continuance when the State produced an approximately 18,000-page Cellebrite report containing the contents of A.H.\u2019s cell phone on the first day of trial; (7) failing to investigate or obtain bank records or cross-examine A.H. on her removal of $2,300 from a joint account with Hibler just prior to the time A.H. testified that Hibler made confessions to her; (8) failing to cross-examine A.H. and J.H. and present evidence of the family\u2019s account with a media service provider concerning the movie they testified to watching in March 2016 that would show they watched a movie about child sexual assault prior to J.H.\u2019s disclosure to her friends; (9) failing to introduce evidence of an episode of a television show concerning victims of crimes which the family had watched and, instead of introducing this evidence or cross-examining J.H., only asking J.H. if it was one of her favorite shows, to which she responded, \"No\"; (10) failing to cross-examine A.H. or investigate the facts that the purple underwear which tied on the sides and was *350 entered as an exhibit was clothing A.H. wore as an exotic dancer, that it was stored in a suitcase in a storage room, and that A.H. would have noticed if Hibler had searched through the suitcase and brought out the underwear; 350 (11) failing to cross-examine A.H. and present evidence that A.H. was discharged from military service because she lied about her mental health diagnosis on her enlistment forms; (12) failing to investigate the online relationship A.H. had with a man she described as living in Hawaii, where such investigation would have revealed the relationship was significant and ongoing; (13) failing to investigate or adequately cross-examine A.H. concerning previous *419 efforts to take custody of their children from Hibler; 419 (14) failing to investigate and present evidence that J.H. made a false allegation against A.H.\u2019s uncle in Arizona; (15) failing to thoroughly investigate or cross-examine witnesses concerning the fact that the father of one of J.H.\u2019s friends to whom she disclosed the abuse at the playground said the disclosure happened in March, not February, which information was revealed in the Cellebrite report provided to Hibler on the first day of trial; (16) failing to subpoena or otherwise obtain records from the Ronald McDonald House in Kansas City, Missouri, which would have demonstrated the sexual assaults could not have occurred as J.H. testified, because A.H. was not in Kansas City at the times asserted by A.H. and J.H. at trial; (17) failing to subpoena or investigate witnesses and failing to cross- examine Hibler\u2019s father when he testified at trial concerning the fact that Hibler almost never drank alcohol; (18) failing to examine two law enforcement officers regarding the police report that was generated after J.H.\u2019s deposition in which she testified that the tablet computer had been returned to her possession and that she agreed not to do anything with it until the completion of the trial; (19) failing to recall A.H. and J.H. during trial to rebut the State\u2019s case on matters discussed above;*351 (20) representing to the jury during closing arguments that Hibler might have committed some of the alleged acts even though Hibler specifically told trial counsel he did not engage in any sexual touching of J.H.; 351 (21) advising Hibler not to testify when Hibler informed trial counsel he did not engage in any sexual touching of J.H.; (22) failing to cross-examine any of the police officers who testified as to the reasons for the delay of at least 1 year of the interviews of the children who were present at the playground where J.H. initially disclosed the sexual assaults; (23) failing to cross-examine J.H.\u2019s friend and the principal regarding who walked J.H. back to her classroom following her interview with the principal and teacher where police reports contradict the principal\u2019s testimony concerning who J.H. interacted with in the minutes following the interview; and (24) failing to subpoena witnesses from the school who would have testified that J.H. had been caught lying to school officials about unrelated matters in the time prior to her allegations against Hibler. We have reviewed the record and have determined that the record on appeal is sufficient to review and reject claims Nos. 1, 11, 19, and 20 on direct appeal. The remaining claims of ineffectiveness of trial counsel cannot be resolved on direct appeal because they implicate matters outside the record, such as information known or not known to trial counsel and conversations between Hibler and trial counsel. In ineffectiveness claim No. 1, Hibler asserts that his trial counsel should have objected to testimony by one of J.H.\u2019s friends to the effect that J.H. disclosed to her and some other friends at the school playground that someone in her family was touching her inappropriately. He contends that such objection would have been sustained and that if the testimony had been excluded, it would have resulted in a reasonable probability of a different outcome in his case. We do not agree. J.H. had already testified that she told her friends *420 at school what was happening. Hibler was not prejudiced by any failure of his trial counsel to object to this cumulative testimony.*352 In ineffectiveness claim No. 11, Hibler asserts his counsel was ineffective for failing to cross-examine A.H. and present evidence that A.H. was discharged from military service because she lied about her mental health diagnosis on her enlistment forms. The record refutes this claim. During the foundational examination of A.H., the district court heard testimony from A.H. that she did not tell the military about her mental health history and that she later informed the military about it to get discharged. After hearing the testimony, the district court ruled the information was inadmissible. Hibler\u2019s trial counsel was not ineffective for refraining from examining A.H. regarding her mental health and the military where the district court had ruled such evidence was inadmissible. 420 352 In ineffectiveness claim No. 19, Hibler asserts his trial counsel was deficient for not recalling A.H. and J.H. to testify during trial to rebut the State\u2019s case. He does not offer what he believes the testimony of A.H. and J.H. would have been and why it was deficient to not recall them. This claim has not been stated with sufficient particularity. In ineffectiveness claim No. 20, Hibler asserts that his trial counsel represented to the jury that Hibler might have committed some of the alleged acts even though Hibler had told his counsel that he did not engage in any sexual touching of J.H. Hibler does not direct us to any examples of trial counsel\u2019s purportedly making \"admissions\" on Hibler\u2019s behalf, and we find none. This claim is refuted by the record For the reasons stated above, in this direct appeal from a jury trial, we reject Hibler\u2019s facial state and federal constitutional challenges to the age classifications defining first degree sexual assault of a child and the corresponding mandatory sentence in \u00a7 28-319.01 (1)(a) and (2). We conclude that the district court did not abuse its discretion with regard to the evidentiary rulings challenged by Hibler. The evidence at trial was sufficient to establish the element of sexual penetration to support Hibler\u2019s convictions for sexual assault of a child in *353 the first degree and incest with a person under 18 years of age. See \u00a7\u00a7 28-319.01 and 28-703. Finally, the record is insufficient to resolve the majority of Hibler\u2019s claims of ineffectiveness of trial counsel on direct appeal. However, we review and reject certain of these claims as described above. We affirm Hibler\u2019s convictions and sentences for first degree sexual assault of a child, incest with a person under 18 years of age, and third degree sexual assault of a child. 353 . Stacy, J., concurring agree with the majority\u2019s analysis and holding, including its careful application of rational basis scrutiny to analyze the equal protection challenge presented here write separately to emphasize something the majority opinion does not do: apply a threshold \"similarly situated\" test. That is significant, because many of our prior opinions describe a threshold showing that a litigant must satisfy before a court will engage in constitutional scrutiny of an equal protection claim. As recently *421 as 2015, we described the threshold showing this way: 1 421 1 See, State v. Loyuk, 289 Neb. 967, 857 N.W.2d 833 (2015) ; Sherman T. v. Karyn N., 286 Neb. 468, 837 N.W.2d 746 (2013) ; State v. Harris, 284 Neb. 214, 817 N.W.2d 258 (2012) ; State v. Rung, 278 Neb. 855, 774 N.W.2d 621 (2009) ; In re Interest of J.R., 277 Neb. 362, 762 N.W.2d 305 (2009) ; Kenley v. Neth, 271 Neb. 402, 712 N.W.2d 251 (2006) ; In re Interest of Phoenix L., 270 Neb. 870, 708 N.W.2d 786 (2006), disapproved in part on other grounds, In re Interest of Destiny A. et al., 274 Neb. 713, 742 N.W.2d 758 (2007) ; Hass v. Neth, 265 Neb. 321, 657 N.W.2d 11 (2003) ; Benitez v. Rasmussen, 261 Neb. 806, 626 N.W.2d 209 (2001) ; Bauers v. City of Lincoln, 255 Neb. 572, 586 N.W.2d 452 (1998) ; Gramercy Hill Enters. v. State, 255 Neb. 717, 587 N.W.2d 378 (1998) ; DeCoste v. City of Wahoo, 255 Neb. 266, 583 N.W.2d 595 (1998) ; State v. Atkins, 250 Neb. 315, 549 N.W.2d 159 (1996). The initial inquiry in an equal protection analysis is whether the challenger is similarly situated to another group for the purpose of the challenged government action. Absent this threshold showing, there is not a *354 354 viable equal protection claim. In other words, dissimilar treatment of dissimilarly situated persons does not violate equal protection rights.2 2 Loyuk , supra note 1, 289 Neb. at 918, 857 N.W.2d at 844. This court first applied the threshold \"similarly situated\" test in the 1996 case of State v. Atkins . There, this court was considering whether the Equal Protection Clause was violated by the different statutory methods used to calculate good time for inmates housed in state prisons as compared to those housed in county jails. This court began its analysis by reciting a principle recognized by the U.S. Supreme Court: \"As a general matter, the Equal Protection Clause requires the government to treat similarly situated people alike.\" We then adopted a new principle articulated by the U.S. Eighth Circuit Court of Appeals in Klinger v. Department of Corrections : \" [T]he dissimilar treatment of dissimilarly situated persons does not violate equal protection rights.\" We also adopted the threshold test applied by the majority in Klinger and announced: 3 4 5 6 7 8 3 Atkins , supra note 1. 4 See Neb. Rev. Stat. \u00a7 83-1,101 (Cum. Supp. 2018). 5 See Neb. Rev. Stat. \u00a7 41-502 (Reissue 2010). 6 Atkins , supra note 1, 250 Neb. at 320, 549 N.W.2d at 163, citing City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985). 7 Klinger v. Department of Corrections, 31 F.3d 727 (8th Cir. 1994). 8 Atkins , supra note 1, 250 Neb. at 320, 549 N.W.2d at 163. [T]he initial inquiry in an equal protection analysis focuses on whether one has demonstrated that one was treated differently than others similarly situated. Absent this threshold showing, one lacks a viable equal protection claim.... If one can make this threshold showing, the inquiry then shifts to whether the legislation at issue can survive judicial scrutiny.9 9 Id. at 320-21, 549 N.W.2d at 163 (citation omitted). *355 355 In Atkins , we concluded it was unnecessary to reach the merits of the equal protection claim because we determined, as a threshold matter, that inmates in state prisons were not similarly situated to inmates in county jails. Although the adoption in Klinger of a threshold similarly situated test has been criticized by judges and commentators *422 as undercutting meaningful equal protection analysis, this court has continued to apply the test to equal protection claims in a variety of contexts. In many of those cases, we found the threshold \"similarly situated\" showing was not met, and denied the equal protection claim without reaching the merits or engaging in constitutional analysis. In doing so, our application of the threshold \"similarly situated\" test effectively foreclosed meaningful equal protection review altogether by relying on nothing more than factual differences between two groups. This is not to suggest that factual differences are irrelevant to the equal protection analysis, but as the U.S. Supreme Court\u2019s holding in *356 Cleburne v. Cleburne LivingCenter, Inc. illustrates, the mere 10 11 422 12 13 356 14 fact that two groups are different from one another does not mean the State can show a rational basis for treating them differently under the law. 10 See, e.g., Women Prisoners of D.C. Correct. v. D.C., 93 F.3d 910 (D.C. Cir. 1996) (Rogers, Circuit Judge, concurring in part, and in part dissenting); Klinger , supra note 7 (McMillian, Circuit Judge, dissenting); Varnum v. Brien, 763 N.W.2d 862, 882 (Iowa 2009) (\"[i]n considering whether two classes are similarly situated, a court cannot simply look at the trait used by the legislature to define a classification under a statute and conclude a person without that trait is not similarly situated to persons with the trait\"). 11 See, Angie Baker, Note, Leapfrogging over Equal Protection Analysis: The Eighth Circuit Sanctions Separate and Unequal Facilities for Males and Females in Klinger v. Department of Corrections, 31 F.3d 727 (8th Cir. 1994), 76 Neb. L. Rev. 371 (1997) ; Giovanna Shay, Similarly Situated, 18 Geo. Mason L. Rev. 581 (2011). 12 See cases cited supra note 1. 13 See, e.g., In re Interest of Phoenix L. , supra note 1 (parents of Indian children not similarly situated to parents of non-Indian children); Benitez , supra note 1 (those with unsubstantiated reports of child abuse not similarly situated to those with court-substantiated reports of child abuse); Gramercy Hill Enters. , supra note 1 (two nursing homes not similarly situated); Atkins , supra note 1 (county jail inmates and state prison inmates not similarly situated). 14 Cleburne , supra note 6. -------- The legal conclusion that two groups are not \"similarly situated\" is not one courts should be making as a threshold matter, as doing so serves only to insulate the challenged classification from any meaningful equal protection review. If two groups are not similarly situated, the proper constitutional analysis will bear that out. The majority opinion illustrates this point. After reciting the overarching principle that \"[t]he Equal Protection Clause requires the government to treat similarly situated people alike\" the majority proceeds to analyze the equal protection claim by applying rational basis scrutiny to the age-based classification being challenged here. Only after completing this analysis does the majority conclude that Hibler\u2019s equal protection claim lacks merit threshold \"similarly situated\" inquiry is a poor substitute for careful judicial scrutiny of the fit between the State\u2019s interest and the challenged classification would like to see this court expressly disapprove of our prior cases that have recognized a threshold \"similarly situated\" inquiry in equal protection cases. But am encouraged by the fact that the majority opinion neither cites to nor endorses a threshold \"similarly situated\" test, and therefore concur in all respects. 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."} |
7,403 | William Wells | Kilgore College | [
"7403_101.pdf",
"7403_101.pdf"
] | {"7403_101.pdf": "harassment/article_2c82a838-f5ea-54df-a9b1-94d542826f9d.html Ex-Kilgore College professor accused of sexual harassment From Staff Reports Feb 16, 2016 Kilgore College professor who resigned in November was being accused of sexual harassment claims, according to an email complaint and text message evidence. The complaint and text messages were obtained Tuesday through a public information request sent to Kilgore College spokesman Chris Craddock on Nov. 11. Kilgore College then sent the request to the attorney general's office for review. William Wells, a professor of history and philosophy, is accused of encouraging a female student to come to his home to drop off a paper, according to the email complaint. Don't Miss These Articles \u2022 Former Tyler nurse, convicted serial killer claims his lawyer was soliciting sex during trial \u2022 Texas bill would ban \u2018furry subculture\u2019 from public schools \u2022 Firefly\u2019s moon lander ends successful mission; Longview man helped make it possible \u2022 Editorial cartoon: March 17, 2025 The complaint, which has the sender's name redacted on request of the attorney general's office, was sent Nov. 6 to Kilgore College officials Bill Holda, then president; Tony Johnson, director of human resources; and Mike Jenkins, vice president of student development. When the student arrived at his home, the complaint said, Wells told her \"she was very attractive and that he wanted to give her a massage which would relieve 'his' stress.\" The complaint states the student tried to let Wells know that she did not want a massage, and Wells told her he would give her an in his class if she would allow him to massage her. It is unclear from the complaint and some text messages whether Wells gave the student a massage at his home. Wells again asked the student to come to his home the following Saturday and the student refused, stating the she would be working, the complaint said. The complainant expressed concern Wells might retaliate against the student by giving her a poor grade text message from the student reads \"This is (name redacted) again got to your office right at 12 and missed you by a minute. I've been having problems turning in my essay. ... I'll leave a hard copy in the student essay slot and email you my essay as soon as get internet connection. Please let me know if there is anything else can do, I'll drop it of anywhere, put it in your mailbox, anything text response from a contact with the name of William Wells reads: \"Might have to bring a copy to my place Lol.\" Johnson emailed a response to the complaint on Nov. 6, the day the complaint was received: \"(Redacted information) so sorry to hear that this has happened. Yes will need to see her first thing Monday morning so can talk with her and get all the details. Again please let your (redacted information) know that we will look into this and that she is not to worry about retaliation from her instructor.\" Wells resigned Nov. 9, Craddock said in November. The public information request was submitted to the college Nov. 11 after officials denied releasing further information about Wells' resignation. The information request asked that the school release any complaints and investigative materials generated thereafter naming Wells. Kilgore College officials gave notice Nov. 18 that the college had submitted the request to the Texas attorney general for review, arguing that the complaint should be exempt because information therein was considered to be confidential by law, either constitutional, statutory or by judicial decision. The Texas attorney general ruled Feb. 2 that the college release a redacted copy of the records, and a redacted copy of the complaint was received Tuesday. Articles Suggested For You \u2022 Former Tyler nurse, convicted serial killer claims his lawyer was soliciting sex during trial \u2022 Longview man sentenced to 100 years in prison for child sexual assault \u2022 Longview police arrest man accused of elder neglect after mother found with injuries \u2022 Third suspect indicted on capital murder charges, accused of killing, burning pregnant Kilgore woman in 2016 \u2022 City of Kilgore names Rachel Rowe as new city manager Enjoy unlimited content like this... Subscribe Now"} |
8,786 | Jason Campbell | Oregon Health & Science University | [
"8786_101.pdf",
"8786_102.pdf",
"8786_103.pdf",
"8786_104.pdf",
"8786_105.pdf",
"8786_106.pdf",
"8786_101.pdf",
"8786_102.pdf",
"8786_103.pdf",
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] | {"8786_101.pdf": "Independent health news for Oregon and Washington Denies Allegations In Sexual Assault Complaint Officials say they moved to fire Dr. Jason Campbell and told the University of Florida in a reference check that he had violated OHSU\u2019s code of conduct by 11, 2021 Oregon Health & Science University has denied accusations that it failed to address a sex assault case involving former anesthesiology resident Dr. Jason Campbell, known as the TikTok doc. to a lawyers said that Campbell was removed from clinical duties, barred from campus Log In and told not to contact the victim, a former employee. The document said launched an investigation after the plaintiff, a social worker who left to work at the nearby Veterans Affairs hospital in Southwest Portland, filed a sexual harassment report about Campbell said he was referred for dismissal but resigned instead. It said that Campbell was not on the job when the harassment took place, indicating that it has no liability for his actions. The lawsuit says that Campbell snuck up behind the plaintiff in a room in the medical center and pushed into her with his erect penis. It also says he sent her pornographic text messages, including one of his erection in scrubs. The lawsuit, filed in U.S. District Court in Portland, seeks $45 million in damages. In tandem with the filing, Connie Seeley, chief of staff, and Dr. Danny Jacobs, OHSU\u2019s president, wrote about the case on OHSU\u2019s website. Jacobs said he will hire a consultant to review the environment at while Seeley said the case was \u201cdeeply distressing and inconsistent with the culture of safety and belonging\u201d officials are trying to establish. Their posts prompted more angry responses from employees on the company\u2019s internal website. \u201cOur leaders have failed us, and am beyond angry,\u201d one employee wrote. The lawsuit accuses top physicians, including Dr. Esther Choo, a professor of emergency medicine and national spokesperson against discrimination against women, of failing to report the assault to human resources or the affirmative action office as required by policy. It also describes a culture at in which victims suffer retaliation for speaking up, allegations are buried and perpetrators are protected denied that Choo tried to dissuade the plaintiff, listed as A.B., from reporting the abuse. The complaint says Choo told A.B. that it was \u201cnever, ever worth it\u201d to file a sexual harassment report. The allegations against Choo prompted about a dozen people to resign from Times Up Healthcare, a group that Choo co-founded to fight against gender bias and harassment said Choo told A.B. to file a report and that it was the right thing to do. The filing said its affirmative action office opened an investigation into A.B.\u2019s complaint and ordered Campbell on April 22 not to have contact with the plaintiff. It says he was removed from clinical duties and excluded from campus. It says that the investigation concluded that Campbell had violated OHSU\u2019s sexual harassment policy and code of conduct. It also said denies that Campbell was working within the scope of his employment at the time of the alleged assault and harassment. When the University of Florida contacted as a reference, the institution relayed that he had violated its code of conduct. The university placed Campbell on administrative leave after the lawsuit was filed. (See related story: Survivor In Dr. Jason Campbell Suit Reacts.) OHSU\u2019s response to the complaint denies other allegations as well against employees. It said Dr. Sharon Anderson, dean of the school of medicine, had never been \u201cflippant\u201d or \u201cindifferent\u201d about sexual harassment and that Laura Stadum, the head of affirmative action, had ever said that failed to reach out to those who reported discrimination. It said that Dr. Kenneth Azarow, OHSU\u2019s current surgeon-in-chief, had never engaged or admitted to sex discrimination and that people like Choo who were named as mandatory reporters in the complaint were not mandatory reporters under Title IX. Physicians at told The Lund Report that they are told that they\u2019re all mandatory reporters but don\u2019t receive any instruction on what to report and to whom. The response also touched on reports about the institution. It denied that an article had found that female surgeons suffered gender discrimination at report published in 2018 in the Annals of Surgery by staff found that previous salary discrepancies between male and female surgeons had been corrected. But a report published in 2019 in The American Journal of Surgery said there were fewer women in leadership roles in the surgery department at and that they were paid less than their peers. It found \u201csignificant gender-based differences in autonomy, with female residents receiving significantly less autonomy during laparoscopic procedures than male counterparts.\u201d Along with the response to the complaint also filed a motion for a protective order on Wednesday. That document seeks to prevent A.B.\u2019s attorneys, Portland-based Michael Fuller and Kim Sordyl, from speaking publicly about any party in the case or potential witnesses, the \u201ccharacter, credibility or reputation of a party or potential witness,\u201d the \u201cstrengths or weaknesses of the case of any party\u201d and to talk about anything that would likely be inadmissible in court and could create \u201ca substantial risk of prejudice if disclosed.\u201d The motion accused Sordyl and Fuller of embarking on a media campaign to disparage and its employees, \u201cdescribing one employee as an \u2018enabler\u2019 (of sexual harassment), a \u2018victim shamer\u2019 and someone who \u2018protects abusers.\u2019\u201d \u201cWhile fully acknowledges counsel\u2019s right to seek the media spotlight and discuss this lawsuit publicly, statements like those referenced above go beyond the limits meant to preserve the right to a fair and impartial trial for all parties, including the defendants,\u201d the filing said. Seeley also discussed the motion in her website post. \u201cAs we intentionally and thoughtfully move toward employing trauma-informed approaches, improve practices, policies and culture, we are asking to move away from discussing specifics of the case at hand not because they are not important but because we have witnessed the inadvertent harmful nature of the narrative surrounding this case.\u201d Seeley wrote. \u201cWe know that everyone heals and processes differently, and we are asking for your help with changing the culture while uplifting the standard of community and belonging.\u201d She said wished it had responded sooner to the complaints by A. B. \u201cOur objective is to prevent future incidences of sexual harassment at OHSU,\u201d Seeley wrote. \u201cWe have received feedback that the process for reporting and expectations for reporting were suboptimal. While our investigative process was in compliance with applicable law and policy, we hear the feedback and plan to actively apply it to improve our processes with the overarching goal of prevention of sexual harassment.\u201d In his post, Jacobs said that he and the board chair will identify a consultant to investigate, analyze and review OHSU\u2019s environment. He said is committed to \u201ca transparent process to expose any and all frailties and barriers that present us from being a trauma-informed, multi-cultural and anti- racist institution, free of discrimination or harassment, which is our ultimate objective.\u201d Sordyl dismissed Jacobs\u2019 promises. \u201cWe've heard this song before,\u201d Sordyl said. \u201cWe're tired of it. We're tired of the gaslighting.\u201d She also scoffed at Seeley\u2019s post, saying it was treating readers like idiots. \u201cSeeley is the tone police officer who is accusing plaintiff's advocates of creating an unsafe environment,\u201d Sordyl said. \u201cHer statement makes matters worse for the community. People are angry, and rightly so. Seeley's instruction to \u2018Shut up unless it's nice\u2019 is insulting. OHSU's behavior isn't nice. It's abusive.Silencing victims and their advocates is the same behavior that got into this fiasco. Silencing is the behavior of a dysfunctional organization. She should be embarrassed.\u201d She added: \u201cOHSU's attempt to silence our client and her advocates similarly shows that clings to secrecy and campaigns.\u201d Seeley and Jacobs website posts also prompted employees to react on OHSU\u2019s internal website have watched, literally for decades as dismissed victims who spoke up and ruthlessly protected perpetrators. The solutions you propose are solutions that have been proposed in the past to crisis solutions that didn\u2019t change anything literally don\u2019t care at all what anyone at (the) director\u2019s level and above says anymore. The only thing care about is what DONE!\u201d Another employee asked whether any mandatory reporters named in the lawsuit had been placed on leave, fired or resigned. Another demanded justice for survivors of sex abuse at OHSU. \u201cWe need a federal probe here.\u201d And another said always pays money to outside consultants to create policies that are then ignored think there\u2019s a lot of built up frustration not only around how this was handled but how our own personal issues have been handled as well,\u201d an employee wrote. \u201cAlthough cannot make specific comments during the litigation process, the responses they\u2019ve issued are just as frustrating (and) if not more confusing.\u201d You can reach Lynne Terry at [email protected] or on Twitter @LynnePDX. Comments More like this Oregonians brace for health care changes as second Trump term nears New year brings new laws on insurance coverage, Narcan availability and more Improved Oregon revenue forecast could fund health care improvements Oregon health systems require some masking despite end of mandate Newsletter Sign up for our health news updates Get Involved Securely submit an anonymous news tip or confidential document 7, 2024 2, 2024 18, 2023 4, 2023 Support our journalism by making a tax- deductible gift. Newsletter Email address reCAPTCHA I'm not a robot Privacy - Terms The Lund Report P.O. Box 82841 Portland 97282 [email protected] 503-894-8548 About Us Our Staff Our Board Our Funding Subscribe Donate Advertise Newsletter Equity and Inclusion Statement Terms of Use \u00a9 2025", "8786_102.pdf": "Sexual Harassment in Medicine: reflections from the other side The first week of March on Twitter was rather shocking for the entire medical community with news of a 45-million-dollar sexual harassment lawsuit against Oregon Health & Science University (OHSU) and a former anesthesia resident. Dr. Jason Campbell is accused in the suit of sending overtly sexual text messages and photos and sexually assaulting a social worker at the hospital. Women in Medicine (WIM) on different social media outlets (Twitter, Facebook, Instagram, and clubhouse) were outraged and shared their sexual harassment stories. For me, it was truly disheartening and took me back to my own experiences of sexual harassment since the early days in medical school. It bought back difficult memories as was reminded of how over the years as this \u201cstuff\u201d happened had decided to hide it somewhere in my memory closet from where it couldn\u2019t escape. This news and the other stories by jolted my memory about all those painful experiences from back in the day to right in front of my eyes, whether was ready to relive them or not. Like many other expressed on social media was numb to these happenings was sad for days feel vulnerable now writing about it since never have shared any of these stories even with my family or parents just \u201cdealt\u201d with these incidences. It was part of my \u201cnormal\u201d life as a woman had stopped recognizing how in my micro-conscious brain, this \u201csmall stuff\u201d whether it was a remark about my body or an intentional touch by male colleagues or \u201cunusual\u201d and uncomfortable attention by men at work or by patients, bothered me over the years traumatizing me except never wanted to give it any attention. Menu Our lives begin to end the day we become silent about things that matter! \u2013Martin Luther King Jr. Years ago, in medical school during my final year in India, a tutor who would decide the patient subjects for the viva exam threatened to fail me in the exam if didn\u2019t \u201cgo\u201d with him to his place on campus was frightened always ranked top in university and he blatantly had asked me if didn\u2019t follow what he said would lose my ranking. Thankfully was strong then as am strong now and refused still remember those terrifying days leading up to the exams feared that he would follow me wherever went, like an ominous dark shadow that was ever-present would sit in the library where always remained visible to others rather than choosing my favorite quiet corners was given a completely normal patient during the exam but delivered a robust discussion about the normal anatomy and physiology of a women\u2019s body. It was difficult to impress the examiner with a discussion focused on what is normal rather than around pathology, so my score was not as high as it may have been if was given a more appropriate patient to discuss. Another time had a patient who had an erection and asked me to touch him as was examining his inguinal hernia was deeply affected by such incidences in medical school. This shaped my vision of coming to the United States for further training since had heard that women in medicine in the worked in better environments without such overt sexual harassment, but alas didn\u2019t know how global the problem truly was would never forget getting stalked by the campus police officer as was getting my passport to come to the had to visit the police station to get the proof of identity and then found that police officer every day for a month outside my hostel, waiting to talk to me. Despite polite ways of telling him was not interested; he would show up the following day. How was safe if the campus police officer was trying to stalk me still remember feeling terrified and thinking of being hurt every time stepped outside the medical school hostel. More recently in the United States was asked by a leader in a medical organization (not my current institute) to meet over coffee genuinely thought it was for discussion of my career path as received some \u201cmentoring\u201d from this individual. Midway during the meeting, he took something from my plate and said if it was allowed to eat from the plate of a date. My face went completely pale. How was this \u201cmeeting\u201d and discussing my career a \u201cdate\u201d that never agreed to felt intensely uncomfortable and decided to leave after making an excuse. There are \u201cWhen it\u2019s \u201che said/she said,\u201d the woman can\u2019t win. But when it\u2019s \u201che said/she said/she said/she said/she said/she said,\u201d transparency has a chance, and light can flood the places where abusive behavior thrives.\u201d \u2014 Melinda Gates numerous other examples where felt uncomfortable by colleagues, patients, or men at work that just avoided- forget about confronting or reporting them. This \u201cstuff\u201d that made me uncomfortable back then and causes sympathetic overdrive even right now, while am writing it, are examples of sexual harassment that makes me feel emotionally numb and forces me to hide it! Sexual harassment, stalking and discrimination is rampant during training for even in 2021 in the United States. The power differential through the medical training makes it hard for our trainees to report it and as a result, the culture of chauvinism, and sexual harassment continues to grow. For anyone reading this post want to make one thing clear, any conversation or contact that makes the opposite person uncomfortable can be considered sexual harassment. Even in the cases where one may think they may have consented; the power differential gives the opposite person the freedom to consent. Sexual harassment is really not about sex. It\u2019s about power and aggression and manipulation. It\u2019s an abuse of power problem. We need to make sure that our trainees are empowered to report these incidences. We also need to make sure men start discussing these topics amongst themselves and identify the troubling language and behavior in fellow men and start calling them out. Men have to be interested in our safety for the culture to change. For either gender, we should acknowledge the bravery victims exhibit when they are sharing their story and thank them for confiding in us but more importantly give them the courage to report or do it for them. Medical organizations seriously need to understand that completing sexual harassment modules online does very little to prevent sexual harassment at the workplace stepwise approach that empowers the victim to report such incidences without fearing retaliation is a must seriously cannot wait for a world of equity, equality, and accountability, where no one has the audacity to \u201caccidentally\u201d touch a woman without their permission, where women can thrive and are valued for their talent and brilliance and aren\u2019t asked for sexual favors for a deserving opportunity cannot wait for a world where no one can utter the words \u201cgrab \u2018em by their p****\u201d and where the locker room talk isn\u2019t about insulting womanhood. \u201cSexual Harassment is not about attraction or desirability. It\u2019s about exerting control over people whenever you can.\u201d \u2014 Anonymous This fight is difficult know there will be lots of disappointment and sadness like there was this month, which will be with us for a long time, but am hopeful since these conversations are increasingly happening on social media openly and with candor! \u201cThe views, opinions and positions expressed within this blog are those of the author(s) alone and do not represent those of the American Heart Association. The accuracy, completeness and validity of any statements made within this article are not guaranteed. We accept no liability for any errors, omissions or representations. The copyright of this content belongs to the author and any liability with regards to infringement of intellectual property rights remains with them. The Early Career Voice blog is not intended to provide medical advice or treatment. Only your healthcare provider can provide that. The American Heart Association recommends that you consult your healthcare provider regarding your personal health matters. If you think you are having a heart attack, stroke or another emergency, please call 911 immediately.\u201d Search \u2026 \u201cSelf-respect by definition is a confidence and pride in knowing that your behavior is both honorable and dignified. When you harass or vilify someone, you not only disrespect them, but yourself also. Street harassment, sexual violence, sexual harassment, gender-based violence and racism, are all acts committed by a person who in fact has no self- respect. Respect yourself by respecting others.\u201d \u2014 Miya Yamanouchi American Heart Association Early Career Professional Members Early Career: AHA\u2019s Future in Science and Medicine American Heart Association Early Career Professional Members American Heart Association Early Career Professional Members", "8786_103.pdf": "PORTLAND, Ore. (AP) \u2014 Oregon Health & Science University lacks clear policies on handling, documenting and investigating reported misconduct, an inquiry by former Attorney General Eric Holder\u2019s law firm has found. The law firm said the lack of clear policies by the school, one of Portland\u2019s largest employers, leads to inconsistent discipline and a lack of trust among staff and students, The Oregonian/OregonLive reported. The $6.5 million review released by the university on Thursday also said the school has failed to create an inclusive environment where people feel welcome or safe. The university hired Holder and his Washington, D.C.-based firm Covington & Burling to investigate its response to sexual misconduct and discrimination claims following a high-profile harassment lawsuit filed against the school and a former anesthesiology resident known for dancing in his scrubs on social media. Inquiry finds misconduct investigations are subpar Published 5:15 EDT, December 10, 2021 Women\u2019s March Madness George Foreman dies F-47 fighter jet Jameis Winston deal Movie rev Holder\u2019s firm in the spring received hundreds of reports from staff or students describing alleged sexual harassment, gender harassment, bullying and racial discrimination or relating to the university\u2019s failure to hold violators accountable. \u201cWe\u2019re certainly sorry and apologize that there are so many of our members that have experienced things that we don\u2019t want them to experience President Dr. Danny Jacobs told the newspaper. \u201cIt\u2019s just redoubled our attention and senior leadership\u2019s attention to continue to address those concerns and do them as quickly as possible has over 19,000 staff members and about 4,000 students. It offers medicine, nursing, dentistry, pharmacy and public health schools, and it runs two hospitals and research centers and clinics. In May, the university agreed to pay $585,000 to settle the lawsuit brought by a social worker who accused Dr. Jason Campbell of sexually assaulting her and the school of failing to take action university investigation concluded Campbell violated the institution\u2019s harassment policy and code of conduct with unwanted touching and inappropriate messages. Campbell was referred for dismissal but resigned before being fired, according to the university. John Kaempf, a former lawyer for Campbell, had written to the plaintiff\u2019s lawyers that Campbell denied liability and was deeply in debt. The law firm\u2019s 51-page report said the university must bolster its policies on mandatory reporting, revise procedures to clarify who must report alleged sexual assault or harassment and adopt \u201cstrong non-retaliation provisions 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", "8786_104.pdf": "Sexual harassment policies don\u2019t always work to plan, as this explosive case makes clear. When hospitals don\u2019t listen, who will > Features $45 Million Lawsuit Hits a Nerve for #CardiologyToo 05, 2021 by Caitlin E. Cox Not found ardiologists and other healthcare professionals may be shocked by the specifics set out in this week\u2019s news of a $45 million lawsuit against Oregon Health & Science University (OHSU) and a former anesthesia resident. But they\u2019re also not surprised. Jason Campbell, MD, who is widely known as the TikTokDoc and whose dance moves brought joy during the COVID-19 pandemic, is accused in the suit of sending explicit texts, photos, and messages as well as sexual assault. What stands out is here not the months-long, all-too-common ordeal described in the lawsuit. Rather, it\u2019s the time line showing that the woman, an employee at the Portland Medical Center, where Campbell occasionally worked, had to repeatedly push for to put the behavior to an end. Perhaps the most unsettling detail: Esther Choo, MD, a founder of Time's Up Healthcare, is named in the lawsuit as not following through when first hearing about Campbell\u2019s actions. She also reportedly texted the plaintiff: \u201cIt\u2019s never worth it. Never.\u201d In theory, policies have been put into place to stop workplace sexual harassment\u2014flirtations that don\u2019t stop, unwanted attention that progresses to invasive touch, career moves held hostage by quid pro quo, or fears that telling the truth will turn ugly. But in medicine as in other realms, policies aren\u2019t people. Mary Norine \u201cMinnow\u201d Walsh (St. Vincent Heart Center, Indianapolis, IN), past-president of the American College of Cardiology (ACC), told that the situation has hit a nerve, coming as it does in the wake of the #MeToo movement. Many cardiologists seem conflicted about how to discuss such a difficult topic, however, especially when a physician as well-respected as Choo is involved, she said. Martha Gulati, MD, editor-in- chief of the ACC\u2019s CardioSmart website, said that she\u2019s been getting a lot of direct messages and texts from women about the lawsuit common thread is disappointment resigned last night. pic.twitter.com/RuQa7fMML8 \u201cWe all respected Esther Choo had a real admiration for her,\u201d said Gulati. Time's Up Healthcare, and the #MeToo movement more generally, had given people the sense that there were stopgaps to system failure. The lawsuit undermined that hope, and several of the group\u2019s founders have resigned. From Oregon to Florida Starting in January 2020, the lawsuit asserts, Campbell began sending the woman \u201ctext messages, pornographic photos, and sexually-charged social media messages.\u201d Two months later came the alleged sexual assault: \u201cSpecifically, Dr. Campbell went into plaintiff\u2019s office area, snuck up quietly behind plaintiff and without plaintiff\u2019s express or implied consent, pushed his body and his erection forcibly onto plaintiff\u2019s backside, pushing her into the desk in front of her.\u201d The plaintiff wasn\u2019t alone. Two other women said they\u2019d had run-ins with Campbell. Nor was she new to this process few years prior she\u2019d reported sexual harassment by Oscar John Ma, MD, who at that point chaired OHSU\u2019s department of emergency medicine. Ma stepped down from his position in mid-2019 amid rumors of sexually-charged behavior. This time around, it took more than 4 months\u2014and 13 employees being aware of the reported conduct, including six in leadership roles\u2014for to issue the results of its investigation on August 17, 2020. It concluded Campbell had \u201cviolated its policies and code of conduct\u201d but, the plaintiff\u2019s lawyers say, \u201cdid not address any violations of law or civil liability.\u201d Choo, as well as OHSU\u2019s director of resident education and its emergency medicine residency program director, all women, are among the notable \u201cmandatory reporters\u201d who failed to act, the lawsuit says. Campbell remained an employee for at least several months after the university\u2019s investigation. Most recently, he was employed by the University of Florida; the school, in response to a query by TCTMD, did not mention Campbell by name but said they\u2019d \u201crecently learned of a \u2014 Arghavan Salles, MD, PhD (@arghavan_salles) March 5, 2021 Dr. \u201cDad\u201d MD, FAAP, FA\u2026 @DrRayMD \u00b7 Follow What do you feel when you learn your friend is credibly accused of sexual harassment? Anger? Yes Disgust? Yes Lied to? That too But *MOSTLY* you center the victim, you demand justice for the victim, & you them. Every. Single. Time. So that\u2019s what I\u2019ll do... 8:04 \u00b7 Mar 1, 2021 4.9K Reply Copy link Read 58 replies new hire who is the subject of allegations of misconduct from a previous institution [who] was immediately placed on administrative leave pending investigation.\u201d For Cindy Grines (Northside Hospital Cardiovascular Institute, Atlanta, GA), this lack of accountability is unacceptable. \u201cIf it wasn\u2019t for her filing that lawsuit, he would still have a job in Florida and he would still be doing the same thing potentially think it\u2019s a travesty that our legal system does not allow us to tell the next employer what has happened, and this wasn\u2019t reported to the medical board either,\u201d she stressed to TCTMD. \u201cThere was nothing put in place to prevent him from going on and doing this again to another person, and see that all the time,\u201d Grines added. \u201cThere\u2019s awful things that happen among physicians . . . and attorneys tell you that you are not allowed to say anything to anybody.\u201d The \u201csuppression of information\u201d must change, she said statement released by on March 2, 2021, said the university does not condone the behavior described in the lawsuit and is working to evolve its \"culture, policies, and practices.\u201d Based on the results of their own investigation said, \u201cDr. Campbell was referred for dismissal. He resigned in lieu of a dismissal hearing on October 23, 2020 subsequently reported our findings that Dr. Campbell violated our harassment policy and code of conduct to the University of Florida.\u201d Where to Turn Kelly Plubeau @KellyPlu \u00b7 Follow Here\u2019s another good one nominated J. Campbell when he was a known sexual assailant to the National Physician Hero Award of 2020 Awareness Magazine. This is beyond disgusting! issuu.com/awarenessties/\u2026 #ChooKnew #metoo #tiktokdoc #TimesUp #MedTwitter #sheforshe @thelundreport issuu.com Awareness Ties - Issuu 1:41 \u00b7 Mar 4, 2021 7 Reply Copy link Read 2 replies There are resources available for people stymied in their efforts to report misconduct by their hospitals or medical schools, including professional societies and peers. Walsh insists cases like this should not diminish the message: \u201cYou should report anything that happens to you in the time of your training and in the workplace.\u201d Gina Lundberg (Emory University, Atlanta, GA), who has been involved in her own institution\u2019s effort to address harassment, described it as a process. For input, they brought together a task force of physicians, administrators, staff from various departments, and others from a wide range of backgrounds. \u201cEven in that group there were a lot of different ideas about the spectrum of sexual harassment,\u201d Lundberg noted. \u201cWas it just the criminal behavior or was it also the unwanted, uncomfortable \u2018bad\u2019 behavior? And we decided to call it everything\u2014if it intimidates you, if it affects your work environment, if it\u2019s affecting you personally, then it\u2019s harassment and intimidation. We decided to define it very broadly.\u201d Her advice to women is to move quickly, so that they aren\u2019t accused of enabling the behavior. \u201cNip it in the bud,\u201d she stressed. It\u2019s also crucial that mandatory reporters understand their responsibility, Lundberg said. When she\u2019s approached by someone who wants to discuss misconduct, she\u2019s clear from the outset that she has to act on any information she hears. \u201cThe rule is if somebody reports sexual harassment to me have to take it up the chain. But then a lot of times that young woman doesn\u2019t want me to do it. She\u2019s just wanting to vent or to share or seek my advice on how to handle it better,\u201d Lundberg added. Grines said that, in a best-case scenario, cardiology residents and fellows would first talk to their program director and then, if that fails, move upwards through the levels of hospital leadership. Beyond this, there should be a compliance hotline, where people can call to report problems. \u201cTo be honest, it\u2019s very difficult sometimes because you might know the person you\u2019re reporting it to, or they might know this individual and maybe they\u2019re friendly with the individual. And that\u2019s where this compliance hotline is very helpful, because it\u2019s all anonymous,\u201d she said. Going up the chain of hierarchy in hospital leadership is just one element of reporting, Walsh agreed. \u201cIn practice, it\u2019s your department,\u201d she said. \u201cIt is not, in my opinion, adequate to simply inform a senior person. It\u2019s more effective to actually formally report it. People are afraid to do it because of retaliation . . . . In the training hierarchy, it is very true that your faculty and your program director and the chief of your division really hold the power to get you a job, ultimately, down the road. So it can be extremely difficult if you\u2019re harassed or bullied in any way, or assaulted.\u201d Women aren\u2019t the only ones affected, Walsh emphasized. \u201cIn the last several months, I\u2019ve been asking every trainee when I\u2019m interacting with them at the end of the week or whatever about racism, bullying, and harassment. And I\u2019ve said, \u2018What\u2019s your experience?\u2019 It\u2019s an interesting inventory, because I\u2019ve heard stuff that never would have heard if didn\u2019t ask the question. Nothing like sexual assault, but just clearly, well, things that [show] medical students are really treated poorly.\u201d When it comes to harassment, she said, the attitude of \u201cthis kind of stuff happens\u201d is not acceptable. At hospitals where zero tolerance is embedded in the culture, \u201cyou don\u2019t act like that,\u201d Walsh added. \u201cYou get fired. Literally, you get walked out.\u201d If taking things up the chain doesn\u2019t work, Walsh said another resource is the Accreditation Council for Graduate Medical Education (ACGME), to whom trainees can anonymously report harassment. \u201cThe is in the business of protecting residents,\u201d she said. Another route is to contact a senior person in your field who works at a different institution, to ask for insight on how to navigate the situation. Harriette Van Spall, MD\u2026 @hvanspall \u00b7 Follow We need to create within academic medicine less hierarchies & power asymmetries and zero tolerance for toxic behaviours, injustices, gender harassment, abuse, oppression. We must stand up, speak up, & do the right thing when wrong occurs. Regardless of political alliances. 11:45 \u00b7 Mar 5, 2021 211 Reply Copy link Read 6 replies For outside support, Grines suggested contacting the ACC\u2019s Women in Cardiology (WIC) section as well as the Society for Cardiovascular Angiography and Intervention\u2019s Women in Innovations (WIN) program President Athena Poppas (Rhode Island Hospital, Providence), said the organization\u2019s work on diversity and inclusion has, amid heightened awareness of sexual harassment, spurred \u201cmentoring for both men and women, [with] both online and in-person forums to meet people and find support.\u201d More formally, they\u2019ve been working on professional development like implicit bias and anti-harassment training. There\u2019s also been at a look at \u201cwhat are best practices for supportive policies and structures, because they can\u2019t just be dependent on the individual,\u201d she said. \u201cIt\u2019s not a female problem, it\u2019s a community problem,\u201d said Poppas. Story After Story Despite much hard work, however, there are countless instances where abuse is tolerated. Nasrien Ibrahim, MD, a heart failure and transplant cardiologist, told that although she has no direct connection to OHSU, the stories remind her of her own. Her first \u201crealization of sexual violence being brushed under the rug in medicine,\u201d she said, came \u201cwhen a surgery chief told me the size of his penis in the operating room when was a medical student and reported it to a woman in administration and she Meena Zareh @MeenaZareh \u00b7 Follow To the victim who reported the predator believe you stand with you applaud you. Victims who bring lawsuits against institutions & predators have been forced to do so by the inaction &/or retaliatory actions of these said institutions. It is often the last resort 1/9 9:20 \u00b7 Mar 3, 2021 427 Reply Copy link Read 10 replies told me needed to get used to this kind of stuff was told by a department chair once that some chiefs rape their staff, so my complaints regarding that chief weren't so serious have been asked on dates during cardiology fellowship interviews by faculty interviewing me have been in many uncomfortable situations as a trainee, including a faculty member touching my thigh during a fellowship interview dinner remember calling an attending once while on night float to update him on a patient and introducing myself and the attending saying recognize your sultry voice.\u2019\u201d In an email, Ibrahim emphasized that she doesn\u2019t want to take the spotlight away from the latest news. \u201cInstead want them to know we are here to listen and support and share our trauma, too,\u201d she said. As mentor and educator have vowed that if any of my mentees or trainees reported any sexual misconduct to me would go to the ends of the earth to get justice for them,\u201d said Ibrahim. The exact way to navigate that, though, isn\u2019t obvious. Human resources does \u201cwhat is best for the institution,\u201d she noted. Time's Up Healthcare\u2019s role in the story, she added, begs the question: \u201cWhen we turn to women in power and they tell us to ignore or suck it up, then who do we have?\u201d Mamas Mamas, BMBCh, DPhil (Keele University/Royal Stoke University Hospital, Stoke-on-Trent, England), agreed that this story hits close to home for cardiologists. \u201cPeople are saying, \u2018We\u2019ve done all this work; we\u2019ve highlighted that sexual harassment should not happen on our watch, there should be zero tolerance; we\u2019ve produced all these structures; and yet it\u2019s failed when applied to a popular individual,\u2019\u201d Mamas observed. Gulati, likewise, pointed out that the case shows how far an online persona can go, both in regard to Campbell\u2019s charisma and to Time's Up Healthcare\u2019s appeal. \u201cIt seems to be institutions are putting a lot of weight on likes and followers,\u201d said Gulati, adding think the academic medical community needs to do a deep reflection: what are our priorities?\u201d She recalled an session a few years back, in which a young woman told participants about being raped. \u201cShe was asking for advice. The room was silent. You could hear a pin drop,\u201d Gulati said, adding, \u201cShe had raised her hand and told us her story. Some of us knew about it had read about it in the paper. Not only was the room silent, but many of us were crying.\u201d She felt helpless, she said, knowing that outsiders could not dictate how a hospital responds to a particular instance of sexual harassment or assault. Still, women going through this should seek support from colleagues in their field, Gulati said. \u201cIt\u2019s very isolating. Working in a toxic work culture is just as bad as the harassment\u2014when what you report is not believed or minimized or not even addressed. This culture of harassment and abuse,\u201d she said, \u201ccan really paralyze an individual and ultimately either make them leave their job, which is not fair, or get fired because they won\u2019t be able to do their job [when] their mental health is affected and they\u2019re not in a safe environment. None of us should be forced to work like that.\u201d For Ibrahim, the lawsuit is a turning point. \u201cIt's time for my generation of physicians and the generations after mine to hold people accountable. We are not letting up, so get out of our way. Whether about sexual harassment, racism in medicine, police brutality, and any social injustice, we are not letting up,\u201d she said. by Caitlin E. Cox Caitlin E. Cox is News Editor of and Associate Director, Editorial Content at the Cardiovascular Research Foundation. She produces the\u2026 Read Full Bio Related News #CardiologyToo? Sexual Harassment Also Infects Hospital Corridors and the Cath Lab > Features #MedBikini vs JVS: Paper Spurs Debate Over Sexism, Social Media in Medicine > Daily News Mind Doesn\u2019t Know What the Eye Can\u2019t See: Unconscious Biases in Cardiothoracic Surgery > Conference News 2019 by Yael L. Maxwell by Caitlin E. Cox by Yael L. Maxwell Never Miss a Beat Stay up-to-date with breaking news, conference slides, and topical videos covering the spectrum of CVD. Join our newsletter Enter email address here \u00ae is produced by the Cardiovascular Research Foundation \u00ae is committed to igniting the next wave of innovation in research and education that will help doctors save and improve the quality of their patients\u2019 lives. For more information, visit News Conferences Slides Videos Podcasts Fellows Forum Team Forum COVID-19 Clinical Coronary Structural Endovascular Heart Failure Heart Rhythm Imaging & Physiology Policy & Practice", "8786_105.pdf": "Special Reports > Exclusives TikTok Doc Jason Campbell Accused of Sexual Assault Healthcare founding member also named in lawsuit by Ryan Basen, Enterprise & Investigative Writer, MedPage Today March 2, 2021 Last Updated March 4, 2021 TikTok star-doctor Jason Campbell, MD, has been placed on administrative leave by the University of Florida's teaching hospital following sexual assault charges and an investigation by his former employer, reported. Campbell and that employer, Oregon Health & Science University (OHSU), by an employee, among other charges, with a complaint filed Feb. 26 in federal court. The Oregonian have been sued for sexual assault Campbell is accused of physically assaulting the plaintiff, sending sexual texts and images to her mobile phone, and posting \"sexually-charged\" social media messages when he was a resident at OHSU. The plaintiff is not named in the complaint and is identified only as an employee of the Medical Center in Portland, where the events allegedly took place. The Oregonian reports that she was a social worker, citing an internal investigation. OHSU, a Portland teaching hospital that supplies residents to the hospital, stands accused of retaliating against the plaintiff and failing to meet Title requirements in handling reported sexual assaults. The complaint charges that it has a history of downplaying sexual assault; its \"environment is one in which sexual misconduct is permitted.\" Official charges levied against both Campbell and include sexual assault, battery, inflicting severe emotional distress, and invasion of privacy. The plaintiff has requested a trial by jury, seeking $4.5 million from Campbell and OHSU, and $40.5 million in punitive damages from Campbell. Campbell gained some social media fame by dancing in throughout the pandemic. The plaintiff allegedly revealed Campbell's behavior to Esther Choo, MD, MPH, an emergency medicine professor and a founding member of , a not-for-profit that counters sexual misconduct in the workplace. But Choo did not report Campbell's behavior as per her duty, the suit alleges. Choo could not be reached for comment via or UP. popular TikTok videos Healthcare Campbell allegedly texted the plaintiff a picture of his erect penis. He later came up behind her and thrust his erect penis against her backside. \"Don't surprise me by getting in my physical space,\" the plaintiff wrote to him. Campbell responded should've asked. I'm sorry.\" Campbell said he was trying to hug the plaintiff, according to the complaint. The plaintiff reported Campbell to her supervisors on April 9, 2020, sharing the lewd messages. Medical News from Around the Web Campbell and his supervisors were soon informed of the complaint. Campbell reported to residency director Emily Baird, MD, that he had \"fallen into a woman\" and was under investigation. Baird, despite being a mandatory reporter, \"took no action on Dr. Campbell's confession.\" Several other officials failed to fulfill their duty of reporting the alleged assaults: \"Faculty and leaders display deliberate indifference to Title and allow sexual misconduct to thrive,\" according to the complaint. On April 17, the plaintiff submitted a written report to OHSU's Title coordinator and a hospital detective conducted the investigation and released findings August 17: Campbell had \"violated its policies and code of conduct by repeatedly sending electronic messages of a sexual nature to plaintiff, including and not limited to a Female Breast Cancer Incidence, Deaths Projected to Increase How to reduce your risk of colorectal cancer Trump wants to erase DEI. Researchers worry it will upend work on health disparity picture of his erection ... and approaching plaintiff from behind in her office at the Medical Center and pressing his front side against her backside without express or implied consent,\" it found. The review did not address potential violations of law or civil liability, according to the complaint. Its investigator did not interview the other alleged victim, nor Campbell's supervisor. The suit also alleges that Campbell had sexually assaulted an student and employee previously. The plaintiff claims she was also the victim of serial sexual harassment by another employee, former emergency medicine chair Oscar \"John\" Ma, MD, from June 2017 to October 2018 declined to say whether it recommended Campbell or shared any details of its review with the University of Florida or its hospital hospital noted that, in general, it honors reference requests \"which includes a disclosure of policy violations when appropriate,\" a spokesperson told The Oregonian. The newspaper reported that signed a confidential separation agreement with Campbell, according to the attorney who filed the complaint, \"so we can only presume it was not who notified University of Florida of Dr. Campbell's violations.\" The Florida hospital placed Campbell on leave upon learning of the investigation, The Oregonian reported, citing a spokesperson's comments that it had \"recently learned\" of Campbell's alleged misconduct. Campbell was not reported to the Oregon Medical Board license belonging to a \"Jason Lionel Campbell\" working at expired July 31, . \"There according to the board Recommended For You Video Meet the Future of Medicine: Match Day 2025 at are no current or prior Board orders or agreements on file for this licensee,\" the state record shows dd not report Campbell to the state because \"no report was required under the Medical Practices Act,\" a spokesperson emailed The Oregonian declined to talk to MedPage Today, instead emailing a statement Tuesday does not condone behavior as described in the lawsuit. We are continuously working to evolve our culture, policies and practices to provide an environment where all learners, employees, patients and visitors feel safe and welcome,\" a spokesperson wrote cannot comment on pending litigation, she added: \"We take our role seriously in being part of the change that needs to happen across our country to end discrimination and power dynamics that allow for harassment.\" Neither Campbell nor Choo responded to requests from MedPage Today for comment. Ryan Basen reports for MedPage\u2019s enterprise & investigative team. He often writes about issues concerning the practice and business of medicine, nurses, cannabis and psychedelic medicine, and sports medicine. Send story tips to [email protected]. Follow 25 Comments Special Reports Match Rates Hold Steady as Applicants Reach Record High Special Reports Health Agencies Remain in the Dark About Next Round of Firings Special Reports Will Stem Cell Clinics Flourish Under Jr.? Special Reports Doc Settles Chelation Suit; Nurse Impostor Accused; Mayo Scraps Medical Debt Suits Public Health & Policy Amid Falling Diversity at Med Schools, a Warning of Crackdown's Chilling Effect Medical News From Around the Web The Trump Administration Is Embracing Infection Measles outbreak surpasses 350 cases and is expected to keep growing Spring allergies are here for 2025, and this map shows which U.S. cities could be hit hardest Denosumab Treatment Duration Predicts T-Score Achievement in Osteoporosis Disparities in Current Pulmonary Embolism Management and Outcomes Scientific Statement From the American Heart Association Relationship of carbohydrate intake proportion to cardiovascular events in Japanese people with type 2 diabetes mellitus.", "8786_106.pdf": "22, 2025 contribute now In The News director Dawson Park PacifiCorp International Day of Happiness Education Dep settles sexual assault lawsuit involving \u2018TikTok doc\u2019 By staff (OPB) April 27, 2021 2:22 p.m female employee accused the man of harassing and assaulting her and accused university officials of failing to respond appropriately. Oregon Health & Science University has settled a sexual assault lawsuit against the hospital and one of its former doctors female employee filed a federal lawsuit earlier this year against Jason Campbell, a former anesthesiology resident at also known as the \u201cTikTok Doc\u201d for posting dance videos that went viral. The lawsuit included and said multiple employees violated mandatory reporting rules by not properly filing complaints about the allegations against Campbell. The woman also said she faced retaliation for reporting sexual misconduct. Previously Executive Vice President Connie Seeley had said that school leaders believed the woman was sexually assaulted and that they moved to terminate Campbell, who ended up resigning. But denied the plaintiff\u2019s accusations that university employees did not adequately respond to sexual misconduct allegations. It also said the employees mentioned in the lawsuit were not \u201cmandatory reporters\u201d under the federal law known as Title IX. On Tuesday, the university announced a $585,000 settlement in the lawsuit. School leaders apologized to the plaintiff and recognized \u201cthe need to address systemic structures that allow inappropriate and damaging behavior to exist.\u201d The university has hired an outside law firm to investigate complaints of sexual harassment, discrimination, retaliation and racism at the school and hospital. On Point \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 On Point"} |
8,859 | David Melendez | California State University - Bakersfield | [
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] | {"8859_101.pdf": "More sexual harassment and abuse cases made public North State Public Radio | By Thomas Peele, Ashley A. Smith, Daniel J. Willis, EdSource Published May 8, 2022 at 10:00 California State University Former Chancellor Joseph I. Castro (left) and former Cal State Fresno administrator Frank Lamas (right). Avice president at California State University, Bakersfield, was fired for viewing pornography on his work computer; a dean at Monterey Bay harassed and demeaned female employees, and an administrator at Sonoma State University \u201casserted his dominance\u201d over a female co-worker and became violent when she rebuffed his advances, records of harassment cases the California State University system released Friday show. Those revelations come as CSU, the country\u2019s biggest public university system, grapples with the aftermath of the resignation of Chancellor Joseph I. Castro in February amid outcry over his failure to handle sexual harassment complaints against an administrator while Castro was president of Fresno State University between 2013 and 2020. Jazz with David Basse The system released records naming seven managers across six campuses in what was described as a first round of summaries. The summaries included allegations of sexual harassment against Frank Lamas, Fresno State\u2019s former vice president of student affairs. Castro\u2019s mishandling of his case led to Castro\u2019s resignation as chancellor. EdSource and two other news organizations agreed to receive summary information on sexual harassment and misconduct cases involving management employees across the nearly 500,000-student, 23-campus system. EdSource filed public records requests for all cases involving managers decided between 2017 and February of this year released the first round of summaries Friday afternoon, showing five previously unreported cases at four campuses. Records show: At Bakersfield, Vice President for University Advancement David Melendez was found, after an investigation, that in 2016 he viewed \u201cinappropriate websites of (a) sexual nature at work news release announcing his hiring in Bakersfield stated that Melendez had previously worked at Northridge and Chapman University in Orange County. He could not be reached late Friday. He was paid $130,333 in salary and benefits in 2017, records show. At Chico State, Milton Lang, vice president of student affairs, was found to have sexually harassed a female employee \u201cwhile attending a professional development retreat\u201d in 2019. His discipline was listed only as \u201cviolation officials did not respond to a request for additional information Friday. According to the website Transparent California, Lang was paid more than $335,000 in salary and benefits in 2019 by the university. He is the former associate vice chancellor for student affairs at Davis. Lang did not immediately respond to a message left with his staff on Friday afternoon at a Seattle company. At Monterey Bay, Timothy Angle, then dean of the college of extended education and international programs, was found to have yelled at, berated and demeaned female employees in 2016 and 2017 in ways he did not treat male employees. He retired before Donate Jazz with David Basse discipline in the matter was imposed. He was last paid nearly $220,000 in salary and benefits in 2016. He could not be reached. Also at Monterey Bay, Angeles Fuentes, the campus\u2019s financial aid director, was found to have made inappropriate comments to staff \u201cbased on race and in violation of disability and retaliation standards\u201d in 2015 and 2016. She was suspended without pay for 10 days. Fuentes did not immediately return a telephone call Friday afternoon. Salary data for her could not be found. At Sonoma State, Colin Perry, an administrator, was placed on administrative leave for making inappropriate comments in 2019 about a woman\u2019s physical appearance and expressing his desire to date her. Perry allegedly made frequent inappropriate comments about female employees\u2019 appearances and shared provocative and explicit photos, the summary stated. According to the summary of his case, Perry knocked \u201cover a recycling bin and (made) a statement about asserting his dominance\u201d to an employee he was trying to date. He also tried to get an employee to go to a strip club. It\u2019s unclear how long Perry was on administrative leave, if he continued to receive pay during the leave, or if he is still employed by the university request for additional information was not immediately answered. Perry was paid 126,000 in salary and benefits in 2019, records show, In a statement Friday spokesman Mike Uhlenkamp said the university is committed to maintaining a safe environment across the sprawling system. \u201cThe safety of students, employees and guests on the California State University campuses is always a top priority. The has committed to strengthening the Title practices and policies across all 23 campuses and the chancellor\u2019s office,\u201d Uhlenkamp told EdSource Board Chair Lillian Kimbell did not respond to a request for comment. But in March, CSU\u2019s board of trustees unanimously approved a statewide review of Title practices across the system, a review of sexual harassment complaints at Fresno State, and launched a task force to examine separation agreements with executives. The review of Title complaints and reports was expected to be completed within 90 to 120 days, or Jazz with David Basse less, and include interviews with students, faculty, staff, Title coordinators and administrators. It is not clear how many other harassment cases remain undisclosed at other campuses. It can take years for a case to move from the complaint phase to determination of facts and the meting out of discipline, the trigger for making the matter public. The information released Friday follows the resignation of Castro on Feb. 17 after revelations, first reported by Today, that while serving as president of Fresno State, he repeatedly failed to take action against Lamas. Lamas\u2019 case summary released on Friday said that it was found he told a staff member she was \u201chired because she was pretty,\u201d touched her \u201cafter repeatedly being asked not to touch her,\u201d and screamed profanity at her. According to the summary: \u201cHarassing and bullying behaviors, leading to a hostile working environment; Harassing comments based on Gender/Sex to a staff member, and have raised your voice and shouted obscenities to staff members. Some specific examples provided include telling a staff member she was hired because she was pretty, placing your hand on a staff member\u2019s lower back, knee and thigh, after repeatedly being asked not to touch her, and yelling at a staff member to \u201cf- ing get your act together\u201d and that she had \u201cruined [your] career, go fix it.\u201d Fresno State received at least 12 complaints of sexual harassment involving Lamas over a six-year period Today reported. Federal law known as Title prohibits sexual discrimination in an education program that receives federal financial assistance. In 2020, six months before Castro was named systemwide chancellor, he approved a $260,000 settlement agreement with Lamas, which included retirement benefits and a promise of a glowing letter of recommendation for Lamas to retire after an investigation of complaints made by a woman who worked for Lamas found a pattern of harassment, according to a detailed report first obtained by Inside Higher Ed. The victim left the university after Lamas repeatedly harassed her, an investigator found. His behavior included \u201cadjusting her bra strap,\u201d attempting to \u201cmeet (her) behind Jazz with David Basse closed doors and closed blinds\u201d and making comments \u201cof a sexual nature\u201d to the woman Today later reported that in 2018 Castro recommended Lamas to become chancellor of San Marcos, a job he didn\u2019t get. Castro resigned as chancellor but remains employed by the university trustees have hired an outside law firm to investigate his actions. But issues of sexual harassment and questions about how the matters were handled have arisen elsewhere in the sprawling system this year. Some of those cases are already publicly known. The Mercury News reported in February that when now-former San Jose State President Mary Papazian arrived on campus in 2016, she ignored a memo warning her \u201cthere was inappropriate handling, touching of female athletes by the director of sports medicine, who is still here!\u201d That person, Scott Shaw, is now facing federal criminal charges that he violated the civil rights of four female athletes by engaging in sexual misconduct under the guise of treating injuries. San Jose State has paid nearly $5 million in legal settlements in the matter and was sued in March by 15 athletes in a case that may become a class action. At Sonoma State University Rohnert Park, the campus\u2019s former provost was paid $600,000 earlier this year to settle a claim she filed alleging that she had been sexually harassed by Patrick McCallum, a higher education lobbyist and the husband of campus President Judy Sakaki. Although not a university employee, McCallum was an \u201cofficial university volunteer,\u201d the Los Angeles Times reported, accompanying his wife at official functions. Sakaki and McCullum have since separated. And at Cal Poly Humboldt, John Lee, a dean of college and professional studies, was fired in 2016 after an investigation found he groped two female colleagues. He was allowed to \u201cretreat\u201d to a tenured faculty position and remain employed at the maximum salary possible Today reported last month. Lee ended up \u201cin a predominantly female department, as part of the same faculty as the women he was found to have groped,\u201d the newspaper reported. Jazz with David Basse CSU\u2019s academic rules allow administrators like Lee to return to faculty jobs even after they have been found to have committed wrongdoing. Separately, a settlement agreement released by Fullerton to EdSource on Friday revealed that after complaints were made to Fullerton\u2019s Title office, campus officials agreed to separate with Mitchell Hanlon, a tenured music director. The settlement agreement was made following an arbitration hearing in 2019 and a grievance and appeal to that hearing by Hanlon. The Fullerton campus agreed with Hanlon and the California Faculty Association, which represents professors, not to discipline Hanlon or place him on administrative leave for any additional Title allegations made prior to Jan. 21, 2020. But Hanlon had to resign by Jan. 3, 2021. Hanlon was reassigned as a special assistant to the dean of the College of Arts with the intention to \u201cavoid any future complaints,\u201d through Jan. 3, 2021, according to the separation agreement. Details of the Title allegations were not released. Hanlon couldn\u2019t be reached for comment. To get more reports like this one, click here to sign up for EdSource\u2019s no-cost daily email on latest developments in education. Tags News California Thomas Peele Thomas Peele is an investigative reporter at EdSource. He is a Pulitzer Prize winning investigative reporter. See stories by Thomas Peele Ashley A. Smith Ashley A. Smith covers higher education and other student success reforms for EdSource. She joined the publication in July 2019 after covering community colleges, for-profit schools and non-traditional students for Inside Higher Ed, in Jazz with David Basse Washington D.C. Her work has appeared in the Fort Myers News-Press, the Marshfield News-Herald, The Flint Journal Today and the Detroit Free Press. Ashley grew up in Detroit and is a 2008 graduate of Michigan State University. In 2020, Ashley was selected to join the first class of journalists in the Foundation Higher Education Media Fellowship at the Institute for Citizens & Scholars, to report on career and technical education. See stories by Ashley A. Smith Daniel J. Willis Daniel is a data analyst and database designer. He previously spent 10 years at the Oakland Tribune, Contra Costa Times, and San Jose Mercury News in a variety of roles. His work has been honored by the Education Writers of America, Northern California Society of Professional Journalists, California Newspaper Publishers Association, and White House Correspondents Association among others. He is an alumnus of the University of California at Santa Cruz where he studied economics. You can find him on Twitter at @BayAreaData or reach him by email, with keys and Signal available by request. See stories by Daniel J. Willis EdSource EdSource believes that access to a quality education is an important right of all children. We further believe that an informed, involved public is necessary to strengthen California\u2019s schools for the benefit of the state\u2019s children, its civic life, and its economy. See stories by EdSource Map: See where \u2018yield\u2019 signs will soon be \u2018stop\u2019 signs in Chico More News Jazz with David Basse When will Annie\u2019s Glen reopen? Here\u2019s what police chiefs in the North State say about cooperating with immigration officials Regional cancer center will expand treatment in North State Lucia Mercado brings Chico together one event at a time Collier Hardware prepares for final days Butte County has a lot of museums. Which have you visited? Butte residents may be turning to raising their own chickens amid high egg prices Jazz with David Basse Jazz with David Basse Jazz with David Basse Jazz with David Basse Jazz with David Basse Jazz with David Basse Jazz with David Basse \u00a9 2021 About Us Jazz with David Basse Privacy Policy Contact Us: 530-898-5896 Find Jazz with David Basse", "8859_102.pdf": "From Casetext: Smarter Legal Research People v. Melendez California Court of Appeals, Third District, Lassen Jun 14, 2023 No. C097685 (Cal. Ct. App. Jun. 14, 2023) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free C097685 06-14-2023 PEOPLE, Plaintiff and Respondent, v MELENDEZ, Defendant and Appellant Super. Ct. No. 2006CR0021650, CH023948 RENNER, J. Sign In Search all cases and statutes... Opinion Case details Defendant David Melendez appeals from a postconviction order denying his petition for resentencing under former Penal Code section 1171.1 (now section 1172.75). Appointed counsel for defendant asked this court to independently review the *2 record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) to determine whether there are any arguable issues on appeal, and defendant has filed a supplemental brief raising various issues. We have considered defendant's arguments and will affirm the trial court's order. (See, e.g., People v. Delgadillo (2022) 14 Cal.5th 216, 231-232 (Delgadillo).) [1] 2 [1] Further undesignated statutory references are to the Penal Code. Effective June 30, 2022, the Legislature renumbered section 1171.1 to section 1172.75 without substantive change. (Stats. 2022, ch. 58, \u00a7 12.) Throughout this opinion we cite to section 1172.75 for ease of reference In 2007, defendant pled guilty to attempted second degree murder and admitted a prior strike conviction in exchange for the low term of five years in state prison, doubled to 10 years for the strike prior, and dismissal of the remaining charges. The court sentenced defendant to the stipulated term. In September 2022, defendant filed a section 1172.75 petition to vacate enhancements imposed under section 667.5 and Health and Safety Code section 11370.2. Based on section 1172.75, defendant argued the enhancements were no longer valid, and he requested recall and resentencing. The trial court denied defendant's petition at a hearing in November 2022, finding that defendant's sentence did not include either enhancement. Defendant appealed Defendant's appointed counsel has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of his right to file a supplemental brief within 30 days from the date the opening brief was filed. Defendant filed a supplemental brief. In Wende, our Supreme Court held that \"Courts of Appeal must conduct a review of the entire record whenever appointed counsel submits a brief on direct appeal which raises no specific issues or describes the appeal as frivolous.\" (Delgadillo, supra, 14 Cal.5th at p. 221.) The Wende procedure applies \"to the first appeal as of right and is *3 compelled by the constitutional right to counsel under the Fourteenth Amendment of the United States Constitution.\" (Ibid.) 3 In Delgadillo, our Supreme Court considered whether the Wende process applies to a trial court's order denying a petition for postconviction relief under section 1172.6 and concluded such procedures are not required. (Delgadillo, supra, 14 Cal.5th at pp. 221-222.) The Supreme Court laid out applicable procedures for such cases, saying, where a defendant has filed a supplemental brief, \"the Court of Appeal is required to evaluate the specific arguments presented in that brief and to issue a written opinion,\" but the filing of a supplemental brief alone does not compel the court to independently review the entire record to identify unraised issues, although it may exercise its discretion to do so. (Id. at p. 232.) While Delgadillo addressed the application of Wende's review procedures in the specific context of a postconviction relief order under section 1172.6 (Delgadillo, supra, 14 Cal.5th at p. 231, fn. 5 [\"[i]n this case, we are not deciding Wende's application to other postconviction contexts, which may present different considerations\"]), which is not the type of postconviction order at issue here, the same principles may nonetheless apply given that this does not appear to be a first appeal as of right. Following Delgadillo's guidance, we shall consider the arguments defendant raises in his supplemental brief. Defendant contends that the California Department of Corrections and Rehabilitation (CDCR) failed to comply with the deadlines set forth in section 1172.75 to recall and resentence inmates who have completed their base term and are currently serving a sentence for an affected enhancement. He asserts he has already served the base terms for his 2004 and 2007 attempted murder convictions, and, thus, his sentence is now legally invalid and unauthorized, which he may challenge at any time. Defendant's reliance on section 1172.75 is misplaced. *4 4 Section 1172.75, subdivision (a) states that \"[a]ny sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of [s]ection 667.5, except for any enhancement imposed for a prior conviction for a sexually violent offense . . . is legally invalid.\" The statute provides various deadlines for to identify, and for courts to recall and resentence, those inmates who have a qualifying enhancement that is no longer valid. (\u00a7 1172.75, subds. (b), (c).) 2 2 Prior to January 1, 2020, section 667.5 subdivision (b) required trial courts to impose a one-year sentence enhancement for each true finding on an allegation the defendant had served a separate prior prison term and had not remained free of custody for at least five years. (\u00a7 667.5, former subd. (b).) Effective January 1, 2020, the statute was amended to limit its prior prison term enhancement to only prior prison terms for sexually violent offenses as defined in Welfare and Institutions Code section 6600. (People v. Jennings (2019) 42 Cal.App.5th 664, 681.) The problem with defendant's argument, as the trial court properly noted, is that defendant's sentence in this case does not include a section 667.5, subdivision (b) enhancement. Defendant stipulated to the low term of five years for the attempted murder conviction, which was doubled due to his prior strike. Thus, the procedures set forth in section 1172.75 regarding invalid prior prison term enhancements simply do not apply to defendant, and the trial court did not err in denying defendant's petition on that basis. Nothing in the record shows defendant's sentence is otherwise unauthorized. *5 5 The trial court's order denying defendant's section 1172.75 petition for resentencing is affirmed. We concur: DUARTE, Acting P. J., HORST, J. [*] Judge of the Placer County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. [*] 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.", "8859_103.pdf": "More sexual harassment and abuse cases made public Records show administrators verbally abused and sexually harassed employees at six campuses 6, 2022 2 CSU's Title Reckoning Former Chancellor Joseph I. Castro (left) and former Cal State Fresno administrator Frank Lamas (right). Credit: California State University vice president at California State University, Bakersfield, was fired for viewing pornography on his work computer; a dean at Monterey Bay harassed and demeaned female employees, and an administrator at Sonoma State University \u201casserted his dominance\u201d over a female co-worker and became violent when she rebuffed his advances, records of harassment cases the California State University system released Friday show. Those revelations come as CSU, the country\u2019s biggest public university system, grapples with the aftermath of the resignation of Chancellor Joseph I. Castro in February amid outcry over his failure to handle sexual harassment complaints against an administrator while Castro was president of Fresno State University between 2013 and 2020. The system released records naming seven managers across six campuses in what was described as a first round of summaries. The summaries included allegations of sexual harassment against Frank Lamas, Fresno State\u2019s former vice president of student affairs. Castro\u2019s mishandling of his case led to Castro\u2019s resignation as chancellor. EdSource and two other news organizations agreed to receive summary information on sexual harassment and misconduct cases involving management employees across the nearly 500,000-student, 23-campus system. EdSource filed public records requests for all cases involving managers decided between 2017 and February of this year released the first round of summaries Friday afternoon, showing five previously unreported cases at four campuses. Records show: At Bakersfield, Vice President for University Advancement David Melendez was found, after an investigation, that in 2016 he viewed \u201cinappropriate websites of (a) sexual nature at work news release announcing his hiring in Bakersfield stated that Melendez had previously worked at Northridge and Chapman University in Orange County. He could not be reached late Friday. He was paid $130,333 in salary and benefits in 2017, records show. At Chico State, Milton Lang, vice president of student affairs, was found to have sexually harassed a female employee \u201cwhile attending a professional development retreat\u201d in 2019. His discipline was listed only as \u201cviolation officials did not respond to a request for additional information Friday. According to the website Transparent California, Lang was paid more than $335,000 in salary and benefits in 2019 by the university. He is the former associate vice chancellor for student affairs at Davis. Lang did not immediately respond to a message left with his staff on Friday afternoon at a Seattle company. At Monterey Bay, Timothy Angle, then dean of the college of extended education and international programs, was found to have yelled at, berated and demeaned female employees in 2016 and 2017 in ways he did not treat male employees. He retired before discipline in the matter was imposed. He was last paid nearly $220,000 in salary and benefits in 2016. He could not be reached. Also at Monterey Bay, Angeles Fuentes, the campus\u2019s financial aid director, was found to have made inappropriate comments to staff \u201cbased on race and in violation of disability and retaliation standards\u201d in 2015 and 2016. She was suspended without pay for 10 days. Fuentes did not immediately return a telephone call Friday afternoon. Salary data for her could not be found. At Sonoma State, Colin Perry, an administrator, was placed on administrative leave for making inappropriate comments in 2019 about a woman\u2019s physical appearance and expressing his desire to date her. Perry allegedly made frequent inappropriate comments about female employees\u2019 appearances and shared provocative and explicit photos, the summary stated. According to the summary of his case, Perry knocked \u201cover a recycling bin and (made) a statement about asserting his dominance\u201d to an employee he was trying to date. He also tried to get an employee to go to a strip club. It\u2019s unclear how long Perry was on administrative leave, if he continued to receive pay during the leave, or if he is still employed by the university request for additional information was not immediately answered. Perry was paid 126,000 in salary and benefits in 2019, records show, In a statement Friday spokesman Mike Uhlenkamp said the university is committed to maintaining a safe environment across the sprawling system. \u201cThe safety of students, employees and guests on the California State University campuses is always a top priority. The has committed to strengthening the Title practices and policies across all 23 campuses and the chancellor\u2019s office,\u201d Uhlenkamp told EdSource Board Chair Lillian Kimbell did not respond to a request for comment. But in March, CSU\u2019s board of trustees unanimously approved a statewide review of Title practices across the system, a review of sexual harassment complaints at Fresno State, and launched a task force to examine separation agreements with executives. The review of Title complaints and reports was expected to be completed within 90 to 120 days, or less, and include interviews with students, faculty, staff, Title coordinators and administrators. It is not clear how many other harassment cases remain undisclosed at other campuses. It can take years for a case to move from the complaint phase to determination of facts and the meting out of discipline, the trigger for making the matter public. The information released Friday follows the resignation of Castro on Feb. 17 after revelations, first reported by Today, that while serving as president of Fresno State, he repeatedly failed to take action against Lamas. Lamas\u2019 case summary released on Friday said that it was found he told a staff member she was \u201chired because she was pretty,\u201d touched her \u201cafter repeatedly being asked not to touch her,\u201d and screamed profanity at her. According to the summary: \u201cHarassing and bullying behaviors, leading to a hostile working environment; Harassing comments based on Gender/Sex to a staff member, and have raised your voice and shouted obscenities to staff members. Some specific examples provided include telling a staff member she was hired because she was pretty, placing your hand on a staff member\u2019s lower back, knee and thigh, after repeatedly being asked not to touch her, and yelling at a staff member to \u201cf- ing get your act together\u201d and that she had \u201cruined [your] career, go fix it.\u201d Fresno State received at least 12 complaints of sexual harassment involving Lamas over a six-year period Today reported. Federal law known as Title prohibits sexual discrimination in an education program that receives federal financial assistance. In 2020, six months before Castro was named systemwide chancellor, he approved a $260,000 settlement agreement with Lamas, which included retirement benefits and a promise of a glowing letter of recommendation for Lamas to retire after an investigation of complaints made by a woman who worked for Lamas found a pattern of harassment, according to a detailed report first obtained by Inside Higher Ed. The victim left the university after Lamas repeatedly harassed her, an investigator found. His behavior included \u201cadjusting her bra strap,\u201d attempting to \u201cmeet (her) behind closed doors and closed blinds\u201d and making comments \u201cof a sexual nature\u201d to the woman Today later reported that in 2018 Castro recommended Lamas to become chancellor of San Marcos, a job he didn\u2019t get. Castro resigned as chancellor but remains employed by the university trustees have hired an outside law firm to investigate his actions. But issues of sexual harassment and questions about how the matters were handled have arisen elsewhere in the sprawling system this year. Some of those cases are already publicly known. The Mercury News reported in February that when now-former San Jose State President Mary Papazian arrived on campus in 2016, she ignored a memo warning her \u201cthere was inappropriate handling, touching of female athletes by the director of sports medicine, who is still here!\u201d That person, Scott Shaw, is now facing federal criminal charges that he violated the civil rights of four female athletes by engaging in sexual misconduct under the guise of treating injuries. San Jose State has paid nearly $5 million in legal settlements in the matter and was sued in March by 15 athletes in a case that may become a class action. At Sonoma State University Rohnert Park, the campus\u2019s former provost was paid $600,000 earlier this year to settle a claim she filed alleging that she had been sexually harassed by Patrick McCallum, a higher education lobbyist and the husband of campus President Judy Sakaki. Although not a university employee, McCallum was an \u201cofficial university volunteer,\u201d the Los Angeles Times reported, accompanying his wife at official functions. Sakaki and McCullum have since separated. And at Cal Poly Humboldt, John Lee, a dean of college and professional studies, was fired in 2016 after an investigation found he groped two female colleagues. He was allowed to \u201cretreat\u201d to a tenured faculty position and remain employed at the maximum salary possible Today reported last month. Lee ended up \u201cin a predominantly female department, as part of the same faculty as the women he was found to have groped,\u201d the newspaper reported. CSU\u2019s academic rules allow administrators like Lee to return to faculty jobs even after they have been found to have committed wrongdoing. Separately, a settlement agreement released by Fullerton to EdSource on Friday revealed that after complaints were made to Fullerton\u2019s Title office, campus officials agreed to separate with Mitchell Hanlon, a tenured music director. The settlement agreement was made following an arbitration hearing in 2019 and a grievance and appeal to that hearing by Hanlon. The Fullerton campus agreed with Hanlon and the California Faculty Association, which represents professors, not to discipline Hanlon or place him on administrative leave for any additional Title allegations made prior to Jan. 21, 2020. But Hanlon had to resign by Jan. 3, 2021. Hanlon was reassigned as a special assistant to the dean of the College of Arts with the intention to \u201cavoid any future complaints,\u201d through Jan. 3, 2021, according to the separation agreement. Details of the Title allegations were not released. Hanlon couldn\u2019t be reached for comment. Get daily updates on California education news 436 14th St. Suite 310 Oakland 94612 Phone 510-433-0421 Fax 510-433-0422 [email protected] Privacy Policy 2025 RESERVED. We are committed to keeping you informed with the latest \u2014 always free, always independent. Sign up for our daily newsletter today to stay on top of education news. indicates required Subscribe Email Address * *"} |
8,702 | Richard Feiock | Florida State University | [
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] | {"8702_101.pdf": "Longtime prof resigned: \u2018There is a huge sense of disgust over the allegations 14, 2021 12:10 \ue671 \ue61b \uf39e \uf0e1 \uf0e0 \uf0c1 \uf02f \uf030 Florida State University. (Photo by Diane Rado/Florida Phoenix longtime distinguished professor at Florida State University\u2019s Askew School of Public Administration and Policy was allowed to quietly resign last year amid a sexual misconduct investigation sparked by the disclosure of a series of sexually explicit emails, photos and text messages exchanged between the professor and a foreign student \uf002 \uf030 Richard Feiock, formerly of the Askew School of Public Administration and Policy. Credit: Florida State University; Florida State University News. Dr. Richard Feiock, 62, was the subject of a voluminous report prepared by Human Resources officials, but the university was unable to reach a final determination on the allegations because his departure ended the inquiry, officials said. While emails and text messages between Feiock and the student were at the heart of the inquiry, the report describes the dismay of faculty members upset that the university didn\u2019t take stronger action sooner against the professor, who was counseled after previous allegations of sexual misconduct dating back to at least 1991, the records show think the impact on the college itself is huge,\u2019\u2019 Tim Chapin, dean of the College of Social Sciences and Public Policy, told investigators, according to the report. \u201cThere is a huge sense of disgust over the allegations.\u2019\u2019 The report of more than 200 pages comprising transcripts of interviews with more than a dozen faculty and students, was released to the Florida Phoenix by authorization of university President John Thrasher. The emails included nude photos and \u201can image of what is suspected to be Dr. Feiock\u2019s penis,\u2019\u2019 investigators said. In mid-December of 2019, those images along with text messages were anonymously sent to about 10 Askew School students, who shared the material with university officials in January 2020, according to the Human Resources Department report Professor Ralph Brower had written an \u201curgent\u201d memo about the controversial emails related to alleged sexual misconduct and sent it to university officials on Jan. 25, 2020, prompting a Human Resources investigation that led to Feiock\u2019s departure, the records show few days later Dean Chapin placed Feiock on paid leave, ordered him off the campus and instructed the professor to have no contact with students or faculty. But on Feb. 5, 2020 Chapin warned Feiock in writing that he failed to adhere to the university\u2019s earlier directive. Chapin repeated the \uf030 Florida State University President John Thrasher in November 2014. Photo by Mark Wallheiser/Getty Images.) order to stay away from students and employees as well as seminars, meetings and related activities, virtually or in person. On March 10, 2020, the day before his interview with Human Resources investigators, Feiock emailed Chapin saying he wanted to retire. Chapin accepted his resignation in an emailed response within minutes, according to the report. Text messages in the report mention that Feiock referenced having met with a lawyer, but he didn\u2019t say who, and university officials did not know which lawyer Feiock consulted with or even if he consulted one. Feiock did not return repeated phone calls or messages for comment to the Florida Phoenix. After leaving FSU, he founded Local Governance Research LLC, according to Florida Secretary of State records, and is listed as the executive director. With Feiock\u2019s departure the inquiry ended. Because he left without responding to the allegations, it was impossible for investigators to render an opinion whether university policy was violated, the report noted. Dennis Schnittker, interim vice president for communications, said personnel matters are generally dropped when an employee leaves. \u201cEmployers are unable to discipline non-employees,\u2019\u2019 Schnittker said in an emailed response to the Phoenix. Thrasher said in an interview with the Phoenix that Feiock\u2019s behavior was unacceptable. He stressed that will not tolerate any sexual harassment of students. \u201cWe started an investigation and immediately removed him from campus,\u2019\u2019 Thrasher said of Feiock. \u201cHe was never permitted to return to campus and resigned before we could conclude the investigation professor and national expert With a master\u2019s and a doctorate degree from the University of Kansas, Feiock, who came to in 1988, built a national reputation as a public policy expert, often working as a consultant and witness for state agencies, local governments, the National Science Foundation and other governmental agencies. For years, he directed FSU\u2019s doctoral program in public administration that frequently included Korean and Chinese students. Feiock was a former Fulbright Scholar who spent time at a university in South Korea in 2006, according to his personnel records. His annual salary was at least $219,182 and was supplemented by various grants he received for his research, Thrasher said. Feiock\u2019s biography says he raised more than $1 million in grants for FSU. But Feiock also had a reputation for fraternizing with students, according to the report. He frequently invited students to accompany him to Momo\u2019s Pizza, the Brass Tap and other drinking and eating establishments in Tallahassee, in the state capital, according to the investigative report. Dr. Keon-Hyung Lee, a director and professor who supervised faculty at the Askew School, told investigators that before he became a faculty member at he had witnessed Feiock drinking with students and attempting to kiss and hug one at a conference. Further details of the conference and the encounter were not included in the report. Investigators noted emails Feiock and the student exchanged between 2017 and 2019 and pornographic images on Feiock\u2019s university issued computer. In emails, Feiock declared his love for the student, according to the report. University officials also found text messages Feiock allegedly used to coach the student on her responses to investigators. Fear factor According to the report officials warned investigators to handle the inquiry \u201cwith great delicacy, because our students are extremely frightened about Professor Feiock\u2019s potential to harm their professional futures.\u2019\u2019 The foreign doctoral student at the center of the investigation attended from 2017 to 2019 and told investigators she was forced to have sex with Feiock on campus in the professor\u2019s office. Her name and the names of other students interviewed by investigators were redacted from the report released to the Florida Phoenix in compliance with Florida\u2019s public records law, which makes such records public once an investigation is complete or inactive was scared didn\u2019t know what to do,\u2019\u2019 she told investigators, according to the report haven\u2019t told anyone because it\u2019s very hard and couldn\u2019t tell them because didn\u2019t feel that had anyone to protect me.\u201d After the encounter she said she was depressed and afraid. Another doctoral student told investigators that Feiock \u201cfocuses on Asian girls because he knows that Asian girls won\u2019t be willing to talk about it to others because they think it is embarrassing.\u2019\u2019 The student was one of 10 interviewed as a part of the investigation. Students\u2019 fear also was rooted in a need for funding and academic connections for employment, according to the report. Some were afraid to talk because they feared Feiock would return to the campus. Dr. Frances Berry, a professor and eminent scholar at the Askew School, had handled some previous complaints about Feiock\u2019s conduct which had been ignored by some officials because Feiock was bringing in grant money for the school, according to what Berry said in the report. She also said in the report that it was hard for students, especially Asian women, to openly accuse him of predatory behavior. Students were scared because the university had not taken harsh sanctions against him in the past and allowed his behavior \u201cto grow even more out of control,\u2019\u2019 Berry told investigators. Faculty and students warned Dr. Berry wasn\u2019t the only faculty member to question why Feiock was allowed to remain at the university. Dean Chapin told investigators that he was concerned for the students affected by Feiock\u2019s behavior, many of whom were from China and South Korea just don\u2019t know how many people have been affected and it\u2019s horrible and disgusting,\u2019\u2019 Dean Chapin told investigators, according to the report have a 19-year-old daughter who is in college and work with these students and their parents and they put their trust in us and I\u2019m frankly disgusted by all this. It\u2019s horrible. It does not make me a proud member of the University community,\u2019\u2019 Chapin said during a Feb. 11, 2020 interview with investigators. And Dr. Lee said he did not like dealing with sexual harassment issues especially since he realized it had been going on almost 31 or 32 years, according to the report. \u201cHow can a person such as Dr. Feiock stay in this environment?\u2019\u2019 Lee asked the investigators. \u201cIn Korea this would have been addressed already and he would have been fired. Having to warn female students about Feiock\u2019s behavior is shameful as a faculty member.\u2019\u2019 The report mentions that the Office of Equal Opportunity and Compliance, which is part of the university\u2019s Human Resources department, noted that Feiock had been investigated for sexual misconduct before. In 1991 and 2005, he was counseled and the behavior was documented in an annual performance evaluation. Berry supervised Feiock in 2005 when another female student came to her with a complaint about the professor, according to the investigators\u2019 report. Berry told investigators Feiock was counseled and warned he would be fired if it happened again. Berry said she reported his past conduct to university officials again in 2018, when Feiock was under consideration for a promotion. Dean Chapin did not give him the job and Berry said she warned new Korean faculty members to help protect the women students from the professor, according to the Human Resources report. When the new allegations surfaced in January 2020, Berry looked for reports made of his conduct in 1991, 2005 and 2018 only to discover that his personnel file had been wiped clean, according to the report. Berry, who had handled some of the earlier investigations, said she learned from Dean Chapin that the reports had been cleansed. The report also said that the 1991 and 2005 complaints stemmed from Feiock allegedly promising students better grades if they \u201ccozied up to him President Thrasher told the Phoenix that the university does not know how the documentation of earlier allegations of misconduct against Feiock disappeared. Thrasher said he was unaware of the earlier allegations against Feiock until the investigation last year. He stressed that is prepared to disclose Feiock\u2019s history if asked by another institution. Last fall, Thrasher and FSU\u2019s board of trustees announced the launch of a national presidential search for Thrasher\u2019s successor. But Thrasher said he believes now has \u201cthe right things in place\u2019\u2019 to keep it from happening again. He said: \u201cIt wasn\u2019t a good thing, but it\u2019s not our culture.\u2019 Correction: Richard Feiock came to in 1988. An earlier version of the story used an incorrect date. Clarification: Feiock was a lecturer at the University of Miami in the late 1980s, but he did not earn a degree there. The reference to the University of Miami has been removed from the story Our stories may be republished online or in print under Creative Commons license 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our website and Getty images may not be republished. Please see our republishing guidelines for use of any other photos and graphics \ue61b Pulitzer Prize-winner Lucy Morgan was chief of the St. Petersburg (Tampa Bay) Times capital bureau in Tallahassee for 20 years, retiring in 2006 and serving as senior correspondent until 2013. She was inducted into the Florida Women\u2019s Hall of Fame and the Florida Newspaper Hall of Fame. The Florida Senate named its press gallery after Morgan, in honor of her two decades covering the Legislature March 15, 2025 December 2, 2024 He fought officers in front of the Capitol. Now he wants to work there as U.S. senator Assaults on higher education signal authoritarian intent The Phoenix is a nonprofit news site that\u2019s free of advertising and free to readers. We cover state government and politics with a staff of five journalists located at the Florida Press Center in downtown Tallahassee. We\u2019re part of States Newsroom, the nation\u2019s largest state-focused nonprofit news organization Policy | Ethics Policy | Privacy Policy Our stories may be republished online or in print under Creative Commons license 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our website. (See full republishing guidelines.) \uf39e \ue671 \uf179 \u00a9 Florida Phoenix, 2025 v1.75.1 FAIR. FEARLESS. FREE.", "8702_102.pdf": "Former Professor Faces Allegations Of Sexual Misconduct, Allowed To Retire Amid Investigation | By Robbie Gaffney Published March 22, 2021 at 5:26 \u2022 7:47 Raul A. Rodriguez/Fotoluminate / Adobe Stock For decades Florida State University was aware of sexual misconduct allegations against a former professor in its Askew School of Public Administration and Policy. The professor abruptly resigned during an investigation into an allegation against him last year. But This situation is not new to academia and has raised questions about why it took so long for the school to take action against Richard Feiock, a formerly highly regarded political scientist. For decades Florida State University was aware of sexual misconduct allegations against a former professor in its Askew School of Public Administration and Policy. The professor abruptly resigned during an investigation into an allegation against him last year. But this situation is not new to academia and has raised questions about why it Donate World Service took so long for the school to take action against Richard Feiock, a formerly highly regarded political scientist. \"There is no question he is and has been a sexual predator, and it's become so frequent it's just beyond the pale,\" Frances Berry says in her witness account in a roughly 200- page Title investigative report. Berry turned down an interview request for this story. The university interviewed current and former students and employees as part of its investigation into allegations that Feiock had an inappropriate sexual relationship with a student in 2019. The student, a visiting scholar, said in her witness account that her involvement with Feiock was, \"involuntary.\" The student later emailed correspondence she had with Feiock to students in FSU's public administration program. It contained explicit language from a Gmail account, seoulman08, and was signed by Rick, Feiock's first name later found sexually explicit images on Feiock's university-issued computer. Jonathan Lubin was a Ph.D. candidate in the program at the time when someone showed him the emails was shocked. It felt like the pit of my stomach was gnawing and like just grasping, and there was just this terrible pit, and wanted to dry heave when read it all because this was my final year as a candidate. So, this was literally the semester before was going to defend my dissertation,\" Lubin says. Feiock was Lubin's major professor and on his dissertation committee. According to FSU's report, professors knew Feiock would target female students and tried to warn them. Lubin questions why the school itself never took action when Feiock's behavior was widely known. \"Why was there no warning to any of this? If all of this is mean based on the report of Florida State\u2014alleged\u2014but if all of this is true, why was there no warning bells for any student that worked under him? Man, woman, person, anyone?\" Lubin says. The 2020 report was not the first time Feiock faced allegations of sexual misconduct. Two prior complaints were brought against him in 1991 and 2005. Berry was a witness in the 2005 complaint. According to her account, those files had been removed from Feiock's university personnel file. But she had a copy and gave them to Tim Chapin, the World Service dean. Mary Ellen Guy was a former professor at the Askew School from 1997 to 2008. Six years after the first complaint. \"It was very clear to me as a newcomer to the faculty in '97 that there had been great angst among the faculty who were there when that claim came forward, and it was also clear to me that no one really wanted to talk about that.\" Guy says when Feiock was up for promotion and tenure, she remembers hearing the dean at the time specifically instructing the promotion and tenure committee to disregard the prior sex harassment claim. \"And the message from that to the faculty from the administration was get over it. It didn't happen. It's not an issue. Pay no attention to it and move on,\" Guy says. Guy recalls hearing domestic students tell each other to stay away from Feiock. And then saw Feiock surround himself with Asian women. According to Frances Berry's account, it was widely known that Feiock targeted Korean and Chinese women. \"The issue is if someone is a sexual predator and is a faculty member and has grants that are funding a student's research and making it possible for them to have a visa to be at the university studying those students can't jeopardize their visa or their assistantship, so they have no power whatsoever to refuse the advances of that faculty member.\" Sexual harassment in academia is an epidemic, says Karen Kelsky, a consultant who helps people with PhDs find jobs. Four years ago, after sexual assault allegations against Hollywood producer Harvey Weinstein surfaced, Kelsky posted a google doc spreadsheet on her social media page and encouraged people to share anonymous stories of their experiences in academia. It now has more than 2,000 entries. \"Because our disciplines are so small and intimate, if you were to identify your harasser and open a case against them, they can effectively block you from getting any further funding, from being approved to continue in your program from ever being able to apply for a job. Basically, your career is finished,\" Kelsky says. Still, Kelsky notes most people don't leave the academy. Instead, they suffer quietly and can live with that trauma for years World Service \"Universities across the board in all fields have to figure out a better way to deal with sex harassment, Guy says. She says universities have to create a culture and send a message that it is not okay to prey on students sexually. \"And there needs to be some mechanism for a more forward kind of action that is allowable\u2014waiting for the victim to come forward is not effective at stopping a serial predator,\" Guy says. Feiock was scheduled to be interviewed in FSU's investigation but resigned a day before. He was allowed to retire. Because of this, the university states in its report that \"no determination as to whether a violation of the university's sex discrimination and sexual misconduct policy has been made wanted to scream wanted to punch a wall because knew what was going to happen next knew what was going to happen next because of this,\" Lubin says. \"He retired, but that doesn't mean he's going to stop.\" According to state records, Feiock founded a company called Local Governance Research after leaving FSU. The National Science Foundation lists Feiock as participating in a grant project until its estimated end date of August 31, 2021. FSU's Interim Communications Director Dennis Schnittker said in a written response to questions that when the 2020 allegations were received, Feiock was removed from campus and from overseeing students and employees. He was also not allowed to return to the campus. Schnittker says the investigation found \"instances of past conduct that were either not reported to Human Resources or did not violate university policy at the time they occurred.\" Schnittker says the earlier allegations of misconduct by Feiock were not addressed the way they would be today. Phone calls to Feiock for an interview request were not returned. Tags Local News education Florida State University World Service Robbie Gaffney Robbie Gaffney graduated from Florida State University with degrees in Digital Media Production and Creative Writing. Before working at WFSU, they recorded FSU\u2019s basketball and baseball games for Seminole Productions as well as interned for the Station in Largo, Florida. Robbie loves playing video games such as Shadow of the Colossus, Animal Crossing, and Final Fantasy Crystal Chronicles. Their other hobbies include sleeping and watching anime. See stories by Robbie Gaffney All News George Foreman, the glowering heavyweight who became a lovable champion, dies at 76 All News Voice of America staff sue Trump administration for shutting down network All News Homeland Security makes cuts to civil rights and immigration oversight offices All News What's the ideal age to reach a life milestone? Many Americans say it depends Latest Stories World Service News Comment Policy We welcome relevant comments. Off-topic comments or those using foul language may be removed. Please read our Comment Policy before commenting. Got it Share Best Newest Oldest 1 Comment \ue603 1 Login Name Join the discussion\u2026 ? Mattski Reply \u2212 \u2691 4 years ago Thank you for reporting this needs a new sexual harassment policy. In the meantime, however, this looks like a thoroughly common case of an old boy network protecting one of its own. If the outcome is so obviously unjust hiding behind outdated policies cannot be tolerated. 0 0 \uf109 \u2945 Stay Connected Dialictus sweat bee on a tiny yellow woodsorrel From No Mow March & Rewilding in North Florida | Coast to Canopy Episode 1 World Service \u00a9 2025 Public Media About Us Work at Contact Us Privacy Policy Public Files Commenting Policy World Service", "8702_103.pdf": "\u2018No place in our community\u2019 for sexual misconduct dean tells faculty following controversy Published 2:30 p.m March 23, 2021 Updated 3:03 p.m March 24, 2021 The dean of Florida State University\u2019s College of Social Sciences and Public Policy, under pressure after a recent media report that a former professor was allowed to resign last year rather than face disciplinary action in a sexual harassment case, wrote faculty and staff Tuesday saying such behavior is not tolerated at FSU. The controversy comes after a story published March 14 by the Florida Phoenix. The report detailed the resignation in March 2020 of professor Richard Feiock, who at the time was the subject of an internal investigation of sexual misconduct allegations levied against him by an Asian student. The investigation by the university\u2019s Division of Human Resources started after sexually explicit emails, text messages and photos were distributed in December 2019 to students in the Askew School of Public Administration and Policy, where Feiock was a longtime professor, the report said. Upon learning of the materials, Dean Tim Chapin placed Feiock on administrative leave and banned him from campus pending the outcome of the investigation. The university closed its investigation into Feiock when he resigned, much to the consternation of faculty within the college. Byron Dobson Tallahassee Democrat Related coverage from last year reprimands College of Medicine faculty member after sexual misconduct complaints Chapin, who first started teaching at the college in August 1999, was named interim dean in May 2016 and appointed to the permanent position a year later. Chapin, in his memo, wrote that the news report detailing how Feiock \u201cengaged in reprehensible behaviors during his time at the university\u201d has brought \u201cgreat distress and hurt to a number of students, faculty, and staff, and undermined the trust many have in the college and institution.\u201d Case brings concern about how handled complaint Chapin reiterated that as soon as the allegations surfaced in late 2019, he brought them to the university\u2019s attention, including Human Resources and an investigation was launched. He said the professor\u2019s resignation \u201cpermanently ended his employment at as well as any future engagement with faculty and staff, but most importantly with students.\u201d But according to sources within the department, the case has brought great concern about how the university handled the complaint. Also at issue is knowledge that Feiock was the subject of previous Title complaints, one dating back to the early 90s. \u201cAs Dean of the College of Social Sciences and Public Policy want to state clearly and unambiguously that sexual misconduct and sexual harassment have no place in our community,\u201d Chapin wrote. \u201cThe University has a zero-tolerance policy for these behaviors, and this value must be loudly communicated and universally known will continue to do everything within my power to ensure that any incidents of sexual misconduct and harassment are documented, reviewed, and addressed, in accordance with university policies and procedures.\u201d Chapin said beginning immediately and continuing into the next academic year, the college \u201cwill be pursuing a range of activities to reflect on and respond to what happened.\u201d He said he and Associate Vice President for Human Resources Renisha Gibbs will commence sessions with faculty and staff to hear their concerns. He also said staff within the University Counseling Services and the Employee Assistance Program also are available to provide ongoing support for any students or staff impacted by the case. The university\u2019s Title office and Human Resources will conduct sessions on preventing sexual misconduct and sexual harassment. \u201cTrue progress requires a shared commitment by faculty, staff, and students to stamp out sexual misconduct and sexual harassment in our community and within society at large,\u201d Chapin said. \u201cThis holds true for any type of harassment and discrimination. It is incumbent upon all of us to do something when these incidents occur, which may include speaking up, taking care of those that are impacted, and appropriately reporting so that action can be taken.\u201d James Wright, an assistant professor in the Askew School of Public Administration in the College of Social Sciences and Public Policy, told the Democrat that within the department, faculty want to ensure protocols are in place \u201cwhere students can anonymously report misbehavior.\u201d \u201cWe want to be able to protect our students,\u201d he said of faculty sentiment. \u201cThe question for us is how do we create an environment where students feel safe and have the ability to speak up?\u201d He also said, \u201cwe are working on a plan to create a more inclusive environment.\u201d \u201cWe failed our students and how do we make sure we don\u2019t fail again,\u201d he said university spokesman said \u201clike all institutions has continued to refine and strengthen its policies over the past three decades. \"Earlier allegations of misconduct by the faculty member weren\u2019t addressed the way matters would be promptly investigated \u2013 and remedied \u2013 today,\u201d said Dennis Schnittker, interim vice president for university communications. \u201cThe outcome of this case demonstrates that today has in place effective policies for reporting harassment, a practice of thoroughly investigating allegations, and taking prompt remedial action when warranted.\" The report involving Feiock is the second case of sexual misconduct involving prominent employees to become public in the last five months. In November 2020, the Tallahassee Democrat wrote about an investigation involving Dr. Les Beitsch, the former chair of the Department of Behavioral Sciences and Social Medicine in FSU\u2019s College of Medicine. In September 2019, the university found allegations of Beitsch\u2019s unwelcome sexual advances by three different women who worked in the college to be \"substantiated.\" Beitsch was reprimanded in October 2019 and ordered to enter sexual misconduct training. Beitsch, who had previously announced plans to retire, stepped down from his position in January. The incidents dated back to 2014. More reprimands College of Medicine faculty member after sexual misconduct complaints Contact senior writer Byron Dobson at [email protected] or on Twitter @byrondobson. Never miss a story: Subscribe to the Tallahassee Democrat using the link at the top of the page.", "8702_104.pdf": "Article 303 Journal of International Students Volume 14, Issue 3 (2024), pp. 303-322 ISSN: 2162-3104 (Print), 2166-3750 (Online) jistudents.org The Innocents Abroad: International Students, Title IX, and the Need to Address Campus Safety James W. Thomas University of Southern Mississippi Masha Krsmanovic University of Southern Mississippi Holly A. Foster University of Southern Mississippi Expectations of campus safety and security are inherent in the development of policies internal to the campus environment as well as to national regulations inclusive of Title IX, the Clery Act, and so forth. Yet, there seems to be an ongoing concern that international students may have heightened risk or are less likely to report violations of policies and regulations. This research is focused on determining to what extent awareness of policies and regulations often linked to equality on campus are a part of international student orientations and outreach. By examining the timing, manner, and extent of training, this article seeks to add to the study of ways that campuses may better engage, prepare, and serve students engaged in international education experiences. Keywords: campus safety, international students, orientations, Title Recent news stories have documented legal claims against faculty that involve alleged inappropriate relationships with international students. Three recent examples are perhaps indicative of concerns that international students need additional training and support. Florida State University is \u201cscrambling\u201d to justify their delay in addressing Dr. Richard Feiock, after he was charged with having \u201cengaged in an \u2018inappropriate sexual relationship\u2019 with a visiting female international student\u201d (Flaherty, 2021, para. 1). Though he ultimately retired, earlier reports of such behavior dated back almost twenty years and, according to the article, \u201cNumerous witnesses told investigators that Feiock was known to prey Thomas et al. 304 on international students, and women from Asia in particular\u201d (para. 7). Similarly, two Chinese students have filed a claim against the University of Illinois that alleges the institution was guilty of \u201cchronic failure\u201d to protect students \u201cfrom abuse by Gang \u2018Gary\u2019 Xu, associate professor and head of the Department of East Asian Languages and Cultures and a serial abuser and violent rapist, even after being put on repeated notice of his abuse and mistreatment of students\u201d (Little & Wegg, 2021, p. 2). In both cases, the concerns are noted as they demonstrate ongoing behavior with Feiock having had previous charges against him in 1991 and 2005 (Flaherty, 2021). The allegations against the University of Illinois maintain that the university was aware of, but ignored, the behavior as international students were essential to their finances and they did not wish to lose funding final example is that of the reinstatement of Alex Shchegol as President of College College, a for-profit college system with campuses in Florida and New York, is owned by Shchegol, who was accused of \u201ccoercing students who relied on him for visas or employment into sex,\u201d with one example being in 2006 when an student, Irina Akhmetzyanova, \u201cfiled a lawsuit in Brooklyn Federal Court alleging that Shchegol personally offered to help her obtain a visa, then sabotaged the application process, offering to fix it only if she had sex with him\u201d (Goldberg & Elsen-Rooney, 2021, para. 33). While obviously not a complete overview of the issues, these reports serve as an indicator of the issues that international students may be presented with in their experiences in American institutions. Though these stories are getting headline attention, concerns about international students being at increased risk of sexual assault, sexual harassment, or other power-based crimes have been studied previously. Research of international students who studied in Australia and the United States found that there was a strong perception of sexual harassment and assault being common for international students (Forbes-Mewett & McCulloch, 2016). Concerns about repercussions of reporting such acts are also prevalent as one report noted that \u201cmany factors may contribute to international students\u2019 reluctance to report abuse they experience, including language barriers and a fear of being sent back to their home countries\u201d (Cobler, 2014, para. 4 study has also indicated that there is an awareness among \u201cnon-international, domestic students\u201d that there is an increased vulnerability among international students as they face \u201cbarriers to reporting [sexual violence and sexual harassment] and seeking help because of differing cultural norms and expectations around sexual consent and assault\u201d (Bloom et. al., 2022, p.12). Such studies demonstrate a need to consider how international students may better engage with and be served by Title offices and processes Title and Underrepresented Populations In considering the role of Title and student populations, there are some indications that the policy has not benefited all populations of students equally. Even in considering the access to elements such as athletics, a study demonstrated Journal of International Students 14(3) 305 that the Brown v. Board of Education of Topeka, Kansas had a more direct benefit of access for African American women to participate in athletics than the passage of Title showed for that population (Dees, 2007). This historical consideration is made all the more concerning given that there are indications that minoritized populations of students, including African Americans, are more likely to face sanctions and penalties than their peers. For instance, Trachtenberg (2017) expressed concerns that policies like Title might have disparate impact on students and used a comparison to the University of Virginia\u2019s honor code that saw between 29.7% to 35% of accusations were against African American students, yet they only made up 12% of the student population at the institution. Trachtenberg demonstrates that, because Title work has been largely an internal process to educational institutions individually, the presence of such a bias being echoed in Title is unable to be fully studied. Similarly, studies and analyses have found that it has not been of equal benefit or applied evenly to other populations, such as the LGBTQIA+ community (Culhane, 2013; Nightingale, 2021; Redcay et al., 2021), nor has it seen equal impact across urban, rural, and differing socioeconomic statuses (Ferguson, 2013). Concerns also surface about elements of feelings of institutional indifference or betrayal as, \u201c[t]he Title process itself enacts institutional betrayal toward students by becoming a process wherein they expect to be harmed or otherwise not helped, and also becomes a mechanism in which the institution betrays its students through its failure to prevent victimization, respond adequately when victimization occurs, and normalization of and abusive contexts\u201d (Webermann, 2021, p. 99). As Title seems to impact various groups, locations, and socioeconomic statuses in varied manners, the concern this may have for international students becomes heightened. Many studies have documented concern about institutional policies not sufficiently addressing or acknowledging the overlapping or multiple identities that international students possess (e.g. Buckner et al., 2021; Tavares, 2021; Meng et al., 2018; Adewale et al., 2018). If historically minoritized populations experience a noted challenge with the application of Title IX, students who possess overlapping or multiple identities could experience multiple concerns of Title application and assessment. Faculty and students from American campuses engaging in education abroad carry Title expectations to an extent. Indeed, some have argued that the off- campus protections are as strong as those on campus: \u201cThe scope of Title legislation extends to any educational opportunities whether those occur on campus or off campus. This would also include any study abroad programs, foreign campuses, or international internships\u201d (Odio et al., 2019, p. 118). Given that these protections are seen to follow American students abroad, it is within reason to think that all students enrolled in American higher education would likewise receive protection. While that is the intent, Odio et al. reported that, even in relation to internships, there is some uncertainty of expectations: \u201cIt may not be as obvious to the student or responsible faculty member that off-campus settings are covered by Title just as an on-campus setting would be if the school sanctions the activity or it has an impact on the student\u2019s learning environment. Anyone who is involved in an off-campus internship or school related activity, Thomas et al. 306 whether they are a student, parent, administrator, [or] organizer, should be required to read and comply by the school\u2019s Title policy while participating in that activity\u201d (Odio et al., 2019, p. 118). If such expectations exist that faculty and American students participating in the activity should be required to read and comply, an essential step is ensuring that the material is presented in a responsive way to allow for effective understanding to allow compliance. International Students According to the Institute of International Education [IIE] (2021), 914,095 international students decided to pursue higher education in the United States in the academic year 2020-2021. Even though this enrollment number disrupted the five-year long trend of international enrollments exceeding one million, it still represents an imposing trend which continues to allow the United States to enjoy the position of the leading global provider of higher education. The literature exploring international students\u2019 experiences on campuses has proliferated over the past 20 years producing rich and multifold findings. However, the recent synthesis of the last two decades of research in this domain identified the areas of inquiry that have been overly-researched, as well as those that have not received adequate scholarly investigation (Krsmanovic, 2021). In that regard, it was established that most studies over the past two decades examined students\u2019 social and cultural experience, mainly acculturation, acculturative stress, and social relationships, followed by students\u2019 academic experiences, such as academic performance, success, and retention. Interestingly, no studies were identified in the areas of international students\u2019 understanding of legal policies and procedures in their new settings or the safety elements in place (including no studies grounded in the intersection of international students\u2019 experiences and Title IX). Of interest to this research are the studies that investigated the effects of international students\u2019 campus experiences on their psychological well-being and mental health, as well as correlates of students\u2019 psychological stress. In that regard, evidence exists that intercultural programs and cultural communication on college campuses are positively associated with international students\u2019 person- culture fit, their identification with the host culture, and their psychological well- being (Zhu et al., 2016). Other studies documented that international students\u2019 sense of belonging on campus is associated with low suicide intentions among this student group. Specifically, international students with high levels of campus belongingness report low rates of suicide intentions, as compared to their domestic peers. Domestic students\u2019 suicide intentions, on the other hand, are more associated with family belongingness, a factor that was not found to be as significant for international students (Servaty-Seib et al., 2015). Similarly, a number of studies have postulated a positive relationship between university support provided to international students and their psychological well-being. On that account, Cho and Yu (2015) found positive effects of institutional support on international students\u2019 school-life satisfaction and reduction of their psychological stress, thus highlighting the need for campus programming that would be specifically tailored to this student group. Further, among the social support provided by the members of host communities, Journal of International Students 14(3) 307 international students were most often supported by people from other countries living in their local communities and less often from US-born community members (Bhochhibhoya et al., 2017). Taken together, the presented studies continue to remind campus communities of the urgency to identify unique needs of international students and provide culturally relevant programming to best support this student group. International students often face subtle discrimination and harassment on college campuses. Often due to language barriers and cultural differences, they may be less likely to fully understand campus policies. Oftentimes, the primary goal of international students is to stay in the United States, and some might avoid reporting Title violations for fear of being deported (Hollis & Davis, 2016). In their study on international students\u2019 understanding of Title IX, Hollis and Davis (2016) found that international students did not understand Title including its role in protecting them against sexual violence. International students in this study were largely unaware of any policies regarding sexual violence on campus, and not only lacked understanding of Title IX, but could not identify their Title coordinators, did not know how to report a sexual assault, and were unaware of their rights under Title (Hollis & Davis, 2016). Despite such studies, there is still some concern that analysis of international students and sexual assault and harassment is not fully possible. Brubacker et al. (2017) found that among large surveys that consider sexual crimes including the National Crime Victimization Survey (NCVS), National Intimate Partner and Sexual Violence Survey (NISVS), the Campus Sexual Assault Study (CSA), the Association of American Universities (AAU) Campus Climate Survey Community Attitudes on Sexual Assault (CASA), and the Online College Social Life Survey (OCSLS), there were only two surveys and AAU, that included details related to nationality or citizenship. Despite the limitation, the article still notes that \u201cInternational students may be more likely to be sexually assaulted than their native student counterparts given their unfamiliarity with the community and culture of the receiving country\u201d (p. 8). Bonistall & Postel (2020) noted that there was a \u201ccritical gap in the literature,\u201d but demonstrated that international students existed at intersectionalities which increase their risks such as \u201cvictim blaming\u201d which may delay or prevent reporting as, for example, \u201cChinese cultural expectations that women must protect their virginity, and if a woman is raped, she bears the responsibility for failing to prevent it\u201d (p. 76). Given these factors, how can institutions of higher education best respond to these situations? Many point to opportunities to address the expectations and policies of reporting crimes and developing a knowledge of Title and related systems as something that should occur during the international student orientation process. However, some studies have shown that students may not be aware of services and safety elements (Murphy et al., 2002). Indeed, a 1988 study of the content of orientation programs for international students that surveyed 169 institutions, academic and administrative requirements ranked first, followed by a community welcome, an overview of campus services, and adjustment programs, none of which covered safety or reporting structures. The elements of safety and protocols Thomas et al. 308 were included in a \u201cMiscellaneous category\u201d that \u201cincluded \u2018prearrival information,\u2019 \u2018improve financial management and decision-making skills,\u2019 \u2018create an awareness of future orientation programs on culture shock, etc.,\u2019 \u2018education on safety,\u2019 \u2018increase the awareness of health and safety issues,\u2019 \u2018make friends in the U.S.,\u2019 \u2018academic skills,\u2019 and \u2018introduce U.S. students to other cultures\u2019\u201d (Steglitz, 1988, p. 6 more recent study of Asian graduate students noted that they \u201creceived a 3-hr orientation that had been used by for several years, which focused mostly on students\u2019 immediate concerns, such as how to keep legal status in the United States, personal safety issues, how to connect a home phone, and so forth\u201d (Fan & Wanous, 2008, p. 1394). Often such personal safety training focuses on how to protect or avoid dangerous events, but does not provide students with a complete view of how to document, report, or address the issues in response to Title IX, Clery Act, and other campus reporting expectations. Further, it may not address how such reporting actions might impact their status, allowing concerns to ferment. There are further concerns regarding how cultural and social understandings vary for international students in relation to Title and sexual assault. For instance, a recent study denoted that international student perception generally was that their host institution provided support regarding the maintenance of their \u201cvisa and legal status [but] not the area of diversity, equity, and inclusion\u201d (Tan & Koo, 2023, p. 13). This separation of the institution\u2019s commitment to Title and the student perception of the duty owed by the institution may prove problematic if not addressed. As another study noted, culturally diverse male students struggled between concerns of wrongful blaming and recognizing male victimization as they encountered their experience from their home country compared to their student experience abroad (Malinen et al., 2023). Cultural understandings and related student perceptions may further complicate international students engagement with Title IX. Research Questions The central research question guiding this study was: How do higher education institutions format their international student orientation, training, or other programs with respect to educating students on preventive safety measures including but not limited to Title IX? To answer this question, we developed the following sub-questions: 1. What are institutional perspectives regarding the need for their Title officers to receive cultural training or specialized training for serving international students? 2. How prevalent is the practice of offering specialized Title and safety training to international students and how are such offerings structured? 3. What are institutional perspectives on international students\u2019 knowledge, practices, or behaviors with respect to Title and other safety measures on campus? Journal of International Students 14(3) 309 This study was designed as a non-experimental quantitative study as its objective was to investigate an educational phenomenon as it exists (Gall et al., 2006). Specifically, we utilized cross-sectional, descriptive survey research as our goal was to explore research questions at one point in time using a national sample of higher education institutions in the United States. We selected survey research as it is particularly suitable for gathering participants\u2019 knowledge, opinions, and practices that can be used to shape future educational policies and initiatives (Gall et al., 2006). Sample and Data Collection Participation in this study was open to all higher education institutions in the United States awarding bachelor degrees or higher. Utilizing the Open Doors report of the Institute of International Education (IIE, 2021), we first obtained the list of 190 institutions enrolling the highest number of international students in the United States in the academic year 2020. To this list, we added 750 public and 1,200 private colleges and universities obtained from the National Center for the Educational Statistics\u2019 website. The final list included 2,140 institutions awarding bachelor degrees or higher. We utilized the website of each institution to obtain email addresses of Title coordinators and deputy coordinators to whom we sent an invitation to participate in the research. Additionally, we obtained approval from the Association of Title Coordinators (ATIXA) to share the research invitation with their members via their listserv is an independent, not- for-profit corporation with active members from colleges, universities, schools, and organizations. The association connects Title coordinators, investigators, and administrators across the nation (ATIXA, 2022). We sent the first email invitation in late February, 2022 and one reminder in early March, 2022. We closed the survey at the end of March at which point we received responses from 113 institutions. Instrument Using our research questions as a guide, we developed an online Qualtrics questionnaire to collect the data. The questionnaire consisted of four major sections of which first was designed to solicit background information about participating institutions, such as student population, institutional type, and institutional size. The second section inquired about the current format and structure of Title training offered at the institution, as well as respondents\u2019 perspective regarding the need for Title offices to receive cultural training or specialized training focused on serving international students. The third group of questions was designed for respondents who reported offering specialized Title training or outreach to international students. They had an opportunity to share what guided their decision to offer this type of training or outreach, its current format and structure, and student feedback about it. Alternatively, participants who reported not offering specialized Title training or outreach to international students had an opportunity to share reasons behind their decision, as well as their Thomas et al. 310 perceptions on the need of offering this type of training or outreach in the future. The last section of the questionnaire asked participants to rate international students\u2019 knowledge, practices, or behaviors with respect to the following items: understanding of their protections under Title IX, reporting practices, knowledge of support and law enforcement services, and safety elements in place. The questionnaire concluded with asking participants to share any future plans or objectives with the aim of increasing outreach and support to international students, as well as any other comments they may have. Results Data analysis for all multiple choice and scale questions was performed using Statistical Package for the Social Sciences 21) software and all text responses to open-ended questions were analyzed using NVivo software and thematic data analysis. Upon the conclusion of data collection, we first produced descriptive statistics for the classification and size of institutions that participated in the study. Table 1: Institutional Profiles (n = 113) Type of Institution n % Institutional Classification Doctoral granting R1 institution 20 16.26 Doctoral granting R2 institution 16 13.01 Master\u2019s college and university (inclusive of M1 through M3 status) 45 36.59 Baccalaureate college 32 26.02 Baccalaureate/Associate college (more than 50% of degrees awarded at the associate level) 3 2.44 Associate\u2019s college, technical college, or career college 7 5.69 Institutional Size More than 15,000 students 24 19.51 Between 5,000 and 15,000 students 34 27.64 Less than 5,000 students 65 52.85 Title Training Regarding the institutional offerings of Title training programs, most respondents (n=114, 92.68%) reported offering Title training to their students. Six institutions (4.88%) did not report such practice, and three institutions (2.44%) responded as not being sure if such training was being offered at their college or university. Journal of International Students 14(3) 311 Next, all institutions were asked to respond to an open-ended question and share how their Title training is structured and offered. In that regard, the majority of open-ended responses (n=55) revealed institutions offering both online and in-person training options for their campus community. In-person training most commonly took place during their orientation week or in first-year experience courses, while online programming was structured as either video training via Learning Management Systems (LMS) or via third-party training products. The next group of respondents (n=31) shared offering only online training, most commonly implemented via third party products. Other examples included modules, videos, and quizzes, as well as email communication and/or email resource distribution. Eight institutions reported offering in-person training only, while 13 had ongoing trainings in addition to their regular mandatory programs. These trainings were either implemented throughout the year as optional programs or offered on demand. Lastly, 24 institutions shared the practice of having either optional or required Title training for special student populations which included student athletes, housing residents, fraternities and sororities, international students students, certain scholarship recipients, performers, student employees, student organization leaders, and medical students. Results for Research Question One Our first research question asked, \u201cWhat are institutional perspectives regarding the need for their Title officers to receive cultural training or specialized training for serving international students?\u201d As illustrated in Table 2, the majority of responding institutions reported a need for Title officers to receive cultural training. However, only one-third shared that their Title officers receive such training or any other programming focused on serving international students. Table 2: Title Officer Training (n=113) Statement n % Is there a need for Title officers to receive cultural training and/or training focused on serving international students? Yes 98 86.73 No 5 4.42 Not sure 10 8.85 Does your Title officer receive any type of cultural training, or any training focused on serving international students? Yes 38 33.63 No 65 57.52 Not sure 10 8.85 Thomas et al. 312 Next, participants had the opportunity to share their thoughts about the need for Title officers to receive cultural training and/or training focused on serving international students. In doing so, most of them attributed this need to either the barriers to Title officers\u2019 understanding of this student group or the barriers to international students\u2019 understanding of Title policies. Overall, respondents collectively agreed that cultural training is essential for Title officers who need to be culturally responsive in handling students\u2019 issues. Similarly, they expressed the need for Title officers to connect with international programs on their campuses so they could better understand the international student population they serve, as well how students\u2019 cultural norms may influence their understanding of Title policies and protections. Further discussed was the need for understanding cultural variations of acceptable or unacceptable behaviors and cultural differences in relation to the topics of sex, interpersonal relationships, gender, patriarchy, sexual assault, and parent/family issues. Several participants specifically mentioned that having this type of training would greatly aid Title officers in \u201creceiving reports and conducting investigations.\u201d Some opinions shared were that many Title officers \u201care not prepared to properly address and serve international students,\u201d while others disclosed that Title officers \u201chold a lot of power and make life-changing decisions so they must be aware of hidden bias and the importance of avoiding stereotypes in their decisions and interactions.\u201d With respect to international students\u2019 barriers, many respondents disclosed that \u201cinternational students are unaware of Title requirements\u201d and that \u201cTitle is completely new to them,\u201d so cultural training would help Title officers better tailor the training to address these knowledge gaps. Some reflected on the fact that \u201cinternational students are more vulnerable to Title IX-related incidents due to factors such as isolation and different cultural norms regarding sex or language barriers,\u201d while others noted that they see very little, if any, Title policy violations among this student population. Great focus in participants\u2019 responses was also devoted to language barriers and assessing students\u2019 understanding of the language used in institutional policies and procedures, as well as the terminology used in Title training programs. The next group of responses included international students\u2019 limited comprehension of Title laws and legal ramifications, including those related to students\u2019 visa status. Helping international students understand legally acceptable behavior in dating and interpersonal relationships was identified as another area of concern, as well as the students\u2019 cultural understanding of what constitutes assault, consent, and physical boundaries. Institutions that reported offering specialized training to their Title officers were asked to share their experiences with this type of programming. Regarding the topics covered, responses included \u201canti-bias and anti-assumption training,\u201d training specific to the countries represented on campus, cultural competency and norms, inclusive practices, cultural barriers to reporting and participating in investigations, and implications for students\u2019 visa status. With respect to the office or person tasked with facilitating this training, most administrators utilized their personal background, experience, and competencies in these areas to design and Journal of International Students 14(3) 313 offer these programs. The next group of responses included utilizing the programs available through professional organizations, such as ATIXA, NASPA, and NACUA, while many participants relied on collaborations with international student offices on their campuses. Results for Research Question Two Our second research question asked, \u201cHow prevalent is the practice of offering specialized Title and safety training to international students and how are such offerings structured?\u201d Table 3 illustrates participants\u2019 perspectives regarding the need and practices for offering this type of training. Table 3: International Student Training (n=114) Statement n % Is there a need for international students at your institution to receive additional Title training? Yes 29 40.28 No 14 19.44 Not sure 29 40.28 Does your office provide any type of specialized Title training or outreach to international students? Yes 39 34.21 No 72 63.16 Not sure 3 2.63 Institutions that reported offering specialized Title training or outreach for international students were asked to provide open-ended responses about their experience with this initiative. Regarding their decision to implement this type of programming, most institutions disclosed having large enrollment of international students and, consequently, a need to orient them to culturally sensitive aspects of Title IX, sexual assault, harassment, dating, relationships, and understanding boundaries. Several participants specifically reflected on their international students \u201cbeing subjected to behaviors that violated Title policies\u201d while not being aware of the rights, protections, and support resources in place. Some institutions offered this training to international students due to their large representation among student athletes, while other responses included the training being required from international student offices, individual departments, or state laws. Regarding the structure and format of the specialized training, the most common practices were either facilitating the training during the international student orientation or utilizing the staff from international student offices to deliver it. Other formats included training offered by students\u2019 respective departments, a training embedded in a first-year seminar course for international students, required online modules, and follow-up outreach to this student group Thomas et al. 314 by Title office staff. Two institutions reported having informational materials and training in other languages. Among the 39 institutions offering specialized Title training for international students, 17 reported not soliciting students\u2019 feedback upon completing the training, while 12 did. The remaining 10 were not sure if such feedback was being collected. The institutions that solicited student feedback shared that their students appreciated this effort and found the presented information useful both in terms of understanding the laws and policies of their host country and in terms of having the opportunity to reflect on their own cultural norms in their new setting. The feedback also reflected some international students being surprised with Title IX-related topics being discussed so openly and some disclosing their prior experiences with attempting to report inappropriate behaviors but not being taken seriously. Institutions that reported not offering specialized Title training or outreach to international students were asked to share the reasons behind this decision to which most responded that it was not an intentional decision, but more of an unintentional practice or institutional custom. As one response illustrated, \u201cIt is an oversight, rather than an intentional decision.\u201d The major group of responses included lack of resources or staff capacity to engage in these efforts. This perspective was particularly prevalent among understaffed or one-person Title offices. As captured in some of the responses do not have the time, funding, or resources to provide culturally specific training barely have the resources and time to do general training\u201d or \u201cLack of resources to do anything above the bare minimum right now, unfortunately.\u201d The next group of answers justified this decision by low international student enrollments or by a small number of policy violations among this student group. Several respondents disclosed being new to their positions and continuing standing practices which did not include specialized outreach to international students significant number of respondents also commented on acknowledging the need for this type of training and their plans to explore such opportunities in the future or to deliver it if requested by their campus partners. On the other hand, some administrators were firm in their perspective that all students should receive the same training because it sends \u201cclear, consistent message to all students.\u201d Despite the recurring finding of low Title violations committed by international students, some perspectives focused only on international students as potential perpetrators of Title violations, but not as a population vulnerable to these crimes: \u201cSexual harassment and sexual abuse is just that regardless of where the individual is from. Just because they are from a different country or culture does not give them permission to sexually harass or abuse individuals.\u201d Results for Research Question Three Our third research question asked, \u201cWhat are institutional perspectives on international students\u2019 knowledge, practices, or behaviors with respect to Title and other safety measures on campus?\u201d To answer this question, the institutions that reported offering specialized Title and safety training to international students were asked to rate the effectiveness of these efforts on international Journal of International Students 14(3) 315 students\u2019 knowledge, practices, or behaviors in several areas (Group 1, n=37). Alternatively, institutions that reported not offering specialized Title or safety training were asked to rate international students\u2019 knowledge, practices, or behaviors in the same areas (Group 2, n=60). To test for the differences between the responses of the two groups, we conducted independent samples t-tests. As illustrated in Table 4, the analysis revealed statistically significant differences between the two groups for all areas except one (measured at .05 value). Effect sizes for the areas of significant differences ranged from moderate to large (Cohen, 1998). On average, the institutions that offered specialized Title or safety training to international students rated students\u2019 knowledge, practices, or behaviors significantly higher for almost all areas. Table 4: Between Group Differences (n1=37, n2=60) Area Group t p d International students\u2019 understanding of their protections under Title 1 3.22 .89 .448 .016 .532 2 2.78 .76 International students' awareness of Title cases 1 2.97 .78 .033 .009 .572 2 2.47 .95 International students' reporting of Title cases 1 3.17 .91 .308 .003 .650 2 2.58 .90 International students' knowledge of support services and safety elements in place 1 3.67 .83 .176 .001 .746 2 3.05 .83 International students' knowledge of law enforcement services available to campus 1 3.36 .90 .491 .007 .585 2 2.83 .91 International students\u2019 awareness of processes to find relevant data from reports such as those required by the Clery Act and relevant reporting structures 1 2.53 1.03 .503 .586 .121 2 2.41 .96 The last question in the survey asked participants to share their future plans for international student outreach and any other thoughts they may have about the Thomas et al. 316 issues examined in this research. In that regard, some participants expressed the hope that return to in-person operations will allow for more outreach and face-to- face programming for this student group, while those already offering such programs shared their intentions to continue doing so and potentially provide more robust events. Some shared their plans for designing follow-up surveys to test for students\u2019 comprehension, while others revealed the intention to partner with international student offices to develop culturally appropriate sexual misconduct and prevention training. Other suggestions included having professional organizations, such as add this training to their toolbox substantial number of participants disclosed that taking part in this research raised their awareness and piqued their interest in learning more about how they can better support their international students, expressed their appreciation for these topics being investigated, and said they would welcome considering recommendations from this research in their future work. Others shared being in the process of developing marketing materials aimed specifically at addressing visa and immigration related concerns for victims of sexual violence, as well as getting existing policies and resources translated in the common languages spoken by their international students Through an analysis of the data, our research presents several main findings. First, most institutions see a need for cultural training, but few offer such training. Second, several respondents indicated that having specific training for international students would greatly aid Title officers in working with those students. Third, most institutions do not provide specialized Title training or outreach to international students, yet those who were asked about specialized Title training responded positively. Fourth, institutions that offer specialized training to international students rate students\u2019 knowledge, practices, and behaviors related to Title significantly higher than those institutions that do not offer such training. Research (Fan & Wanous, 2008; Steglitz, 1988) notes that most international student orientation programs focus on general safety and student concerns, without discussion of Title IX. This is reflected in our study, which found that few institutions provide Title training specifically geared for international students and their potentially unique needs. One potential issue for programming for international students is that while many Title officers reported a need for specialized training for international students, they noted that Title officers may not fully understand this population or their specific needs related to Title IX. This is especially evident as some respondents completely disregarded international students as a vulnerable population and only focused on them as potential perpetrators of Title violations. In such cases, additional training for Title officers could be beneficial to their relationships with international students. One of the main implications for practice emerges from the finding that not offering specialized Title training to either Title coordinators or international students was reported as unintentional oversight, rather than an Journal of International Students 14(3) 317 intentional decision. Thus, the main significance of this study is that it raises critical questions that have been overseen in higher education practice. As numerous participants in this study noted, completing our questionnaire prompted them to reflect on improving their practice in this domain and raising new conversations within their institutions. Thus, the starting point in improving educational practice should be to expand the conversations in this direction among higher education institutions potential approach to doing so could be by conducting need assessments among Title officers or international students. Next, reflecting on our study sample, it can be noted that most responsive institutions in this matter were small institutions enrolling less than 5,000 students. We received the least responses from large institutions (over 15,000 students) which are more likely to host higher numbers of international students. Therefore, our research highlighted the need for engaging large institutions in these critical conversations and making them more accountable and transparent with respect to their international students\u2019 Title understanding and protections. Further, our research identified that a critical barrier to offering more programming of this type is the fact that Title offices are often under-staffed or operated by just one person. Thus, a recommendation emerges that Title training for international students should not be a sole responsibility of Title offices but a shared initiative with other campus units, mainly international student services but possibly other student affairs offices as well particularly disheartening finding of this research was reflected in some of the responses where participants perceived international students through the lenses of potential Title perpetrators, instead of potential victims. As a result, institutions of higher education enrolling international students should not only conduct bias training among their Title staff but ensure that they also receive appropriate cultural training as it pertains to the issues examined in this study. The results of this study should be considered in light of several limitations. Notably, our study surveyed Title officers specifically. While some institutions have dedicated Title departments, some Title officers are filling multiple roles, and in some cases are not as knowledgeable about training that is offered to students. We did not survey International Student Services staff to better understand how Title training could fit into their specialized orientation programs. Future research on International Student Services staff may be beneficial to better understanding how Title officers can work with International Student Services staff to develop training to meet the needs of international students. Lastly, given the scarcity of research in this domain, we could not utilize or adapt any prior instruments and we had to develop a new instrument guided by our research questions. Our instrument, however, has not been pilot tested, and we did not calculate any validity and reliability measures for it. Future studies replicating this inquiry should seek expert input in reviewing and possibly improving our questionnaire. Thomas et al. 318 Conclusions and Recommendations Our work contributes to the discussion of Title training for international students in the United States by demonstrating the varied responses and concerns of this population. As these students may be especially vulnerable to Title violations there is a need for consistent and culturally responsive training, yet we have found that little training specifically focuses on addressing the overlapping challenges that may include differences in cultural, language, and legal understandings. This study points out the need for such specialized training as the results show it is generally lacking at most institutions despite a clear need. While considerations of American students engaged in study abroad opportunities have been found to be covered by Title as officially sanctioned events, less focus has been dedicated to the need of American institutions to effectively onboard and explain the gestalt of Title to international students enrolling in American campuses. We hope that this study will encourage Title officers to consider the needs of international students and how Title offices can work with International Student Services offices to address the needs of this special population. While it may take time to develop more nuanced trainings, research related to the effective understanding of other services have noted that providing material that has effectively been translated into the primary language of the international student may allow for more effective intervention in various fields (Gebhard, 2012; Liestman & Wu, 1990; McCarthy, 2016). Pending further research and development for international student responsiveness, the translation of Title policies and reporting structures into the primary language of all international students on campus may provide some immediate response to this concern Adewale, T., D'amico, M. M., & Salas, S. (2018). \u201cIt\u2019s kinda weird\u201d: Hybrid identities in the international undergraduate community. Journal of International Students, 8(2), 861-883. Association of Title Coordinators [ATIXA]. (2022). About ATIXA. Bhochhibhoya, A., Dong, Y., & Branscum, P. (2017). Sources of social support among international college students in the United States. Journal of International Students, 7(3), 671-686, Bloom, B. E., Park, E., Swendeman, D., Oaks, L., Sumstine, S., Amabile, C., Carey, S. & Wagman, J. A. (2022). Opening the \u201cBlack Box\u201d: Student- generated solutions to improve sexual violence response and prevention efforts for undergraduates on college campuses. Violence Against Women, 18. Journal of International Students 14(3) 319 Bonistall Postel, E. J. (2020). Violence against international students critical gap in the literature. Trauma, Violence, & Abuse, 21(1), 71-82. Buckner, E., Lumb, P., Jafarova, Z., Kang, P., Marroquin, A., & Zhang, Y. (2021). Diversity without race: How university internationalization strategies discuss international students. Journal of International Students, 11(S1), 32-49. Cho, J., & Yu, H. (2015). Roles of university support for international students in the United States: Analysis of a systematic model of university identification, university support, and psychological well-being. Journal of Studies in International Education, 19(1) 11\u201327. Cobler, N. (2014, April 3). International students and their partners face additional barriers when dealing with domestic violence. The Daily Texan. Retrieved from partners-face-additional-barriers-when-dealing-with/ Cohen, J. (1988). Statistical power analysis for the behavioral sciences (2nd ed.). Lawrence Erlbaum Associates. Culhane, J. G. (2013). Bullying, litigation, and populations: the limited effect of Title IX. Western New England Law Review, 35(2), 323-352. Retrieved from Dees, A. J. (2007). Access or interest: Why Brown has benefited African- American women more than Title L. Rev., 76, 625. Retrieved from _sent=1&casa_token=&collection=journals Fan, J., & Wanous, J. P. (2008). Organizational and cultural entry new type of orientation program for multiple boundary crossings. Journal of Applied Psychology, 93(6), 1390-1400. Ferguson, K. D. (2014). Achieving gender equity under title ix for girls from minority, urban, rural, and economically disadvantaged communities. Marquette Sports Law Review, 24(2), 353-418. Retrieved from Flaherty, C. (2021, April 1). Florida State scrambles to explain alleged abuser's long tenure. Inside Higher Ed. Retrieved from explain-alleged-abusers-long-tenure Forbes-Mewett, H., & McCulloch, J. (2016). International students and gender- based violence. Violence Against Women, 22(3), 344-365. Gall, M. D., Gall, J. P., & Borg. W. R. (2006). Educational research: An introduction (7th ed.). Pearson Education. Gebhard, J. G. (2012). International students\u2019 adjustment problems and behaviors. Journal of International Students, 2(2), 158-164. Thomas et al. 320 Goldberg, N. & Elsen-Rooney, M. (2021, November 20). MeToo U: President of Brooklyn\u2019s College, ousted over sexual misconduct claims, boots board and regains power. New York Daily News. Retrieved from for-profit-college-sexual-harassment-scandal-20211120- hv7czunsdnaprf5wafjf7bkwqy-story.html Hollis, L., & Davis, R. A. (2016). International students immigrating to the Title environment qualitative cultural analysis of community college international students. In R. L. Raby and E. J. Valeau, International Education at Community Colleges (pp.75-92). Institute of International Education [IIE]. (2021). Enrollment trends. Open Doors Report on Educational Exchange. Krsmanovic, M. (2021). The synthesis and future directions of empirical research on international students in the United States: The insights from one decade. Journal of International Students, 11(1), 1\u201323. Liestman, D., & Wu, C. (1990). Library orientation for international students in their native language. Research Strategies, 8(4), 191-96. Retrieved from Little, J., & Wegg, J. (2021, January 28 Amended Complaint. Retreived from 28-FINAL-UIUC-Amended-COC-Complaint-002.pdf Malinen, K., VanTassel, B., Kennedy, K., MacLeod, E., & O'Rourke, K. (2023). Victimhood and blame dialectics in culturally diverse male students\u2019 discussions about sexual assault policies. The Journal of Men\u2019s Studies, 0(0). McCarthy, C. (2016). Improve safety of your international students. Campus Security Report, 12(12), 1-6. Retrieved from Meng, Y., Kebede, M., & Su, C. (2018). Reconciling multiple identities: Experiences of international undergraduate students in the United States. In Global Perspectives on International Student Experiences in Higher Education (pp. 72-92). Routledge. Murphy, C., Hawkes, L., & Law, J. (2002). How international students can benefit from a web\u2010based college orientation. New Directions for Higher Education, 2002(117), 37-44. Nightingale, S. (2021). \u201cIt probably hurt more than it helped survivors of sexual assault and their experience with the college Title reporting process. Advances in Social Work, 21(4), 1280-1299. Odio, M. A., Keller, P. R., & Shaw, D. D. (2019). Protecting our students: Title IX, sexual harassment, and internships. Sport Management Education Journal, 13(2), 117-125. Redcay, A., Counselman-Carpenter, E., & Wade, G. (2021). Public accommodations for individuals: Current policies, pending debates. Journal of International Students 14(3) 321 Journal of Human Rights and Social Work, 1- 10. Servaty-Seib, H., Lockman, J., Shemwell, D., & Marks, L. R. (2015). International and domestic students, perceived burdensomeness, belongingness, and suicidal ideation. Suicide and Life-Threatening Behavior, 46(2), 141\u2013153. Steglitz, I. (1988). Survey of university orientation programs for international students and scholars. In J. Mestenhauser, G. Marty, & I. Steglitz (Eds.), Culture, learning, and the disciplines (pp. 5-15). Washington, DC: NAFSA. Tan, G. A., & Koo, K. (2023). From students to colleagues: The becoming of international student affairs professionals. Journal of Student Affairs Research and Practice, 1-15. Tavares, V. (2021). International students in higher education: Language, identity, and experience from a holistic perspective. Rowman & Littlefield. Trachtenberg, B. (2017). How university Title enforcement and other discipline processes (probably) discriminate against minority students. Nevada Legal Journal, 18, 107. Retrieved from Webermann, A. R. (2021). Student perceptions of Title reporting and response (Doctoral dissertation, University of Maryland, Baltimore County). Zhu, L., Liu, M., & Fink, E. L. (2016). The role of person-culture fit in Chinese students\u2019 cultural adjustment in the United States Galileo mental model approach. Human Communication Research, 42, 485\u2013505, Author bios W. THOMAS, PhD is an Assistant Professor in the School of Education at the University of Southern Mississippi. He received his PhD in Higher Education from the University of Kentucky. His research interests include histories of education, student affairs, and student services with a focus on professionalization and access. Email: [email protected] KRSMANOVIC, PhD is an Assistant Professor in the School of Education at the University of Southern Mississippi. Her research interests include international students, first-year experience, first-year seminars, scholarship of teaching and learning, and faculty development. Prior to her academic career, she worked in varied international settings leading the design and facilitation of training programs in the fields of and adult education. Email: [email protected] A. FOSTER, PhD is an Associate Professor in the School of Education at the University of Southern Mississippi. She received her Ph.D. in higher education from the University of Virginia where she studied student behaviors Thomas et al. 322 and how academic and student affairs can collaborate to educate students to prevent unsafe behaviors. She is interested in student behaviors and student life, both historical and current. Email: [email protected]", "8702_105.pdf": "To All members of the Community, The Askew School faculty listed below are writing in response to the recent new reports detailing the alleged sexual misconduct of a former member of the Askew School faculty and the inadequate institutional investigation and response by Florida State University. We want all those who may feel victimized by the alleged misconduct of Richard Feiock to feel supported and heard, especially our current and former students. We want to be clear that no current or former student should feel any guilt or shame about the current situation did not take action against Dr. Feiock when formal complaints were made by students prior to 2020 although School Directors actively worked to have these complaints investigated and real sanctions taken. Our Deans at the time and higher administration did not take action. Our goal is to first apologize for our failings as a department and the failings of the University. We believe it is important that we also communicate the departmental changes we are making in the School to ensure that no situation approaching the allegations of egregious misconduct of the former faculty will ever happen again. As outlined in recent news stories the evidence alleges that Richard Feiock was a sexual predator who harassed and took advantage of students for over thirty years. His alleged actions ranged from inappropriate conversations to unwanted touching to coerced sex with a student under his supervision. While some heard rumors of inappropriate interactions with students, we did not know the extent of his predation. Once the investigation by FSU\u2019s department began in February 2020, we were told that we could not discuss the investigation with students or even amongst ourselves to ensure an unbiased, judicious, and timely process. We believe we have failed you. Despite our silence, the investigation was lengthy, opaque, and allowed Dr. Feiock to escape full consequences or taking responsibility for his actions by retiring. Individually and collectively, we sought to help our students informally due to the lack of a formal institutional response, but we realize we could have done more. We should have pushed back against any alleged efforts by the former professor to isolate his students from the rest of the school, paid greater attention to the possibility of any alleged continued misbehavior and problematic departmental culture, provided a safe space for our students, and been more available for our students to confide in us. The Askew School had a very stringent policy against sexual harassment that was not enforced , in large part because required a formal complaint by a faculty or student who experienced sexual harassment for any investigation to take place, and our School, by itself, had no real powers to address these behaviors.. In February of 2020, with the investigation ongoing, we revised the School\u2019s bylaws to further bolster our process and policies to protect students. Our new policy explicitly encourages reporting of incidents and making available timely service for those affected by an incident. As a faculty, we are deeply saddened and appalled by the university\u2019s weak process and leadership in responding to multiple allegations of sexual harassment of Richard Feiock dating back to 1991. The faculty and students interviewed in the most recent investigation report that the investigation itself was arduous and hostile towards those affected by Feiock\u2019s actions. The DocuSign Envelope ID: 58AD7F28-B6FB-4EE6-AC4D-4EAFD8971913 investigators focused a lot on the race, ethnicity, and nationality of the students as well the actions of Feiock. The student identities were redacted from the report, but their ethnicities and nationalities were not, which created further fear and trauma as news publications have reported based on the full 100 page plus investigation report. Please be aware that from January 2020 and July 2020, the faculty and staff received no information about the progress of the investigation nor the potential outcomes of the investigation. Failing to swift action in response to the repeated allegations of sexual misconduct by Feiock contravenes the very essence of a free and open safe space that our University purports to represent. Accepting Feiock\u2019s resignation instead of firing him for cause is also not acceptable as it allows the whisper network and silence to continue, and potentially allows other institutions to hire him without knowing about his past behavior. . In recent weeks, we faculty have been openly available to students, and many have talked with us or emailed. We have reached out to students by listening and encouraging actions for their own benefit, such as counseling, and not blaming themselves and getting through the hurt of interactions with Feiock as they express their feelings and also learn more information on what actually took place. We have had several doctoral student zoom meetings and other student meetings are planned. Students are beginning to speak up more about how to move forward and less about their own hurt, though both need attention. Our Dean Tim Chapin has been supportive of honest action this past year and has arranged faculty and student meetings with Gibbs (head of at FSU) and himself. Before calling on others to act, we recognize the importance of first making change ourselves. We have collectively agreed to design and implement an anonymous complaint reporting process free from faculty involvement, increase transparency around application processes and the award of school funding for doctoral students, and rebuild a culture of support and trust in our doctoral program. We are also having ongoing discussions with our students about power dynamics, systemic bias, and oppression in the Askew School and measures we are taking to dismantle these biases and systems of oppression. All of this will be done with full student input and involvement. In July 2020 we created the Social Justice and Innovation Lab in response to institutional and structural racism and gender-based bias, oppression, and violence. This lab aims to provide a safe space for students, faculty, staff, and other stakeholders to discuss issues and systems of oppression and discover innovative ways to promote social justice throughout our community and society at large. For example, two weeks ago, the Lab had a panel discussion on Anti-Asian Discrimination for students and faculty to speak together. We call on the Administration to also make meaningful changes to protect students and reduce the opportunity for sexual violence and oppression. FSU\u2019s Sex Discrimination and Sexual Misconduct Policy aims to \u201cprovide prompt, thorough, and impartial methods of investigation and resolution to stop discrimination, remedy any harm, and prevent its recurrence\u201d, but the recent events demonstrate that the institutional process was fundamentally flawed, and can still be improved. We welcome the student and faculty dialogue that will be possible in one or more meetings with Gibbs and Dean Chapin. . We sincerely hope that this letter serves as a first step in restoring the students' trust in us that was lost. While we cannot go back and change the wrong done, we hope we can co-create a better department in which students, faculty and staff feel safe, welcome and included. DocuSign Envelope ID: 58AD7F28-B6FB-4EE6-AC4D-4EAFD8971913 Our specific recommendations are as follows: 1. The University engage the services of an outside, impartial third-party investigator or investigations team to handle all further allegations of sexual harassment, misconduct and abuse perpetrated by faculty and staff. 2. Acknowledge the university\u2019s multiple failures in ignoring prior complaints before 2020, conducting this investigation without providing any feedback to faculty and students who made complaints, protecting students, and failing to hold Feiock accountable. 3. Acknowledge the continuing harm to our community caused by sexism, racism, nativism and all systems of oppression. 4. Revisit the investigation\u2019s overwhelming evidence of wrongdoing to reach a conclusion of fault and retroactively terminate Feiock with cause. 5. Provide a summary of the investigation\u2019s findings to all institutions of higher education, funders or research, and professional associations that might consider hiring, funding, or being associated with Feiock absent knowledge of his wrongdoings. 6. Amend procedures and policies in order to conduct Title investigations in response to informal complaints and the potential presence of a hostile workplace, instead of requiring a student to make a formal complaint and be subject to personal exposure. 7. Amend retirement procedures to prohibit early retirement during an ongoing Title investigation. 8. Provide external counseling resources to current and former students impacted by Feiock\u2019s misbehavior and our institutional failures. 9. Investigate how Feiock s file was cleansed of all information and formal actions taken by against him prior to 2020. 10. Acknowledge the continuing harm to our community caused by sexism, racism, nativism and all systems of oppression. Our primary goal moving forward is to protect our students physically, emotionally, and professionally. We hope that the changes we make in the Askew School and the changes we recommend to Administration will prevent this from ever happening again. DocuSign Envelope ID: 58AD7F28-B6FB-4EE6-AC4D-4EAFD8971913 DocuSign Envelope ID: 58AD7F28-B6FB-4EE6-AC4D-4EAFD8971913", "8702_106.pdf": "Richard Feiock Richard C. Feiock (born January 12, 1959) is an American political scientist. He is formerly the Augustus B. Turnbull Professor & The Jerry Collins Eminent Scholar Chair at The Florida State University Askew School of Public Administration and Policy. He resigned in 2020 amid a sexual misconduct investigation.[1] The investigation found that he had been reported for sexual misconduct multiple times since 1991.[2] Dozens of journals in the field responded by condemning his behavior and advocating for better protection of graduate students.[3] He is a former editor for the Public Administration Review. Feiock is known for his work on the subjects of local government, intergovernmental management,[4] environmental policy, and administrative affairs.[5] Feiock's major works includes the creation of the Institutional Collective Action Framework,[6] and major works dealing with institutional constraints within local government,[7] metropolitan governance,[8] and self-organizing federalism.[9] 1. Morgan, Lucy (2021-03-14). \"Longtime prof resigned in sexual misconduct case: 'There is a huge sense of disgust over the allegations' \" ( fsu-prof-resigned-in-sexual-misconduct-case-there-is-a-huge-sense-of-disgust-over-the-allegation s/). Florida Phoenix. Retrieved 2021-03-14. 2. Flaherty, Colleen (2021-04-01 Professor, a 'Predator': Florida State scrambles to explain how a faculty member who was known to prey on Asian female students was allowed to do so for 30 years\" ( abusers-long-tenure). Inside Higher Ed. Retrieved 2021-04-01. 3. Young, Sarah L.; Wiley, Kimberly K. (February 2021). \"Erased: Why Faculty Sexual Misconduct is Prevalent and How We Could Prevent It\" ( Journal of Public Affairs Education. 27 (3): 276\u2013300. doi:10.1080/15236803.2021.1877983 (http s://doi.org/10.1080%2F15236803.2021.1877983). 4. \"Donald C. Stone Practitioner and Scholar Awardees\" ( nts/SIAM-Stone-Awards2.pdf) (PDF). The Section on Intergovernmental Administration and Management. Retrieved 4 December 2016. 5. \"Member News: Richard Feiock\" ( ck.html). Section on Intergovernmental Administration and Management. March 2015. Retrieved 4 December 2016. 6. Feiock, Richard C. (August 2013). \"The Institutional Collective Action Framework\" ( 0.1111%2Fpsj.12023). Policy Studies Journal. 41 (3): 397\u2013425. doi:10.1111/psj.12023 ( org/10.1111%2Fpsj.12023). 7. Clingermayer, James C.; Feiock, Richard C. (2001). Institutional constraints and policy choice : an exploration of local governance. Albany, NY: State Univ. of New York Press 978-0-7914- 4913-4. 8. Feiock, Richard C. (2004). Metropolitan governance: conflict, competition, and cooperation. Washington, D.C.: Georgetown University Press 9781589010208. References 9. Feiock, Richard C.; Scholz, John T., eds. (2010). Self-organizing federalism : collaborative mechanisms to mitigate institutional collective action dilemmas. Cambridge, UK: Cambridge University Press 978-0521764933. Florida State University faculty profile ( Richard Feiock ( publications indexed by Google Scholar Retrieved from \" External links", "8702_107.pdf": "Longtime professor resigns amid sexual misconduct investigation, sparking outcry Melissa Ma Deputy News Editor Published 12:15 p.m May 13, 2021 longtime Askew School of Public Administration professor at Florida State University quietly retired amid an investigation of sexual misconduct between him and a female international graduate student, sparking outcry among university students, faculty and staff. The investigation into Richard Feiock was launched in early 2020. According to the 200-page investigation document, Feiock preyed on primarily female international Asian students under his supervision amidst a culture of isolation from the rest of the department and other professors. His behavior ranged from touching a student\u2019s thigh under the table during a social gathering to allegedly kissing a student in the parking lot to having oral sex with a student in his office. These allegations aren\u2019t isolated incidents as the report indicates he has faced previous complaints before in 1991 and 2005, respectively. His behavior over the past three decades, according to the report, included microaggressions such as asking a student to sit on his lap, trading implied sex for better grades and openly seeking out Korean and Chinese women by offering to \u201ctake good care\u201d of them and provide funding in exchange for working with him. \u201cRick flirts with the women, hugs them tightly, and pats them on the butt,\u201d said a student in the investigation, whose name was redacted have seen him do that. The complaint from 2005 actually witnessed that\u2026 he was grabbing her butt and her waist and said, \u2018You have an minus but if you play with me will up it.\u2019\u201d As a result of the 1991 and 2005 incidents, Feiock received one counseling session. Timeline of sexual misconduct incidents from 2019 to 2020 In December 2019, an email chain was delivered to several students in the Askew School of Public Administration Department. One email, sent to the student\u2019s account from an account with the name \u201cSeoulman,\u201d explicitly detailed oral sex with the student. The email was signed, \u201cYour Rick.\u201d It also detailed the beginning of the interaction as \u201cRick\u201d offering to pick up the student from her hotel to get Momo\u2019s pizza, after which they agreed to meet in his office. In January 2020, in response to the email blast, Professor Ralph Brower formally submitted a report of sexual misconduct Title investigation was subsequently opened by the university into the charges that Feiock had an inappropriate relationship with the student. \u201cYour inquiry should be handled with great delicacy because our students are extremely frightened about Professor Feiock\u2019s potential to harm their professional futures,\u201d wrote Brower to the Title director. \u201cIn addition, these students have been affected emotionally, since this disclosure exposed their major professor, whom they previously held in great respect.\u201d However, Askew faculty remarked in an open letter to the community that the faculty and students interviewed in the 2020 investigation report that \u201cthe investigation itself was arduous and hostile towards those affected by Feiock\u2019s actions.\u201d Six days later on Jan. 29, College of Social Sciences and Public Policy Dean Tim Chapin put Feiock on paid administrative leave where the professor was unable to work on behalf of the university or interact with students in any way. That same day, the Office of Equal Opportunity and Compliance (EOC) began the investigation into determining whether FSU\u2019s Sexual Misconduct Policy had been violated by Feiock. On March 10, 2020, shortly after Feiock was requested to be interviewed in the investigation, he sent an email to Chapin as a notice of his intention to retire from FSU. Twenty minutes later, Chapin accepted Feiock\u2019s resignation, and Feiock officially retired in July. The investigation was closed on March 24, 2020. The Askew department was updated on the investigation in July 2020, according to the open letter. Askew faculty to students: \u2018We believe we have failed you\u2019 In an open letter, Askew faculty expressed their disappointment, claimed part responsibility and voiced their criticisms of how the investigation into Feiock's behavior was handled. \u201cWe believe we have failed you. Despite our silence, the investigation was lengthy, opaque, and allowed Dr. Feiock to escape full consequences of taking responsibility for his actions by retiring. Individually and collectively, we sought to help our students informally due to the lack of a formal institutional response but we realize we could have done more,\u201d the letter reads. The professors cited how they should\u2019ve stopped Feiock from isolating students under his supervision from the rest of the school, how alleged continued misbehavior didn\u2019t receive enough attention and how they should\u2019ve been more available for the students to confide in them sooner. \u201cFailing to (take) swift action in response to the repeated allegations of sexual misconduct by Feiock contravenes the very essence of a free and open safe space that our University purports to represent,\u201d the letter reads. Dennis Schnittker, interim assistant vice president of University Communications, said that suggesting Feiock was allowed to escape full consequences is \u201ca misrepresentation of our actions and reflects a misunderstanding of the scope of our institutional authority.\" Faculty expressed concern that allowing Feiock to resign quietly prevents other institutions from knowing his reputation and unknowingly hiring him. In response, Schnittker said that the university plans to be transparent with potential employers seeking his history and that Feiock\u2019s resignation was allowed under the FSU\u2019s faculty employment policy. \u201cUniversity administrators have no doubt that termination would have been the ultimate result of this investigation had the employee not resigned,\u201d Schnittker said. \u201cTo be clear, employers cannot retain or detain an unwilling employee.\u201d Askew faculty made a point in their letter to recommend the university add a rule to prevent early retirement during an ongoing Title investigation. Other universities, such as Michigan State University, recently faced similar allegations with a coach having a nonconsensual sexual relationship with a student- athlete. They also initially approved his request to retire. The decision changed after their Office of Institutional Equity upheld a hearing officer\u2019s decision finding the coach guilty of violating the school\u2019s Relationship Violence and Sexual Misconduct Policy. The coach was subsequently fired. Askew faculty, in trying to hash out how Feiock did not face action for 30 years, criticized the sexual misconduct reporting methods available at the time. For any sexual harassment investigation, a formal complaint by a faculty member or student was required, and Askew School had no channels or bylaws in place to address it themselves. This changed in February 2020 while the most recent investigation was ongoing; it explicitly encourages reporting any incidents and offers \u201ctimely\u201d services to students affected. Many students in the report, when asked why they didn\u2019t report his sexual harassment, said they believed they wouldn\u2019t receive help from the university. \u201cPeople are aware that he\u2019s been doing this for (30) years and nothing has been done and if we say something it will backfire on us, and nothing will be done to him,\u201d said one student, whose name was redacted. In response, Schnittker asserted that FSU\u2019s reporting policies have changed and their current policies are \u201ceffective policies for reporting harassment.\u201d \u201cLike all institutions has continued to refine and strengthen its policies over the past three decades,\u201d said Schnittker. \u201cEarlier allegations of misconduct by the faculty member weren\u2019t addressed the way matters would be promptly investigated \u2014 and remedied \u2014 today.\u201d The full list of recommendations Askew School provides, including how to improve investigation and reporting methods, create an environment intolerant of sexual harassment, address racism and sexism and retroactively fire Feiock, can be viewed on their website. Currently, Schnittker says that FSU\u2019s Title policy was \u201cupdated\u201d since Feiock\u2019s allegations were reported, and that affected students were directed to the Victim Advocate Program, the University Counseling Center and the Employee Assistance Program. Students groomed by professor: \u2018long-term thing\u2019 The student who had oral sex with Feiock in 2019, whose name was redacted in the report, described being groomed and pressured into the act felt very sad, pressured and very uncomfortable,\u201d the student said. \u201cMy mind was blank, and was scared didn't know what to do. After the incident went to my friend\u2019s house where was staying and took a shower haven\u2019t told anyone because it\u2019s very hard and couldn\u2019t tell them because didn\u2019t feel that had anyone to protect me.\u201d Prior, their supervisory relationship grew more complex and confusing to her as she mentioned not knowing if his behavior was accepted in American culture, unfamiliar with the laws of harassment in the United States. Another student close to the victim, whose name was also removed from the report, recounted her long struggle with the professor. \"She realized every time she avoided him he would give her a hard time by neglecting her emails or giving her a cold face,\" the student said. \"She said she was not voluntarily having sex with him\u2026 Dr. Feiock didn\u2019t force her to have sex with him but he pushed her hard and it\u2019s a long-term thing.\" Schnittker informed the FSView that even if the relationship between a student and professor was consensual, such a thing would be a conflict of interest and would have to be \u201cended immediately.\u201d \u201cRomantic or sexual relationships in which one party maintains a supervisory or evaluative role over the other party are prohibited,\u201d said Schnittker. This includes graduate assistants and students, similarly governed. These relationships must be reported to the faculty or teacher\u2019s supervisor immediately. Attempts to reach Feiock for comment were unsuccessful. Graduate students\u2019 disappointment: \u2018predatory behavior was enabled by many factors throughout the university ecosystem\u2019 Several on-campus student organizations have expressed a range of reactions to the news broken by the Florida Phoenix. FSU\u2019s Graduate Assistants United (GAU), a labor union representing all graduate students at the university ensuring they have a safe workspace, expressed their strong concern about the internal conditions within the university and in international and graduate programs that created a power imbalance between Feiock and his students. \u201cDr. Richard Feiock\u2019s predatory behavior was enabled by many factors throughout the university ecosystem,\u201d said in a statement. They stated that graduate students face unique barriers from reporting misconduct, as their position and future careers rely heavily on building relationships with professors and supervisors well known in their field. The department\u2019s and faculty\u2019s goodwill help graduate students keep their funding, find jobs and provide strong recommendation letters to other universities. International students face yet another complication as their immigration status depends on their main professor; their ability to remain in the country depends on keeping their student visa and subsequently their grade up, as was the case with Feiock and the primarily Asian international students he preyed on. \u201cFeiock in particular targeted, for the most part, people who were directly dependent on him to maintain their student status,\u201d said Ben Serber president. \u201cHe was advising people he could fail out of the program essentially if he wanted to badly enough.\u201d International graduate students carry the additional burden of not being able to work for any other employer except for their chosen department, as their work authorization is tied to their student visa. Every semester in the Askew School and other participating departments, they pay out-of-state tuition with almost their entire working salary at a minimum of $16,000 an academic year. Failing their program essentially forces the international student to go home with no money and no degree. \u201cIt's an extraordinary position of power that (Feiock) was in, but it's made even worse by all of these other factors that gave him even more power than a normal supervisor would have had,\u201d said Serber. The read a statement during a Collective Bargaining agreement meeting by a graduate assistant who pursued reporting a coworker to FSU\u2019s Title office about an incident occurring between fall 2019 and spring 2020. The complaint was dismissed because FSU\u2019s current policy requires that the complainant\u2019s name be made known to the alleged aggressor for any \u201cpunitive action\u201d to be taken just wanted to be left alone and be able to work in peace without feeling unsafe. The Title office proved unhelpful,\u201d read the graduate assistant\u2019s statement. The student said they were told that their only two options at the time were for the Title office to speak to the alleged offender and tell them their name or to drop the complaint was even told by Trisha Buckholtz, the director of the Title office, \u2018Well, unfortunately, it's not illegal to be a creep.\u2019 Being offered no other options or protections agreed to close the complaint.\u201d The also criticized the investigation process at FSU, specifically the Office of for having exclusive investigatory power at because as an internal body of the university it is supposed to be investigating and its power gives it inherent bias to maintain the status quo. \u201cThere's a lot of distrust in the university's internal process because it seems like every time there's a high profile case, we see examples of the university investigating itself basically and not doing a very good job, not really being interested in securing the safety of its workers and students, but more just in how to make things go away,\u201d said Serber. They joined Askew School faculty in calling for an external third-party to investigate future incidents and the allegations listed in the Askew faculty letter, and added a call for third-party arbitration appeals for all harassment complaints, and an informal complaint process, not requiring the student to divulge their name, which makes the work environment safer for students while not getting the accused in trouble. \u201cThere are \u2026interim measures that can be taken to secure someone's workplace safety, even without punishing the person who's causing the problem,\u201d said Serber. \u201cThings like moving people's workspaces, changing their work hours, changing class schedules, things like that.\u201d The Public Administration Graduate Association (PAGA) at the Askew School held a forum on April 15 with the Victim Advocate Program (VAP) and Askew students to discuss resources for survivor healing and working together to co-create safer learning environments. The forum shared the many resources the office provides for sexual assault survivors and other crisis support services for students going through a turbulent semester or reliving trauma from experiencing or being in danger of sexual assault. \u201cMany students have expressed their shock with the investigation that came out in the Florida Pheonix article about a month ago, especially those within our graduate association,\u201d said Joseph Hennessy, president of PAGA. \u201c...We are hopeful the university will release a response soon and take action to create a safer learning and growing environment within the Askew School and across FSU\u2019s campus.\u201d Asian-American students react to Asian fetishization by professor doctoral student in the investigative report mentioned that Feiock \u201cfocuses on Asian girls because he knows that Asian girls won\u2019t be willing to talk about it to others because they think it is embarrassing.\u201d FSU\u2019s Asian-interest sorority alpha Kappa Delta Phi expressed support for the victims and condemned Feiock\u2019s actions against Asian women. \u201cAfter further research into the investigation, we as an organization condemn his action and the means (and) standards he used to target people,\u201d said FSU\u2019s alpha Kappa Delta Phi. \u201cWith the blatant racism and the harmful effects on the community and the victims, we stand in solidarity with those who were affected.\u201d Students within Askew School, the graduate community and the Asian-American population on campus expressed their desire for the university to support its students better in the future by rebuilding trust in the investigation processes, especially when investigating those in positions of power or leadership. Danielle Cabansay, External Vice President of aKDPhi, said, \u201cAs we strive to normalize and engage for women to speak up against these atrocities and to learn to accept themselves as humans who are deserving of better and stronger justice think the university can aid in expediting the process of engagement and investigation of cases.\u201d Where Feiock preyed upon multiple Asian women within his department and was caught and implicitly forced to retire, other incidents of sexual assault and allegations within the Tallahassee community remain unreported and unheard to this day. In the United States, one in six women has been the victim of an attempted or completed rape, according to Rape, Abuse and Incest National Network. Cabansay shared her experience with sexual assault by another person on FSU\u2019s campus with significant standing. She added that while there are strong advocates on campus against sexual assault and sexual harassment, the silence around students not publicly coming out to share their experiences with Feiock or sexual assault, in general, may be due to personal trauma. \u201cI\u2019m personally a victim of sexual assault by somebody significant in and have been neglecting my own diligence to even do what encourage others to do,\u201d said Cabansay. \u201cBut like many, while the system takes time to process things, so do people. Cases like these are a glaring example that so much time can pass and yet predators stay the same. Even as read about (the Feiock story), it\u2019s something I\u2019m also learning from, especially because many want to see the best in people or trust that people can change. But trauma doesn\u2019t change, and very rarely, do sexual predators.\u201d For students impacted by the reports, the Victim Advocate Program has a 24/7 hotline at 840-644-7161 and a reporting system at report.fsu.edu. News Editor Casey Chapter contributed to this story."} |
7,737 | David Hayes | University of Houston | [
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] | {"7737_101.pdf": "App leads to arrest of sex offender in Pasadena Thursday, September 25, 2014 sex offender who failed to register as such was arrested, thanks to a tip to the iWatchHarrisCounty mobile app, according to the sheriff's office. Deputies say Shawn David Hayes, 32, claimed to be living in a home in the 800 block of Easy St. in La Porte, but was really living at a home in Pasadena. Deputies say Shawn David Hayes, 32, claimed to be living in a home in the 800 block of Easy St. in La Porte, but was really living at a home in Pasadena Deputies say Shawn David Hayes, 32, claimed to be living in a home in the 800 block of Easy St. in La Porte, but was really living at a home in Pasadena Investigators say Hayes, who was sentenced to five years in prison in 2002 for sexually assaulting a 13-year-old girl, was found to be living in the Pasadena home with seven children, only one of whom was his. Deputies also say he was selling drugs out of the house and add that he avoided arrest thanks to a surveillance system he had at the home. \"We don't feel safe,\" said one neighbor. \"We are not accustomed to see that thing for our families.\" Deputies seized several surveillance cameras, weapons, prescription pills and drugs. Hayes is now out on bond, but is being forced to wear an electronic monitor. Deputies say Shawn David Hayes, 32, claimed to be living in a home in the 800 block of Easy St. in La Porte, but was really living at a home in Pasadena 24/7 Live 74\u00b0 Sheriff Adrian Garcia says his office has received 110 tips that have led to arrests since the iWatch app was launched in 2011. And the program is growing quickly, with 60 more tips that have led to arrests so far than this year than in the past two years. \"We're getting a lot of tips that are helping us put bad guys in jail,\" said Sheriff Garcia. \"We are making an incredible arrests. We're seizing an incredible volume of narcotics.\" Copyright \u00a9 2025 KTRK-TV. All Rights Reserved. Related Topics Topics Weather Traffic Watch Photos Apps Regions Houston Southwest Southeast Northwest Deputies say Shawn David Hayes, 32, claimed to be living in a home in the 800 block of Easy St. in La Porte, but was really living at a home in Pasadena 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 Houston. All Rights Reserved. Northeast Categories Localish Action 13 Texas True Crime 13 Unsolved 13 Investigates Sports Renters' Rights Company About ABC13 Houston Contact Us ABC13 News Team Careers Enter to Win Submit News Tip ABC13 Merchandise Deputies say Shawn David Hayes, 32, claimed to be living in a home in the 800 block of Easy St. in La Porte, but was really living at a home in Pasadena", "7737_102.pdf": "Flexible Styles For Your Space Electric Fireplaces Canada Hayes was sentenced to five years in prison in 2002 for the sexual assault of a 13-year-old girl. PASADENA, Texas \u2013 Authorities say persistent efforts by neighbors in Pasadena led them to a sex offender living with seven children. According to deputies, Shawn David Hayes, 32, was also selling drugs out of the home. Hayes was sentenced to five years in prison in 2002 for the sexual assault of a 13-year-old girl. Neighbors lead authorities to sex offender living with 7 kids Author: Drew Karedes (KHOU) Published: 11:13 September 24, 2014 Updated: 11:13 September 24, 2014 Investigators say Hayes claimed to be living elsewhere and hadn't registered as a sex offender for the past three years. \"More and more neighbors found out about it slowly,\" said neighbor Chris Guzman. \"Everybody started policing the neighborhood, writing down license plates and turning them in.\" Neighbors told they had a feeling that the home was a hotbed of criminal activity. People claim to have seen cars constantly coming and going at all hours. \"There was stop and go traffic like Christmas time at the mall,\" said Kris Flanagan. \"We've been waiting. It's been a long time coming.\" Homeowners on Lance Avenue have been tipping off authorities through the iWatchHarrisCounty mobile app. They've been calling authorities too. \"The police told us they had this home under surveillance. They knew and understood everything was saying,\" said a woman who only wants to be identified as Betty. \"Finally was like, they've got something!\" Authorities from multiple agencies allegedly seized guns, surveillance cameras, pills and other drugs from the house. Deputies allege Hayes was using a variety of surveillance cameras to avoid being caught is still waiting to find out if is now involved. leaffilterguards | Sponsored Here\u2019s What a 6-Hrs Gutter Upgrade Should Cost You In 2025 Learn More Health Domain | Sponsored Grammarly | Sponsored Beyond Text Generation: An Tool That Helps You Write Better Improve grammar, word choice, and sentence structure everywhere you work. Write better with Grammarly. Install Now Breakthrough \"Arthritis Gummy\" Takes America By Storm People Aged 40-80 Could Claim This Life Insurance Benefit Before he died in McDonald shooting, grandfather did o final, powerful thing, sheriff says This cute and realistic bunny toy is perfect for Easter Ad 1 of 1 Ad 1 of 1 2025's Most Realistic Bunny Robot Toy - Perfect for Kids Seniors Choice | Sponsored Luxury Casino | Sponsored The Highest Win Rate Guarantee in the market right here at Luxury Casino ! Give it a ! With our popular seasonal game , 9 Lives of the Nile ! Take a thrilling adventure and uncover treasures of ancient Egypt Medicine Today | Sponsored Family Cancels Care Home Plans After Dad Tries Japanese Device Learn More Houston-area bars forced to close, dining-in no longer allowed at restaurants for next 15 days Kelly Clarkson returns to host her daytime talk show. Here's why she's been gone 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 20 arrested in undercover prostitution operation, Harris County Pct. 4 constable says New Mexico officials reveal cause of death for Gene Hackman and his wife Luxury Casino | Sponsored Connect Hearing | Sponsored Luxury Casino offers the Highest Win Rate Guarantee in the market ! Join now and check it out ! Give it a ! With our popular seasonal game , 9 Lives of the Nile ! Take a thrilling adventure and uncover treasures of ancient Egypt . Ontario Seniors: This Is How Much New Hearing Aid Should Actually Cost Lawsuit reveals why more than two dozen Texas Dairy Queen stores may have closed Major crash on North Freeway leaves multiple people dead \u2014 What we know so far ARTICLE..."} |
7,729 | T.W. Cauthen | University of Georgia | [
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] | {"7729_101.pdf": "uga/article_a2ab5548-10cb-11e6-9f88-1b48815144b3.html Investigation: T.W. Cauthen, associate vice president for student affairs, resigns from Leighton Rowell @lmrow May 3, 2016 T.W. Cauthen, former associate vice president for academic, campus and community partnerships in the Division of Student Affairs, has resigned from the University of Georgia effective this Friday, according to documents obtained by The Red & Black through an open records request alumnus unknown to The Red & Black was one of about 20 individuals interviewed by Clare Norins, assistant dire T.W. Cauthen. \"There\u2019s a clear pattern of behavior that after today makes me more sure that he does indeed need a clos Photo by Henry Taylor Photo Illustration by Lisee Pullara 1 of 2 Cauthen, whose previous positions at included assistant dean for students and director of the Center for Leadership and Service, was reported to the Equal Opportunity Office in November 2015 by a student unknown to The Red & Black. The investigated Cauthen\u2019s alleged violation of the consensual relationships provision of the university\u2019s Non-Discrimination and Anti-Harassment Policy. In late January, Cauthen was found to not be in violation of the policy. However, in early February, upon considering the investigation\u2019s overall findings, Senior Vice President for Academic Affairs and Provost Pamela Whitten and Vice President for Student Affairs Victor K. Wilson quietly removed Cauthen from his duties in student affairs. Over Cauthen\u2019s 11 years at UGA, the position had brought him into contact with thousands of students. Cauthen was re-assigned to the Office of Provost. \u201cEffective immediately, you will no longer have any duties or responsibilities in the Division of Student Affairs \u2026\u201d a Feb. 3 letter from Wilson to Cauthen read. \u201c \u2026 all your teaching responsibilities are terminated immediately.\u201d Wilson declined to comment for this article because, he said, \u201cit would not be appropriate\u201d for him to discuss a personnel matter. Reassigned to the role of research associate under Vice Provost for Academic Affairs Russ Mumper, Cauthen\u2019s new responsibilities were to include \u201cresearch and writing duties\u201d assigned by the vice provost. His office was relocated to a building off campus. \u201cYou are directed not to engage in any way with University of Georgia students within the context of your employment,\u201d Wilson\u2019s letter continued. According to Bob Taylor, program specialist in the Division of Marketing and Communications, Cauthen was also told his contract would not be renewed June 30. On Feb. 15 \u2014 12 days after that reassignment \u2014 Cauthen was placed on administrative leave \u201cfor an indefinite period,\u201d according to a letter from Mumper to Cauthen. \u201cDuring this period of administrative leave, you are not to utilize any facilities of the University,\u201d Mumper\u2019s letter read. Four days later, on Feb. 19, Cauthen tendered his resignation. \u2018Probably definitely inappropriate\u2019 According to documents obtained by The Red & Black, Cauthen and an unknown student met about a year ago on Grindr, a dating app for gay men. After matching \u2014 but before either realized the other\u2019s connection to the university \u2014 Cauthen and the student exchanged phone numbers and texted from May 10-11. They sent more than 200 text messages back and forth, according to screenshots provided to The Red & Black as the result of an open records request. On May 10, Cauthen invited the student to his apartment for the evening. The student declined. The second day they texted, May 11, Cauthen asked the student what he was up to, still not realizing he was a student. Projects \u2014 \u201csome are for work and some are for a student org and some are for a fellowship\u201d \u2014 the student replied. \u201cWhat student org? And where do you work?\u201d Cauthen asked. \u201cWhat\u2019s ur major?\u201d The student\u2019s responses, which revealed him to be an undergraduate and portions of which were redacted from the records in accordance with a Family Education Rights and Privacy Act exception, appeared to be no deterrent for Cauthen, whose conversation with the student continued for more than 100 additional text messages after this realization. \u201cBig plans for tomorrow? If not maybe you should come hang out,\u201d he texted back. It was not until about 30 text messages later, when Cauthen sent the student another photo of himself, that the student recognized Cauthen. \u201cOh, hey right?\u201d the student said [might] have come over yesterday if I\u2019d realized it was you.\u201d T.W. Cauthen, former associate vice president for academic, campus and community partnerships in the Division of Student Affairs, has resigned from the University of Georgia, effective May 6. Courtesy Omicron Delta Kappa website Apparently confused at the student\u2019s recognition, Cauthen changed his tone. \u201cI\u2019m guessing you know me but don\u2019t know you. Whoops. This is why don\u2019t usually talk to folks under 22. But then again you fooled me with your age. Lol,\u201d he said. \u201cDidn\u2019t realize you were still in school until we started chatting.\u201d The student\u2019s tone changed, too. \u201cI\u2019m even more attracted now \u2026 Do you still want me to come over?\u201d he asked after a few more texts were exchanged wish that could happen. But I\u2019m thinking that would be inappropriate. Don\u2019t you?\u201d Cauthen replied. The student said he didn\u2019t know, that Cauthen should not feel embarrassed about the situation and that he, the student, was \u201cgood with confidentiality few text messages later, Cauthen expressed his disappointment, and the conversation ended shortly thereafter. Roughly six months later, on Nov. 4, the student emailed Clare Norins, assistant director of the Equal Opportunity Office, to file a sexual harassment complaint against Cauthen. \u2018Strongly discouraged\u2019 \u201cHe said he didn\u2019t know who was, but don\u2019t believe him \u2014 he should have recognized me from my pictures and having seen me at campus events,\u201d the student and complainant told Norins in a meeting on Nov. 5, according to notes Norins took that were released to The Red & Black through an open records request. With Relationship and Sexual Violence Prevention coordinator Deanna Walters present, the student told Norins that in October, Cauthen had \u201ccompletely ignored\u201d him at an event where they were both present feel sexually harassed because of how T.W. didn\u2019t acknowledge me afterwards,\u201d he told Norins, according to her meeting notes. The student had already reported his story to University Health Center sexual health coordinator Katy Janousek, whom, he told Norins, had said Cauthen had a history of drinking and sleeping with students at conferences. Cauthen ultimately was found not guilty of sexual harassment under UGA\u2019s current Non- Discrimination and Anti-Harassment policy, because the determined communication between Cauthen and the student had been \u201cconsensual and mutual.\u201d Under UGA\u2019s policy, only \u201cunwelcome\u201d conduct of a sexual nature constitutes harassment. \u201cThere is not a preponderance of the evidence that you actively avoided [redacted] although you acknowledge that you did not affirmatively seek to interact with [redacted] stating that this was no different than how you behaved \u2026 prior to your online and text communications \u2026 when you did not know [redacted],\u201d Norins stated in a letter sent to Cauthen on Jan. 21, at the conclusion of the investigation do not find that your conduct toward [redacted] following your communications with [redacted] \u2026 falls within the parameters of the Policy\u2019s definition of sexual harassment.\u201d However, the interviews Norins conducted during her two-and-a-half-month investigation revealed that Cauthen had indeed been involved romantically or sexually with students and others he supervised in the past. According to Norins\u2019 Jan. 21 letter, these incidents occurred prior to Sept. 15, 2011, before which the university\u2019s policy \u201cdiscouraged but did not prohibit sexual relationships\" between faculty/staff and their employees or graduate students. \u201cWhile the investigation revealed no information suggesting that you are continuing to blur professional and friendship boundaries in your role as Associate Vice President of Student Affairs, the past continues to have some impact in the present as evidence by the fact that word of mouth of this past reached [redacted], who was involved with \u2026 Student Affairs units under your supervision,\u201d Norins wrote in her Jan. 21 letter. Though contacted by The Red & Black, as of press time Cauthen could be not be reached for comment. \u2018Blurring of boundaries\u2019 Besides the complainant himself, several of the individuals interviewed in the investigation said they had either heard of or had witnessed Cauthen interacting with students inappropriately, according to documents obtained by The Red & Black. \u201cThere\u2019s a clear pattern of behavior that after today makes me more sure that he does indeed need a close investigation,\u201d one alumnus unknown to The Red & Black wrote to Norins in an email on Dec. 17. On Nov. 5, Janousek, the sexual health coordinator, confirmed to Norins that she had heard \u201crumors regarding T.W. at conferences from someone who is no longer at UGA,\u201d according to Norins\u2019 notes. On Nov. 20, Lisa Kendall, who served as senior coordinator of UGA\u2019s Center for Leadership and Service from 2008-2012, told Norins she had once seen Cauthen and a second-year graduate student \u201cmake out\u201d in public while intoxicated. On Jan. 8, when Norins interviewed Cauthen, he described a similar situation that took place at Go Bar in Athens. \u201c[Redacted] ran into me there. The moment when we started making out \u2014 an advance from him stopped it,\u201d Cauthen said. The individual in question is presumably the anonymous alumnus Norins interviewed Jan. 11. He said his relationship with Cauthen was professional \u201c99.9 percent\u201d of the time. \u201cThe 0.01 percent [of the] time was just the incident at Go Bar, that T.W. also described where we kissed \u2014 we addressed it right there and briefly the next day,\u201d the alumnus said. Kendall said though she saw the two kiss, she never brought it up didn\u2019t see who initiated it never talked about it with either of them afterwards,\u201d she said, according to Norins\u2019 notes. Former senior coordinator of the CLS, Katie Johnston, was hired by Cauthen and worked at from October 2012 until July 2015. Johnston also told Norins she had heard that Cauthen had had a relationship with a student, according to Norins\u2019 notes from a Dec. 10 conversation reported it to Jen Rentschler, my supervisor, but told her [it was] not firsthand information; [redacted] had never said anything to me; [redacted was] no longer at UGA,\u201d Johnston told Norins. \u201cThis is the only incidence heard of regarding T.W. engaging in [a] relationship with [a] student.\u201d Rentschler, also hired by Cauthen, has served as the director of the since February 2013. Rentschler, Kendall and Janousek could not be reached for comment as of press time, and Johnston declined to comment for this article. Norins\u2019 interview notes also show two anonymous persons and two people whose names were redacted under had heard of or witnessed circumstances similar to those described by Janousek, Kendall and Johnston. One individual anonymously told Norins they \u201cobserved T.W. being flirty, permissive with other guys in student affairs\u201d and that Cauthen was \u201cknown for giving attention to gay men involved\u201d in an organization whose title was redacted. Another individual, whose name was redacted under FERPA, told Norins that he had received advances from Cauthen. \u201cFive or six nights, usually when T.W. was really drunk, he would text me about getting together would respond sometimes, sometimes ignore him don\u2019t think was taken advantage of \u2014 just think it was inappropriate given that he was my supervisor,\u201d he said. Yet another individual, whose name also was redacted, said his friend had had a relationship with Cauthen while still an undergraduate and under the advisement of Cauthen. \u201cNo one, at [the] time, wanted to report [the] relationship, although urged them to,\u201d the individual said to Norins on Dec. 4. In the course of the investigation, Norins\u2019 said in her Jan. 21 letter, Cauthen acknowledged to her that past incidents \u201coccurred within a context of, at times, blurred professional and friendship boundaries\u201d between himself and student affairs employees whom he supervised. \u201cBased on the information obtained through the investigation find that your friendship with some of the male [redacted] took on, at times, a flirtatious or sexual component,\u201d Norins wrote in her Jan. 21 letter. \u201cThis blurring of boundaries between you, as the supervisor/mentor, and the [redacted], as your supervisees/mentees created, at minimum, the risk of abuse of authority given your comparative position of power, both within the University as well as within the national collegiate Student Affairs field\u2026\u201d \u2018Extensive review\u2019 Under section of UGA\u2019s current policy, the university \u201cprohibits all faculty and staff, including graduate assistants, from pursuing or engaging in dating or sexual relationships with any student whom they currently supervise, teach, or evaluate in any way.\u201d Despite the incident with the student in 2015, when the current policy was in effect, Cauthen was found not guilty of the type of sexual harassment the student reported, and today\u2019s policy did not apply during the time Cauthen was found by Norins to have had encounters with subordinates. Without a policy violation, Norins\u2019 only action, she said, would be to require annual training for all student affairs employees, graduate assistants and student workers on the policy\u2019s consensual relationships provision also encourage you and other Student Affairs administrators to be attuned to the potential for blurred boundaries given the nature of your profession, and to be vigilant in personally maintaining appropriate boundaries, proactively intervening where you see risk of transgression by others, and reporting any knowledge, whether direct or indirect, of potential violations of the current Policy to the \u2026\u201d she wrote to Cauthen on Jan 21. Jan Gleason, executive director of marketing and communications, said in an email to The Red & Black that training was offered Feb. 22, 24, 29 and Mar. 4. Having previously informed Wilson on Jan. 7 of the complaint against Cauthen, Norins wrote to Wilson again on Jan. 12 detailing the investigation\u2019s outcome. In this email, Norins noted a gray area between official policy and employer discretion in responding to possible misconduct. \u201cAlso, please note that, pursuant to Section II.E.1 of the Policy, following the conclusion of the investigation, Student Affairs will retain the authority to address any unprofessional or inappropriate behavior found during the course of the investigation that did not rise to the level of violating the Policy,\u201d Norins wrote. After the investigation concluded, Cauthen evidently became concerned by this gray area. On Jan. 29, he wrote to Norins inquiring about whether \u201cextensive review of files\u201d is usual and whether termination of a contract employee after internal review but non-violation of policy would constitute retaliation. \u201cAs you can imagine this extensive review, particularly when found not in violation feels like I\u2019m being targeted,\u201d Cauthen wrote to Norins. \u201cIt is having a physical and emotional toll on my health, and am genuinely concerned.\u201d Review of the investigation by Whitten and Wilson led to Cauthen being \u201cimmediately relieved of all duties within the Division of Student Affairs, prohibited from having any further interaction with students, notified that his annual contract would not be renewed when it expired on June 30, 2016\u201d and reassigned to academic affairs, according to a statement by Bob Taylor, the program specialist in the division of marketing and communications. Reassignment of another administrator suspected of misconduct at raised eyebrows recently; in November, a Channel 2 Action News investigation showed reassigned Deborah Dietzler from her position as executive director of alumni relations after the internal auditing division found Dietzler had defrauded the university. But in Cauthen\u2019s case, Taylor said, the university \u201cmoved aggressively to remove Dr. Cauthen from campus\u201d while remaining in compliance with Board of Regents policy. Investigation of additional information led to Cauthen being placed on administrative leave and restricted from campus on Feb. 15. He resigned Feb. 19, effective May 6. \u201cAt all times, the University\u2019s handling of this matter was guided by the best interests of its students and the University community, in compliance with applicable policies and procedure.\u201d Taylor said in his statement to The Red & Black. \u201c...Due to the timely resignation, these procedural requirements for removal were ultimately avoided.\u201d \u2014Nicolle Sartain contributed to this report. How we got the story: In early February, The Red & Black received a tip from a student that T.W. Cauthen was no longer working in the Division of Student Affairs. On Feb. 10, The Red & Black sent an open records request to the University of Georgia for emails between Victor K. Wilson and Cauthen regarding his reassignment. On March 1, The Red & Black was provided a copy of the letter informing Cauthen of his reassignment, and learned there had been an Equal Opportunity Office investigation follow-up request for all documentation pertaining to the investigation was filed that same day. On April 29, The Red & Black received 181 pages of investigation documents. If you have additional information about this story, or wish to offer any other feedback, email us at [email protected]. T.W. Cauthen administrative leave May 3, 2016 T.W. Cauthen letter May 3, 2016 T.W. Cauthen reassignment May 3, 2016 T.W. Cauthen resignation May 3, 2016 officially terminates position Glenn Parker, Purdue professor hired in the School of Public and International Affairs Tags Uga University Of Georgia Georgia Bulldogs Bulldawgs Athens Administration T.w. Cauthen Victor Wilson Pamela Whitten Equal Opportunity Office Clare Norins Student Affairs Academic Affairs Administrative Leave Resignation Resigns Reassignment Investigation Sexual Harassment Harassment in the classroom: Three investigators decide harassment, discrimination cases on an individual basis at", "7729_102.pdf": "Atlanta Must Reads for the Week: @RapedAtSpelman, gun-grabbing toddlers, and the quixotic quest to build a $100 million soul food museum Plus, Vernon Jones\u2019s latest and greatest run for office, why DeKalb County\u2019s black homeowners haven\u2019t recovered like whites, and a dean\u2019s Grindr gaffe. Emily Badger for the Washington Post on racial disparities in DeKalb County\u2019s housing recovery Following the Great Recession, many white homeowners have recovered better than black homeowners. That racial disparity is particularly evident in south DeKalb County, where homes are worth significantly less than similar-sized residences in the northern half of the county, which is mostly white. Badger reports: When the new subdivisions were rising everywhere here in the 1990s and early 2000s, with hundreds and hundreds of fine homes on one-acre lots carved out of the Georgia forest, the price divide between this part of De\u00adKalb County and the northern part wasn\u2019t so vast. Now, a house that looks otherwise identical in South DeKalb, on the edge of Atlanta, might sell for half what it would in North DeKalb. The difference has widened over the years of the housing boom, bust and recovery, and Wayne Early can\u2019t explain it 6, 2016 Courtesy Joeff Davis/Creative Loafing The people here make good money, he says. They have good jobs. Their homes are built of the same sturdy brick. Early, an economic development consultant and real estate agent, can identify only one obvious difference that makes property here worth so much less. \u201cThis can\u2019t happen by accident,\u201d he says. \u201cIt\u2019s too tightly correlated with race for it to be based on something else.\u201d The communities in South DeKalb are almost entirely African American, and they reflect a housing disparity that emerges across the Atlanta metropolitan area and the nation. According to a new Washington Post analysis, the higher a zip code\u2019s share of black residents in the Atlanta region, the worse its housing values have fared over the past turbulent housing cycle. Read: Around Atlanta, the housing recovery\u2019s great divide is in stark black and white Rodney Carmichael in Creative Loafing on the chef who\u2019s trying to build a $100 million soul food shrine Kenneth Willhoite has a dream: To build a $100 million World Soul Food Museum. In this week\u2019s Creative Loafing cover story, Carmichael profiles the chef who\u2019s on quixotic mission to turn Atlanta into an international soul food capital: Kenneth Willhoite, 56, likes to do things big traveling caterer and chef, he\u2019s prepared food for big events ranging from the 1995 Million Man March to the 2016 Masters Golf Tournament. By day, he chefs at Prime Meridian, the Omni Hotel restaurant at Center with the big Downtown view. Each year, he gives big-name honorees one of his huge trophies on the floor of the Georgia State Capitol. He\u2019s cooked for big-timers from Gladys Knight to Jesse Jackson. Last year, his museum broke ground on a garden in East Point with a name so big it reads like a run-on sentence. It\u2019s called the World Soul Food Museum Michelle Obama White House Community Garden. The name of his former culinary association is pretty big, too: The National African-American Culinary Arts and Hospitality Association. That\u2019s for short. He\u2019s even received recognition from Gov. Nathan Deal for the Soul Food Museum\u2019s \u201ccolorful collection of nostalgic Soul Food history.\u201d Yet none of that compares to his outsize vision for the future home of the World Soul Food Museum. It encompasses four centuries of contributions by African-Americans to culinary arts, hospitality, and agriculture. To complete the museum, he wants to raise $100 million over the next three years. That\u2019s nearly twice the cost of Downtown\u2019s National Center for Civil and Human Rights. But there\u2019s no comparison in Willhoite\u2019s eyes. \u201cIts [focus is] just civil rights. So that\u2019s understandable. We\u2019re culinary arts, hospitality, and agriculture. We\u2019re three entities,\u201d he says. \u201cThat\u2019s vast, that\u2019s humongous, and a hundred million dollars is not enough, truly, to do what we want to do.\u201d Read: Soul-Saving Mission The New York Times on toddlers killed by their own gunshots In a single week last month, four curious toddlers got their hands on loaded firearms that led to their deaths. Four reporters\u2014Jack Healy, Julie Bosman, Alan Blinder, and Julie Turkewitz\u2014traveled across the country, including Dallas, Georgia, to report on what led to the preventable tragedies: Holston Cole was 3, a boy crackling with energy who would wake before dawn, his pastor said. He loved singing \u201cJesus Loves Me\u201d and bouncing inside the inflatable castle in his family\u2019s front yard in Dallas, Ga. About 7 a.m. on April 26, he found a .380-caliber semiautomatic pistol in his father\u2019s backpack, according to investigators. The gun fired, and Holston\u2019s panicked father, David, called 911. Even before a dispatcher could speak, Mr. Cole wailed \u201cNo, no!\u201d into the phone, according to a redacted recording. Mr. Cole pleaded for his 3-year-old son to hold on until the ambulance could arrive: \u201cStay with me, Holston,\u201d he can be heard saying on a 911 tape, his voice full of desperation. \u201cCan you hear me? Daddy loves you. Holston. Holston, please. Please.\u201d Holston was pronounced dead that morning. The local authorities have been weighing what can be a difficult decision for prosecutors and the police after these shootings: Whether to charge a stricken parent or family member with a crime. While laws vary among states, experts said decisions about prosecution hinge on the specific details and circumstances of each shooting. What may be criminal neglect in one child\u2019s death may be legally seen as a tragic mistake in another. Read: One Week in April, Four Toddlers Shot and Killed Themselves The anonymous tweets of a Spelman College student who allegedly endured a gang rape and a cover-up On Monday night, an anonymous Spelman College freshman student posted a series of tweets from @RapedAtSpelman that claimed she was gang-raped by four Morehouse College students. When she filed a complaint, a dean at the school allegedly told her to give her attackers a \u201cpass.\u201d The tweets themselves are worth a read. Buzzfeed News, which has previously covered sexual assaults at Spelman, also has a thorough recap of the university\u2019s response: The woman\u2019s experience of reporting a sexual assault between the two colleges\u2014and officials pushing back on the idea that black women at Spelman are expected to protect black men at Morehouse\u2014echo issues that students and faculty have attempted to address for decades. Both colleges are currently under federal investigation by the Department of Education for possible violations to Title IX, the federal law that prohibits sex discrimination in education. In January, BuzzFeed News detailed the experiences of two Spelman students assaulted by Morehouse students who encountered obstacles reporting sexual assaults to authorities on both campuses. In the wake of the article, both colleges sent campus emails announcing changes to their sexual assault policies and initiatives. This week\u2019s \u201cRaped At Spelman\u201d tweets inspired two hashtags\u2014#RapedByMorehouse and #RapedAtSpelman\u2014that circulated widely within the college system. Many students, faculty, and others expressed support for the woman and called for both colleges to do more to address sexual violence and the gender and racial dynamics that often make it difficult for black women to report assaults by black men. Read: @RapedAtSpelman tweets Read: Anonymous Account Of Gang Rape Sparks Outrage At Spelman And Morehouse Bill Torpy for the Atlanta Journal-Constitution on Vernon Jones\u2019s latest political campaign Vernon Jones is running for yet another elected post. Torpy muses on why the colorful and controversial former DeKalb has a shot at winning a House seat: When elected in 2000, it seemed the savvy Jones was destined for Congress or better. But a mean streak also surfaced. He believes everyone has it out for him. In past elections, he has tried humility and has tried umbrage. Neither worked. This time, he\u2019s touting experience, saying he\u2019ll use his connections and years in politics to fight for a district that has seen home values plummet and not come back. He\u2019ll focus on DeKalb\u2019s \u201cgood old days,\u201d on balanced budgets, new libraries, senior citizen centers and increased green space. He\u2019ll avoid discussing how a federal lawsuit found that his administration discriminated against white employees. Or how it cost DeKalb millions in attorneys\u2019 fees. Or how a special grand jury in 2013 recommended investigating Jones for possible bid-rigging. Read: Vernon\u2019s last stand. Again. Leighton Rowell for the Red and Black on a dean\u2019s Grindr gaffe University of Georgia associate dean T.W. Cauthen parted ways with the school after engaging in \u201cinappropriate\u201d relationships with students\u2014including exchanging messages through Grindr, a dating app designed for gay men. Rowell, a Sandy Springs native, offers the curious account of what led to Cauthen\u2019s resignation: It was not until about 30 text messages later, when Cauthen sent the student another photo of himself, that the student recognized Cauthen. \u201cOh, hey right?\u201d the student said [might] have come over yesterday if I\u2019d realized it was you.\u201d Apparently confused at the student\u2019s recognition, Cauthen changed his tone. \u201cI\u2019m guessing you know me but don\u2019t know you. Whoops. This is why don\u2019t usually talk to folks under 22. But then again you fooled me with your age. Lol,\u201d he said. \u201cDidn\u2019t realize you were still in school until we started chatting.\u201d The student\u2019s tone changed, too. \u201cI\u2019m even more attracted now \u2026 Do you still want me to come over?\u201d he asked after a few more texts were exchanged wish that could happen. But I\u2019m thinking that would be inappropriate. Don\u2019t you?\u201d Cauthen replied. The student said he didn\u2019t know, that Cauthen should not feel embarrassed about the situation and that he, the student, was \u201cgood with confidentiality few text messages later, Cauthen expressed his disappointment, and the conversation ended shortly thereafter. Read: Investigation: T.W. Cauthen, associate vice president for student affairs, resigns from", "7729_103.pdf": "Georgia Journal of College Student Affairs Georgia Journal of College Student Affairs Volume 30 Issue 2 1-1-2014 Georgia Journal of College Student Affairs Georgia Journal of College Student Affairs Georgia College Personnel Association (GCPA) Follow this and additional works at: Part of the Higher Education Administration Commons Recommended Citation Recommended Citation (GCPA), G. (2014). Georgia Journal of College Student Affairs. Georgia Journal of College Student Affairs, 30(2), 1-139. This complete issue is brought to you for free and open access by the Journals at Georgia Southern Commons. It has been accepted for inclusion in Georgia Journal of College Student Affairs by an authorized administrator of Georgia Southern Commons. For more information, please contact [email protected]. Fall 2014 Georgia Journal 1 Georgia College Student Personnel (GCPA) Georgia Journal of College Student Affairs Special Edition: Academic and Student Affairs Collaborations Guest Editors Candace E. Maddox, Ph.D. T.W. Cauthen III, Ph.D. Diane L. Cooper, Ph.D. Journal Editor Brenda Marina, Ph.D. Fall 2014 The Georgia Journal of College Student Affairs Copyright 2014 The Georgia College Personnel Association All Rights Reserved 2330-7260) Online 2330-7277) Print Fall 2014 Georgia Journal 2 Table of Contents Introduction Candace E. Maddox, Ph.D., T.W. Cauthen III, Ph.D., & Diane L. Cooper, Ph.D. 3 African-American Male Initiatives: Collaborating for Success Zoe M. Johnson 12 Conceptual Model for Collaboration to Combat the Summer Melt of Students from Low-Income Backgrounds Carrie V. Smith 36 Behavioral Intervention Teams Campus Wide Collaboration Douglas Bell 55 Developing Faculty-Staff Collaborations to Foster a Culture of Environmental Justice Andrew M. Wells 68 Undergraduate Research Experiences: An Opportunity for Academic and Student Affairs Collaboration Tiffany J. Davis, Ph.D. 80 Collaborating with Academic Affairs to Cultivate Environments that Support Student Integrity J. Matthew Garrett, Ph.D. & Alex C. Lange 95 Collaborative Efforts: Raising Students\u2019 Multicultural Consciousness through Academic Affairs and Student Affairs Partnerships Shannon R. Dean, Ph.D. 108 Collaborating for Professional Development Jillian A. Martin 127 Fall 2014 Georgia Journal 3 Introduction Candace E. Maddox, Ph.D. T.W. Cauthen, Ph.D. Diane L. Cooper, Ph.D. Fall 2014 Georgia Journal 4 Collaborative efforts have long been viewed as an important activity for student affairs functional units. Reaching out to the campus community is valued by our profession, yet frequently there has been a perceived lack of reciprocity that can make the process feel one sided. Challenges and opportunities are inherent within collaborative work between academic and student affairs. The literature shares high impact opportunities (Kuh, 2008), and this volume seeks to extend those by sharing the powerful impact collaborations have on shifting campus cultures and building collectives around special populations. Collaboration in Student Affairs Collaboration is a hallmark of the student affairs profession. Even as early as the Student Personnel Point of View in 1937 (American Council on Education), the profession recognized that in order to pursue the development of the whole student, institutional actors must collaborate. This was affirmed again through Powerful Partnerships (American Association for Higher Education [AAHE], American College Personnel Association [ACPA], & National Association of Student Personnel Administrators [NASPA], 1998). As the profession has matured, these collaborations have increased and broadened (Kezar, Hirsch, & Burack, 2001; Kezar & Lester, 2009; Schuh & Whitt, 1999). They occur through partnerships such as living-learning communities, service-learning experiences, diversity and global learning, community-based learning, first-year seminars and experiences, and planning teams to name a few. Furthermore, while these connections between academic affairs and student affairs have always been valued and even documented as high impact educational practices (Kuh, 2008), there always seems to be some difficulty in creating and sustaining them. Candace E. Maddox, Ph.D., Academic Associate & Coordinator of Ed.D. Student Affairs Leadership Program, Counseling and Human Development Services, University of Georgia T.W. Cauthen III, Ph.D., Assistant Vice President for Student Affairs & Adjunct Assistant Professor, Counseling and Human Development Services, University of Georgia Diane L. Cooper, Ph.D., Professor, Counseling and Human Development Services, University of Georgia Fall 2014 Georgia Journal 5 Hancock and Boyd (2013) suggested that this challenge is a derivative of intercultural sensitivity (or lack thereof) in campus collaborations. If we view academic and student affairs as two distinct sub-cultures within academia, then the extent to which partners\u2019 perceptions and understandings of those differences can have significant impact on the success of collaborations between the two sub-cultures (Hancock & Boyd). The key, then, is to concern ourselves with building capacities for shared goals (e.g., student learning, institutional accountability and quality, etc.) and, subsequently, a movement from a denial of difference to an integration of those differences in a way that produces synergistic approaches to this work. Beyond the proven nature of high impact practices (Kuh, 2008), the changing landscape of assessment, external accountability and return on investment for higher education underscores the necessity of partnerships and collaborations between academic and student affairs. No longer can or should we go about our everyday work in silos without acknowledging the importance that each group plays in student learning, growth, development, and ultimately, student retention, progression, and graduation. No institution, public or private, is exempt from this conversation. For example, in the state of Georgia, the governor-appointed Higher Education Funding Commission recently released a report listing measures that would reward student achievement and results in higher education (e.g., graduation rates, credit hour thresholds), rather than mere enrollment (Higher Education Funding Commission, 2012). This shift in the funding model for the University System of Georgia is a key indicator that, more than ever, a collaborative approach between academic and student affairs is essential. Both student and academic affairs should develop collaborative approaches to student learning and engagement that have transformative impacts across campus. Outcomes of Leveraging Collaboration Dr. Joe Cuseo, a professor of psychology at Marymount College in Palos Verde, CA, proposed five areas where collaboration can bring about significant changes on a college campus Fall 2014 Georgia Journal 6 resulting in bringing everyone together for the shared goal of improving the college experience for students (n.d.). First, he noted that all areas of campus should be working together to ensure everything possible is done to increase the retention of students. He pointed to the writing of Pascarella and Terenzini (2005) whose review of 2500+ research studies showed that collaboration creates opportunities for students to engage with the campus through a variety of processes, which in turn, keep students enrolled in classes through to graduation. More recently, Inside Higher Education noted that some institutions are even asking faculty and student affairs staff to call individual students to increase retention rates (Rivard, 2014). Collaborations to maximize student learning was the second concern Cuseo (n.d) noted. He discussed the role college attendance has on the overall growth and development of college students emphasizing the importance of student affairs and academic affairs working together. His third point, advancing institutional assessment, accountability, and quality showed the importance of being able to measure the outcomes of collaboration to show stakeholders the impact of the efforts. According to Cuseo, \u201cunification of the professional forces of academic and student affairs is necessary in order to ensure the quality of undergraduate education because the total effect or impact of college encompasses both curricular and co-curricular programming, and comprehensive outcomes assessment embraces both in-class and out-of-class student experiences\u201d (p. 3). Development of the whole person is often a stated goal of student affairs programs and services. Cuseo (n.d) made the distinction that general education serves a parallel process in the academic community of educating the individual to broad and far-reaching pieces of knowledge. Many overarching collaborations could be achieved through merging our approaches to fully educate students. Finally, Cuseo (n.d.) said \u201cthe recurrent theme in these scholarly works is that there is a schism between the curriculum and co-curriculum, marked by compartmentalization of professional Fall 2014 Georgia Journal 7 responsibilities and divisive political territoriality, which has resulted in a splintering of holistic student development and liberal education into disjointed parts. These fragmented components need to be reassembled if collegiate institutions intend to promote productive partnerships and build campus community\u201d (p. 5). We need to build community to fully achieve a seamless learning and living environment for our students (Boyer, 1990). Collaborative methods should be employed and embraced to meet this goal. Innovative Approaches to Academic and Student Affairs Collaborations The articles included in this special edition highlight both the opportunities and challenges inherent in this work and emphasized why the approach we take is just as important as the collaboration itself. The authors of the articles explore the aforementioned tenets examined by Cuseo (n.d.) as a means for engaging in the complexities inherent in student and academic affairs collaborations. As highlighted by articles included in the journal, the authors share innovative approaches to building collectives around special populations and collaborations that focus on shifting campus culture. Building Collectives for Special Populations As mentioned earlier, collaborations are driven by a variety of reasons; one of those reasons is providing intentional approaches to serving special populations. The first article, authored by Zoe Johnson, explores contextual factors that influence the recruitment, retention, and graduation rates for African-American males in higher education through the establishment of an African American Male initiative (AAMI). Outlined in the next article by Carrie Smith is a suggested model for postsecondary institutions to address the growing problem of summer melt among students from low-income backgrounds inclusive of student affairs, admissions, counselor education graduate programs, K-12 counselors, and financial aid as partners in the process. The model is an example of collaborating for the purpose of addressing retention of this Fall 2014 Georgia Journal 8 special population. Lastly, for this section, an article by Douglas Bell that incorporates a focus on student learning and retention through assessment and accountability examines collaborations for distressed students. Campus behavioral intervention teams vary greatly from campus to campus; they provide a unique opportunity for collaboration with various stakeholders in the campus community. The articles in this section provide helpful insight and direction for building collectives for special populations. Shifting Campus Culture Inherent in collaborations are the impacts on the campus community. The collection of articles in this section of the special issue focuses on engaging in collaborations as a catalyst for shifting campus culture. In this section of the journal, the first article by Andrew Wells examines the potential for student and academic affairs collaborations to enhance students\u2019 learning concerning environmental justice through liberal arts education. This article directly relates to the importance of maximizing student learning and building community concepts outlined by Cueso (n.d). Next, Tiffany J. Davis explores the utility of collaborations to inform implications of general education through undergraduate research experiences. As mentioned earlier, collaborative efforts that promote the general education core of the institution advance student engagement and learning in the academic community. Moreover, the next article by J. Matthew Garrett and Alex C. Lange includes research and implications for creating academic and student affairs collaborations that support the development of students\u2019 integrity and values clarification. The authors of this piece view collaborations as an opportunity to influence the campus using an environmental lens. Next, Shannon R. Dean authors a presents a need to shift language around multicultural competence to multicultural consciousness, and identifies the importance of collaboration between academic and student affairs around multicultural Fall 2014 Georgia Journal 9 consciousness to enrich student learning and development. The special issue concludes with an article authored by Jillian A. Martin that includes a collaborative approach to professional development between academic and student affairs personnel. Related to the foundational underpinnings of the student affairs profession, this article illuminates the collective investment of student and academic affairs in the overall learning and engagement of students. Each article in this section serves to advance the narrative on using collaborations as a means for shifting campus culture. This special issue of the Georgia Journal goes beyond the surface discussion on academic and student affairs collaborations and instead, provides insightful positions on the topic. Moreover, the articles included provide innovative approaches to collaborations, the associated nuances, and implications for academic and student affairs practice. Fall 2014 Georgia Journal 10 References American Association for Higher Education, American College Personnel Association, & National Association of Student Personnel Administrators. (1998). Powerful partnerships shared responsibility for learning. Washington, DC: Authors. American Council on Education. (1937). The student personnel point of view. Washington, D.C.: Author. Boyer, E. L. (1990). Campus life: In search of community. Princeton, NJ: The Carnegie Foundation for the Advancement of Teaching. Cuseo, J. (n.d.). The case for promoting partnerships between academic & student affairs. Retrieved from FA33FEF29929/0/TheCaseforPromotingPartnershipsBetween.pdf. Hancock, L., & Boyd, K. D. (2013, October 29 synergistic approach to higher education: Academic and student affairs. Webinar sponsored by NASPA: Student Affairs Administrators in Higher Education Student Affairs Partnering with Academic Affairs Knowledge Community. Higher Education Funding Commission. (2012). Report to Governor Deal. Retrieved from ations%20of%20the%20Higher%20Education%20Funding%20Commission.pdf Kezar, A., Hirsch, D. J., & Burack, C. (Eds.). (2002). New Directions for Higher Education: No. 116. Understanding the role of academic and student affairs collaboration in creating a successful learning environment. San Francisco, CA: Jossey-Bass. Kezar, A. & Lester, J. (2009). Organizing higher education for collaboration guide for campus leaders. San Francisco: Jossey-Bass. Fall 2014 Georgia Journal 11 Kuh, G. D. (2008). High-impact educational practices: What they are, who has access to them, and why they matter. Washington, DC: Association of American Colleges and Universities. Pascarella, E. T., & Terenzini R. T. (2005). How college affects students third decade of research (Vol. 2). San Francisco, CA: Jossey-Bass Rivard, R. (2014). Professors calling students. Inside Higher Education. Retrieved from are-asked-get-involved-student-retention Schuh, J. H., & Whitt, E. J. (Eds.). (1999). New Directions for Student Services: No. 87. Creating successful partnerships between academic and student affairs. San Francisco, CA: Jossey-Bass. Fall 2014 Georgia Journal 12 African-American Male Initiatives: Collaborating for Success Zoe M. Johnson This article provides guidance for those looking to establish an African-American Male Initiative (AAMI) on their campus. The hallmark of a strong is collaboration. This article explores contextual factors that influence the recruitment, retention, and graduation rates of African- American males in higher education. It includes the development and growth of the University of Georgia\u2019s African-American Male Experience. Reflections and recommendations are provided along with an in-depth review of collaborative challenges and questions to ask in launching an collaboration on any campus. Fall 2014 Georgia Journal 13 Increasing the rate of postsecondary degree attainment in the United States is an ongoing goal pursued vigorously by national leaders, educators, scholars, think tanks, and foundations alike (Harper & Harris, 2012). In pursuit of that aim, dissecting enrollment, retention, and graduation rates serve an important role in understanding the larger context of how different groups of students are faring in the American higher education environment. This data has produced a grim picture of African American males in the collegiate setting. African-American male collegians are often characterized as \u201cone of the most underrepresented, stereotyped, disengaged, and lowest performing students on college and university campuses\u201d (Harper & Harris, 2012, p. 2). Researchers and the popular press have called attention to high rates of attrition, achievement gaps, academic unpreparedness, and low levels of engagement in an effort to make the intricacies of the problem clear (Harper & Kuykendall, 2012; Pope, 2009). In response, educational institutions alongside community stakeholders have sought to eliminate disparities using varying strategies. In the last several years, initiatives focusing on the persistence, retention, and success of African-American males in education have emerged around the nation (Wood, 2011). Across institutional types, administrators and educators have increasingly focused attention and efforts on this population of students. The American Association of Community Colleges chronicles all such programs in their Minority Male Student Success Database (2014). While a similar database has not emerged for 4-year institutions, even a cursory internet search reveals scores of programs. In 2012, the Center for the Student of Race and Equity in Education, the Pathways to College Network, and the Institute for Higher Education Policy produced a report entitled, Men of Color that offers a snapshot of current initiatives aimed to address the condition of college Zoe M. Johnson, Director of Multicultural Services and Programs & doctoral student in the College Student Affairs Administration Ph.D. program, University of Georgia; Co-project Director for the Georgia African-American Male Experience (GAAME), University of Georgia Fall 2014 Georgia Journal 14 success for Black undergraduate men (Harper & Harris, 2012). In 2002, the Board of Regents of the University System of Georgia launched an African- American Male Initiative (AAMI) aimed at increasing the enrollment, retention, and graduation rates of African-American males at system schools (University System of Georgia, 2012). The initiative makes grant funds ranging from $10,000 to $30,000 available to system schools creating or sustaining a campus AAMI. Over the last twelve years, the program has grown around the state of Georgia from three to twenty-five participating institutions, and noteworthy outcomes have ensued. As a whole, the enrollment of Black male students in the system has increased by 80%. In 2009, the Lumina Foundation for Education joined the effort expanding the reach and subsequent impact of the system-wide effort. In early 2014 President Barack Obama launched an initiative designed to build ladders of opportunity for boys and young men of color. My Brother\u2019s Keeper aims to identify and promote community, philanthropic, and private sector partnerships that are successful in connecting men of color to the mentoring, support, and skill development needed to be competitive in the job sector and collegiate setting (The White House, Office of the Press Secretary, 2014). This initiative seeks to bolster existing efforts and improve the educational and employment outcomes for men of color. It is no surprise that collaboration is at the core of both the University System of Georgia\u2019s and My Brother\u2019s Keeper presidential initiative. Seminal literature in student affairs has long touted the value and impact of collaboration done well. The future success of higher education is wholly dependent on collaborations not solely limited to within the academy (i.e. academic affairs and student affairs), but collaborations that include other sectors as well (Association of American Colleges and Universities [AAC&U], 2002). Powerful Partnerships: Fall 2014 Georgia Journal 15 Shared Responsibility for Learning taught us that acting in concert toward common goals allows us to best use accumulated understanding (American Association for Higher Education [AAHE], American College Personnel Association [ACPA], & National Association of Student Personnel Administrators [NASPA], 1998). This article is the story of how one collaboration did just that and how this program can be replicated on other campuses. The Georgia African- American Male Experience (GAMME) at the University of Georgia took root and blossomed around the shared goal of African-American male recruitment, engagement, and success. Literature Review review of the literature highlights an educational experience for African-American males fraught with difficulty. Before even entering the collegiate landscape, the barriers are plentiful (Palmer, Davis, & Hilton, 2009). The brief literature review to follow will further explore the historical and present day challenges facing African-American men in accessing and persisting in post-secondary education Leaky Faucet: African American Males in the Educational Pipeline To begin to understand the African American male collegiate experience, one must first examine the pathway to college. Systemic barriers hindering advancement to the post-secondary environment are commonplace in literature examining the K-12 experience of African-American males (Palmer et al., 2009). In primary and secondary schools, teachers and counselors are more likely to impose negative expectations on Black males than upon their White counterparts. As such, African American males are disciplined in greater frequency and severity than White students (Palmer et al., 2009). Overwhelmingly concentrated in special education, African- American males are underrepresented in gifted education and Advanced Placement courses. Fall 2014 Georgia Journal 16 These factors have a strong impact on the presence, or lack thereof, of African American men in the collegiate setting (Davis, 1994). African-American Males in College African-American men have a long history of breaking down barriers in pursuit of educational attainment. Prior to the 1954, Oliver L. Brown et.al. v. the Board of Education of Topeka (KS) et. al. (U.S. Department of Justice, Civil Rights Division, 2006) decision, the vast majority of African-Americans could only attend historically Black colleges and universities (Newman, Mmeje, & Allen 2012). Since that time, African-American students have gained access to predominantly White institutions primarily by way of coercive legal mandate. While the doors to the ivory tower legally opened following the landmark case, equality of opportunities has been a more difficult barrier to overcome. Across all historically marginalized racial, ethnic identities, more progress has been made by women earning postsecondary degrees than men (Palmer et al., 2009). This gender difference is especially pronounced among African-Americans. No statistics is more telling of that reality than those related to enrollment of African-American males in post-secondary education. An equitable distribution would mean the proportion of individuals from any social identity in higher education mirrors the ratio of that group in the general population. Such a parallel suggests that opportunities and access are relatively equitable giving everyone the chance to achieve a college degree should they so desire. In 2004, African-American males represented 7.9% of the 18\u201324 year olds in U.S. population (Harper, 2008). At flagship institutions across the nation, the average enrollment of African-American male undergraduates was 2.8% (Harper, 2008). The number increases slightly to 4.3% African-American male undergraduates at all institutions of higher education. Fall 2014 Georgia Journal 17 The Invisible Man In a post\u2013 Oliver L. Brown et al. v. the Board of Education of Topeka (KS) et al. (U.S. Department of Justice, Civil Rights Division, 2006) America, scholars from a variety of disciplines have written reports, studies, and books about African-American males in college. The extent of this body of research over the past several decades can be characterized by the following outcomes or identified challenges: financial pressures; experiences of racism; academic difficulty; maladjustment; and collegiate dissatisfaction (Dancy, 2012). Practitioners have responded to these findings by placing substantial emphasis on the recruitment, retention, and graduation of African-American students (Valbrun, 2010). Recommendations for practice are often linked to campus climate, academic support, co- curricular opportunities, and cultural sensitivity of faculty and staff; all of which are important (Hilton, Wood, & Lewis, 2012). However, often overlooked is the important combination that institutional intentionality and social support play in student achievement. The voices of African-American college men are often misunderstood or ignored (Davis, 1994). The world, and by extension the campus community, is often eager to place them in the limiting boxes of stereotypes that marginalize their presence and have the potential to make the educational environment hostile. This is particularly true when their experiences and interests vary from the limited constructed view that others have for them (Davis, 1994). Viewed by some as benign neglect and others as systemic oppression, being invisible has implications on the collegiate experience for African-American males (Horne, 2007). Educational attainment for African American males is closely aligned with \u201cfeelings of support and congruence with institutional norms\u201d (Dancy, 2012, p. 18). African-American men at predominantly White institutions (PWIs) Fall 2014 Georgia Journal 18 in particular may find themselves at odds with the institutional cultural, norms, or ways of being. Informal campus codes of behavior may be difficult to decipher without a trusted guide, making attempts to fit in a challenge. Simultaneously wrestling with high family or community expectations and the low academic or campus expectations can result in feeling like an outsider in both worlds (Davis, 1994). Social isolation is an impediment to academic achievement for African-American male college students at PWIs (Hilton et al., 2012). However, understanding and crafting experiences that acknowledge the individual and social nature of learning can create powerful learning environments. It Takes a Village Partners around the academy play an important role in creating a web of support for vulnerable populations (Bourassa & Kruger, 2002). College by its very nature can be stressful, and all students are susceptible to the negative implications of that stress on academics and health (Negga, Applewhite, & Livingston, 2007). Research shows that perceived social support serves as a buffering agent against stress (Anderson, Goodman, & Schlossberg, 2012; Xueting, Hong, Bin, & Taisheng, 2013). In order to positively impact the experience of African- American male students, campus communities must be clear in conveying (in word and deed) that these students feel valued, loved, and respected. Social support and active engagement in school help make learning, development, and persistence to degree completion possible (Stanton-Salazar, 2011). Pro-academic identities that support achievement are shaped in part by connections to supportive others such as school administrators, faculty, and peers (Stanton- Salazar, 2011). African-American Male Initiative Exemplars Fall 2014 Georgia Journal 19 The College Board Advocacy and Policy Center identifies two exemplary programs in the areas of persistence and retention as significantly impacting the educational experience of young men of color (The College Board, 2014). The Todd A. Bell National Resource Center of the African American Male at The Ohio State University and Multicultural Student Retention Services at Kennesaw State University are noted exemplars in this area of work. The Bell National Resource Center on the African American Male at The Ohio State University (OSU) opened in September 2005 (The Ohio State University, Office of Diversity and Inclusion, Bell National Resource on the African American Male, 2014). In the years since being established the Center, is well on its way to achieving the vision to become the premier resource on issues pertaining to the African-American Males across the lifespan. Positioned at the heart of the campus, the Bell Center endeavors to improve the retention and graduation rates of Black males. The Center conducts robust research and evaluations to inform social policy and uses evidenced based programs that can be replicated at other institutions. Perhaps most known for their signature African American Male Retreat, other program offerings include an early arrival program, Todd Bell Lecture Series, Leadership Institute, recognition ceremony, and mentoring continues to see increases in the graduation rates of African-American males since the Center opened its doors (The Ohio State University, Office of Diversity and Inclusion, Bell National Resource on the African American Male, 2014). The fastest growing school in the University System of Georgia, Kennesaw State University (KSU), is located 20 miles north of Atlanta (Kennesaw State University, 2014). The campus serves more than 24,600 undergraduate and graduate students and has a national reputation that continues to strengthen. Housed within Multicultural Student Retention Services, the African American Male Initiative exists as a partnership with faculty, staff and students Fall 2014 Georgia Journal 20 aiming to increase enrollment, retention, and graduation rates of students. Mentoring, leadership development, and the celebration of achievement are the cornerstones of the AAMI, the key feature of which is a summer bridge program. Bridge programs are designed to acclimate pre-collegiate and freshmen students to college life and expectations reports that the has made a significant positive impact on the academic and social success of Black male students on their campus (Kennesaw State University, 2014). Creating an African American Male Initiative With strong collaborations, institutions of all sizes and types can create a successful AAMI. Considering contextual factors, building a team, using campus data, and pursuing varied sources of funding will help you start with the end in mind. The section to follow seeks to bridge the theoretical and practical in exploring the process of creating an African American Male Initiative on any campus. Contextual Factors that Build Momentum Timing and context are important often dictating the success of collaborations. Consider the institutional contextual factors at play and the ways in which that can enhance or thwart the momentum of creating a campus AAMI. Is your campus merging with another campus? Are new leaders or key partners eagerly looking to embrace an innovative new initiative? Are constricting budgets challenging your institution to identify ways to coalesce and streamline efforts? These and other contextual factors may provide the energy needed to advance the development of an AAMI. On my campus, there was the perfect storm of a national attention to the needs of Black men highlighted through My Brother\u2019s Keeper backed by President Barack Obama; a grant funding opportunity; a new University president with a keen interest in the experience of Fall 2014 Georgia Journal 21 underrepresented students; a previously dormant Black Male Leadership Society on campus that was poised to revitalize; and an Associate Provost with both the interest, relationships, and positional authority to convene an interdisciplinary group of campus and community partners. The resulting collaboration and the corresponding impact was magical. Building the Team Greater Expectations extends a powerful call to action about the interdisciplinary imperative in forming collaborative teams (AAC&U, 2002). As you identify partners for this endeavor, expand your thinking to include both the usual and not so usual suspects. Often we make assumptions about what colleagues in seemingly unrelated disciplines or functional areas may be willing to invest in a joint venture. Yes, people are busy and guarded about taking on additional responsibilities. However, casting a wide net and involving potential partners in the early stages of building your campus can ensure that everyone\u2019s interests are reflected in the final product. For my campus team, collaborators included the Office of Institutional Diversity, Multicultural Services and Programs, Undergraduate Admissions, the Office of the Vice- President for Student Affairs, Greek Life, faculty members from the College of Education, student leaders from the Black Male Leadership Society, Peach State Louis Stokes Alliance for Minority Participation, and a community civic leader. The educational backgrounds and disciplines of the professionals involved were extremely diverse including but not limited to Education, Engineering, Social Work, College Student Affairs Administration, African- American Studies, and English. Eventually applying the moniker Georgia African American Male Experience (GAAME) to the initiative, the group set out to create cohesive experiences and support mechanisms that would serve to increase the enrollment of African American males at Fall 2014 Georgia Journal 22 UGA, while maintaining already high retention and graduation rates through enhanced student engagement. In the early stages of any collaboration, dare to dream about the possibilities that could result. The team was driven by the grant process we knew we wanted to engage with. In this way, there was an existing template by way of the elements that would be required for the grant application. For institutions establishing an independent of grant funds, the possibilities may be even more esoteric making the dreaming stage all the more critical. Uninhibited dreaming becomes an important early stage as it allows partners to both build excitement and start the collaborative endeavor with the end in mind. Listen to the Data Within In planning an on your campus, see what story your institutional data is telling you early meetings focused on reviewing scores of institutional data to establish benchmarks and understand in context, a unique story revealed by our institution related to the experience of African-American males. It quickly became apparent that counter to national data and prevailing literature did not have a retention or graduation issue at all. To the contrary, once Black males matriculated to the University, chances were high that they would persist to graduation. Enrollment, on the other hand, was a different story altogether. Enrollment numbers were low, extremely low. Clearly, recruitment emerged as the primary challenge for our AAMI. What does your campus data reveal? The Grant Process If your campus chooses to pursue grant funding to support the work of your AAMI, familiarity with the requirements and expectations of the funding authority will help you structure a successful program. It\u2019s never too early to start planning for a grant application Fall 2014 Georgia Journal 23 process. Grants can be complex from application through stewardship. When pursued as part of a collaboration, early planning becomes even more imperative. For the team, the Board of Regents request for proposals to vie for funds came several months after initial explorations with the group began. By that time, data had been collected about campus needs and a clear plan had been identified for how a $10,000 initial year award could be utilized. It is recommended that the grant writing process be centralized with one person responsible for creating the first draft and maintaining subsequent iterations of the document as informed by collaborators. It is of benefit if the responsible party also has assessment duties connected to their institutional role. Once created, the draft can be shared with campus partners for review and edits prior to final submission. This proved efficient for the team by streamlining the process while still allowing for all to be involved and share ownership. In order for this strategy to succeed there must be sufficient lead-time built into the process to allow all partners adequate time for discussion, feedback, and integration prior to the final product. The Georgia African-American Male Experience Consistent with the needs identified in our data story, the program design included a two-pronged approach with a student recruitment element and student engagement strategy. Co-program directors were identified with responsibility for the recruitment weekend and on-campus student engagement focus respectively. The recruitment strategy was modeled after an existing overnight visitation program that had garnered considerable success on campus yielding (admissions term for having admitted students matriculate) a high percentage of admitted students of color. Modified to target Black males with the added focus of leadership and campus involvement opportunities, the inaugural recruitment weekend occurred during April 18-19, 2014. The program placed great emphasis on potential student interaction Fall 2014 Georgia Journal 24 with senior University leadership including the President, Vice-President for Student Affairs, and Associate Provost for Institutional Diversity. In addition, current student leaders; recent and prominent alumni; civic and community leaders that included the Sherriff, distinguished faculty, along with key university staff members, were included in hopes that the admitted students would see this outpouring of support evidenced by physical presence and commit to the University of Georgia. The fall 2014 matriculation numbers will tell of the true success, but early markers are nothing short of impressive. The goal was that 30 students would come to campus for a visit. The team was delighted to have 32 prospective students for the weekend. By all accounts, the visitation weekend was a tremendous success. Such success was made possible due to the long and at times arduous period of capacity building that preceded it. In this collaborative process, the team embraced the adage, \u201cIf you build it, they will come.\u201d Much of the building took the form of investing in the African-American male students that were already part of our campus community. Students were part of the collaboration from the onset and helped to inform the process in significant ways. We looked to them as our resident experts to inform us as to what attracted them to UGA. What kept them at the University, what were the challenges they experienced in this environment, and what were the opportunities to enhance the collegiate experience for themselves and the Black males to come. In asking these questions, we had to be prepared to hear the answer. Students do not always give our efforts rave reviews, but investing in them continues to be a worthy enterprise. Students want and need to know that people in their university community care for them and are willing to receive and respond to criticism in a way that demonstrates an ongoing commitment to student success (Johnson, 2014). Fall 2014 Georgia Journal 25 The team utilized the Black Male Leadership Society (BMLS)\u2013a student organization under the auspices of Multicultural Services and Programs within the Division of Student Affairs\u2013to mobilize the leadership and campus engagement element of the plan. Utilizing a peer engagement model, the purpose of the is to establish and foster a sense of unity, strength, and love among Black males. The group supports the academic, social, intellectual, and spiritual growth of Black male undergraduate and graduate students as well as alumni at by maintaining a community of men who will continuously support and encourage one another fosters positive relationships for Black men with others; develops and highlights the leadership of Black men in their communities and engages with and affects the lives of others beyond the boundaries of campus. For the team, it was clear that the presence and work of on campus was an essential ingredient in creating a strong sense of community for students once matriculated. Reflections & Recommendations King and Kitchener\u2019s (1994) Reflective Judgment Model provides an excellent framework for reviewing and other collaborations in a systematic way that conceptualizes complex thinking as a means to resolve ill-structured problems. Ill structured problems are complex, and the outcome may not be clear. Thus, solutions must be similarly complex and multifaceted. In using this model, knowledge is built on the bases of information from a variety of sources. Selected action is based on evaluations of evidence across contexts and the opinions of trusted others (King & Kitchener, 1994). The hallmark of a strong is collaboration. Simply put, shared ownership produces enhanced effectiveness, larger scale impact, and quite possibly long term systemic change that, hopefully, makes the need for any identity particular program obsolete one day. For the Fall 2014 Georgia Journal 26 team, having interdisciplinary diversity on the team meant stronger solutions for the complex challenge we were seeking to address. Interpretations of solutions were based on vantage point, lived experience and anecdotal evidence. There is a selective tension that is commonplace in any collaborative effort. For the team, this manifested in within group dynamics thrusting some into the realm of reputable authority due to their years of experience, access to certain information or position. The perspectives of those members of the team carried great weight. This reality need not be inherently wrong. To the contrary, it can help to advance the work of the group in meaningful ways. However, if it results in silencing team members or other counterproductive disruptions, it must be addressed. It is important to make room for complexity in collaboration. Allowing room for dynamically evolving approaches makes it possible to be well poised to withstand the challenges that are inevitable and certain to occur. One such challenge for the team was that the grant renewal request for proposals came prior to the close of the initial grant cycle. This resulted in stewardship, year-end report writing, and a proposal for next fund cycle happening at overlapping times. The team was asking for three times as much funding to support the continuation and expansion of the work established in the inaugural year, without yet knowing the outcome of said efforts. The timeline also proved challenging as it severely shortened the window of time available for proposal draft development. The bulk of this strain fell to the designated grant writer but had implications for shared authorship particularly on how the co- directors and other team members were able to contribute to the proposal. The swift schedule simply did not allow for the level of team engagement that had characterized the process at the onset. Grant cycles can be unpredictable at worst or change over time at best. If your is dependent on external funds, it is helpful always to be thinking one year ahead. As difficult as it Fall 2014 Georgia Journal 27 was to pull the proposal together in such a brief window of time, the team was able to identify the focus of the second year effort on research, writing, and publishing based on earlier group conversations that identified those goals. At the time this article was written, the team had just been notified that the proposal was accepted for an additional year of funding. Collaborative Challenges in Building an Having an understanding of common challenges in collaboration will, hopefully, help to normalize those challenges. In the collaborative process, persistence is key. Many great ideas spawn from great partnerships that ultimately go nowhere because people give up too soon. If we want our Black male students to persist to graduation, we must have the fortitude to persist in our collaborative efforts. Common challenges include: \uf0a7 Varying levels of partner engagement. At different times, members of your team may be more or less directly engaged. Do not mistake their participation or lack thereof with not being committed or invested in the collaboration. While their lack of involvement or commitment could certainly be one reason and should be addressed accordingly if it is, levels of engagement are more often a function of other responsibilities of their role. Choosing collaborators that are already doing some facet of work with African-American males will ensure interest and alignment in a way that will help to minimize the likelihood of this challenge occurring. \uf0a7 Competing priorities. Closely related to levels of engagement, the challenge of competing priorities is distinctly highlighted because they often look differently for faculty, staff, community partners, and students. Fall 2014 Georgia Journal 28 o For faculty members at research institutions, the promotion and tenure process does not reward involvements in campus collaborations such as this one. Additionally, faculty contracts are often nine-month appointments that would make them difficult to access during the summer. Understanding faculty life and culture at the onset will help your team leverage the necessary support faculty can render while helping to manage expectations. When possible, seek to engage faculty members with a research interest in the success of underrepresented students. Including a research agenda as part of your initiative is recommended. This will serve your initiative, institution, and keep you connected to the community of scholarship surrounding Black male collegians. o Staff members on your team will likely do most of the heavy lifting. It is helpful if the role they play on your team is in alignment with their job functions at your institution. This helps them to keep the centrally focused as part of their job responsibilities and allocate time accordingly without it feeling like an add on. o Community partners can be the most challenging on your team in that their connection to the institution is the least firm of the group. It is helpful to have community partners that are alumni of your institution and retain current ties. Additionally, early and recurrent conversations about expectations and both sides are recommended. o Students are the heart and soul of why the collaboration exists. They offer astute perspectives that if you invite and hear, will undoubtedly contribute to the success of your AAMI. It goes without saying but, first and foremost, students are Fall 2014 Georgia Journal 29 students. Their involvement in your campus collaboration is secondary to the worthy pursuit of degree attainment. Their availability is often limited due to class schedules and other commitments. They are easily frustrated with the bureaucracy we come to know as second nature, and particularly for African- American male students, they are pulled in a million different directions to represent themselves and others campus-wide. \uf0a7 Role definition is crucial in getting your off the ground and keeping it moving forward. As important as all team members are, there must be a champion for the cause. The champion of the collaboration may or may not be the most senior person on your team. It is important that all team members know precisely what is expected of them. The success of your depends on it. \uf0a7 Shared ownership is the other side of the role definition coin. Individual accountability is necessary but must be balanced with collective responsibility. Conflict is inherent in community and certainly in group processes, so do not shy away from it. It will make for a well vetted end product. \uf0a7 Bureaucracy in praxis. Institutions of all sizes and types are complex, at times unwieldy, and have their fair share of red tape. Establish and stick to a time table that allows you to do things in advance as much as possible and expect the unexpected. Campus crisis, budget policies, vacation schedules, along with any and all manner of mild to severe calamities not remotely related to your can impact it. Pad your timeline, so that delayed does not translate to derailed. \uf0a7 The role of identity in advising student organizations cannot be understated. Hopefully, your will involve a student organization. As much as possible have Fall 2014 Georgia Journal 30 your processes mirror your product. AAMIs are about Black male success. Your program will work closely with the Black male students on your campus. While African- American male students need to see and feel that faculty and staff from all identities are interested in and committed to their success, non-Black, non-male advisors to connected student organizations or programs should be mindful of the role of identity in this work. \uf0a7 Deadlines are inherently part of collaborative work. Internally established ones will help keep you on track. Externally established ones can impact how your team collaborates. Insufficient time before a deadline leaves the work of many in the hands of few. Try to avoid that being the case by, again, planning in advance and building in enough time for full and equal participation of your entire collaborative team. You Can Do It, This Will Help Every campus has an existing infrastructure that can be leveraged to build a successful AAMI. That may come in the form of the Multicultural or Diversity Offices, student organizations, faculty members with research interests in issues impacting African-American males, community and civic leaders, and/or influential alumni interested in investing in your students. Furthermore, chances are your institution has an existing diversity plan, strategic plan, institutional priorities, or learning and development outcomes that speak to some aspect of diversity, inclusion, social justice, or support of underrepresented groups that you can use to bolster your efforts in securing large scale institutional support. When you are ready to mobilize your campus and community partners in collaborating for an AAMI, ask yourself the following key questions: 1. Is there top down support? Fall 2014 Georgia Journal 31 2. What offices/student groups are involved in the recruitment, retention, and success of Black males on my campus? Who else should be included on our campus implementation team? 3. How can we involve students in the process early on? 4. What story does the data tell with regard to recruitment, retention, and enrollment of Black males on our campus? 5. Does the support exist to sustain what we are proposing? (i.e. budget, staff, leadership) 6. How will we assess the effectiveness and make adjustments to our program based on lessons learned? The answers to these questions will help to reveal where you should start. For some institutions, that will mean engaging in the important work of building capacity on your campus team is an example of this; some campuses will be off to a sprint in no time due to the contextual perfect storm that makes swift and sustained momentum possible. Conclusion As student affairs practitioners, our wheelhouse of impact is the collegiate setting. The unique individual and social nature of learning can create powerful learning environments (AAHE, ACPA, & NASPA, 1998). Every campus can be one of those powerful environments where students and collaborations alike flourish. Fall 2014 Georgia Journal 32 References American Association of Colleges & Universities. (2002). Greater expectations new vision for learning as a nation goes to college. Washington, DC: Author. Retrieved from American Association of Community Colleges. (2014). Minority male student success programs at community colleges. Retrieved from Progs/Pages/Default.aspx American Association for Higher Education, American College Personnel Association, & National Association of Student Personnel Administrators. (1998). Powerful partnerships shared responsibility for learning. Washington, DC: Authors. Anderson, M. L., Goodman, J., & Schlossberg, N. K. (2012). Counseling adults in transition: Linking Schlossberg\u2019s theory with practice in a diverse world. New York, NY: Springer Publishing. Bourassa, D.M. & Kruger, K. (2002). The national dialogue on academic and student affairs collaboration. In A. Kezar, D. Hirsch, & C. Burack (Eds.), New Directions for Higher Education: No. 116. Understanding the role of academic and student affairs collaboration in creating a successful learning environment (pp. 9-17). San Francisco, CA: Jossey-Bass. The College Board. (2014). The education experience of young men of color. Retrieved from retention Dancy, T. E. (2012). The brother code: Manhood and masculinity among African American men in college. Charlotte, NC: Information Age Pub. Fall 2014 Georgia Journal 33 Davis, J. E. (1994). College in black and white: The academic experiences of African American males. Journal of Negro Education, 63, 620\u2013633. Harper, S. R. (2008). Realizing the intended outcomes of Brown: High-achieving African American male undergraduates and social capital. American Behavioral Scientist, 51(7), 1030-1053. Harper, S. R. & Harris III, F. (2012). Men of color role for policymakers in improving the status of Black male students in U.S. higher education. Retrieved from Institute for Higher Education Policy website: detail.cfm?id=160 Harper, S. R., & Kuykendall, J. A. (2012). Institutional efforts to improve Black male student achievement standards-based approach. Change, 44(2), 23-29. doi:10.1080/00091383.2012.655234 Hilton, A. A., Wood, J., & Lewis, C. W. (2012). Black males in postsecondary education: Examining their experiences in diverse institutional contexts. Charlotte, NC: Information Age Publishing. Horne, O. (2007). Voices of the talented tenth: Values of young black males in higher education. New York, NY: University Press of America. Johnson, Z. M. (2014). The role of social support among high-achieving African-American college males at a predominantly white institution. Unpublished manuscript, Department of Counseling and Human Development Services, University of Georgia, Athens, Georgia. Kennesaw State University. (2014). About KSU. Retrieved from King, P. M., & Kitchener, K. S. (1994). Developing reflective judgment: Understanding Fall 2014 Georgia Journal 34 and promoting intellectual growth and critical thinking in adolescents and adults. San Francisco, CA: Jossey-Bass. Negga, F., Applewhite, S., & Livingston, I. (2007). African-American college students and stress: School racial composition, self-esteem and social support. College Student Journal, 41(4), 823-830. Newman, C. B., Mmeje, K., & Allen, W. R. (2012). Historical legacy, ongoing reality: African American men at predominantly white institutions of higher education. In A. A. Hilton, J. L. Wood, & C. W. Lewis (Eds.), Black males in postsecondary education: Examining their experiences in diverse institutional contexts (pp. 89- 106). Charlotte, NC: Information Age Press. The Ohio State University, Office of Diversity and Inclusion, Bell National Resource Center on the African American Male. (2014). About the Bell National Resource Center. Retrieved from resource-center/bnrc/ Palmer, R., Davis, R., & Hilton, A. (2009). Exploring challenges that threaten to impede the academic success of academically underprepared Black males at an HBCU. Journal of College Student Development, 50(4), 429-445. doi:10.1353/csd.0.0077 Pope, J. (2009, March 30). Under a third of men at Black colleges earn degree in 6 years Today. Retrieved from black-colleges_N.htm Stanton-Salazar, R. D. (2011 social capital framework for the study of institutional agents and their role in the empowerment of low-status students and youth. Youth & Society, 43(3), 1066-1109. doi:10.1177/0044118X10382877 Fall 2014 Georgia Journal 35 U.S. Department of Justice, Civil Rights Division (2006). Civil rights division\u2019s activities and programs. Retrieved from University System of Georgia. (2012). African-American male initiative: Recruiting, retaining and graduating Black male college students. Retrieved from Valbrun, M. (2010, September 9). Black males missing from college campuses. America\u2019s Wire. Retrieved from campuses The White House, Office of the Press Secretary. (2014). Fact sheet: Opportunity for all: President Obama launches \u201cMy Brother\u2019s Keeper\u201d initiative to build ladders of opportunity for boys and young men of color [Press release]. Retrieved from all-president-obama-launches-my-brother-s-keeper- Wood, J. (2011, August 5). Developing successful black male initiatives. Community College Daily. Retrieved from programs-and-initiatives.aspx Xueting, Z., Hong, Z., Bin, Z., & Taisheng, C. (2013). Perceived social support and a moderator of perfectionism, depression, and anxiety in college students. Social Behavior & Personality: An International Journal, 41(7), 1141-1152. doi:10.2224/sbp.2013.41.7.1141 Fall 2014 Georgia Journal 36 Conceptual Model for Collaboration to Combat the Summer Melt of Students from Low-Income Backgrounds Carrie V. Smith This article includes a suggested model for postsecondary institutions to address the problem of summer melt among students from low-income backgrounds. The model accounts for four areas deemed integral support systems for low-income students to matriculate. The following partners are advised: student affairs, admissions, counselor education graduate programs, K-12 counselors, and financial aid. Within this collaboration, personnel within the student affairs divisions serve as the conveners and developmental experts. The article also outlines a summer melt prevention program that could be the focus of this type of collaboration. Due to the unique multifaceted design of this model, the author includes a discussion on navigating the process including benefits to each partner, as well as caveats for implementation. Fall 2014 Georgia Journal 37 Historically, student affairs practitioners have associated the term summer melt with high school students who paid numerous deposits to universities while weighing their decisions concerning where to attend. In making a final decision about what school to attend, these students forfeited monies to various institutions (Arnold, Fleming, DeAnda, Castleman, & Wartman, 2009). Recently, the term has become synonymous with students from low-income backgrounds who decide after graduation not to matriculate in the fall, even after receiving their acceptance and their requested financial aid package (Castleman, Arnold, & Wartman, 2012). Research has identified numerous reasons\u2013social, emotional, and financial\u2013that may factor into matriculation decisions made by students from low-income backgrounds (Castleman & Page, 2014; Castleman, Page, & Schooley, 2014; Castleman, Page, & Snowdon, 2013). Despite exploration into the circumstances that potentially hinder this student population, educational experts have yet to create a comprehensive model for an intervention that specifically addresses the summer melt of students from low-income backgrounds. The summer presents a unique time when most students from low-income backgrounds operate without integral support systems such as their high school counselor or adviser due to the nine-month contract cycle within which these personnel operate. In addition, most colleges and universities do not consider admitted students their responsibility until the moment students attend their first class. In order to reduce the summer melt of students from low-income backgrounds, a common practice for higher education professionals includes outreach to students early in high school. This method is preferred, rather than focusing on the last few months before students arrive on campus. In other words, professionals are reaching out early rather than staying late Carrie V. Smith, Doctoral Student & Graduate Assistant for College Student Affairs Administration Ph.D. Program, University of Georgia Fall 2014 Georgia Journal 38 (Arnold et al., 2009). Colleges and universities, educational nonprofits, and government programs have designed various interventions aimed at assisting students from low-income backgrounds, but they have had mixed results (Castleman & Page, 2013; Castleman et al., 2014; Jaschik, 2011; Strayhorn, 2011). Many summer bridge programs, as they are often called, do not specifically address the needs of students from low-income backgrounds. Instead, these programs focus on providing transitional support to all entering students (United States Department of Education, 2013). If student affairs practitioners have an ethical and professional obligation to help students develop emotionally, socially, and intellectually, among other areas (American College Personnel Association [ACPA], 2006), how can they ignore this opportunity to begin the process of helping accepted students from an underrepresented population reach their potential? This paper presents a conceptual model for institutions to use when creating an intervention that can address the complex needs of students from low-income backgrounds who are susceptible to summer melt. The model outlines a collaboration spanning the institution and the surrounding community followed by detailing an intervention called the Summer Melt Prevention Program. The intervention is initiated through student affairs, but involves participation of various partners that can fulfill specific responsibilities as outlined in the model. Practitioners should acknowledge that institutional context will play a substantial role in the implementation of this model (Kezar & Lester, 2009). While the model is based on the organization of research universities, the concepts set forth in this model allow for application at other institutional types. Where possible and necessary, the author has made suggestions for adaptation. Fall 2014 Georgia Journal 39 Is My Institution Experiencing Summer Melt? First, institutions must assess whether this type of summer melt is an issue in their communities. Practitioners should work with their admissions offices to establish the percentage of students receiving admission to the university yet not enrolling in the fall. Practitioners can look more closely for common characteristics such as socioeconomic status among students not matriculating, by disaggregating the data further. While socioeconomic status may be an indicator that a student may benefit from this intervention, it cannot be considered a forgone conclusion that all students from low-income backgrounds need this type of intervention. Even so, collecting this type of institutional data, coupled with issuing electronic or phone surveys, can contribute to understanding what is happening in the lives of the students in this targeted population over the course of the summer. Castleman, Page, and Schooley (2014) acknowledged that community colleges are especially at risk of summer melt, but the problem at 4-year institutions is growing. In addition, before schools can begin establishing a more formal collaboration to combat this issue, they must consider their context beyond institutional type. This includes but is not limited to, demographics of their student body, culture of the institution, and their mission and vision statements. Many schools may have existing summer bridge or programming, and professionals may wonder why a program such as the one set forth in this model is not redundant. TRIO\u2013a name referring to its design of three original programs, and summer bridge programs\u2013focuses heavily on academic remediation efforts. They also require students to enroll in the program as early as middle school (University of Georgia Trio, 2013; United States Department of Education, 2014). In contrast, the proposed model for a collaborative intervention Fall 2014 Georgia Journal 40 focuses more on the dispensing of information and psychosocial services specifically during the summer after graduation from high school and prior to the fall semester of college. The Framework of the Conceptual Model Once an institution establishes the need to address summer melt, they can begin to identify appropriate partners among their community and stakeholders. Student affairs practitioners are charged by their professional organizations to decrease barriers to student success and to ensure that all students have the opportunity to thrive in college (American College Personnel Association [ACPA] & National Association of Student Personnel Administrators [NASPA], 2010). Therefore, regardless of their institutional context, student affairs practitioners have at their core a desire to help students succeed. For this reason, they are an ideal population to assume the responsibility for the creation of this partnership. They should begin by reaching out to partners that fit the four areas on which this model (see Figure 1) was developed. Arnold et al. (2009) identified four areas where students facing this phenomenon need support: 1. continuing availability of expert guidance and support with the college admissions and application process from both high school and college staff; 2. continuing assistance for students in finding the best possible pathway for their skills, interests, and postsecondary goals; 3. ongoing social and emotional support for students and their families so that they can acquire skills for coping with current barriers, overcome unforeseen challenges as they arise, and engage in appropriate anticipatory socialization for the college experience; Fall 2014 Georgia Journal 41 4. intensive and consistent financial guidance as students and their families interpret financial documents and contracts, make decisions among funding alternatives, and take actions within the complex world of grants, loans, scholarships, and other financial aid options. (p. 29) Student affairs divisions should be cognizant that each of these areas might manifest itself through a number of departments, divisions, and individuals depending on the institution; however, this model offers a suggested structure and process based on what entities have traditionally held these responsibilities. Figure 1. Conceptual Model of a Collaborative Approach to a Summer Melt Prevention program. Partner One: Admissions Offices As mentioned previously, admissions offices serve as information distributors within this model. Often members of the admissions office have connections to high schools that historically send their graduates to certain institutions. Depending on the structure of the admissions office, and the demographics of the student population, staff in the admissions office Summer Melt Prevention Program Admissions Office High School Counselors Counselor Education Department Financial Aid Student Affairs Fall 2014 Georgia Journal 42 may have existing relationships with high school counselors and teachers, families and the actual students. They also usually house data that can help an institution best identify the students that are most susceptible to summer melt potentially even noting their interests and planned academic major. Admissions offices often have the goal of increasing diversity specifically among income levels; they can illustrate their commitment by participating in this collaboration to achieve that goal. Partner Two: High School Counselors One of the largest issues causing summer melt is the lack of clarity on who is responsible for the student during the summer months. According to the National Survey of School Counselors conducted by the College Board, 92% of counselors believe part of their mission and purpose is to prepare students for life after high school by helping them complete 12th grade, and less than 25% or a fourth of the surveyed counselors work at schools where they conduct intentional initiatives over the summer (The College Board Advocacy & Policy Center National Office for School Counselor Advocacy [The College Board], 2012). In addition, \u201cless than a third of high school counselors say that they intentionally collaborate with outside organizations\u2026to support college and career readiness activities\u201d (The College Board, 2012, p. 11). These statistics present a unique opportunity to help counselors achieve their goals through this collaboration. Student affairs practitioners can use the data obtained from the admissions offices to target specific school counselors or school districts whose students are perhaps at the highest risk of not matriculating to the institution. Once these schools have been identified, student affairs practitioners should begin developing rapport through informal and formal conversations as soon as possible. This is imperative, so that as the collaboration moves towards Fall 2014 Georgia Journal 43 a more critical stage of formation, the relationships between student affairs and the counselors are firmly established. High school counselors, like student affairs practitioners, hold a number of roles in addition to helping a student attain their academic and personal goals (American School Counselor Association [ASCA], 2004). High school counselors can bring their knowledge about the students on an individual level, potentially providing more context to a student than the information supplied on required admissions documents. The involvement of high school counselors also demonstrates how groups from outside the college campus can use their authority, network, and skill set in order to form a more holistic outcome (Kezar & Lester, 2009). Participating in this collaboration serves school counselors in numerous ways. First, there is a movement among the school counseling profession to demonstrate accountability to their supervisors and districts (ASCA, n.d.). This is a data driven initiative that allows school counselors to partner with a local university or college in order to produce outcomes that bolster their importance. For that reason, it raises the school\u2019s public profile as well as the school\u2019s dedication to creating a culture of college bound students, which may also help retention and persistence efforts. Partner Three: Counselor Education Departments Students decide not to matriculate to college due to a variety of circumstances, many of which the university will have no control over. Proactively providing qualified professionals on a college, or a university campus to ease the anxiety associated with entering college for the first time gives students from low-income backgrounds tools to manage challenges both expected and unexpected. For the purposes of this model, the author discusses using Counselor Education and School Psychology departments as a resource for this segment of the conceptual model. These Fall 2014 Georgia Journal 44 programs are traditionally housed within the College of Education; therefore the academic programs may possess more knowledge about the inner workings of a school environment than a traditional mental health counselor or psychologist. In the 2012 National Survey of School Counselors (The College Board, 2012), the majority of those counselors who earned a graduate degree in school counseling did not feel adequately equipped for preparing students for the transition to college. The partnership described by this model would increase students preparing for a role as a school counselor more direct access to students who are transitioning to college, a task considered of great importance to school counselors (ASCA, 2004). Counselor education programs will certainly not exist at all colleges or universities who experience summer melt. These institutions will need to consider how to select a partner who can best serve the counseling services facet of this model. Many times students within counselor education programs seek internships or professional experience at institutions other than the one awarding them a degree. One option might include reaching out to these schools to gauge their interest in a program such as this. Schools should also consider looking to the surrounding communities for mental health professionals who would be willing to lend their time and expertise to this type of program. Institutions should also explore those offices on their own campuses whose responsibilities include students\u2019 emotional health and well-being. In doing this type of exhaustive search, student affairs practitioners can ensure that they are filling this crucial component of the model. Partner Four: Financial Aid Office Arnold et al. (2009) included a separate tenet about financial assistance and guidance in their recommendations for students facing this phenomenon. Students who have received their financial aid packages still have additional scenarios to navigate before they officially begin their Fall 2014 Georgia Journal 45 college careers. For this reason, the Office of Financial Aid should have an intentional and transparent role in this collaboration. Staff from financial aid offices bring an expertise about grants, loans, and financial aid options that go beyond what a website might provide. In addition, staff working with this student population can learn additional contextual information about their circumstances, which may help the counselors understand the multifaceted experiences students have during the summer prior to starting college. Partner Five: Division of Student Affairs The Division of Student Affairs lies at the center of this model, coordinating the collaboration, and providing tools for assessment and evaluation both during and after the program. Student affairs practitioners serve as the \u201cconveners\u201d bringing together the various components of this collaborative model (Kezar & Lester, 2009, p. 109). Institutional context and organizational structures will dictate who within the division is best suited to serve as the initial point person for this collaboration. Some schools may see it necessary to enlist the services of a trusted administrator or faculty member in order to gain additional leverage. Even so, student affairs remain crucial to the success of the collaboration as they bring a unique expertise about students. As college student development experts, student affairs practitioners will lead the discussion to develop a mission for the Summer Melt Prevention Program. This mission will be the culmination of the expertise and input from the aforementioned partners in the conceptual model. Student affairs professionals are accountable for ensuring that each partner in the collaboration is operating with the students\u2019 well-being at the center of the initiative. The student affairs division is also responsible for the implementation of the timeline, created by the partners; that outlines the specific timing of the different types of communication and programming that exist within this model. Finally, student affairs practitioners will see the Fall 2014 Georgia Journal 46 collaboration as a collection of fluid partnerships understanding that revision and modifications are integral to the sustainability of the collaboration, thereby also operating as the administrative partner (Martin & Samels, 2001). By understanding the institutional context and applying it to the entire program\u2019s goals, student affairs professionals can avoid a breakdown in collaboration that may occur due to organizational cultural differences (Kezar, 2011). The current culture and reputation of the student affairs office will certainly play a role in its ability to function in this capacity. Whereas some institutions will need to navigate the bureaucracy of many silos, other institutions may find themselves implementing this model in student affairs offices where a few people are responsible for all the tasks. Furthermore, existing relationships between the division of student affairs and other campus and community entities will make this collaborative process run more smoothly. If the division feels as though they do not have the relationships necessary to convene partners in each of the necessary areas, then it will need to begin building a rapport with potential partners that allows for seamless partnerships. Summer Melt Prevention Program: Collaboration in Action Once the partners outlined in the model have gathered, they can begin to develop an intervention to address summer melt of students from low-income backgrounds. The intervention will serve as a comprehensive program designed by using the four areas of need outlined by Arnold et al. (2009). Aforementioned partners will bring their ascribed area of expertise for a true collaborative effort. The Summer Melt Prevention Program will focus on increasing communication with students and providing support socially, financially, and psychologically. Fall 2014 Georgia Journal 47 Communication with Students visitation program in conjunction with a local university or college can be an aspect of a high school student\u2019s experience early in his/her high school careers. The high school counselor can recommend and encourage students to join visitation programs led by various student affairs staff members via online modules developed on topics like financial aid, what to expect upon one\u2019s arrival to college, and student organizations, among others. For students who do not have Internet access, high school counselors and the university can work to find computer access for the student, or they can help the student join these conversations via cell or smartphone. In a presentation on college access, sponsored by the United States Department of Education, Castleman, Cox, Owen, and Page (2014) outlined potential avenues through which high school counselors and postsecondary institutions might work together during the summer including mentorship, continued communication and text messaging. Furthermore, some schools have found that text messaging provides an inexpensive way to connect with students over the course of the summer (Castleman & Page, 2013). Through this messaging, university representatives can remind students of upcoming deadlines for materials, keep them abreast of university happenings, and encourage them to visit the website or even the campus, for various events prior to their enrollment. By request of the student, or by recommendation of the high school counselor, the student can enroll their parent(s) or guardian(s) to receive the text messages thus increasing at-home support during the summer. Financial aid offices will also provide text reminders about upcoming deadlines for financial aid. They will schedule a time to meet with the student either online or in person, to discuss any additional payments of fees that a student might expect to encounter. The personal attention that a student would receive would allow them to develop rapport with a financial aid Fall 2014 Georgia Journal 48 staff member so that they would feel comfortable speaking with someone on campus about sensitive issues related to finances and resources. Social and Emotional Support Student affairs will work with the counselor education departments to develop a program for graduate internship credit that focuses on working with the students participating in the Summer Melt Prevention Program. Over the summer, these interns (or the corresponding party chosen to fulfill this component of the conceptual model) will design, implement and assess socialization initiatives. These efforts could include virtual programs, Facebook groups, text message campaigns focused on morale, or even small group in-person counseling sessions. The format of services selected will depend on the institution, the resources, and the willingness of student participation. The intent of the programs would be to alleviate any anxiety the student might be experiencing while also helping prepare them for their college journey. Boston \u2013 based nonprofit uAspire and Fulton County Schools in the metro Atlanta area piloted counseling programs, with traits similar to those previously mentioned, to high school students who were at risk of not matriculating (Castleman et al., 2014). These programs increased college enrollment with students from low-income backgrounds enrolling and persisting through at least the first year of college (Castleman et al., 2014). Navigating the Process of Collaboration This paper outlines a model for collaborating with multiple partners to create an intervention of great scale. The division of student affairs understands that undertaking an opportunity for increased retention and relationship building might have long-lasting positive effects on any college campus. Most importantly, the model and resulting Summer Melt Prevention Program specifically aim to meet the needs of students from low-income Fall 2014 Georgia Journal 49 backgrounds, a population rarely seen as a stand-alone population. In the initial stages of developing this collaboration and program, the greatest barriers to implementation will be schedules of those involved and budgetary restrictions. This model will involve additional financial resources as well as increased time and effort from people who may already feel overworked or overwhelmed by the myriad of responsibilities that their jobs entail (G\u00fcnd\u00fcz, 2012; Taylor, 2005). Addressing these concerns from the beginning of the partnership will be valuable in obtaining buy-in from administrators, as well as collaborative partners. Furthermore, creating an atmosphere of collaboration and then sustaining commitment to that climate will have varying results based on the institution (Kezar & Lester, 2009). As practitioners use this model for their institutions, they should consider the individual strengths, weaknesses, and area of expertise that each partner brings to the collaboration, while also remaining cognizant of the common values that each partner holds (Kezar & Lester, 2009). For example, this collaboration has at its core the best interest for college-intending students and providing them the support they need. Practitioners must understand and respect the various cultures involved especially when forming partnerships with faculty and the K-12 educational system. One recommendation is to develop a central point of contact online during the development of the program that includes essential documents, the mission statement and goals of the program, links to relevant programming, and a message board where the members of the collaboration can communicate when it is convenient for them (Duffield, Olson, & Kerzman, 2012). This acknowledges that a high school counselor, a college graduate student, and a financial aid staff member may operate during different times of the day, but that should not prevent them from sharing thoughts or accessing resources necessary for the program\u2019s success. In addition, building rapport with various divisions and departments may take time and involve Fall 2014 Georgia Journal 50 explaining why participating in this collaboration benefits that specific party. Obtaining the initial buy-in from participating partners should not be underestimated as a crucial step in the success of such a model. Some institutions may have existing programs they believe address this type of summer melt. In cases such as those, it is important for practitioners to develop appropriate assessment measures to see how this model might improve the organization or targeted actions of those initiatives. In some cases, summer programs may not involve multiple offices or anyone outside of the student affairs department. The responsibility falls to the student affairs practitioner to explain both internally and externally why involving collaborative partners from different constituent bases is integral to the success of the collaboration. In this case is the matriculation, persistence, and retention of these students who want to attend college and have qualified to do so (Kezar & Lester, 2009). The Path to Persistence and Increased Institutional Quality While this model may have its origins in a research university setting, summer melt and the needs of the students susceptible to it exist at many types of institutions. Whereas places that might require adaptation have been noted, this is certainly not an exhaustive list. For example, smaller institutions may have one person serving multiple roles listed in the model. In this case, it is not necessary to find another partner, but rather to make sure that the core needs of expert academic, social, and financial support are being met. For those institutions with larger staffs or increased resources, the model serves as an example of combining expertise to create an innovative program to address the needs of their students. This model has implications beyond the Summer Melt Prevention Program it outlines. Fall 2014 Georgia Journal 51 First, an integral component of this model is the relationship between the university and high school counselors. Nurturing this partnership has not been a focus of student affairs as a field, yet bringing together the two areas of expertise could lead to innovative programming and initiatives. Additionally, this model demonstrates how important it is that practitioners be cognizant of the vast resources that may exist outside of the division of student affairs and their institutions. Colleges and universities must respond to the changing world of today\u2019s college students. In order for higher and postsecondary education to remain a viable and productive choice for graduating high school students, innovative collaboration and flexible thinking must continue both inside and outside the classroom (Martin & Samels, 2001). This conceptual model provides a possible collaborative strategy for addressing a growing problem, and it utilizes existing intersection points by which to make contact with students who are at risk of not matriculating (Cueso, n.d.). If in fact, \u201cthe majority of institutional mission statements embrace educational goals that are much broader and diverse than knowledge acquisition and cognition,\u201d this collaboration also serves to enhance the university environment through increased economic diversity among the existing student population (Cueso, n.d., p. 8). Furthermore, if the goal of post-secondary institutions is to support students to persistence, then this collaborative partnership helps to increase the chance that the students will arrive on campus for such an opportunity. Fall 2014 Georgia Journal 52 References American College Student Personnel Association. (2006). Statement of ethical principles and standards. Retrieved from American College Personnel Association & National Association of Student Personnel Administrators. (2010). Envisioning the future of student affairs: Final report of the task force on the future of student affairs appointed jointly by and NASPA. Retrieved from American School Counselor Association. (n.d.). About ASCA. Retrieved from American School Counselor Association. (2004 National Standards for Students. Alexandria, VA: Author Arnold, K., Fleming, S., DeAnda, M., Castleman, B., & Wartman, K. L. (2009) The summer flood: The invisible gap among low-income students. Thought & Action, 23-34. Retrieved from Castleman, B. L., Arnold, K., & Wartman, K. L. (2012). Stemming the tide of summer melt: An experimental study of the effects of post-high school summer intervention on low-income students\u2019 college enrollment. Journal of Research on Educational Effectiveness, 5(1), 1- 17. doi:10.1080/19345847.2011.618214 Castleman, B., Cox, E., Owen, L., & Page, L. (2014). Opportunities for college-intending students at risk for \u201csummer melt.\u201d [PowerPoint slides]. Retrieved from Castleman, B. L. & Page, L. C. (2013, May 15). Can text messages mitigate summer melt? New England Journal of Higher Education, 2. Fall 2014 Georgia Journal 53 Castleman, B. L. & Page, L. C. (2014 trickle or a torrent? Understanding the extent of summer \u201cmelt\u201d among college-intending high school graduates. Social Science Quarterly, 95(1), 202-220. doi:10.1111/ssqu.12032 Castleman, B. L., Page, L. C., & Schooley (2014). The forgotten summer: Does the offer of college counseling after high school mitigate summer melt among college-intending low- income high school graduates? Journal of Policy Analysis and Management, 33(2), 320 \u2013 344. doi:10.1002/pam.21743 Castleman, B. L., Page, L. C., & Snowdon, A. L. (2013 Summer melt handbook guide to investigating and responding to summer melt. Retrieved from The College Board Advocacy & Policy Center National Office for School Counselor Advocacy (2012). 2012 National Survey of School Counselors \u2013 True North: Charting the course to college and career readiness. [Online report]. Retrieved from Cuseo, J. ( n.d.) The case for promoting partnerships between academic & student affairs. Retrieved from FA33FEF29929/0/TheCaseforPromotingPartnershipsBetween.pdf. Duffield, S., Olson, A., & Kerzman, R. (2012). Crossing borders, breaking boundaries: Collaboration among higher education institutions. Innovation in Higher Education, 38, 237-250. doi:10.1007/s10755-012-9238-8 G\u00fcnd\u00fcz, B. (2012). Self-efficacy and burnout in professional school counselors. Educational Sciences: Theory & Practice, 12(3), 1761-1767. Retrieved from Fall 2014 Georgia Journal 54 Jaschik, S. (2011, April 4). The other \u2018summer melt\u2019 in admissions. Inside Higher Ed. Retrieved from melt_issue_for_low_income_students Kezar, A. (2011). Organizational culture and its impact on partnering between community agencies and postsecondary institutions to help low-income students attend college. Education and Urban Society, 43(2), 205-243. doi:10.1177/0013124510380041 Kezar, A. J. & Lester, J. (2009). Organizing higher education for collaboration guide for campus leaders. San Francisco, CA: Jossey-Bass. Martin, J. & Samels, J. E. (2001). Lessons learned: Eight best practices for new partnerships. In A. Kezar, D. J. Hirsch, & C. Burack (Eds.), New Directions for Student Services: No. 116. Understanding the role of academic and student affairs collaboration in creating a successful learning environment (pp. 89-100). San Francisco, CA: Jossey-Bass. Strayhorn, T. L. (2011). Bridging the pipeline: Increasing underrepresented students\u2019 preparation for college through a summer bridge program. American Behavioral Scientist, 55(2), 142- 159. doi: 10.1177/0002764210381871 Taylor, C. (2005). Superwoman lives, (at least in my head): Reflections of a mid-level professional in student affairs. The College Student Affairs Journal, 24(2), 201-203. United States Department of Education. (2014). Office of Post-Secondary Education: Federal Trio programs. Retrieved from University of Georgia Program. [Website]. (2013). Retrieved from Fall 2014 Georgia Journal 55 Behavioral Intervention Teams Campus Wide Collaboration Douglas Bell Campus behavioral intervention teams vary greatly from campus to campus, guided by their institution\u2019s mission statement, ensuring a safe, educational environment for all members of the campus community. Assessments and interventions of distressed students and students exhibiting disturbing behavior provide a unique opportunity to collaborate with constituents of the campus community. This collaborative approach will assist in eliminating information silos and allow meaningful student interventions to take place. Fall 2014 Georgia Journal 56 Student behavioral issues have been and will continue to be, a topic of discussion for student affairs administrators. At an extreme, the tragic mass shooting that occurred at Virginia Tech received national attention and led students, parents, lawmakers, and the media to ask whether campuses were safe (Rasmussen & Johnson, 2008). The attention also compelled institutions across the United Stated to re-think how they address students of concern within the campus community. After the tragedy at Virginia Tech, institutions around the country convened committees and task forces to review policies and to answer questions related to campus safety and security. There was also increased attention paid to the role of threat assessment and behavioral intervention teams (referred to as behavioral intervention teams from this point forward) within the campus communities. Some states\u2019 legislatures passed laws mandating the establishment of these teams on public colleges and university campuses (Penven & Janosik, 2012). The call for these teams\u2019 intervention mechanisms to be put in place, with the knowledge of disturbed students or student exhibiting disturbing behavior, has become common on campuses (Eells & Rockland-Miller, 2011). Behavioral Intervention Teams The Assessment-Intervention of Student Problems (AISP) model, introduced in 1989, describes a way to balance the delicate needs of students of concern (Delworth). Students who lack the skills in establishing close, age appropriate relationships, are often considered disturbing. These students exhibit behaviors such as overreacting to minor problems, abuse of alcohol, testing of limits, and manipulation and control (Delworth, 1989). Disturbed students appear out of sync with other students: they may seem angry and destructive towards themselves and others, and may display highly dualistic thinking (Delworth, 1989). Douglas Bell, Doctoral Student in the College Student Affairs Administration Ph.D. Program & Senior Coordinator for Student Conduct, University of Georgia Fall 2014 Georgia Journal 57 The goal of the Model was to create interventions that address these different behaviors exhibited by students. The model outlines a collaborative team approach to assess students in order to develop an appropriate intervention. As stated by Delworth (1989), one of the responsibilities of the campus intervention team is to work toward a more integrated plan of interventions, which will help the student successfully integrate into the campus community. These interventions can be part of the student disciplinary process or mental health treatment, or they may occur in conjunction with those approaches. The components that are key functions of an effective behavioral intervention team include the assessment of the student and the intervention (Delworth, 1989). Formulation of a Collaborative Team Professional organizations have provided guidance on standard practices of the behavioral intervention team. An example of such a document is In Search of Safer Communities (National Association for Student Personnel Administrators [NASPA], 2009), which includes practices and provides a framework of planning for, and responding to campus violence and students of concern. Though a formulation of teams has varied throughout the country, some of the basic functions remain the same. Changing laws, attitudes, demographics, and relationships all contribute to the complexity of the answer to the question: \u201cWho is responsible for the lives and welfare of students?\u201d (Sandeen, & Barr, 2006). As an example, courts require colleges to provide reasonably safe campus environment for students and other people by attending to foreseeable dangers (Lake, 2013). The responsibly to ensure the safety and welfare of students extend beyond just student affairs administrators; it is the responsibility of the entire campus community. This creates a unique opportunity to collaborate with stakeholders throughout the campus community to assist in creating a safe environment. Fall 2014 Georgia Journal 58 Mission Guided Collaboration Behavioral intervention teams are multifaceted, and its developed mission statement guides its focus and creates meaning. (Eells & Rockland-Miller, 2011; Kezar & Lester, 2009). Eells and Rockland-Miller (2011) outlined three types of teams that may have overlapping functions, but different missions. The first type serves as a way campus administrators assess and support troubled students. The second focuses primarily on crisis management. The third addresses both behavior intervention and threat assessment. All three require a collaborative focus from the team members involved. Establishing a clear mission statement for the team is an important contextual feature for such collaboration because it informs the interdisciplinary work of the behavioral intervention team (Eells & Rockland-Miller, 2011; Kezar & Lester, 2009). Implementation of a Collaborative Team The institution\u2019s chief student affairs officer is typically responsible for the coordination of a collaborative behavioral intervention team (Dunkle, Silverstein, & Warner, 2008). When establishing a collaborative behavioral intervention team, it is important to define the members\u2019 roles and responsibilities (Dunkle et al., 2008). Team membership varies from institution to institution. Typically, membership includes representatives from an institution\u2019s counseling center, public safety, housing and residence life, dean of students, office of student conduct, and a faculty representative (Mardis, Sullivan, & Gamm, 2013). When identifying potential members to collaborate on the behavioral intervention team, it is important to have clear roles and responsibilities in order to conduct effective, informed interventions. Having clearly established roles, such as who will communicate directly to the student and remain the student\u2019s point of contact, allows the team to work swiftly and intervene on behalf of a student at a moment\u2019s notice. Fall 2014 Georgia Journal 59 The team must also possess knowledge of institutional policies and procedures and ensure compliance with legal and operational standards (Higher Education Mental Health Alliance, 2013). Members of the team must review policies in order to gauge whether the policies that exist either support or serve as a barrier for the team to work effectively. Team members must also develop protocols that outline the authority of intervention team. Randazzo and Plummer (2009) noted that the mission statement provides context to what a team will handle; the protocols dictate how the team will handle specific cases. It is also important to build strategically your behavioral intervention team through a network of staff members who can collectively address student behavioral issues (Kezar & Lester, 2009). Having a team that has developed an effective network is necessary to ensure smooth team function and clear communication around potentially challenging issues (Eells & Rockland-Miller, 2011). It is important to note that individuals chosen to represent certain offices do not necessarily have to be the highest-ranking person within their respective offices. If an administrator is better suited because of his or her personality or specific skill base, that person should serve on the team (Randazzo & Plummer, 2009). When considering the collaborative nature of a behavioral intervention team, it is equally important to communicate the time constraint involved with serving on such a team (Randazzo & Plummer, 2009). Administrators outside of student affairs may not be aware of the time commitments required to execute effective interventions. One of the behavioral intervention team\u2019s basic functions is to make collaborative decisions in order to address students\u2019 behavior. Cooperative systems are critical to threat assessment. Using other departments or agencies provides more input on the process of both assessing and managing potentially violent situations. Effective communication, collaboration, Fall 2014 Georgia Journal 60 and coordination are necessary for the reception, assessment, and response to critical information (Deisinger, Randazzo, O'Neill, & Savage, 2008). In particular, it is critical to consider collaborative involvement from members of the academic campus community. This article explores ways to use behavioral intervention teams as an effective collaboration with members of the academic community. Academic Affairs and Behavioral Intervention Team An important function of a behavioral intervention team is to collaborate in order to improve coordination and communication across various campus departments; this team is stronger when they are multi-disciplinary (NASPA, 2009). Teams must blend administrators with proximity to campus and community with those who have expertise in assessing and managing troubled or troubling students, as well as those who have the authority to recommend or take action (NASPA, 2009). Due to their expertise in working with students, student affairs administrators should serve as leaders of a campus behavioral intervention team (Dunkle et al., 2008). Traditionally the collaboration between many different constituents on campus strengthens the effectiveness of a behavioral team. Some of the offices typically included in a behavioral team are law enforcement/campus safety personnel, mental health providers, university administrators, and student affairs administrators (Delworth, 1989; Dunkle & et al., 2008; Penven & Janosik, 2012). In a recent study, only 27% of the teams whom responded included a representative from academic affairs to serve on a behavioral intervention team (Mardis et al., 2013). Other administrators may enter and exit the behavior intervention team to provide contextual information as needed (Delworth, 1989; Dunkle & et al., 2008). Though academic personnel may be one of the constituents that may have a revolving role on behavior intervention teams, administrators should consider their involvement on a permanent basis. Fall 2014 Georgia Journal 61 Academic Affairs Involvement on Behavioral Intervention Teams Why is including academic affairs so important on a behavioral intervention team? First, faculty members and academic advisors are often the first to identify students who are troubled or in distress (NASPA, 2009). Having faculty and academic advisors collaborate on a behavioral intervention team will allow the group to assess a student holistically. Having information, as it relates to students\u2019 in class behavior, will allow the team to provide an intervention that will assist students as well as the campus community (NASPA, 2009). Faculty members, as well as an administrator such as an academic advisor, will be able to provide prospective on a student\u2019s academic performance within the classroom. Indicators such as repeat absences from class and missed assignment provide academic indicators of student distress (Higher Education Mental Health Alliance, 2013). Having all of the information possible provides a behavioral intervention team the ability to provide the student with the best intervention to meet his or her needs for future success. Secondly, academic affairs members on the behavioral intervention team assist in avoiding information silos (Randazzo & Plummer, 2009). Often, different departments and offices take steps on their own to handle situations without knowing the bigger picture (Randazzo & Plummer, 2009). One of the most important roles for a behavioral intervention team is to facilitate information sharing across departments and offices and to break down some of those silos. Breaking down the silos enables the behavioral intervention team to become truly multi-disciplinary. It ensures consistency when addressing a student\u2019s behavior throughout the campus community. Fall 2014 Georgia Journal 62 Academic Partners Perspective Academic affairs units provide unique perspectives when serving on a behavioral intervention team. There are ways to utilize the perspective of these professionals effectively on the team. First, utilizing academic advisors and faculty when developing behavioral intervention procedures can improve the team\u2019s effectiveness. Training faculty and academic advisors throughout the campus community on how to identify disturbed students and disturbing behaviors is a major component of behavioral intervention procedures. Members from academic affairs serve as consultants to various campus constituents who may have concerns about students based upon their interactions with these students (Dunkle & et al., 2008). Academic affairs representatives may be instrumental in communicating and training other faculty members on the proper procedures of reporting such behavior to the proper members of the behavioral intervention team. Academic affairs administrators, as well as faculty, are perhaps better equipped than student affairs professionals at training and communicating to the academic affairs subculture. (Magolda, 2005). Additionally, academic affairs perspective can assist with a student\u2019s intervention. One such intervention may involve facilitating a sense of connection with one or more persons in the campus community (Delworth, 1989). An example of such an intervention would be a mentorship program that connects a student exhibiting behavioral issues with a faculty member. It is important to have a collaborative team that is aware of the resources available to the student throughout the entire campus community so that such an intervention may take place. In order to maintain connections with a campus community, academic affairs and student affairs collaborators must design learning experiences that deliberately personalize interventions appropriate to an individual student\u2019s circumstances and needs (American Association for Fall 2014 Georgia Journal 63 Higher Education [AAHE], American College Personnel Association [ACPA], & National Association of student Personnel Administrators [NASPA], 1998). Research has noted that frequent student-faculty contact in and out of classes is the most important factor in student motivation and involvement (Chickering & Gamson, 1987). Having academic affairs involvement through an effective partnership will assist in the overall intervention taking place with students. Considerations There are issues an administrator must consider when implementing the inclusion of a faculty member or an academic advisor on a behavioral intervention team. The number of members on the team, privacy issues, and the process of selecting a member of academic affairs to join the behavioral intervention must be considered. One of the first considerations to think through is how the inclusion of an administrator from academic affairs or faculty member affects the size of the behavioral intervention team. The behavioral intervention team should remain at a size that will permit for swift action when a student behavioral issue arises. Experts recommend keeping the intervention team relatively small (Higher Education Mental Health Alliance, 2013). If the size of the team is a concern, consider having an administrator from academic affairs included on an ad hoc basis. Including members on an ad hoc basis allows the intervention team to seek the inclusion of academic affairs, depending on the specifics of an individual\u2019s case. Regardless, the recommendation is to keep the collaborative group small enough to share information comfortably. The size of the team should take into context the institution in which it serves. The second consideration that should be addressed is the issue of student privacy and concerns. All members must be aware that most documents created, including emails, personal Fall 2014 Georgia Journal 64 notes, and other informal documentation would be subject to disclosure in the event of a lawsuit (Higher Education Mental Health Alliance, 2013). Misunderstanding about state and federal privacy laws of students creates unique challenges for behavioral intervention teams seeking to share information (Higher Education Mental Health Alliance). All members of the collaborative team must have thorough training of the Family Educational Rights and Privacy Act (FERPA) as well as the Health Insurance Portability and Accountability Act (HIPAA). \u201cUnder FERPA, information from a student\u2019s education record can be shared if sharing the information is necessary to protect the health and safety of an individual student or those around him or her.\u201d (Higher Education Mental Health Alliance, 2013, p. 23) These trainings ensure that all team members are aware of the privacy laws that govern the sharable information. Lastly, administrators must consider how the selection of the academic affairs member will take place. Ideally, the behavioral intervention team will blend members with proximity to information about what is going on around campus, with those who have expertise in addressing students of concern. As mentioned previously, the senior-most member of an academic office is not necessarily the best individual to serve on the team. The person most appropriate would include the academic affairs administrator who is attuned to the student needs of the campus community, regardless of their title. The selection of this person may prove to be more difficult at larger institutions. One suggestion is to have an academic affairs administrator appointed to the behavioral intervention team by the chief student affairs or academic affair officer. On some campuses, the president of the university may also make this appointment. Another suggestion is by appointment from the institution\u2019s faculty staff council. It is imperative to have a member from academic affairs that is mindful of the time commitment associated with serving on a behavioral intervention team (Randazzo & Plummer, 2009). Fall 2014 Georgia Journal 65 Conclusion In conclusion, there are advantages to having a representative from academic affairs included on a behavioral intervention team. The behavioral intervention team allows for a collaborative approach to creating a safe campus community for all students & NASPA, 1998). As mentioned in Powerful Partnerships Shared Responsibility for Learning & NASPA, 1998), collaborations with faculty and staff must incorporate deliberative personalized interventions appropriate to individual student\u2019s needs. When creating behavioral intervention team to address students of concern, it is important to consider the context of the institution. The development of a behavioral intervention team must address the needs of the students at the individual institutions. It is important to consider a collaborative work of a behavioral intervention team that includes student affairs administrators and academic affairs administrators to develop appropriate interventions. Fall 2014 Georgia Journal 66 References American Association for Higher Education, American College Personnel Association, & National Association of Student Personnel Administrators. (1998). Powerful partnerships shared responsibility for learning. Washington, DC: Authors. Chickering, A., & Gamson, Z. (1987). Seven principles of good practice in under-graduate education Bulletin, 39(2), 3-7. Deisinger, G., Randazzo, M., O'Neill, D., & Savage, J. (2008). The handbook for campus threat assessment and management teams. Boston, MA: Applied Risk Management. Delworth, U. (1989). The model: Assessment\u2010intervention of student problems. In U. Delworth (Ed.), New Directions for Student Services: No. 45. Dealing with the behavioral and psychological problems of student (pp. 11-21). San Francisco, CA: Jossey-Bass. Dunkle, J. H., Silverstein, Z. B., & Warner, S. L. (2008). Managing violent and other troubling students: The role of threat assessment teams on campus. Journal of College and University Law, 34(3), 585\u2013636. Eells, G. T., & Rockland-Miller, H. S. (2011). Assessing and responding to disturbed and disturbing students: Understanding the role of administrative teams in institutions of higher education. Journal of College Student Psychotherapy, 25(1), 8-23. Higher Education Mental Health Alliance. (2013). Balancing safety and support on campus guide for campus teams. New York, NY: Jed Foundation. Kezar, A. & Lester, J. (2009). Organizing higher education for collaboration guide for campus leaders. San Francisco: Jossey-Bass. Fall 2014 Georgia Journal 67 Lake, P. F. (2013). The rights and responsibilities of the modern university: The rise of the facilitator university (2nd ed.). Durham, NC: Carolina Academic Press. Magolda, P. M. (2005). Proceed with caution: Uncommon wisdom about academic and student affairs partnerships. About Campus, 9(6), 16-21 Mardis, J. M., Sullivan, D. J., & Gamm, C. (2013). Behavioral-intervention and treat-assessment teams in higher education: Results from an exploratory study. Journal of The Association of Student Conduct Administrators, 5, 1-38. National Association of Student Personnel Administrators. (2009). In search of safer communities: Emerging practices for student affairs in addressing campus violence. Washington, DC: Author. Penven, J. C., & Janosik (2012). Threat assessment teams model for coordinating the institutional response and reducing legal liability when college students threaten suicide. Journal of Student Affairs Research and Practice, 49(3), 299-314. Randazzo, M. R., & Plummer, E. (2009). Implementing behavioral threat assessment on campus Virginia Tech demonstration project. Blacksburg, VA: Virginia Polytechnic Institute and State University. Rasmussen, C., & Johnson, G. (2008). The ripple effect of Virginia Tech: Assessing the nationwide impact on campus safety and security policy and practice. Minneapolis, MN: Midwestern Higher Education Compact. Sandeen, A., & Barr, M. J. (2006). Critical issues for student affairs: Challenges and opportunities. San Francisco, CA: Jossey-Bass. Fall 2014 Georgia Journal 68 Developing Faculty-Staff Collaborations to Foster a Culture of Environmental Justice Andrew M. Wells As science and society better understand the challenges of global climate change, colleges and universities must prepare students to be environmentally just actors. To prepare tomorrow\u2019s leaders, today\u2019s educators must foster a culture of environmental justice on college campuses through independent efforts and collaborations between faculty and staff. This article examines the potential for student and academic affairs to collaborate to enhance students\u2019 learning about environmental justice through liberal arts education. The author also provides examples of pro- environmental work done in student and academic affairs and introduces opportunities for collaboration between staff and faculty. Fall 2014 Georgia Journal 69 Institutions of higher education have the capacity to contribute to future attitudes about the environment, both through the intentional development of college students, and in the teaching and research conducted by faculty. In the student affairs realm, practitioners\u2019 work directly impacts the experiences and development of the students they supervise, mentor, and coach (Creamer, Winston, & Miller, 2001). These student-practitioner relationships may influence students\u2019 attitudes toward the environment. At the same time, faculty members enjoy the protection afforded by academic freedom to integrate environmental issues into the classroom, regardless of the instructor\u2019s academic discipline. This potential for greater education about sustainability is timely given recent developments in the global understanding of the nature of climate change and the importance of sustainability in response to this issue (Intergovernmental Panel on Climate Change [IPCC], 2013). Coupled with the science of climate change, staff and faculty members\u2019 ability to promote environmentalism empowers educators to enhance students\u2019 holistic education by incorporating literacy about environmental justice into the educational experience. This article explores the opportunities for collaboration between staff and faculty to promote a culture of environmentalism and sustainability on campus The impact of global climate change necessitates an ethic of environmental justice \u2013 an understanding that systems of power and privilege promote a system in which the poor of the global south are both disproportionately impacted by global climate change, and disproportionately unable to curb the engines that create that climate change (Anguelovski, 2013; Hens & Stoyanov, 2014). Student affairs practitioners should seek opportunities for collaboration with faculty in order to support faculty members\u2019 efforts at educating Andrew Wells, Doctoral Student in the College Student Affairs Administration Ph.D. Program & Graduate Assistant for Counseling and Human Development Services, University of Georgia Fall 2014 Georgia Journal 70 students about global environmental justice. Additionally, staff can identify opportunities for faculty to be involved in student affairs practitioners\u2019 efforts to educate students. By combining these groups\u2019 knowledge, skills, and resources, staff and faculty can pursue a collaborative effort internal to the institution with the result of promoting a culture of sustainability on campus (Kezar & Lester, 2009). Sustainability benefits from interdisciplinary thinking and collaboration, with the benefit of institutional support, faculty and student affairs administrators may find that a collaborative approach to environmental justice is mutually beneficial (Martin & Samels, 2012). As explained below, the specter of global climate change warrants the inclusion of environmental issues in educators\u2019 social justice work. Social and Environmental Justice Promoting environmental justice is not just about marketing to environmentally conscious recruits or liberal fads. The world is increasingly globalized; our increasing interconnectedness confronts us with the global impacts of our local behavior recent report by the Intergovernmental Panel on Climate Change stated that not only is global climate change happening, but also the threats of rising ocean levels, more severe weather patterns, droughts, and the international conflict that follows these issues will disproportionately affect people in developing nations (2013). Global climate change is happening; it is influenced by human behavior, and only an intentional change in this human behavior can reduce the likelihood of future catastrophes (IPCC, 2013). This report demonstrates the environmental and social justice ramifications of global climate change. It is incumbent on institutions of higher education to promote environmental consciousness in our students so that they may make more informed and environmentally sound decisions as consumers and citizens. The culture of environmental Fall 2014 Georgia Journal 71 justice advocated here is consistent with the elements of liberal education that best prepare today\u2019s college students for the challenges of the future. Environmental Justice and Holistic Education Environmental issues touch many disciplines, affect all of us and warrant the attention of both administrators and faculty. The practice of sustainability is also applied as a holistic approach that advocates for environmental justice, while pointing to the feasibility of incorporating sustainability in navigating economic, environmental, and social spheres (Elkington, 1999). Educators would do well to ensure graduating college students are aware of the importance of environmental justice, in order to better equip them to make informed decisions as they move forward in their lives. To that end, environmental justice links directly to the call to enhance holistic education. Students graduating from institutions that prioritize holistic education about environmental justice will be better prepared to meet the challenges of the future, to navigate the job market, and to combat climate change. Student Affairs Practitioners\u2019 Roles Undergraduate students learn and develop both in and outside of the classroom, and this development benefits from student affairs practitioners\u2019 guidance (Pascarella & Terenzini, 2005). These practitioners need to consider the implications of their work for social and environmental justice (Dunn & Hart-Steffes, 2012; Longerbeam, 2008). Student affairs professionals are uniquely situated to link institutional values with educational experiences in the co-curriculum that are designed to promote sustainability (Schroeder et al., 1994; Kerr & Hart-Steffes, 2012). Practitioners will help students understand the global climate change in their local context, by educating student leaders about sustainability and environmental justice. Fall 2014 Georgia Journal 72 Inasmuch as sustainability and environmental awareness inform some student affairs practitioners\u2019 work, these administrators already promote elements of environmental justice on campus. At some institutions, residence and dining halls are laboratories for students and administrators to explore opportunities to introduce sustainable dining options and housing facilities (Pursehouse, 2012). In the University System of Georgia, some campuses such as University of Georgia (UGA) and Kennesaw State University allow students to garden on institutional land. In some cases, the food grown in these gardens is even served in the dining halls. In the residence halls, \u201cEcoReps\u201d are student volunteers in the Residence Hall Association who plan and implement social and educational programs that inform undergraduate students about sustainability. Students can also drive the move toward sustainability independent of the inputs of administrators and faculty. Student interest in environmental issues led to the creation of the Office of Sustainability at UGA. Faculty and administrators at University System of Georgia campuses can use existing student attitudes toward the environment to develop cultures of environmental justice (Pryor et al., 2008; Eagan, Lozano, Hurtado, & Case, 2013). Faculty and Academic Administrators\u2019 Roles Many faculty members already play a part in promoting environmental justice through research and teaching about global climate change. Our understanding of climate change today is thanks to the scholarship of these researchers (Cortese, 2013). Even in courses not inherently focused on climate science and its social implications, faculty have the prerogative to include the lens of sustainability in their teaching; in doing so, they also contribute to the culture of sustainability on campus (P. Yager, personal communication, January 9, 2014). Fall 2014 Georgia Journal 73 Beyond their individual responsibilities for teaching and research, faculty may find themselves collaborating across disciplines to advance sustainability. An example from is the Georgia Initiative for Climate and Society (GICS). The is an interdisciplinary committee of faculty throughout the institution who have the support of the Vice-President for Research to explore avenues for unique collaborations that promote awareness and action on issues related to the climate (GICS, n.d.). These faculty members combine their diverse academic backgrounds with the goal of exploring opportunities to educate their peers, students, and the Georgia citizenry about human-influenced climate change (P. Yager, personal communication, January 9, 2014). Given the modern understanding of the nature of global climate change, administrators in education should understand environmental literacy to be a tenet of a holistic liberal education (Pittman, 2012). Keeping in mind the student affairs practitioners\u2019 role in promoting a holistic liberal education, this is a key opportunity for academic and student affairs to collaborate. Instructors across disciplines are able to identify and explore the relevance of environmental justice in their respective fields; student affairs practitioners should reach out to these faculty members to invite them into collaborations that are relevant for their research and teaching agendas, and which also contribute to the campus culture of environmental justice. Enacting Collaboration There is no question that both academic and student affairs administrators are willing and able to embrace sustainability and environmental justice as an important factor of a quality liberal education (Pittman, 2012). Given that both sides of the proverbial house are working to promote awareness of environmental issues in their own ways, the challenge now is to identify where there is room for the two to collaborate. This collaborative approach to infusing Fall 2014 Georgia Journal 74 environmental justice into the holistic educational experience merits support both from senior leadership, as well as mid- and entry-level practitioners and faculty. Collaborative efforts at developing a culture of sustainability will benefit from engaging those energetic students, and connecting them with student affairs resources and faculty expertise. By matching the skills and expertise of junior administrators and faculty with the approbation and financial support of senior officials, collaborative approaches that promote environmental justice can even endure transitions in staffing and funding that might otherwise spell the end of such a project (Kezar & Lester, 2009). Student affairs practitioners know that faculty members have considerable expertise both within and outside their disciplines, and that when their expertise is mated with that of student affairs, student learning is enhanced (Kezar & Lester, 2009). The adage that two heads are better than one certainly applies in the endeavor to promote a campus\u2019 culture of environmental justice. Educators and administrators already collaborate to enhance students\u2019 learning and development. At the University of California, Santa Barbara, student affairs practitioners collaborate with faculty in the Introduction to the Research University course to improve students\u2019 transition to a research institution. Schroeder, Minor and Tarkow (1999) articulated the value of Freshman Interest Groups (FIGs) in promoting students\u2019 retention and satisfaction. Study abroad and service learning are also important and celebrated collaborations between academic and student affairs practitioners (Brejaart, Battit, & Dowal, 2009; Tarrant, Rubin, & Stoner, 2013). In all of the aforementioned examples, the motivation to invest in collaboration is derived from the faculty and administrators\u2019 belief that these initiatives enhance undergraduate students learning experiences (Kezar & Lester, 2009). As faculty and administrators accept that today\u2019s college students need to be educated for a future threatened by global climate change, a campus culture Fall 2014 Georgia Journal 75 that embraces and enhances sustainability will become increasingly central to the educational mission. Collaboration in Action Collaborations between faculty and staff can take many forms. The FIGs and freshman seminars discussed above are strong examples of current collaborative efforts that may be altered to incorporate a lens or focus on environmentalism. Similarly, service-learning programs may provide opportunities for faculty partnering with student affairs staff to capitalize on students\u2019 interest in service by incorporating environmental awareness into the curriculum. Service- learning is a perfect example of collaborations that promote sustainability. Students are exposed to issues of environmental justice (e.g., food scarcity, poverty, pollution, deforestation, etc.) in a learning environment that promotes active, solution-oriented engagement with the issue (Anguelovski, 2013). In many parts of Georgia, food deserts and poverty are fodder for exploration of environmental justice issues through service-learning or even undergraduate research. The educational experience can inform students about national and global issues, in addition to the examination of environmental justice in local contexts. On a macro level, senior campus administrators may choose to solicit the participation of faculty and student affairs staff in campus-wide efforts at promoting sustainability. These may involve task forces or working groups that examine the campus culture broadly. These might also involve green initiatives that promote campus greening through educational campaigns, outreach, or marketing efforts. Staff and faculty throughout the state university system can capitalize on the nature of the campus cultures, academic disciplines, and resources available to develop campus cultures of Fall 2014 Georgia Journal 76 environmental justice that exemplify the conservation of resources inherent in sustainability by focusing on adapting existing programs and services and incorporating this sustainability lens. Conclusion Collaborations between faculty and staff are not infrequent \u2013 student affairs administrators have significant experience collaborating with faculty in advising and teaching undergraduate students. Many colleges and universities offer freshman seminars, living-learning communities, and service learning, all of which are informed by student affairs administrators\u2019 expertise. Oftentimes these programs arise from the need to enhance student learning, respond to accreditation processes, or to accommodate students\u2019 interests. Germane to environmentalism, many undergraduate students come to campus with existing pro-environmental attitudes, and even a belief that the federal government should be actively combating global climate change (Pryor et al., 2008). In addition to these students\u2019 established values, many faculty and staff have interest in or knowledge about global climate change and the need for environmental justice. The task for today\u2019s administrators, faculty, and student affairs practitioners is to develop collaborative initiatives to capitalize on these existing student attitudes in order to achieve the goal of a campus climate that generates and sustains students\u2019 ongoing awareness of global climate change and the importance of environmentalism. Fall 2014 Georgia Journal 77 References Anguelovski, I. (2013). New directions in urban environmental justice: Rebuilding community, addressing trauma, and remaking place. Journal of Planning Education and Research, 33(2), 160-177. doi: 10.1177/0739456X13478019. Brejaart, R., Babbit, K., & Dowal, D. (2009). Case study: UNH-EcoQuest and sustainability in New Zealand \u2013 Te Rarangahau Taiao. In J. Aber, T. Kelly, & B. Mallory (Eds.), The sustainable learning community: One university\u2019s journey to the future (pp. 66-67). Durham, NH: University of New Hampshire Press. Cortese, A. D. (2013). The critical role of higher education in creating a sustainable future. Planning for Higher Education, 31(3), 15-29. Creamer, D. G., Winston, R. B. Jr., & Miller, T. K. (2001). The professional student affairs administrator: Roles and functions. In R.B. Winston, Jr., D. G. Creamer, & T.K. Miller (Eds.), The professional student affairs administrator: Educator, leader, and manager (pp. 3-38). New York, NY: Taylor & Francis Group. Dunn, M., & Hart-Steffes, J. (2012). Sustainability as moral action. In D. L. Liddell & D. L. Cooper (Eds.), New Directions for Student Services: No. 139. Facilitating the moral growth of college students (pp. 73-83). San Francisco, CA: Jossey-Bass. Eagan, K., Lozano, J. B., Hurtado, S., & Case. M. H. (2013). The American freshman: National norms for Fall 2013. Los Angeles: Higher Education Research Institute, UCLA. Elkington, J. (1999). Cannibals with forks: The triple bottom line of 21st Century business. Oxford, United Kingdom: Capstone Publishing Limited. Georgia Initiative for Climate and Society (n.d.). About the initiative: Objectives. Retrieved from Fall 2014 Georgia Journal 78 Hens, L., & Stoyanov, S. (2014). Education for climate changes, environmental health, and environmental justice. Journal of chemical technology and metallurgy, 49(2), 194-208. Intergovernmental Panel on Climate Change (2013). Summary for policymakers. In T. F. Stocker, D. Qin, G. K. Plattner, M. Tignor, S. K. Allen, J. Boschung, A. Nauels, Y. Xia, V. Bex, & P. M. Midgley (Eds), Climate Change 2013: The physical science basis. Contribution of Working Group to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change. Retrieved from Intergovernmental Panel on Climate Change website: Kerr, K., & Hart-Steffes, J. (2012). Sustainability, student affairs, and students. In B. A. Jacobs & J. Kinzie (Eds.), New Directions for Student Services: No. 137. Enhancing sustainability campuswide (pp. 7-18). San Francisco, CA: Jossey-Bass. Kezar, A., & Lester, J. (2009). Organizing higher education for collaboration guide for campus leaders. San Francisco: Jossey-Bass. Longerbeam, S. D. (2008). Preface. In K. G. Kerr (Ed.), Toward a sustainable future: The role of student affairs in creating healthy environments, social justice, and strong economies (pp. 5-7). Washington \u2013 College Student Educators International. Retrieved from healthy-environments-social-justice-and Martin, J., & Samels, J. E. (2012). The sustainable university need to move forward. In J. Martin & J. E. Samels, (Eds.) The sustainable university (pp. 3-17). Baltimore, MD: Johns Hopkins University Press. Pascarella, E. T., & Terenzini, P. T. (2005). How college affects students third decade of research. (Vol. 2). San Francisco, CA: Jossey-Bass. Fall 2014 Georgia Journal 79 Pittman, J. A. (2012). Student services and auxiliary enterprises. In B. A. Jacobs & J. Kinzie (Eds.), New Directions for Student Services: No. 137. Enhancing sustainability campuswide (pp. 29-39). San Francisco, CA: Jossey-Bass. Pryor, J. H., Hurtado, S., DeAngelo, L., Sharkness, J., Romero, L. C., Korn, W. S., & Tran, S. (2008). The American freshman: National norms for Fall 2008. Los Angeles, CA: Higher Education Research Institute, UCLA. Pursehouse, C. (2012). Sustainability in housing and dining operations. In B. A. Jacobs & J. Kinzie (Eds.), New Directions for Student Services: No. 137. Enhancing sustainability campuswide (pp. 41-52). San Francisco, CA: Jossey-Bass. Schroeder, C., Astin, A., Astin, H., Bloland, P., Cross, K. P., Kuh, G., Marchese, T., Nuss, E., Pascarella, E., Pruitt, A., & Rooney, M. (1994). Student learning imperative: Implications for student affairs. Washington \u2013 College Student Educators International. Retrieved from Schroeder, C.C., Minor, F. D., & Tarkow, T. A. (1999). Freshman interest groups: Partnerships for promoting student success. In J. H. Schuh & E. J. Whitt (Eds.), New Directions for Student Services: No. 87. Creating successful partnerships between academic and student affairs, (pp. 37-49). San Francisco, CA: Jossey-Bass. Tarrant, M. A., Rubin, D. L., & Stoner, L. (2013). The added value of study abroad: Fostering a global citizenry. Journal of Studies in International Education, 20(10), 1-21. DOI: 10.1177/1028314313497589 Fall 2014 Georgia Journal 80 Undergraduate Research Experiences: An Opportunity for Academic and Student Affairs Collaboration Tiffany J. Davis, Ph.D. Participation in high-impact educational activities produces high levels of achievement of desirable educational outcomes across domains including intellectual and practical skills, personal and social responsibility, and integrative and applied learning (Kuh, 2008). The student co-curricular experience has traditionally been viewed as the \u2018laboratory\u2019 for this type of affective and psychosocial development, with student affairs professionals serving as guides and mentors. This article includes some ideas, grounded both in current literature and my professional experience, for how student affairs professionals can begin to create meaningful collaborations with academic affairs. Fall 2014 Georgia Journal 81 As the population of students entering higher education has become increasingly diverse, colleges and universities have sought ways to intentionally design and create opportunities that will engage all students in ways that impact development, persistence, and graduation. Thus, research on high-impact educational practices (Kuh, 2008) has garnered the attention of higher education professionals. High-impact educational practices include learning communities, writing intensive courses, undergraduate research, first year seminars and experiences, service learning, internships, diversity/global experiences, collaborative learning, common intellectual experiences, and capstone seminars and projects (Kuh, 2008). The distinguishing characteristics of high-impact activities typically include the demand for students to devote significant time and effort to educationally purposeful tasks, the demand for students to interact with faculty and peers in academically meaningful ways over an extended time, and the increase in likelihood that students experience diversity as a result of interactions with diverse peers and perspectives (Kuh, 2008). Participation in high-impact educational activities produces high levels of achievement of desirable educational outcome across domains including intellectual and practical skills, personal and social responsibility, and integrative and applied learning (Kuh, 2008). Furthermore, Kuh (2008) noted results of participation are more striking for historically underserved populations in higher education, precisely the groups gaining more access to higher education. One particular trend has been the growth and expansion of undergraduate research programs because of the espoused benefits for all students and for the institution including student engagement, research productivity, and grant dollars awarded. Tiffany J. Davis, Ph.D., Teaching Assistant Professor and Higher Education Master's Program Coordinator, Department of Leadership, Policy and Adult and Higher Education, North Carolina State University Fall 2014 Georgia Journal 82 In fact, schools accredited through the Southern Association of Colleges and Schools Commission on Colleges (SACS) have often prioritized student-faculty research as an aspect of their Quality Enhancement Plans (QEPs) as a part of the reaffirmation process. The growing body of literature around undergraduate research has shown students who participate in research experiences demonstrate advanced critical thinking skills, reflexive judgment, and problem- solving skills (Hu, Scheuch, Schwartz, Gayles, & Li, 2008), which are consistent with the intended learning and engagement outcomes of the QEP. However, the field of student affairs has re-conceptualized the definition of learning since the National Association of Student Personnel Administrators (NASPA) and American College Personnel Association\u2019s (ACPA) joint statement Learning Reconsidered (Keeling, 2004). Student learning is \u201ca comprehensive, holistic, transformative activity that integrates academic learning and student development, processes that have often been considered separate, and even independent of each other\u201d (Keeling, 2004, p. 3). In fact, some research has found that psychosocial development is inextricably bound to optimal functioning within the collegiate environment, i.e. academic performance, academic motivation, and college satisfaction (Faye & Sharpe, 2008). Oftentimes, the term personal development is used interchangeably with psychosocial development to denote constructs that are outside the cognitive and intellectual domain including affective traits, values, and identity development. The student co-curricular experience has traditionally been viewed as the \u2018laboratory\u2019 for this type of affective and psychosocial development, with student affairs professionals serving as guides and mentors. Thus, the question should be raised, why has undergraduate research remained primarily associated with academic affairs when there is such promise and potential for collaboration with student affairs? Perhaps the history of the profession in dichotomizing the cognitive and affective Fall 2014 Georgia Journal 83 domains of student learning is a possible explanation for the minimal collaboration and partnership. The purpose of this article is to share some ideas, grounded both in current literature and my professional experience, for how student affairs professionals can begin to create meaningful collaborations with academic affairs. Prior to becoming a faculty member directed a Ronald E. McNair Post-Baccalaureate Achievement Program, more commonly known as the McNair Scholars Program. The McNair Program is a U.S. Department of Education-funded TRiO program designed for first generation, low-income students or students who are from a racial/ethnic group underrepresented at the doctoral level (e.g., African American, Latino American, or Native American). The program encourages students to pursue graduate studies by providing opportunities to engage in undergraduate research experiences and develop the skills and student/faculty mentor relationships critical to success at the doctoral level. As an administrator quickly realized that my position was different than that of most other directors, not only McNair programs, but also general undergraduate research programs was a student affairs professional, not an academic. The theoretical foundations, values, and expertise of my student affairs education and training strongly influenced how served as the administrator of the McNair Program and contributed to the holistic development and success of the program\u2019s participants. Thus am convinced that undergraduate research experiences, more broadly, could benefit from the collaboration of student affairs and academic affairs professionals to create a seamless environment for students. While will include a brief review of the rise of undergraduate research in today\u2019s colleges and universities to provide a context for its role, the focus will be on specific avenues that could be established or enhanced between student affairs functional areas and academic affairs. Fall 2014 Georgia Journal 84 The Rise of Undergraduate Research Undergraduate research and creative inquiry as a pedagogy and institutional practice is not groundbreaking within higher education. In fact, research universities have a longstanding history of engaging undergraduates in research and scholarship (Katkin, 2003). National associations have even existed for many decades and coordinated such efforts, e.g., the Council for Undergraduate Research (CUR) was formed in 1978 and the National Science Foundation (NSF) created its Research Experiences for Undergraduates (REU) Program by the mid-1980s (Merkel, 2003). Research experiences historically situated in disparate departments, and labs across an institution have now expanded to become institutionally endorsed and campus-wide comprehensive undergraduate research programs. The literature points to the release of the Boyer Commission on Educating Undergraduates in the Research University (1998) report, Reinventing Undergraduate Education Blueprint for America\u2019s Research University, as the catalyst that stimulated interest in strengthening and broadening participation surrounding undergraduate research (Hu, Kuh, & Gayles, 2007; Katkin, 2003; Kinkead, 2003; Merkel, 2003). The Boyer Commission Report (1998), as it is commonly referred, is the result of a collaborative work group funded by the Carnegie Foundation in 1995 to examine the state of undergraduate education at research universities. This report was \u201cdriven by the conviction that research universities are uniquely positioned to offer an undergraduate education that takes advantage of the immense resources of their research and graduate programs\u201d (Katkin, 2003, p. 24). However, the Commission criticized research universities for its lack of integrated student learning (Boyer Commission, 1998) and failing to demonstrate significant progress or success in reinvigorating undergraduate education (Merkel, 2003). The Boyer Commission Report thus explicated ten recommendations for ways of changing undergraduate education in an effort to Fall 2014 Georgia Journal 85 engender debate about the status of undergraduate education in hopes of leading to institutional reform. One of the key recommendations was research universities should make research-based learning the standard (Boyer Commission, 1998). This recommendation implies that institutions should be engaging undergraduates in a research experience or a creative endeavor to assist in the development of skills such as collaboration, creative problem solving, critical thinking, and communication (Kinkead, 2003). Partnerships Between Academic and Student Affairs The broad definition of undergraduate research includes \u201cscientific inquiry, creative inquiry, and scholarship\u201d (Kinkead, 2003, p. 6) across a wide-ranging spectrum of academic disciplines; \u201can undergraduate research project might result in a musical composition, a work of art, an agricultural field experiment, or an analysis of historical documents\u201d (p. 6). Consequently, there are myriad connections that can be made for partnership and involvement by student affairs functional units due to the diversity of our services and programs. What offer are some areas of connection that can produce mutually beneficial collaborations for academic and student affairs departments while enhancing the undergraduate research culture and experience for students. Multicultural Student Affairs Even with the intentional culture that has been nurtured around undergraduate research at many institutions, participation by students of color continues to lag. Frierson and Zulli (2002) generated three sub-themes for non-participation through interviews with minority students: \u201clack of awareness about available research opportunities, a feeling of intimidation about approaching professors and other individuals to inquire actively about available research experiences, and the fact that the students\u2019 lack of exposure to research lead them to have negative preconceptions about research itself\u201d (p. 125). Campus culture centers and multicultural Fall 2014 Georgia Journal 86 affairs offices often serve as affirming spaces for students of color while promoting connection and networking between faculty, staff, and students (Patton, 2006). Therefore, multicultural affairs professionals can serve as effective gatekeepers for faculty members searching for promising undergraduates to work in research labs, engage in research teams, or be mentored through independent research experiences. Multicultural staff members can also equip students with the skills and confidence to successfully negotiate faculty-student interactions through the mentoring relationships that are typically developed between professionals and students both in one-on-one situations as well as organizational involvement through these departments. Moreover, culture centers are increasingly integrating academic initiatives, such as lecture series and workshops, which could serve as an excellent outlet for faculty members and student researchers to not only showcase their research, but also demystify the experience for undergraduate students. Career Services Heightened graduate school aspirations and positive impacts on future career choice are consistently touted as outcomes of participation in student-faculty research (Hu, Kuh, & Li, 2008; Kinkead, 2003). In fact, some organized undergraduate research programs, such as the McNair Scholars Program and Louis Stokes Alliance for Minority Participation (LSAMP), are specifically focused on increasing the diversity pipeline to the professoriate and other professional graduate programs. Thus, undergraduate researchers need access to resources and information that can effectively prepare them for the graduate school search in ways that leverage their research experience. Connections with career advisors who can provide guidance on graduate school planning; internship opportunities, resume critiques, and interviewing skills Fall 2014 Georgia Journal 87 would be a welcomed collaboration with faculty mentors and institutionalized research programs. For students who may choose to enter the workplace following graduation, it would be helpful to have advisors who can help them clearly articulate the gains they have received from the undergraduate research experience, from the intellectual-cognitive to the personal-social. In fact, student affairs staff members are well-positioned to promote a holistic reflection of the research experience. Staff members should ask students to consider how it has contributed to more affective outcomes such as self-understanding and efficacy, working effectively with others, and leadership development \u2013 skills and competencies that are marketable and desirable for both the global workplace and graduate school. As undergraduate researchers often work in silos within the university, career services professionals are encouraged to consider enacting these recommendations through intentional outreach and marketing efforts to academic disciplines, departments, and colleges. Faculty members often serve in this de facto career advisory role for individual students; however, there is promising opportunity for the vast resources, information, and expertise that career services professionals can provide to holistically support undergraduate researchers. Residence Life and Housing keystone of the residential model lies in the knowledge that peer influence plays a significant role in student learning and development during the college years (Pascarella & Terenzini, 2005) and living-learning communities (LLCs) serve as exemplars for spaces where positive peer influence is realized. Students have the opportunity to live with those who share similar academic interests, in this case participation in scholarly and creative activities/research. Offering a community for students who can not only understand the time commitment, Fall 2014 Georgia Journal 88 discipline, and rigor associated with participating in undergraduate research, but who can also support the academic habits that will allow one to be successful could only strengthen the culture around undergraduate research. Furthermore, with a history of collaboration with academic affairs, LLCs often provide students with opportunities to engage with faculty outside of the classroom and increased interactions with diverse peers (Inkelas & Weisman, 2003). It is not uncommon for university honors programs to have such communities. However, not every student who participates in research may be an honors student. Therefore, residence life and housing professionals should consider how undergraduate researchers may find support and community among like-minded peers through the creation of a themed community. Student Leadership and Service Offices of student leadership and service frequently serve as clearinghouses on campuses to connect all students to co-curricular organizational involvement, civic engagement projects, and leadership development opportunities. Although undergraduate research is often initiated within the arena of academic affairs, student researchers could benefit from the resources and programs offered through such offices. As campuses expand their leadership programs to include both leadership certificate programs and academic minors (Dugan & Komives, 2007), student affairs professionals should appeal to an inclusive audience that embraces students who are outside of the \u2018typical student leader\u2019 archetype. Leadership manifests itself in a variety of endeavors, and the undergraduate research experience is no exception. Through the research process, students develop valuable leadership skills such as teamwork, communication, multitasking, and problem-solving. Leadership resources and programming that takes into account student researchers\u2019 unique experience (both in time commitment and rigor) would Fall 2014 Georgia Journal 89 allow them to see themselves as leaders (in my professional experience, students do not always make this connection) and provide a language to allow students to better articulate their learning and development, whether on graduate school applications or job applications. Collaborative programming by faculty mentors and student affairs staff can personalize services and opportunities available to student researchers and possibly lead to other initiatives such as civic engagement initiatives. Service-learning efforts, also a high-impact activity, have expanded at many colleges and universities. Service opportunities that connect with issues students may be researching alongside their faculty mentors (e.g., education, health, and sustainability) represent an ideal nexus between the co-curricular and curricular lives of undergraduate student researchers. The critical reflection that accompanies service-learning experiences can assist researchers in making sense of their research experience within a leadership and community-oriented framework, such as the Social Change Model of Leadership (Higher Education Research Institute [HERI], 1996). Collaboration between academic and student affairs for service-learning initiatives frequently occurs on campuses, this recommendation encourages professionals to go further by considering the topics of undergraduate student research projects in the planning and design of potential projects. First Year Programs Research participation is not restricted to only upper-class students. For underrepresented racial/ethnic and first-generation students particularly, undergraduate research experiences have been suggested to be effective in helping connect them to the academic community during the critical, first two years of college (Ishiyama, 2002). Therefore, orientation and welcome events offer excellent spaces for information sessions on undergraduate research opportunities and Fall 2014 Georgia Journal 90 showcasing research currently being conducted by students. Introducing undergraduate research experiences as an accessible option for student involvement earlier during the college experience might help to close the engagement gaps by piquing the interest of a broader audience of students, especially more academically-focused students from all backgrounds. Alumni Affairs and Development The aforementioned recommendations primarily focus on collaborations that have the potential to enhance the campus-based undergraduate student research experience; this suggestion considers undergrad research alumni. Fundraising and development efforts increasingly hinge on affinity-based giving among alumni, which is based on factors such as more student involvement and greater satisfaction with the quality of education they receive (McDearmon & Shirley, 2009). Based on a survey of nearly 1000 alumni at a single institution, Bauer and Bennett (2003) found those who had undergraduate research experience not only reported greater intellectual and personal gains, but also higher satisfaction with their overall undergraduate education when compared to those without research experience. Alumni and development officers could benefit from creating systems that track participation in undergraduate research experiences as these alumni may possess a greater propensity given their connection to the institution and a higher capacity to give, assuming the career-related outcomes that derive from increased graduate school attendance. Undergraduate research alumni may be particularly motivated to give back to the programs, colleges, and departments that supported their research involvement, this includes both academic and student affairs units. Conclusion and Future Directions As student affairs professionals, we have read about and reflected on our responsibility to affect student learning and development in collaboration with our academic affairs colleagues Fall 2014 Georgia Journal 91 and forge educational partnerships (Blimling and Whitt, 1996), collaborate with academic affairs (ACPA, 1996), and form powerful partnerships (American Association for Higher Education [AAHE], ACPA, & NASPAA, 1998). Personally, in no other professional experience did more clearly understand and work toward integrating the intellectual and affective domains for students than in my work with the McNair Program Scholars Program. Existing literature supports my experience by demonstrating that engagement in undergraduate research and creative inquiry has desired impacts on student learning and personal development (Pascarella & Terenzini, 2005). Undergraduate research experiences stand as a promising opportunity for great collaboration and involvement between academic and student affairs and in this article have suggested some connections whereby academic and student affairs staff can collaborate to create, strengthen, and sustain powerful undergraduate research experiences. However offer these recommendations with the expectation that both academic and student affairs staff will attend to best practices in enacting these collaborations, such as shared responsibility and a focus on student learning and success (Kuh, Kinzie, Schuh, Whitt & Associates, 2010 am confident the synergy of student affairs professionals\u2019 expertise, time, and resources will prove to be value- added for successful undergraduate research experiences that are being coordinated by our academic affairs and faculty colleagues. Fall 2014 Georgia Journal 92 References American Association for Higher Education, American College Personnel Association, & National Association of Student Personnel Administrators. (1998). Powerful partnerships shared responsibility for learning. Washington, DC: Authors. American College Personnel Association. (1996). The student learning imperative: Implications for student affairs. Journal of College Student Development, 37(2), 188-122. Bauer, K. W., & Bennett, J. S. (2003). Alumni perceptions used to assess undergraduate research experience. The Journal of Higher Education, 74(2), 210-230. Blimling, G., & Whitt, E. J. (1996). Good practices in student affairs. San Francisco, CA: Jossey-Bass. Boyer Commission on Educating Undergraduates in the Research University. (1998). Reinventing Undergraduate Education Blueprint for America\u2019s Research Universities. Stony Brook, NY: Carnegie Foundation for the Advancement of Teaching. Dugan, J. P., & Komives, S. R. (2007). Developing leadership capacity in college students: Findings from a national study report from the Multi-Institutional Study of Leadership. College Park, MD: National Clearinghouse for Leadership Programs. Faye, C., & Sharpe, D. (2008). Academic motivation in university: The role of basic psychological needs and identity formation. Canadian Journal of Behavioural Science, 40(4), 189-199. Frierson, H. T., & Zulli, R. A. (2002). Examining the perceptions of minority undergraduate students participating in a university-based research program. African American Education, 2, 119-132. Fall 2014 Georgia Journal 93 Higher Education Research Institute. (1996 social change model of leadership development: Guidebook (Version III). Los Angeles, CA: Author. Hu, S., Kuh, G. D, & Gayles, J. G. (2007). Engaging undergraduate students in research activities: Are research universities doing a better job? Innovative Higher Education, 32, 167-177. Hu, S., Kuh, G. D, & Li, S. (2008). The effects of engagement in inquiry-oriented activities on student learning and personal development. Innovative Higher Education, 33, 71-81. Hu, S., Scheuch, K., Schwartz, R. A., Gayles, J. G., & Li, S. (2008) Reinventing undergraduate education: Engaging college students in research and creative activities Higher Education Report, 33(4). doi: 10.1002/aehe.3304 Inkelas, K. K., & Weisman, J. L. (2003). Different by design: An examination of student outcomes among participants in three types of living-learning programs. Journal of College Student Development, 44(3), 335-368. Ishiyama, J. (2002). Does early participation in undergraduate research benefit social science and humanities students? College Student Journal, 36(3), 380-386. Katkin, W. (2003). The Boyer Commission Report and its impact on undergraduate research. In J. Kinkead (Ed.), New Directions for Teaching and Learning: No. 93. Valuing and supporting undergraduate research (pp. 19-38). San Francisco, CA: Jossey-Bass. Keeling, R. P. (Ed.). (2004). Learning reconsidered campus wide focus on the student experience. Washington, DC: ACPA, & NASPA. Kinkead, J. (2003). Learning through inquiry: An overview of undergraduate research. In J. Kinkead (Ed.), New Directions for Teaching and Learning: No. 93. Valuing and supporting undergraduate research (pp. 5-17). San Francisco, CA: Jossey-Bass. Fall 2014 Georgia Journal 94 Kuh, G. D. (2008). High-impact educational practices: What they are, who has access to them, and why they matter. Washington, DC: Association of American Colleges and Universities (AACU). Kuh, G. D., Kinzie, J., Schuh, J. H., Whitt, E. J., & Associates (2010). Student success in college: Creating conditions that matter. San Francisco, CA: John Wiley & Sons. McDearmon, J. T., & Shirley, K. (2009). Characteristics and institutional factors related to young alumni donors and non-donors. International Journal of Educational Advancement, 9, 83-95. Merkel, C. A. (2003). Undergraduate research at the research universities. In J. Kinkead (Ed.), New Directions for Teaching and Learning: No. 93. Valuing and supporting undergraduate research (pp. 39-53). San Francisco, CA: Jossey-Bass. Pascarella, E. T., & Terenzini R. T. (2005). How college affects students third decade of research (Vol. 2). San Francisco, CA: Jossey-Bass Patton, L. D. (2006). The voice of reason qualitative examination of Black student perceptions of Black culture centers. Journal of College Student Development, 47, 628\u2013 644. Fall 2014 Georgia Journal 95 Collaborating with Academic Affairs to Cultivate Environments that Support Student Integrity J. Matthew Garrett, Ph.D. Alex C. Lange Integrity development has been recognized as a common outcome at many colleges and universities (Association of American Colleges & Universities, 2012; Chickering & Reisser, 1993; Dugan & Komives, 2007; Higher Education Research Institute, 1996). Thus, it is important to create academic and student affairs collaborations that promote the development of students\u2019 integrity and values clarification. In this article, we briefly discuss existing and new integrity research that informs how practitioners and administrators can structure environments supportive of students\u2019 value clarification and congruence with their actions on campus. We use student Honor Codes/Codes of Conduct as an example source of collaboration on campus. Fall 2014 Georgia Journal 96 Developing one\u2019s personal sense of integrity has become a core outcome of today\u2019s college experience, especially as it relates to social responsibility and active citizenship in one\u2019s communities of influence (Association of American Colleges & Universities [AAC&U], 2012; Chickering & Reisser, 1993; Dugan & Komives, 2007; Higher Education Research Institute [HERI], 1996). Many of the frameworks leadership educators utilize on campus reflect some degree of integrity development (HERI, 1996; Komives, Lucas, & McMahon, 2013; Komives, Wagner, & Associates, 2009; Kouzes & Posner, 1987). While integrity is recognized as an important facet of a student\u2019s development, there has been little research that has focused exclusively on integrity development. This concept is so central to higher education environments that it should be further investigated for possible collaborative activities. In this article, we will discuss our conceptualization of integrity as well as its sub constructs. Using our frame of integrity, grounded in literature, we briefly discuss a specific study that leads practitioners to examine, more closely, the environment\u2019s influence on integrity development. The findings of the study lead us to the process-person-context-time model of Bronfenbrenner (1992) as a way to conceptualize intentional learning environments. These intentional environments are spaces for collaborative work, which in turn lead to increase learning and integrity. After reviewing the model, we discuss its implications for practice in academic and student affairs partnerships. Integrity Definition and Constructs The lack of a standard definition or conceptualization of integrity can create a challenge in researching the construct (Palanski & Yammarino, 2007). There are, however, several _____________________________________________________________________________________ J. Matthew Garrett, Ph.D., Senior Director, Center for Student Leadership & Community Engagement, Emory University Alex C. Lange, Assistant Director of the Resource Center, Michigan State University Fall 2014 Georgia Journal 97 characterizations of integrity in philosophical and moral reasoning literature (Stanford Encyclopedia of Philosophy, 2011). Common throughout these conceptualizations is the fact that integrity is not so much a particular set of character traits; it is rather a process and lived experience where one espouses a set of values to guide one\u2019s actions and then enacts those values in practice consistently over time, despite opposition and difficulty. Essentially, integrity is not a quality someone has, but a conviction one demonstrates repeatedly despite the difficulty of various situations (Calhoun, 1995; Chickering & Reisser, 1993; Komives et al., 2009; Palanski & Yammarino, 2007; Schlenker, 2008; Stanford Encyclopedia of Philosophy, 2011). As people develop over time, decisions and actions become guided by internal frameworks and personal value systems (Baxter Magolda, 2001; Chickering & Reisser, 1993; Perry, 1981). Essential to this conceptualization of integrity are two key constructs: values and congruence. Values Values are \u201cdesirable goals, varying in importance, that serve as guiding principles in the life of a person or other social entity\u201d (Schwartz, 1994, p. 21). Values predict and explain behavior on individual, communal, and societal levels (Schwartz, 2006). Values help provide a foundation for behavior and intention, guiding one\u2019s actions. Values have been used to predict certain college outcomes, such as academic success (Lounsbury, Fisher, Levy, & Welsh, 2009). Also, a review of most institutional mission statements will reveal a commitment to creating graduates who possess a system value that prepared them for successful citizenship after graduation. Congruence Congruence is the ongoing process where people have consistency between their sincerely held values, personal beliefs, and their actions or behavior (Chickering & Reisser, Fall 2014 Georgia Journal 98 1993; HERI, 1996; Miller & Schlenker, 2011; Schlenker, 2008; Stanford Encyclopedia of Philosophy, 2011). Students who demonstrate mature levels of integrity will demonstrate actions and behaviors that are consistent with their own values, beliefs, attitudes, and emotions (Komives et al., 2009). In student affairs we need to better understand how our role, in collaboration with our academic partners, can increase this congruence and resulting personal and social integrity. Integrity Development and Student Environments Recent research found a link between values, congruence, identity, environments, and integrity development. Using qualitative methods situated in a constructivist paradigm (Crotty, 1998; Preissle & Grant, 2004), the primary author conducted a study to understand better the development of integrity in college students. Using a narrative inquiry approach to explore the experiences of college students as they developed their own conceptions of integrity (Connelly & Clandenin, 1990; Mertens, 2005), the ten participants in the study, from two different institutional types, each took part in one interview ranging from 50 to 90 minutes. Students were asked questions about their values, how their values were clarified over time, and how their actions would or would not be in congruence with their values over time. While the study had a variety of findings, there were two core findings related to integrity development that are important for the conceptualizations of partnerships: the influence of social identities and the influence of environments in values clarification. Nearly all the participants noted that various social identities (i.e. race, class, gender, sexual orientation) were salient influences that helped them develop a stronger sense of their personal values. For instance, one participant discussed how his identity as a gay man influenced his ability to show compassion or empathy to those with whom he works. Two female participants of color talked about how their Fall 2014 Georgia Journal 99 experiences of marginalization clarified their own values around acceptance, love, and inclusion. While we as practitioners and administrators do not control the identities students bring with them to our institutions (Astin, 1993), we do control the environments in which our students live and learn. Those identities in interaction with the students\u2019 environments provided great insight through the study. Using this finding, we looked to environmental ecology literature to apply environmental theory to the development of integrity in college students. Influence of Environments in Values Identification As shown in the previously discussed study, it is important to pay attention to the interplay between student\u2019s identities and the environment, especially as it relates to values identification. The role of the environment and the interplay of the student\u2019s social identities at least in this study emerged as vitally important to the development of integrity and to the development of one\u2019s values. Students described the multiple, significant environments they were a part of over time that helped to shape and clarify their own values (e.g. high school, family, friends, hometowns, places of worship, etc.). As such, we need to pay particular attention to the environments we create and how we can work with partners across campus to increase the integrity of our students. Application \u201cAmong the perceived barriers to achieving the purposes of higher education is fragmentation of campuses and curricula\u201d (Whitt, 2011, p. 483). Much of the student success literature has pointed to the idea of seamless learning environments, where educational purposes are aligned with policies and practices created to achieve those purposes (Kuh, 1996; Kuh, Kinzie, Schuh, Whitt, & Associates, 2010; Pascarella & Terenzini, 2005). As we discussed above, one\u2019s identities and their environment play a key role in their value identification and Fall 2014 Georgia Journal 100 integrity development. Students come to college with their identities and characteristics. We, as practitioners and administrators, have the ability to affect the college environment to support students and help achieve desired learning outcomes (Astin, 1993; Nesheim et al., 2007). If students\u2019 integrity development is a core college outcome, then we must structure different levels of an environment to help achieve this intended outcome. Creating a seamless learning environment is not just the responsibility of student affairs practitioners; there must be collaboration with academic affairs (Kuh et al., 2010; Nesheim et al., 2007; Strange & Banning, 2001 common collaboration that can be conceptualized to support integrity development is a student affairs-academic affairs partnership centered on student codes. For example, The Carolinian Creed at the University of South Carolina ( was developed in collaboration with faculty, staff, and students and now has a dramatic impact on the behavior and integrity of students. More and more universities are establishing Honor Codes to hold students to a certain standard of academic honesty and integrity, sometimes situated in individual academic colleges and other times managed by student affairs. At some institutions, academic administrators and faculty manage academic dishonesty cases, not unlike student affairs practitioners who help to enforce the student code of conduct. More importantly, though, integrity of students is pivotal both in the academic integrity and ethical behavior of students. Both divisions want students to be honest and productive members of the campus community. Instead of focusing on which units own which processes, institutions would be better served if student and academic affairs administrators worked together to create developmentally supportive environments. For example, undergraduate students spend a great deal of time in their classrooms with faculty Fall 2014 Georgia Journal 101 members. Depending on the students\u2019 resources, class standing, and abilities, they may also be participating in co-curricular activities, living in a residence hall, or working on research with faculty members. All of these are examples of a student\u2019s microsystems, the areas in which they spend the most time and have high interaction with during their daily lives. Oftentimes, colleges and universities will require faculty to list the academic honor code on course syllabi. Many faculty members tend to reference this portion of their syllabus on the first day of class without really reviewing it or discussing it in detail. If faculty members were to discuss the honor code in their classrooms in every class during the first week and enter into dialogue with students about its significance, students may better understand why academic dishonesty and plagiarism are not tolerated at the institution. Dialoguing with students about the honor code, rather than just telling them it\u2019s important, allows students to have a voice in the process and gives them buy-in to follow and respect the code. However, students must also know that a culture of honesty is expected in other places on campus, as well. For instance, resident assistants can host academic based programs to talk about past incidents of plagiarism and academic dishonesty and discuss how they have been or could be harmful to the campus community. They could involve faculty members or academic deans to talk about these issues. If discussions about academic honesty and trustworthiness occur across microsystems, then students will have less gray area around what constitutes plagiarism and academic dishonesty and be able to make stronger meaning around an institution\u2019s attitudes towards academic veracity \u2013 which creates a seamless mesosystem for student learning. For instance, if every faculty member discussed the policy in their class with student affairs also sponsoring programs around honesty and integrity (e.g., values training with Greek students, etc.), students would understand that there is a campus climate that disapproves of academic dishonesty. Fall 2014 Georgia Journal 102 However, if these messages only come from one unit, students may suspect that these policies only are enforced in certain environments (e.g., the classroom) and not in others (e.g., research labs or student organizations). Exosystems are environments that do not contain an individual, but still have some effect on the individual. Exosystems produce messages for students about what is and what is not acceptable. For instance, while it is great that faculty members and student affairs practitioners are having important conversations with students about why academic honesty is important, if students do not see certain behaviors dealt with or investigated after being reported, students could see the institution\u2019s espoused values of academic honesty being one that is not enacted upon. Decisions about conduct proceedings and procedures for academic dishonesty claims are also exosystems, as they affect individuals even though that is not an environment (i.e. the committee or office that establishes those policies and procedures) the individual is present in. Also, if students report others\u2019 dishonesty and there is no follow-up (i.e. investigation and/or punishment, if the situation calls for it), students may perceive the lack of follow through as incongruence between institutional values and actions. Finally, we can conceptualize macrosystems in terms of the norms and traditions of a given institution. How does the institution as a whole communicate a culture that helps students develop a personal sense of integrity? For example, some traditions that institutions allow to persist may actually run counter to the notion of students and integrity. Do fraternities and sororities promote integrity, or promote behavior that lacks congruence with institutional values? Do athletic traditions promote values of diversity and justice on our campuses, or continue to perpetuate harmful stereotypes? Are all students treated equally in academic dishonesty cases, or are some students treated differently creating a culture of mistrust or misalignment of values? Fall 2014 Georgia Journal 103 When the institution or its leaders make mistakes, how do they own up to those mistakes and honor that their behavior was out of alignment of the values of the institution thereby setting a culture of integrity for students to model? Many times, during a campus or academic orientation for example, administrators may host sessions dedicated to the code of conduct and/or honor code of the institution; however, the better question to answer is how is the notion of integrity woven integrally into the fabric of the entire culture of the institution, or mesosystem of the environment? In addition to this session and continued conversations around academic dishonesty throughout the school year, other messages around campus culture and climate towards academic dishonesty can become the norm over time. Concluding Implications As practitioners, we cannot underestimate the important role the environment plays in the development of integrity. In the case of integrity, better understanding the individual student, the presses of the environment that may positively or negatively impact behavior, and the role of overall culture in promoting student integrity will be key to developing effective partnerships with academic affairs. Creating seamless learning environments that not only promote integrity through values alignment and congruence, but also promote holding one\u2019s self and their peers accountable should be a focus for student affairs practitioners. The challenge is that students enter our institutions from many other environments, yet they all converge at our institutions. It is our responsibility to help create an environment in which all of our students can thrive and learn to be people of integrity. Fall 2014 Georgia Journal 104 References Association of American Colleges & Universities. (2012 crucible moment: College learning and democracy\u2019s future. Washington, DC: Author. Astin, A. W. (1993). Studying college impact. In What matters in college: Four critical years revisited, (pp. 1-31). San Francisco, CA: Jossey-Bass. Baxter Magolda, M. B. (2001). Making their own way: Narratives for transforming higher education to promote self-development. Sterling, VA: Stylus Publishing. Bronfenbrenner, U. (1992). Ecological systems theory. In R. Vasta (Ed.), Six theories of child development: Revised formulations and current issues (pp. 187-249). London, England: Jessica Kingsley. Calhoun, C. (1995). Standing for something. The Journal of Philosophy, 92(5), 235-260. Chickering, A.W., & Reisser, L. (1993). Education and identity (2nd ed.). San Francisco, CA: Jossey-Bass. Connelly, F. M., & Clandinin, D. J. (1990). Stories of experience and narrative inquiry. Educational Researcher, 19(4), 2-14. Crotty, M. (1998). The foundations of social research: Meaning and perspective in the research process. Thousand Oaks, CA: Sage. Dugan, J. P., & Komives, S. R. (2007). Developing leadership capacity in college students: Findings from a national study report from the Multi-Institutional Study of Leadership. College Park, MD: National Clearinghouse for Leadership Programs. Higher Education Research Institute. (1996 social change model of leadership development: Guidebook (Version III). Los Angeles, CA: Author. Fall 2014 Georgia Journal 105 Komives, S. R., Lucas, N., & McMahon, T. R. (2013). Exploring leadership: For college students who want to make a difference (3rd ed.). San Francisco, CA: Jossey-Bass. Komives, S. R., Wagner, W., & Associates. (2009). Leadership for a better world: Understanding the social change model of leadership development. San Francisco, CA: Jossey-Bass. Kouzes, J., & Posner, B. (1987). The leadership challenge: How to keep getting extraordinary things done in organizations. San Francisco: Jossey-Bass. Kuh, G. D. (1996). Guiding principles for creating seamless learning environments for undergraduates. Journal of College Student Development, 37, 135 \u2013 148. Kuh, G. D., Kinzie, J., Schuh, J. H., Whitt, E. J., & Associates. (2010). Student success in college: Creating conditions that matter. San Francisco, CA: Jossey-Bass. Lounsbury, J. W., Fisher, L. A., Levy, J. J., & Welsh, D. P. (2009). An investigation of character strengths in relation to the academic success of college students. Individual Differences Research, 7(1), 52-69. Mertens, D. M. (2005). Research and evaluation in education and psychology: Integrating diversity with quantitative, qualitative, and mixed methods (2nd ed.). Thousand Oaks, CA: Sage. Miller, M. L., Schlenker, B. R. (2011). Integrity and identity: Moral identity differences and preferred interpersonal reactions. European Journal of Personality, 25, 2-15. Nesheim, B. E., Guentzel, M. J., Kellogg, A. H., McDonald, W. M., Wells, C. A., & Whitt, E. J. (2007). Outcomes for students of student affairs-academic affairs partnership programs. Journal of College Student Development, 48(4), 435-454. Fall 2014 Georgia Journal 106 Palanski, M. E. & Yammarino, F. J. (2007). Integrity and leadership: Clearing the conceptual confusion. European Management Journal, 25(3), 171-184. Pascarella, E. T., & Terenzini R. T. (2005). How college affects students third decade of research (Vol. 2). San Francisco, CA: Jossey-Bass Perry, W. G. (1981). Cognitive and ethical growth: The making of meaning. In A.W. Chickering & Associates (Eds.), The modern American college: Responding to the new realities of diverse students and a changing society (pp. 76-116). New York: Jossey-Bass. Preissle, J., & Grant, L. (2004). Fieldwork traditions: Ethnography and participant observation. In K. de Marrais & S. Lapan (Eds.), Foundations for research: Methods of inquiry in education and the social sciences, (pp. 161 \u2013 180). Mahwah, NJ: Lawrence Erlbaum Associates. Schlenker, B. R. (2008). Integrity and character: Implications of principled and expedient ethical ideologies. Journal of Social and Clinical Psychology, 27(10), 1078-1125. Schwartz, S. H. (1994). Are there universal aspects in the structure and contents of human values? Journal of Social Issues, 50(4), 19-45. Schwartz, S. H. (2006). Value orientations: Measurement, antecedents, and consequences across nations. In R. Jowell, C. Roberts, R. Fitzgerald, & G. Eva (Eds.), Measuring attitudes cross-nationally: Lessons from the European social survey (pp. 161 \u2013 193). London, England: Sage. Stanford Encyclopedia of Philosophy. (2011). Integrity. Retrieved from Strange, C. C., & Banning, J. H. (2001). Educating by design: Creating campus learning environments that work. San Francisco, CA: Jossey-Bass. Fall 2014 Georgia Journal 107 Whitt, E. J. (2011). Academic and student affairs partnerships. In J. H. Schuh, S. R. Jones, S. R. Harper, & Associates. Student services handbook for the profession (5th ed., pp. 482- 496). San Francisco, CA: Jossey-Bass. Fall 2014 Georgia Journal 108 Collaborative Efforts: Raising Students\u2019 Multicultural Consciousness through Academic Affairs and Student Affairs Partnerships Shannon R. Dean, Ph.D. This article presents the need to shift language around multicultural competence to multicultural consciousness in the context of college students\u2019 learning and development. Engaging in collaboration between academic and student affairs around multicultural consciousness supports student learning. Finally, the article outlines examples of three collaborations that can enrich students\u2019 learning and development in the area of multicultural consciousness. Fall 2014 Georgia Journal 109 \u201cPeople collaborate when the job they face is too big, is too urgent, or requires too much knowledge for one person or group to do alone.\u201d (American Association for Higher Education [AAHE], American College Personnel Association [ACPA], & National Association of Student Personnel Administrators [NASPA], 1998, p. 1) For decades, student affairs literature has stressed the importance of collaborating with faculty in academic affairs to enhance student learning and development. College student learning and development demand a collaborative effort, as the task of fostering students\u2019 holistic development is far too great for a single person or entity to accomplish. The Student Learning Imperative (American College Personnel Association [ACPA], 1996) and Powerful Partnerships (AAHE, ACPA, & NASPA, 1998) focused on creating learning environments that enhance student learning and development. More recently, Learning Reconsidered (Keeling, 2004) and Learning Reconsidered 2 (Keeling, 2006) argued that student learning and development are activities that must be shared between student affairs and academic affairs. These documents outline seven shared learning outcomes for college students: cognitive complexity, knowledge acquisition and application, humanitarianism, civic engagement, interpersonal and intrapersonal competence, practical competence, and persistence and academic achievement. Although each of these outcomes is important, this article will emphasize the need for collaborative efforts between academic affairs and student affairs to achieve the outcome of humanitarianism (i.e., understanding and appreciating human difference and developing cultural competency). Shannon R. Dean, Ph.D., Assistant Professor, Texas State University Fall 2014 Georgia Journal 110 This article presents the need to shift language around multicultural competence to multicultural consciousness in the context of college students\u2019 learning and development. Next, the article identifies the importance of collaboration between academic and student affairs around multicultural consciousness. Finally, the article outlines examples of three collaborations that can enrich students\u2019 learning and development in the area of multicultural consciousness. Humanitarianism is an ethnic of kindness extended universally and actualized as an understanding and appreciation of difference and cultural competency. This is often referenced in higher education as multicultural competency and is part of the mission of higher education (Council for the Advancement of Standards in Higher Education, 2012; Keeling, 2006; Rogers, 2003). As the United States\u2014and with it U.S. institutions of higher education\u2014becomes increasingly diverse, multicultural competence has become a vital imperative for both academic and student affairs. Faculty and student affairs practitioners in both fields recognize the urgent need for students to develop multicultural competence and the key role universities play in helping students explore and understand social complexities (Howard-Hamilton, Richardson, & Shuford, 1998; Pascarella & Terenzini, 2005; Pope, Reynolds, & Mueller, 2004). Research has shown that college attendance promotes racial understanding, increases openness to diversity, and advances knowledge of societal and systemic disparities (Pascarella & Terenzini, 2005). By including the development of multicultural competence as an element of their mission statements, institutions of higher education acknowledge the need for students to possess cultural and global competence to succeed in a diverse world (King & Howard-Hamilton, 2003). Because multicultural competence is a core value of higher education, and because academic and student affairs share the responsibility for college student learning and development (Keeling, 2006), student affairs practitioners must collaborate with faculty to Fall 2014 Georgia Journal 111 achieve these outcomes. For decades, student affairs researchers have investigated the nature and the value of students\u2019 connections with faculty both inside and outside the classroom (Astin, 1993; Tinto, 1996). The scholarly literature has documented the impact of faculty-student interaction on student learning (Pascarella & Terenzini, 2005). Relationships with faculty have been shown to increase student retention, advance career development, and enhance knowledge. The benefits of these connections transcend classroom learning, demonstrating the critical role of faculty in influencing students\u2019 receptiveness to diverse ideas (Kodama & Takesue, 2011; Milem, Change, & antonio, 2005). Partnering with academic affairs will increase the likelihood that multicultural competence will be integrated into students' collective college experience. Multicultural Competence The concept of multicultural competence, which emerged from the field of psychology and the counseling profession, has been adopted and adapted by student affairs professionals (Pope et al., 2004). In student affairs scholarship, competence is defined by three constructs: awareness, knowledge, and skills (Pope et al., 2004). Cultural competence encompasses an individual\u2019s awareness of assumptions, biases, and values; understanding of worldviews; knowledge of cultural groups; and ability to develop intervention techniques and strategies for working with diverse individuals (Pope et al., 2004). Although the phrase cultural competency originally referred to a skill necessary for professionals, today it is often applied to college students to identify an outcome of college matriculation. However, some researchers have recommended a shift in terminology from competence to consciousness to more accurately capture the goal of fostering multicultural understanding among college students (Dean, 2014; King & Baxter Magolda, 2005; Landerman, 2003). Both competence and consciousness suggest a level of awareness and knowledge, yet they differ in Fall 2014 Georgia Journal 112 their constructs of interpersonal skill and disposition. Interpersonal skill refers to the ability to interact effectively with others. Interpersonal disposition refers to one\u2019s attitudes and beliefs about interactions with those who are different from oneself. Interpersonal disposition is a necessary component of the interpersonal skill construct; however, interpersonal disposition does not imply that an individual puts these beliefs into practice by associating or interacting with those who are different. Because one\u2019s attitudes toward those who are different from oneself are key to fostering interpersonal relationships with those diverse others, the construct of interpersonal disposition still fits within the theoretical framework of awareness, knowledge, and skills. However, interpersonal disposition is more applicable than interpersonal skill within the context of college students\u2019 development. The growth that occurs is primarily in the area of attitudes toward difference, rather than in the mastery of relationships across differences. Students are more likely to develop multicultural awareness than to achieve competence during their college years. Recognizing that students\u2019 consciousness is complex and continually evolving during college is particularly important in understanding the distinction between multicultural consciousness and competence among young adults, as well as the proposed shift in language (King & Baxter Magolda, 2005). Multicultural Consciousness It is necessary to define and understand the role of academic and student affairs in order for them to collaborate and foster students' multicultural consciousness. There are many dimensions of diversity encompassed in the term multicultural; some of the most frequently referenced include race, gender, sexual orientation, social class, and religion (Abes, Jones, & McEwen, 2007; Evans, Forney, Guido, Patton, & Renn, 2010; Johnson, 2001; King & Baxter Fall 2014 Georgia Journal 113 Magolda, 2005). Multicultural consciousness encompasses three components: awareness of self, knowledge of difference, and interpersonal disposition (Dean, 2014). These are defined as follows: 1. Awareness of self: acknowledgement and appreciation of one\u2019s own cultural heritage and how that influences biases, values, beliefs, and emotional responses to culturally different populations; recognition of one\u2019s own limitations regarding competence (Baxter Magolda, 2001; Chickering & Reisser, 1993; Kegan, 1994; Marcia, 1966; Reynolds, 2001). 2. Knowledge of difference: acknowledgement of diverse beliefs and values; specific knowledge about others\u2019 cultural heritage and sociopolitical contexts and familiarity with specific populations (Baxter Magolda, 2001; Kegan, 1994; King & Kitchener, 1994; Perry 1968/1999). 3. Interpersonal disposition: willingness to interact with diverse others; willingness to form relationships in which multiple perspectives exist; attitude of acceptance toward intergroup friendships, relationships, and multiple identities (Chickering & Reisser, 1993; Gilligan, 1982; Johnson, 2001; Kappler, 1998; Kegan, 1994; King & Baxter Magolda, 2005; Nagda & Maxwell, 2011). The phrase multicultural competence conveys a skill set developed by counseling educators and student affairs practitioners, and represents the actualization of these professionals\u2019 knowledge and awareness (Pope & Mueller, 2000; Pope et al., 2004). Therefore, although this phrase is more widely used in education than the phrase multicultural consciousness, for capturing college students\u2019 depth of understanding of themselves, others, and Fall 2014 Georgia Journal 114 difference itself, the term consciousness is more descriptive of the growth and development that takes place among college students. The Value of Collaboration It is vital to understand the importance of collaboration and its impact on student learning and development before delving into specific collaborative opportunities. Academic and student affairs share responsibility for college student learning and development (AAHE, ACPA, & NASPA, 1998; Keeling, 2006). The student affairs literature discusses at length the profound impact faculty can have on student learning and development (Astin, 1993, 1999; Pascarella & Terenzini, 2005; Tinto, 1996). Research has also shown that college students who have meaningful interactions with faculty are more likely to persist and graduate (Astin, 1999; Kuh, Kinzie, Buckley, Bridges, & Hayek, 2007). Furthermore, interaction with faculty increases students\u2019 academic and social satisfaction (Braxton, Hirschy & McClendon, 2004 Kuh, Kinzie, Buckley, Bridges, & Hayek, 2006; Pascarella & Terenzini, 2005); academic achievement and intellectual and personal development (Lamport, 1993; Schreiner, Noel, Anderson, & Cantwell, 2011); and global awareness (Pascarella & Terenzini, 2005). Moreover, students are influenced not only by what takes place in the classroom, but also by what occurs in other areas of their college experience (Astin, 1993). Students who engage in learning inside the classroom that is reinforced by co-curricular activities outside the classroom learn and benefit the most (Cabrera et al., 2002). This growth is demonstrated in a variety of capacities, including openness to diverse perspectives\u2014a key element of multicultural consciousness. Thus, students exposed to a variety of cultures and diverse ways of thinking through intentional learning environments both inside and outside the classroom have the potential for the most significant growth in the area of multicultural consciousness. Fall 2014 Georgia Journal 115 Examples of Collaboration Academic affairs and student affairs professionals can collaborate in a variety of ways to develop students\u2019 multicultural consciousness. In addition to the value of collaboration itself, one of the most effective ways to impact learning in this area is to link classroom learning with co-curricular activities. The following list is not exhaustive but offers a few specific examples of how student affairs can partner with academic affairs to focus on multicultural consciousness both inside and outside the classroom. First-Year Experience Programs First-year experience programs take a variety of forms, from first-year seminar courses to live-on requirements associated with co-curricular expectations. Recognizing that the first year is pivotal for connecting students with the institution and for student retention (Astin, 1993; Tinto 1996), academic affairs and student affairs personnel should collaborate to create a first- year experience that links curricular and co-curricular experiences. Such programs often focus on connecting students with peers, faculty, staff, and resources on campus. These programs are also an opportunity to focus on multicultural consciousness, particularly students\u2019 developing awareness of self. Developmentally, many traditional-aged, first-year students are dualistic in their thinking; thinking in mutually exclusive ways usually represented as right and wrong (Perry 1968/1999). Through students\u2019 college experiences, their capacity for knowing increases as they advance from a dualistic understanding of the world to multiplistic ways of knowing; realizing things are not always absolute and the importance of context (Baxter Magolda, 2001; Kegan, 1994; Perry 1968/1999). These shifts in understanding are achieved when individuals encounter experiences where they question their knowledge, beliefs and the systems currently in place (Kegan, 1994). Fall 2014 Georgia Journal 116 As part of a first-year program or seminar, faculty and student affairs professionals can facilitate such a shift by engaging students in discussions of their values, beliefs and biases about race, gender, sexual orientation, and other areas of multiculturalism both inside and outside of the classroom. Common readings are often part of first-year experiences and provide a vehicle for academic affairs and student affairs practitioners to engage students in discussing complex issues. Moreover, thoughtfully selected readings that present multicultural situations may foster multiplistic thinking and encourage students to reflect on their own beliefs, values, and emotional responses to diverse populations. Specifically, this is a way for faculty to partner with student affairs practitioners who work in various cultural centers. Student affairs professionals from these areas have expertise in engaging students around specific social identities. They can facilitate classroom discussions around race, gender, and sexual orientation at a systemic level and an individual-student level. As such, student affairs professionals should also approach faculty to offer their expertise. Furthermore, student affairs should invite academic affairs to participate in out-of-classroom activities within first-year experiences such as orientation or new student welcome. Academic and student affairs partnerships in first-year experiences not only aid in acclimating students to institutions but they also foster a seamless learning environment, which encourages students to reflect and apply classroom learning to life experiences (Nesheim et al., 2007; Pascarella & Terenzini, 2005). Campuses wishing to establish or enhance their first- year experience program will find abundant resources available to aid them in developing effective collaborations (University of South Carolina, n.d.) Fall 2014 Georgia Journal 117 Living-Learning Programs Living-learning programs offer opportunities for students to live and study together on the basis of similar interests. These programs, which are housed in different offices depending on the campus, offer opportunities for various areas of student affairs to collaborate with each other as well as with academic programs. In many of these programs, students take courses as a cohort and engage in specified co-curricular opportunities together. Such programs require collaboration between academic and student affairs to integrate these elements into a cohesive learning experience for students. Collaborative living-learning programs can reinforce academic learning outside the formal classroom thus contributing to optimal learning environments. Additionally, living-learning programs have the potential to significantly impact students\u2019 knowledge of difference through shared academic experiences and shared living spaces. Although living-learning programs are organized differently at various institutions, such programs are generally characterized by complementary academic and co-curricular components and by their potential to help students connect in-classroom learning with experiential co- curricular experiences (Kodama & Takesue, 2011). Such environments foster active, collaborative learning as well as faculty-student engagement. Students thereby feel more academically and socially connected with the university, which enhances learning outcomes, increases student satisfaction with the college experience, and ultimately improves the likelihood of persistence and degree completion (Astin, 1999; Kodama & Takesue, 2011; Pascarella & Terenzini, 2005; Tinto, 1996). In this way, living-learning programs have the ability to significantly influence student learning, providing an ideal context in which to focus on developing students\u2019 multicultural consciousness. Fall 2014 Georgia Journal 118 For example, students in an engineering and computer science living-learning community could learn about the gender and racial inequities within these fields as part of a course. Recognizing the vast underrepresentation of women and minorities in these fields provides a springboard to discussing the sociopolitical contexts impacting race, gender, and other social identities. Student affairs practitioners could provide a speaker or program in the residence hall reiterating these concepts and reinforcing learning. Such learning opportunities advance students\u2019 knowledge and understanding of diverse groups, values, and contexts. Additional resources for researching and implementing living-learning programs are available through the Association of College and University Housing Officers - International (ACUHO-I, n.d). Service-Learning Courses Service-learning courses on college campuses have grown exponentially since the mid- 1990s (Eyler & Giles, 1999; University of Southern California, n.d.). Service-learning combines community service with academic courses in intentional ways, focusing student learning and development while also benefiting the community. In addition, students participate in a variety of reflection exercises that help them examine critical issues, connect their service to the coursework, develop civic skills and values, and make meaning of their experiences (Eyler & Giles, 1999; Kodama & Takesue, 2011). Service-learning experiences provide some of the richest opportunities to enhance student learning in all three areas of multicultural consciousness as they often challenge student\u2019s critical thinking and worldviews (Eyler & Giles, 1999). However, service-learning courses can influence students\u2019 interpersonal disposition through classroom and experiential learning. Service-learning offers opportunities for engagement across all functional areas of student affairs. From the disability resource center to housing, from leadership and service to Fall 2014 Georgia Journal 119 career services, service-learning can bridge academic affairs and student affairs to create collaborative opportunities with a substantial and lasting impact on student learning. Student affairs practitioners have connections with the community, often through functional areas, that would aid faculty in identifying and securing community partnerships. Service-learning courses send students into the community to engage in real-life, practical service with diverse individuals and populations in need. In such settings, students inevitably interact with individuals who are different from themselves in terms of race, gender, socioeconomic status, age, education, disability, or other forms of diversity. Student affairs practitioners have expertise in understanding students and can utilize this knowledge to provide reflective and group processing experiences based on students\u2019 development. Practitioners can help faculty craft classroom and co-curricular experiences that challenge and support students while understanding their readiness to engage with these complex topics (Sanford, 1996). Furthermore, this is an opportunity for student affairs professionals within various units to reach out to faculty to incorporate co- curricular experiences into academic courses. For example, a practitioner working in career services could reach out to business faculty to create a service-learning experience working with a local agency to help provide community members with skills such as interviewing, writing, or budgeting. These courses provide students\u2019 experiences to apply practically what they are learning and also reflect upon the opportunities and disparities within society. Student affairs practitioners can cultivate these partnerships within the community, and both faculty and practitioners can prepare students in the classroom for these service-learning experiences. To enhance student learning and development in the area of interpersonal disposition, both academic affairs and student affairs personnel must be intentional in creating connections Fall 2014 Georgia Journal 120 between coursework and community service, carefully incorporating reflection exercises to help students understand differences between individuals and groups and also reflect on their willingness to engage with diverse others. Service-learning courses may increase students\u2019 openness to and exploration of diverse ideas, perspectives, and understandings (Milem et al., 2005). Campuses desiring to implement effective service-learning collaborations can utilize Campus Compact as a valuable service-learning resource (Campus Compact, n.d.). Although each of these examples focuses on an individual dimension of multicultural consciousness, any or all of the three could be the focal point of a student affairs/academic affairs collaboration. Furthermore, student affairs practitioners should initiate these partnerships with faculty or academic programs, suggesting these collaborations or others, in order to engage student learning and development around the dimensions of multicultural consciousness. Conclusion As noted in this article\u2019s epigraph, \u201cPeople collaborate when the job they face is too big, is too urgent, or requires too much knowledge for one person or group to do alone\u201d (AAHE, ACPA, & NASPA, 1998, p. 1). Developing college students\u2019 multicultural consciousness is a job too large, too pressing, and too vital for a single individual or entity on a college campus to pursue alone. The role of collaboration between academic and student affairs in positively impacting student learning is well established in the research literature (AAHE, ACPA, & NASPA, 1998; ACPA, 1996; Keeling, 2006; Kodama & Takesue, 2011). Collaborations between academic affairs and student affairs are not only beneficial, but imperative. Whether through first-year experience programs, living-learning communities, service-learning courses, or a variety of other collaborative possibilities, impacting students\u2019 awareness of self, knowledge of difference, and interpersonal disposition is crucial to enhancing multicultural consciousness Fall 2014 Georgia Journal 121 through curricular and co-curricular experiences. Such collaborative efforts are uniquely capable of positively impacting student learning and development in numerous areas, and the expansion of multicultural consciousness represents just one outcome that results from successful partnerships between academic affairs and student affairs. Fall 2014 Georgia Journal 122 References American Association for Higher Education, American College Personnel Association, & National Association of Student Personnel Administrators. (1998). Powerful partnerships shared responsibility for learning. Washington, DC: Authors. Abes, E., Jones, S., & McEwen, M. K. (2007). Reconceptualizing the model of multiple dimensions of identity: The role of meaning-making capacity in the construction of multiple identities. Journal of College Student Development, 47(1), 1-22. ACUHO-I. (n.d research and data. Retrieved from i.org/resources/research-data. American College Personnel Association. (1996). The student learning imperative: Implications for student affairs. Journal of College Student Development, 37(2), 188-122. Astin, A. W. (1993). What matters in college: Four critical years revisited. San Francisco, CA: Jossey-Bass. Astin, A. W. (1999). Student involvement developmental theory for higher education. Journal of College Student Development, 40(5), 518-529. Baxter Magolda, M. (2001). Making their own way: Narratives for transforming higher education to promote self-development. Sterling, VA: Stylus. Braxton, J. M., Hirschy, A. S., & McClendon, S. A. (2004). Understanding and reducing college student departure Higher Education Report, Vol. 30, No. 3. Washington, DC: School of Education and Human Development, The George Washington University. Cabrera, A. F., Nora, A., Crissman, J. L., Terenzini T., Bernal, E. M., & Pascarella, E. T. (2002). Collaborative learning: Its impact on college students' development and diversity. Journal of College Student Development, 43(1), 20-34. Fall 2014 Georgia Journal 123 Campus Compact. (n.d.). Resources for community service-learning. Retrieved from learning-staff/. Chickering, A. W., & Reisser, L. (1993). Education and identity (2nd ed.). San Francisco, CA: Jossey-Bass. Council for the Advancement of Standards in Higher Education. (2012 professional standards for higher education (8th ed.). Washington, DC: Author. Dean, S. R. (2014). Development and validation of a multicultural consciousness instrument (Unpublished doctoral dissertation). The University of Georgia, Athens, GA. Evans, N. J., Forney, D. S., Guido, F. M., Patton, L. D. & Renn, K. A. (2010). Student development in college: Theory, research, and practice. San Francisco, CA: Jossey-Bass. Eyler, J., & Giles, D. E. (1999). Where\u2019s the learning in service-learning. San Francisco, CA: Jossey-Bass. Gilligan, C. (1982). In a different voice: Psychological theory and women\u2019s development. Cambridge, MA: Harvard University Press. Howard-Hamilton, M. F., Richardson, B. J., & Shuford, B. (1998). Promoting multicultural education holistic approach. College Student Affairs Journal, 18(1), 5-17. Johnson, A. G. (2001). Privilege, power, and difference New York, NY: McGraw-Hill. Kappler, B. J. (1998). Refining intercultural perspective-taking (Unpublished doctoral dissertation). University of Minnesota, Minneapolis, MN. Keeling, R. P. (Ed.). (2004). Learning reconsidered campus wide focus on the student experience. Washington, DC: ACPA, & NASPA. Fall 2014 Georgia Journal 124 Keeling, R. P. (Ed.). (2006). Learning reconsidered 2 practical guide to implementing a campus-wide focus on the student experience. Washington, DC: ACPA, ACUHO-I, ACUI, NACA, NACADA, NASPA, & NIRSA. Kegan, R. (1994). In over our heads: The mental demands of modern life. Cambridge, MA: Harvard University Press. King, P. M., & Baxter Magolda, M. (2005 developmental model of intercultural maturity. Journal of College Student Development, 46(6), 571-592. King, P. M., & Howard-Hamilton, M. F. (2003). An assessment of multicultural competence Journal, 40, 119-133. King, P. M., & Kitchener, K. S. (1994). Developing reflective judgment: Understanding and promoting intellectual growth and ctitical thinking in adolescents and adults. San Francisco, CA: Jossey-Bass. Kodama, C. M., & Takesue, K. J. (2011). Developing collaborations with academic affairs. In D. L. Stewart (Ed.), Multicultural student services on campus: Building bridges, re- visioning community. Sterling, VA: ACPA, College Student Educators International. Kuh, G. D., Kinzie, J., Buckley, J., Bridges, B., & Hayek, J. C. (2006). What matters to student success review of the literature. National Symposium on Postsecondary Student Success. Kuh, G. D., Kinzie, J., Buckley, J., Bridges, B., & Hayek, J. C. (2007). Piecing together the student success puzzle: Research, propositions, and recommendations Higher Education Report, 32(5). San Francisco, CA: Jossey-Bass. Lamport, M. A. (1993). Student-faculty informal interaction and the effect on student outcomes review of the literature. Adolescence, 28(112), 971-991. Fall 2014 Georgia Journal 125 Landerman, L. (2003, November multidimensional model of intercultural consciousness reconceptualization of multicultural competence. Paper presented at the Annual Meeting of the Association for the Study of Higher Education, Portland, OR. Marcia, J. E. (1966). Development and validation of ego-identity status. Journal of Personality and Social Psychology, 3, 551-558. Milem, J. F., Chang, M. J., & antonio, a. l. (2005). Making diversity work on campus research-based perspective. Washington, DC: Association of American Colleges and Universities. Nagda, R. A., & Maxwell, K. E. (2011). Training peer facilitators as social justice educators: Integrating cognitive and affective learning. In K. E. Maxwell, B. A. Nagda, & M. C. Thompson (Eds.), Facilitating intergroup dialogues: Bridging differences, catalyzing change (pp. 41-55). Sterling, VA: Stylus Publishing, LLC. Nesheim, B. E., Guentzel, M. J., Kellogg, A. H., McDonald, W. M., Wells, C.A., & Whitt, E. J. (2007). Outcomes for students of student affairs-academic affairs partnership programs, Journal of College Student Development, 48(4), 435-454. Pascarella, E. T., & Terenzini R. T. (2005). How college affects students third decade of research (Vol. 2). San Francisco, CA: Jossey-Bass Perry, W. G. (1968/1999). Forms of ethical and intellectual development in the college years scheme. San Francisco, CA: Jossey-Bass. Pope, R. L., & Mueller, J. A. (2000). Development and initial validation of the Multicultural Competence in Student Affairs-Preliminary 2 Scale. Journal of College Student Development, 41(6), 599-608. Fall 2014 Georgia Journal 126 Pope, R. L., Reynolds, A. L., & Mueller, J. A. (2004). Multicultural competence in student affairs. San Francisco, CA: Jossey-Bass. Reynolds, A. L. (2001). Embracing multiculturalism journey of self-discovery. In J. Ponterotto, M. Casas, L. Suzuki, & C. Alexander (Eds.), Handbook of multicultural counseling (2nd ed., pp. 103-112). Thousand Oaks, CA: Sage. Rogers, J. L. (2003). Leadership. In S. R. Komives, D. B. Woodard, & Associates (Eds.), Student services handbook for the profession (4th ed.; pp. 447-466). San Francisco, CA: Jossey-Bass. Sanford, N. (1966). Self and society. New York, NY: Atherton. Schreiner, L. A., Noel, P., Anderson, E., & Cantwell, L. (2011). The impact of faculty and staff on high-risk college student persistence. Journal of College Student Development, 52(3), 321-338. Tinto, V. (1996). Reconstructing the first year of college. Planning for Higher Education, 25, 1- 6. University of South Carolina. (n.d.). National resources center: First-year experience and students in transition. Retrieved from University of Southern California (n.d.). History of service-learning. Retrieved from Fall 2014 Georgia Journal 127 Collaborating for Professional Development Jillian A. Martin Collaborations in higher education often focus on creating opportunities to promote student learning and development (Brower & Inkelas, 2010; Jacoby, 1999; Kuh, Kinzie, Schuh, Whitt, & Associates, 2010). While student learning is the chief concern of institutions of higher education, institutional leaders should also focus on the professional development of personnel, namely faculty and student affairs administrators, who are responsible for student learning in the classroom and co-curriculum. Institutional leaders can use professional development to transform the historically insular work of academic and student affairs into a collaborative enterprise. Fall 2014 Georgia Journal 128 In promoting a holistic learning-centered environment, there should be collaborative opportunities for academic and student affairs professionals to learn within institutions of higher education (Brower & Inkelas, 2007; Cueso, n.d.; Hureska, 2013). This learning will not only bridge the cultural and knowledge gap between academic and student affairs, but will also promote organizational learning and development for the institution (Cueso, n.d.; Kezar, 2005; Milam, 2005). Traditionally, this learning occurs through professional socialization and development that is often separate for academic and student affairs professionals. Historically, professional development in academic affairs focused on knowledge generation and dissemination within particular academic disciplines (Cueso, n.d.; Gaff & Simpson, 1994; Lieberman, 2005). The lack of faculty community, as well as the need for increased student learning and retention on campuses, resulted in the creation of centers for teaching and learning at institutions around the country (Lieberman, 2005). The structure and programs of these centers may differ, but they serve many purposes for the professional development of faculty: to introduce faculty to new pedagogies, teach them about innovations in technology, help them understand their role in facilitating student learning, and help them understand student learning in the context of university life (Lieberman, 2005; Pchenitchnaia, 2007). Some institutions may not have a designated center, but may have designated staff or faculty members who are committed to promoting faculty development on their campus (McKee, Johnson, Ritchie, & Tew, 2013). Professional development in student affairs evolved from the first gatherings of deans of men and women (Bresciani et al., 2010; Gerda, 2006). Jillian A. Martin, Doctoral Student in the College Student Affairs Administration Ph.D. Program & Doctoral Intern for Assessment with the Department of University Housing, University of Georgia Fall 2014 Georgia Journal 129 These first gatherings served both as a means to create a shared understanding of the burgeoning student affairs field (then called student personnel work) and to communicate student affairs work in different institutional contexts (Bresciani et al., 2010; Gerda, 2006). However, professional development has not had the universal enactment as espoused, relying mostly on the individual to take personal responsibility for seeking out opportunities (Janosik, Carpenter, & Creamer, 2006). Professional development in student affairs focuses on general topics within the field or specialized topics related to functional areas (Schwartz & Bryan, 1998). In addition to encouraging knowledge sharing and dissemination, professional development in student affairs encourages the use of this knowledge to develop a professional identity and directly inform student affairs practice (Carpenter, 2003; Schwartz & Bryan, 1998). When collaboration is part of professional development efforts, there is a focus on the formation of academic and student affairs partnerships to create out-of-class engagement opportunities that complement the in-class student experience (Borrego, Forrest & Fried, 2006; Carpenter, 2003; Cueso, n.d.; Schwartz & Bryan, 1998). By providing joint professional development for academic and student affairs professionals, institutional leaders can bring holistic and intentional coordination to institutional efforts. In this article provide a framework for developing collaboration for professional development between academic and student service units that work on campus to promote better teaching and learning. This collaboration can fill a void of professional development for academic and student affairs, promote knowledge sharing between academic and student affairs units, and provide a foundation for collaborative work in creating learning-centered environments that promote student success and holistic development. Fall 2014 Georgia Journal 130 Fostering a Collaborative Environment Traditionally, academic and student affairs units function in organizational silos resulting in duplication of efforts, inefficient resource use, and failure to integrate students\u2019 learning environment (Kezar & Lester, 2009; Kuh, 1996). Inherent in each unit are subtle differences that result in cultural barriers or cultural knowledge deficiencies that could work against collaboration (Cueso, n.d.; Kezar & Lester, 2009). Institutional leaders and professionals engaged in collaborative work should be aware of these barriers and deficiencies and use collaboration as a means to diminish the historical insular work of academic and student affairs. Chief in creating collaboration for professional development between academic and student affairs is the buy-in from unit leaders to foster a collaborative environment (Kezar & Lester, 2009). Institutional leaders should champion the creation of a collaborative working group made up of faculty development specialists, student affairs professionals, and faculty to assess the professional development needs for academic and student affairs professionals. From this collaborative working group, academic and student affairs would share the responsibility for identifying knowledge deficiencies, creating a curriculum for professional development and developing outcomes for the participants and the program. Creating Buy-in and Collaboration Champions Academic and student affairs professionals who want to create the collaboration should seek the support of their direct supervisors and unit leaders in this collaboration. This support has a dual role: creating leadership buy-in for the collaboration and creating champions for the collaboration who have leadership and political power (Kezar & Lester, 2009). Institutional leaders can provide insight to the creation of the collaboration, appropriate delivery methods for professional development collaborations, and possible topics for professional development. In Fall 2014 Georgia Journal 131 addition, these leaders can use their informal and formal networks to champion this opportunity across campus. Academic and student affairs professionals creating this collaboration should use this step in the collaborative process to ensure they have a good understanding of the political and cultural climate of the campus, particularly that of their respective unit leaders (Kezar & Lester, 2009). This understanding should be used to frame initial conversations with institutional leaders about creating a collaboration for professional development for academic and student affairs. In addition, there should be a direct link between the mission, vision, strategic plan, and educational philosophy of the respective units for this type of collaboration to work. Furthermore, institutions should create a language around the collaboration and further buy-in for the units involved (Kezar & Lester, 2009). Determining the Foundation for Collaboration After creating the initial buy-in and identifying campus champions for this collaboration, academic and student affairs professionals seeking to create a joint professional development program should continue to engage in conversation with campus personnel about the needs that a joint professional development curriculum could serve. With an understanding of the cultural climate at the institution, the professionals looking to engage in this collaboration should determine the appropriate political channels to discuss the professional needs of the campus informally. In setting, the foundation for the collaboration, professionals looking to create this opportunity should work on creating connecting points for professional development between academic and student affairs (Kezar & Lester, 2009). These connecting points should emerge from the similarities and differences of the professional development needs for academic and student affairs professionals. By soliciting the support and buy-in of institutional leaders, fostering champions for the professional development, and determining the foundation for Fall 2014 Georgia Journal 132 collaboration, professionals foster the sense of collaboration and the need for professional development collaboration on their campus. Following this process, professionals should begin to work formally to institute a joint professional development curriculum for academic and student affairs professionals. Determining the Professional Development Curriculum After fostering the collaborative environment, professionals should work to form a collaborative working group made up of faculty development specialists, student affairs professionals, and other professional development and training staff to determine a joint professional development curriculum. From this collaborative working group, academic and student affairs would share the responsibility for identifying knowledge deficiencies, creating a curriculum for professional development and developing outcomes for the participants and the program. Formal Needs Assessment The first task of the collaborative working group is to identify the shared professional development needs for faculty and student affairs professionals through a formal needs assessment. The working group should use existing knowledge, such as mission and vision statements, institutional values, educational purpose, institutional research data, annual reporting and strategic planning documents, and assessment and accreditation information to identify institutional knowledge deficiencies (Kezar & Lester, 2009; Milam, 2005). These knowledge deficiencies would inform the creation of a formal needs assessment that addresses professional and organizational learning needs that a professional development curriculum could address. For example, nationally, there are efforts to create more intentional campus response to sexual assault (White House Task Force to Protect Students From Sexual Assault, 2014). As a Fall 2014 Georgia Journal 133 result, many institutions are examining their own campus policies on sexual assault and how they can do a better job of responding. This is an incredible opportunity for the creation of joint professional development sessions that focus on educating academic and student affairs professionals about sexual assault, campus expectations for response, and the individual\u2019s responsibilities in reporting sexual assault. There is also an opportunity for campuses to identify those within the campus\u2019 social network who can provide additional perspectives about this content area or in identifying off-campus facilitators if needed. After completing the formal needs assessment, the collaborative working group should use the results of the formal needs assessment to determine the topic areas and delivery methods of a professional development curriculum. In the previous example, the topic area was based on a national context but other examples of topic areas may be in the state/local context (e.g., impact of state\u2019s defunding of higher education) or in the institutional context (e.g., general education curriculum changes). In any of these contexts, the collaborative working group can deliver material that meets the professional development needs of academic and student affairs professionals. When coordinating the sessions, it is just as important to attend to the delivery methods for the professional development curriculum as it is to determine the topic for the sessions. This premise supports how adults learn. Merriam and Bierema (2013) offered three primary tenets of transformative adult learning: self-directed learning, critical reflection, and learning through experience. Since professional development is a form of adult learning, the collaborative working group should consider these tenets in the creation of delivery methods for the professional development curriculum (Cranton, 1996). Fall 2014 Georgia Journal 134 Determining Outcomes & Assessment Strategies The final step in creating the professional development curriculum is determining the outcomes and assessment strategies for the collaboration. Outcome development and assessment are essential to demonstrating the effectiveness of curriculum, programs, and services for students (Banta & Kuh, 1998; Brower & Inkelas, 2007; Keeling, 2004). Developing outcomes for faculty, student affairs staff, and institutions as well as assessing those outcomes are important considerations for developing professional development collaboration between academic and student affairs (Brower & Inkelas, 2007). Similar to the approaches in developing the collaborative team and content area, academic and student affairs approach assessment differently based on their culture and needs (Banta & Kuh, 1998). The collaborative working group in consultation with institutional leaders should first identify what they want professionals to learn from participating in the professional development sessions and how that learning can be operationalized (Bonfiglio, Hanson Short, Fried, Roberts, & Skinner, 2006; Brower & Inkelas, 2007). How learning is operationalized determines the assessment strategies of the outcomes. For example, an outcome for a professional development session on campus response to sexual assault could focus on articulating a campus response and the role of campus responders. The collaborative working group should also consider how the professional development sessions contribute to the overall institutional environment of the campus. In essence, the creation of institutional outcomes based on the collaboration is operationalized and provides the context for why the collaboration is successful (Brower & Inkelas, 2007). Using assessment strategies, the collaborative working group should determine the evolution of the program based on the needs of the academic and student affairs professionals engaged in the professional development curriculum. The collaborative working group can Fall 2014 Georgia Journal 135 increase the frequency and reach of the program to academic and student affairs professionals by treating this collaboration as a pilot program. Conclusion Professional development for academic and student affairs can occur within an institutional setting and, in turn, promote knowledge sharing. Professional development for academic and student affairs include the common purpose of creating student-centered learning environments (Cueso, n.d.; Lieberman, 2005; Schwartz & Bryan, 1998). Furthermore, this development can occur through formal opportunities and informal networks that help to provide a holistic view of the professional (Cranton, 1996; Fenwick, 2008; Kezar & Lester, 2009). However, inherent in academic and student affairs units are subtle differences that result in cultural barriers or cultural knowledge deficiencies that could work against collaboration (Cueso, n.d; Kezar & Lester, 2009). The topics and delivery methods of professional development opportunities may differ based on the varying interests, needs, and schedules of faculty and student affairs professionals. Finding connecting points on campuses where there is already a lack of collaboration may be difficult at the first juncture. These challenges are not insurmountable but provide an excellent area of collaboration for academic and student affairs. Joint professional development for academic and student affairs is an overlooked opportunity for collaboration in higher education. By learning together, institutions can advance institutional priorities and create holistic learning-centered environments for the entire university community. Fall 2014 Georgia Journal 136 References Banta, T. W., & Kuh, G. D. (1998 missing link in assessment: Collaboration between academic and student affairs professionals. Change: The Magazine of Higher Learning, 30(2), 40-46. Bonfiglio, R., Hanson Short, G., Fried, J., Roberts, G., Skinner, J. (2006). Assessing internal environments. In R. P. Keeling (Ed practical guide to implementing a campus-wide focus on the student experience (pp.43-52). Washington, DC: ACPA, ACUHO\u2013I, ACUI, NACA, NACADA, NASPA, & NIRSA. Borrego, S., Forrest, C., & Fried, J. (2006). Enhancing professional development. In R. P. Keeling (Ed.), Learning reconsidered 2 practical guide to implementing a campus- wide focus on the student experience (pp. 59\u201363). Washington, DC: ACPA, ACUHO\u2013I, ACUI, NACA, NACADA, NASPA, & NIRSA. Bresciani, M. J., Todd, D. K., Carpenter, S., Janosik, S. M., Komives, S. R., Love, P., McKelfresh, D., Perillo, P., Reason, R., Sanlo, R., Simmons, B. M., Tyrell, S., & Weiner, L. (2010). Professional competency areas for student affairs practitioners joint publication. Retrieved from Brower, A., & Inkelas, K. K. (2007). Assessing learning community programs and partnerships. In B. L. Smith & L. B. Williams (Eds.), Learning communities and student affairs: Partnering for powerful learning. Olympia, WA: The Evergreen State College, Washington Center for Improving the Quality of Undergraduate Education. Retrieved from lcsa8assessing.pdf. Fall 2014 Georgia Journal 137 Brower, A., & Inkelas, K. K. (2007). Assessing learning community programs and partnerships. In B. L. Smith & L. B. Williams (Eds.), Learning communities and student affairs: Partnering for powerful learning. Olympia, WA: The Evergreen State College, Washington Center for Improving the Quality of Undergraduate Education. Retrieved from lcsa8assessing.pdf. Carpenter, D. S. (2003). Professionalism. In S. R. Komives, D. B. Woodard, Jr., & Associates (Eds.). Student services handbook for the profession (4th ed., pp. 573-591). San Francisco, CA: Jossey-Bass Cranton, P. (1996). Professional development as transformative learning: New perspectives for teachers of adults. San Francisco, CA: Jossey-Bass. Cuseo, J. ( n.d. ) The case for promoting partnerships between academic & student affairs. Retrieved from FA33FEF29929/0/TheCaseforPromotingPartnershipsBetween.pdf Fenwick, T. (2008). Workplace learning: Emerging trends and new perspectives. In S. B. Merriam (Ed.), New Directions for Adult and Continuing Education: No. 119. Third update on adult learning theory (pp. 17-26). San Francisco, CA: Jossey-Bass Gaff, J. G., & Simpson, R. D. (1994). Faculty development in the United States. Innovative Higher Education, 18(3), 167-176. Gerda, J. J. (2006). Gathering together view of the earliest student affairs professional organizations Journal, 43(4), 147-163. Heruska, V. (2013, August 5). Partner smarter, not harder: Creating collaborative partnerships. Retrieved from Fall 2014 Georgia Journal 138 creating-collaborative-partnerships/ Jacoby, B. (1999). Partnerships for service learning. In J. H. Schuh & E. J. Whitt (Eds.), New Directions for Student Services: No. 87. Creating successful partnerships between academic and student affairs (pp. 19-35). San Francisco, CA: Jossey-Bass. Janosik, S. M., Carpenter, S., & Creamer, D. G. (2006). Intentional professional development: Feedback from student affairs professionals Journal, 43(4), 127-146. Keeling, R. P. (Ed.). (2004). Learning reconsidered campus wide focus on the student experience. Washington & NASPA. Kezar, A. (2005). What campuses need to know about organizational learning and the learning organization. In A. Kezar (Ed.), New Directions for Higher Education: No. 131. Organizational learning in higher education (pp. 7-22). San Francisco, CA: Jossey- Bass. Kezar, A., & Lester, J. (2009). Organizing higher education for collaboration guide for campus leaders. San Francisco, CA: Jossey-Bass. Kuh, G. D. (1996). Guiding principles for creating seamless learning environments for undergraduates. Journal of College Student Development, 37, 135-148. Kuh, G. D., Kinzie, J., Schuh, J. H., Whitt, E. J., & Associates (2010). Student success in college: Creating conditions that matter. San Francisco, CA: John Wiley & Sons. Lieberman, D. (2005). Beyond faculty development: How centers for teaching and learning can be laboratories for learning. In A. Kezar (Ed.), New Directions for Higher Education: No. 131. Organizational learning in higher education (pp. 87-98). San Francisco, CA: Jossey-Bass. McKee, C. W., Johnson, M., Ritchie, W. F., & Tew, W. M. (2013). Professional development of Fall 2014 Georgia Journal 139 the faculty: Past and present. In C. W. McKee, M. Johnson, W. F. Ritchie, & W. M. Tew (Eds.), New Directions for Teaching and Learning: No. 133. The breadth of current faculty development: Practitioners\u2019 perspectives (pp. 15-20). San Francisco, CA: Jossey- Bass Merriam, S. B., & Bierema, L. L. (2013). Adult learning: Linking theory and practice. San Francisco, CA: John Wiley & Sons. Milam, J. (2005). Organizational learning through knowledge workers and infomediaries. In A. Kezar (Ed.), New Directions for Higher Education: No. 131. Organizational learning in higher education (pp. 61-73). San Francisco, CA: Jossey-Bass Pchenitchnaia, L.V. (2007). Essential model programs for teaching and learning centers as reported by directors in selected research extensive university Delphi study (Doctoral dissertation, Texas University). Retrieved from 1283/PCHENITCHNAIA-DISSERTATION.pdf?sequence=1 Schwartz, R. A., & Bryan, W. A. (1998). What is professional development? In W. A. Bryan & R. A. Schwartz (Eds.), New Directions for Student Services: No. 84. Strategies for staff development: Personal and professional education in the 21st century (pp. 3-13). San Francisco, CA: Jossey-Bass. The White House, Taskforce to Protect Students From Sexual Assault (2014). Not alone: The first report of the White House task force to protect students from sexual assault. Retrieved from"} |
7,786 | Bill Frakes | University of Nebraska | [
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] | {"7786_101.pdf": "Home / News / Best States / Nebraska News / University Bars Visiting Profes\u2026 LINCOLN, Neb visiting professor who's been accused of sexual harassment won't be teaching this fall at the University of Nebraska-Lincoln. University spokesman Steve Smith says the university decided to cut short the appointment of award-winning photojournalist Bill Frakes. Smith declined to say why, saying it was a personnel matter. The complaint to the university's Office of Institutional Equity and Compliance was filed by student Calla Kessler, who worked with Frakes on a journalism college project. Kessler said Tuesday that Frakes made comments about women's bodies but also said he never made any advances toward her. Frakes declined to comment, saying the university \"has directed that the process be confidential, and intend to honor that request.\" Copyright 2017 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Tags: Nebraska Sign In University Bars Visiting Professor Accused of Sex Harassment Visiting professor accused of sexual harassment won't be teaching at University of Nebraska-Lincoln. Save Read More Healthiest Communities Your trusted source for in-depth analysis on the issues impacting your community\u2019s well-being delivered right to your inbox. Sign Up Sign in to manage your newsletters \u00bb Sign up to receive the latest updates from News & World Report and our trusted partners and sponsors. By clicking submit, you are agreeing to our Terms and Conditions & Privacy Policy. Email Address The 10 Best States in America The best states in the nation shine especially in the areas of crime and corrections, infrastructure and natural environment. Elliott Davis Jr. May 7, 2024 Why Utah Is the Best State Consistency was key in Utah\u2019s return to the top of the Best States rankings for 2024. Elliott Davis Jr. and Julia Haines May 7, 2024 Why Florida Is No. 1 in Education Gov. Ron DeSantis and his state are no stranger to controversy in the areas of education and the economy. But this is what the data shows. Tim Smart May 7, 2024 Detectives Recover 4 Diamond Earrings 2 Weeks After Suspect Swallowed Them During Arrest Detectives have recovered four diamond earrings from a suspected thief two weeks after he gulped the Tiffany & Co. jewelry worth nearly $770,000 during his arrest on the side of a highway in the Florida Panhandle Associated Press March 21, 2025 North Carolina Appeals Judges Hear Arguments in Unresolved Court Election North Carolina appeals court judges have listened to arguments about whether votes on tens of thousands of ballots in an unsettled state Supreme Court election from November should remain in the tally or be discarded Associated Press March 21, 2025 Effort to Replace Dead and Unhealthy Trees at Flight 93 Memorial Expected to Take Decades Officials say it'll take decades to replace and revitalize trees at the national memorial in western Pennsylvania to the crew and passengers who died there when a hijacked airplane crashed on Sept. 11, 2001 Associated Press March 21, 2025 Detained Columbia University Student Activist Mahmoud Khalil Appears in Immigration Case Detained Columbia University student activist Mahmoud Khalil has appeared in immigration court at a remote Louisiana detention center Associated Press March 21, 2025 Johnson & Johnson Plans $55 Billion in Investments Over the Next Four Years Johnson & Johnson says it will invest more than $55 billion within the United States over the next four years, including four new manufacturing plants Associated Press March 21, 2025 Some Voters Are Pushing Back on Lawmakers' Efforts to Overturn Citizen Ballot Initiatives Some state lawmakers are engaged in a tug-of-war for power with the people who elected them Associated Press March 21, 2025 New Jersey Democratic Sen. Andy Kim Implores Town Hall to 'Please Stay Engaged' New Jersey Sen. Andy Kim implored a standing-room-only town hall to get involved in politics as a way to push back against President Donald Trump\u2019s agenda Associated Press March 20, 2025 Load More Best States is an interactive platform developed by U.S. News for ranking the 50 U.S. states, alongside news analysis and daily reporting. The platform is designed to engage citizens and government leaders in a discussion about what needs improvement across the country 2024 About Editorial Guidelines Contact Press Advertise Newsletters Jobs Site Map Store Copyright 2025 \u00a9 U.S. News & World Report L.P. Terms & Conditions/Privacy Policy/U.S. State Privacy Notice/Your Privacy Choices", "7786_102.pdf": "Bill Frakes Background information Birth name William Frakes Born Nebraska, United States Occupation(s) Photographer, Director, Author Years active 1979\u2013present Website ( w.billfrakes.com) Bill Frakes William Frakes is an American visual storyteller and educator based in Florida. Frakes has worked for Sports Illustrated.[1][2] He directs music videos and commercial television spots. He works with video,[3] integrating stills, audio and video to create stories which can be viewed in multiple ways. Correlating with the 150th anniversary of Nebraska's statehood,[4] Frakes' most recent project has focused on returning to his roots documenting his home of Nebraska in various multimedia mediums.[5][6][7] He has taught at the University of Miami, the University of Florida, the University of Kansas, and the University of Nebraska. Between 2005 and 2010, he lectured at more than 100 universities discussing multimedia and photojournalism. He is a photography instructor. The University of Nebraska\u2013Lincoln (UNL) found that Frakes engaged in sexual misconduct and sexual harassment while he was a visiting professor. Frakes was found to have made unwanted comments about women students\u2019 bodies and clothing according to a document obtained by The Omaha World-Herald.[8] The allegation by a female student was corroborated by multiple other students. The National Press Photographers' Association noted: \"The university\u2019s office of institutional equity and compliance told the student that it found by a preponderance of the evidence that the respondent had sexually harassed the student by making unwanted sexual comments about her, and in doing so created a hostile environment for the student.\" Frakes appealed the claim and lost that appeal.[9][10] Frakes won the Newspaper Photographer of the Year award from in the Pictures of the Year International competition.[11] He was a member of the Miami Herald staff that won the Pulitzer Prize for Public Service for their coverage of Hurricane Andrew.[12] In 2004, he won the National Press Work and career Teaching Awards and honors Photographers Association (NPPA) Best of Photojournalism Award for his sports portfolio.[13] He has also been honored by the Robert F. Kennedy Journalism Awards[14] for reporting on the disadvantaged and by the Overseas Press Club[15] for distinguished foreign reporting.[16] He was awarded the Gold Medal by World Press Photo.[17][18][19] 1. Driver, Dustin (1999-03-26). \"Pro - Profiles - Bill Frakes\" ( 1610/ Apple. Archived from the original ( le.com/pro/profiles/frakes/) on 2011-06-08. Retrieved 2011-03-06. 2. \"From stills to motion - British Journal of Photography\" ( 452/ n). British Journal of Photography. Archived from the original ( rnal-of-photography/feature/1651113/open-shutter-motion) on 2011-04-24. Retrieved 2011-03-06. 3. \"The iPad Interview \u00ab Joe McNally's Blog\" ( terview/). Joe McNally. October 2010. Retrieved 2011-03-06. 4. \"Nebraska Tourism Commission teams up with photographer, videographer to capture the spirit of Nebraska\" ( hotographer-videographer-to-capture/article_cdc3e6ae-7afa-11e4-8679-2baaf5de790e.html). Kearney Hub. 2014-12-03. Retrieved 2017-12-10. 5. Winslow, Donald R. (2014-12-09). \"Bill Frakes Launches \"The Nebraska Project\" \" ( ive.org/web/20210507014250/ National Press Photographers Association. Archived from the original ( akes-launches-nebraska-project) on 2021-05-07. Retrieved 2017-12-10. 6. Crowder, Nicole (2014-12-01). \"Rediscovering a home on the range through Nebraska landscapes\" ( -on-the-range-through-the-landscapes-of-nebraska/). The Washington Post. Retrieved 2017-12-10. 7. Star, Peter Salter | Lincoln Journal. \"Putting his love of Nebraska into photos, films\" ( star.com/news/state-and-regional/nebraska/putting-his-love-of-nebraska-into-photos-films/article_1 4d6699b-ec6f-5dcc-9cd7-de210a94657d.html). Lincoln Journal Star. Retrieved 2017-12-10. 8. Ruggles, Rick. \"Visiting professor won't teach at this fall after report of sexual harassment\" (h ttps:// 62f38f0-7c96-11e7-aeb8-c3cb7d0e8083.html). Omaha World-Herald. Retrieved 2017-08-09. 9. Ruggles, Rick (8 November 2017). \"Photographer who was a visiting professor in Lincoln loses appeal in sex harassment case\" ( who-was-a-visiting-professor-in-lincoln-loses-appeal-in-unl-sex-harassment-case/article_2a621e1 0-c40b-11e7-9764-ef4cf1a9f762.html). Omaha World-Herald. 10. Burton, Tom (2017-08-08). \"Photojournalism Lecturer at Nebraska Accused of Harassment\" (http:// web.archive.org/web/20230130141518/ ccused-harassment). NPPA. Archived from the original ( urer-nebraska-accused-harassment) on 2023-01-30. Retrieved 2017-08-09. 11. \"Pictures of the Year Competition: 1983 40th Annual\" ( Pictures of the Year International. 12. \"The Pulitzer Prizes | Public Service\" ( Pulitzer.org. 1985-08-02. Retrieved 2011-03-06. 13. \"NPPA: Best of Photojournalism 2004: Still Photography Winners\" ( 110720142700/ July 20, 2011. Archived from the original ( on 2011-07-20. References 14. \"Robert Kennedy Memorial\" ( ediathree.net/legacyinaction/1983/). Rfkmemorial.mediathree.net. Archived from the original (htt p://rfkmemorial.mediathree.net/legacyinaction/1983/) on 2008-11-19. Retrieved 2011-03-06. 15 Awards Past Recipients | Overseas Press Club of America\" ( 120228133356/ Opcofamerica.org. Archived from the original ( on 2012-02-28. Retrieved 2011-03-06. 16. \"Speaker Biographies | The Power of Narrative: The Rebirth of Storytelling | April 29 & 30, 2011, at Boston University\" ( e/bios.html). Bu.edu. Archived from the original ( on 2011-09-11. Retrieved 2011-03-06. 17. Castleberry, Kim (2010-04-06). \"Bill Frakes: Constant Motion - Digital Photo Pro\" ( ve.org/web/20101223231820/ ml?start=1). DigitalPhotoPro.com. Archived from the original ( es/bill-frakes-constant-motion.html?start=1) on 2010-12-23. Retrieved 2011-03-06. 18. \"1998 Bill Frakes SP2\" ( World Press Photo. Retrieved 2018-01-29. 19. \"1995 Bill Frakes SP2\" ( World Press Photo. Retrieved 2018-01-29. Official website ( Retrieved from \" External links", "7786_103.pdf": "Home \uf054 News \uf054 Photojournalistic University of Nebraska-Lincoln Photojournalism Lecturer Ousted After Harassment Allegation by Adam Ottke August 10, 2017 \uf086 2 Comments \uf16d\uf167\uf09a\ue61b\uf0d2 \uf143 \uf0c9 \uf0c9 Log In Sign Up \uf07a \uf07a The National Press Photographers Association (NPPA) reported Bill Frakes, a former Sports Illustrated photographer and 1983 Photographer of the Year in the Pictures of the Year competition, will not return to his position as a lecturer at the University of Nebraska-Lincoln after a Title harassment complaint was filed against him. The complaint was accompanied by notes from \"at least ten other students\" including photojournalim majors and those from other universities who also worked with Frakes Calla Kessler, a student at Nebraska, first filed the sexual harassment complaint that was accompanied by statements from both male and female peers who witnessed some of the behavior Kessler cited. The complaint comes after Kessler first raised the issue in a private Facebook group, where she sought advice from other female journalists, but where she had not identified her professor There's More to Shutter Speed Than You Might Expect About Adam Ottke \uf16d \uf09a adamottke.com Adam works mostly across California on all things photography and art. He can be found at the best local coffee shops, at home scanning film in for hours, or out and about shooting his next assignment. Want to talk about gear? Want to work on a project together? Have an idea for Fstoppers? Get in touch! And, check out FilmObjektiv.org film rentals! The conversation on Facebook \"launched an extensive discussion in which other women discussed the ongoing problem of harassment and discrimination in the journalism industry,\" according to NPPA, to which Kessler spoke and asked to be identified after initially remaining private in the online group. Frakes will not be lecturing at the university any longer, and both he and the University of Nebraska-Lincoln are keeping the process leading up to the potential hearing confidential. [via NPPA] Topics: News Photojournalistic \uf086 2 Why the Best Travel Photos Aren\u2019t on Your Itinerary Sold My $4,000 Sony Camera for an a6700: Here\u2019s Why We Review the Insta360 Flow 2 Pro Latest Tracker, Bringing Tracking to Any Phone Camera App Small and Powerful: The Neewer 80C Opens Host of Creative Opportunities Why Every Photographer Should Consider Licensing Their Work Log in or register to post comments 2 June 12, 2019 to of Photography: Exposure and Harold Edgerton January 26, 2023 Man Orders $3,000 Sony Camera, Receives Bags of Mysterious White Powder Instead September 17, 2017 Why You Need to Attend PhotoPlus Expo 2017 November 16, 2019 Photographer Receives a $345,000 Lawsuit Settlement After Being Arrested for Taking\u2026 December 24, 2018 Shocker: News Photography Gets Worse Without Actual News Photographers August 22, 2014 Ferguson, Missouri: Summary of Media Harassment and How Photojournalists are\u2026 Latest News Gear Reviews Fstoppers Originals Editors' Picks Photo of the Day Discussion Groups Photography Contests Photography Tutorials Photoshop Plugins About Fstoppers Contact Us Advertise FAQs \uf16d\uf167\uf09a\ue61b \uf0d2 \uf143 \u00a92025 Fstoppers Terms and Conditions | Privacy Policy Erik Stenbakken August 10, 2017 The Journalism school there at Nebraska has had an outstanding reputation. I've taken a few classes there myself hope the best for the school and those involved. \uf164 1 \uf165 0 Dan Donovan August 10, 2017 This is huge. Bill Frakes is one of the big names in the photo industry. \uf164 0 \uf165 0", "7786_104.pdf": "Privacy - Terms Editor\u2019s note previous version of this story said Jonathan Adams, a photojournalism visiting professional in residence, responded to an email asking for comment about the existence of hypermasculinity and sexual misconduct in the photojournalism program, while, in actuality, he was asked for comment about the existence of these realities in the photojournalism industry previous version of this story also incorrectly paraphrased a quote by Emily Kask, a former photojournalism student. We regret the errors; they have since been corrected. In the wake of the #MeToo Movement and instances of sexual assault in the photojournalism field photojournalism students, professors and alumni are grappling with the issue of sexism in their chosen field. \u201cThe photojournalism world is hypermasculine and male-dominated,\u201d Lora Sparks, Fort Knox senior and photojournalism major, said. Advertisement ( ( 8, 2018 0 (HTTPS://WKUTALISMAN.COM/WKUPJ-SEXUAL-MISCONDUCT/#RESPOND) 10 \u00b7 \u00b7 \u00b7 \ue916 ( \ue917 Sparks said she\u2019s glad to see men being exposed and held accountable for their actions. \u201cIt\u2019s 2018,\u201d she said. \u201cBoys aren\u2019t going to be boys anymore \u2013 and if you\u2019re not a shitty person, you have nothing to fear.\u201d This reckoning was impelled by investigations into two prominent photojournalists. In January, reported that Patrick Witty, a 1996 alum of the photojournalism program, quietly departed from his position as deputy director of photography at National Geographic. His departure came after women who worked for the publication pressed their human resources department to investigate what they viewed as inappropriate sexual behavior from Witty. Advertisement Months earlier, in May 2017, Calla Kessler, a senior at the University of Nebraska-Lincoln, filed a Title complaint against prominent photojournalist and former visiting professor Bill Frakes, who had worked with students in the past to shoot the Kentucky Derby. Bardstown junior Skyler Ballard testified against Frakes during the investigation, alleging he acted inappropriately when she worked with him at the Derby. Last August, an reported that Frakes would not be returning as an adjunct professor at the University of Nebraska-Lincoln. According to the article, the Title investigation found that Frakes had made comments about women\u2019s bodies. This came after Frakes\u2019 claimed he\u2019d lectured at more than 100 universities, according to the . In late July 2017, the added a statement to its that said, \u201cDo not engage in harassing behavior of colleagues, subordinates or subjects and maintain the highest standards of behavior in all professional interactions.\u201d In a announcing the change, Alicia Calzada, former president and a current legal counsel to the organization who drafted the clause, said she was glad the board agreed there is no room for harassment in the photojournalism profession. Following these controversies, we spoke to members of the photojournalism community at and beyond about the reality of sexual harassment in the industry TIME\u201d The controversies surrounding Witty and Frakes didn\u2019t come as a surprise for some students. In May 2017, when Ballard told her peers about the opportunity to shoot the Derby with Frakes, she said she was told to watch her back. \u201cSomeone literally told me to wear loose clothing,\u201d Ballard said thought, \u2018What the hell am getting myself into?\u2019\u201d ( nd) Vox (htt ps:/ /w ww .vo x.c om /20 18/ 1/2 9/1 693 455 2/e xcl usi ve- nat ion al- geo gra phi c- sex ual - mis con duc t) ( Omaha World-Herald article ( ws/education/visiting- professor-won-t-teach-at- unl-this-fall- after/article_a62f38f0-7c96- 11e7-aeb8- c3cb7d0e8083.html) website (http:// llfrakes .com/) National Press Photographer Association ( h t t p s : / / n p p a . o r g / n e w s / b i code of ethics ( org/code- ethics) July 27 article ( .org/news/n ppa-adds- anti- harassment- code-ethics) \u201cSomeone literally told me to wear loose clothing thought, \u2018What the hell am getting myself into?\u2019\u201d \ue908 \ue908 Ballard said soon after she, Kessler and two other photojournalism students arrived to shoot with Frakes, he told them that if they messed up, he could end their careers. Katie Klann, a staff photographer for Naples Daily News in Florida, had also witnessed inappropriate behavior from Frakes in the past. She worked with him as an intern in Jacksonville after she graduated from Ohio University in 2016 was 21 at the time, and to call out the 60-year-old photographer to his face was, in my mind, impossible,\u201d Klann said. However, Kessler wrote in an email that she felt an obligation to come forward about Frakes\u2019 inappropriate behavior. Advertisement \u201cIt was time for a bully to be taught a lesson and made an example out of,\u201d Kessler said in the email. Similarly, Justin Gilliland, a 2017 photojournalism graduate, said he hadn\u2019t been surprised by the controversy surrounding Patrick Witty. He traced this back to Witty\u2019s involvement in WKU\u2019s a yearly week-long workshop in which students and professional photojournalists work to develop their skills in areas such as video storytelling and photography. Advertisement In 2015, Witty attended Mountain Workshops as a student in the video storytelling track, according to a participant list published in the Mountain Workshops book from that year. Gilliland, a student at the time, said he and his peers were confused as to why Witty would want to be a participant in the workshop thought, \u2018He\u2019s really well established. Is he really trying to learn video?\u2019\u201d Gilliland said. \u201cIt was just kind of bizarre that he was there.\u201d Jenny Dupuis, a freelance photojournalist who was also attending the workshop in 2015, wrote in a personal essay on that she, along with other women at the workshop, started to notice \u201cweird\u201d behavior from Witty started to feel a strong sense of discomfort,\u201d Dupuis wrote. \u201cThe situation reminded me of going to a bar with girlfriends in college, being on the dance floor and collectively waiting to push away some overeager, unwelcomed and immature men off our backs.\u201d Dupuis also wrote that on the last night of the workshop, Witty attempted to follow her to her hotel room twice. Dupuis\u2019 personal essay was in response to the article published on about Witty\u2019s quiet departure from National Geographic. Gilliland said it made sense to him when the Vox article was published about Witty\u2019s alleged sexual misconduct. \u201cIt was kind of like \u2018about time,\u2019\u201d he said. Since publication, the Vox article has been updated to include a statement from Witty. In the statement, he denied the allegations and apologized for his behavior. It has also been updated to include a statement that the article\u2019s publication was not met with surprise from many in the industry. According to Vox, the well-known and established journalist\u2019s alleged behavior had long been discussed in the field, and 10 women reached out to Vox after its publication to report other allegations against Witty. l l - f r a k e s - a c c u s e d - h a r a s s m e n t - n e b r a s k a ) ( Mountain Workshops, ( shops.org/history/) ( Medium (https:// medium .com ennyDu Puis/wh ere-do- we-go- from- here- 9e5a0f5 063c7) Vox (htt ps:/ /ww w.v ox.c om/ 201 8/1/ 29/ 169 345 52 Former photojournalism student Emily Kask said these types of problems weren\u2019t just at play in the industry; they also manifested themselves in WKU\u2019s photojournalism program. Kask studied at from January 2015 to May 2016 but withdrew from the program and is now working as a freelance photojournalist in New Orleans. Kask said part of her reason for leaving was the hypermasculine trends she saw in the major. She said she remembers hearing students in the photojournalism program and peers in the professional world talk about their female peers\u2019 physical attributes and their desires to sleep with them. \u201cThese are your colleagues,\u201d Kask said. \u201cThey\u2019re not here for you to take to the meat market.\u201d She said she thinks male photojournalists avoid talking about issues like Frakes\u2019 Title investigation and Witty\u2019s alleged sexual misconduct because their careers could suffer if the high-profile photographers make their way back into the positions of influence in the field. \u201cAll the men are keeping quiet,\u201d Kask said. \u201cThey know these things only have temporary repercussions.\u201d Advertisement During her three semesters at WKU, Kask said she knew of three women in the photojournalism program who experienced instances of sexual misconduct or assault. \u201cThere\u2019s a lot of strange power play and ego dynamics in photojournalism,\u201d Kask said. \u201cAt the root of a lot of sexual assault, it\u2019s a power thing.\u201d Advertisement Photojournalism senior Lora Sparks said that out of the three professors she has in the School of Journalism and Broadcasting this semester, the only one who discussed the Witty incident in class was Amanda Crawford. An assistant professor of journalism, Crawford has nearly 20 years of experience in the field Crawford said she is an advocate for women\u2019s rights in the journalism profession and often gives advice to her female peers. She said that during her time in newsrooms, there were multiple instances in which she noticed discrimination toward women. She said young men would often be offered jobs, promotions and raises much quicker than the women in the newsroom. excl usiv e- nati ona l- geo gra phic - sex ual- mis con duc t) \u201cThere\u2019s a lot of strange power play and ego dynamics in photojournalism. At the root of a lot of sexual assault, it\u2019s a power thing.\u201d \ue908 \ue908 ( \u201cWhen men run the world, and they look at young men, they see themselves.\u201d \ue908 \ue908 \u201cIt is a truth that women often don\u2019t demand what we\u2019re worth,\u201d Crawford said. \u201cWe often don\u2019t speak up.\u201d She said one of the reasons men are favored in the workplace is because they remind men in power of how they once were. \u201cWhen men run the world, and they look at young men, they see themselves,\u201d Crawford said. And while the reality of sexual harassment persists, Crawford said progress is being made in newsrooms around the country. \u201cThere are women running newsrooms now,\u201d she said. \u201cBecause of how women have progressed, we\u2019re feeling empowered.\u201d Crawford expressed her hope for the profession as more women and people of color begin to enter the field. \u201cWhat we\u2019re seeing in society is a reckoning,\u201d Crawford said. Gilliland attributed the male dominance in WKU\u2019s program to the fact that most of the photojournalism professors are men. Jonathan Adams, a visiting professional in residence, was the only professor in the photojournalism program to respond to an email asking for comment about the existence of hypermasculinity and sexual misconduct in the photojournalism industry. In an email, he said he didn\u2019t know the reason an imbalance of female representation persists in the industry don\u2019t know why there is still a large difference in the field,\u201d Adams said. \u201cIf you find out, I\u2019d love to know.\u201d However, Adams did point to the fact that WKU\u2019s photojournalism program is now largely comprised of women, with 10 out of 16 spring 2017 photojournalism graduates being women and all of the students in this year\u2019s senior capstone class being women. Advertisement Ballard said she doesn\u2019t believe her education suffered from a culture of male dominance, but she also said she wished these issues had been discussed in her classes love the professors here, but no one really talks about how prominent this problem is,\u201d Ballard said Still, some in the photojournalism world are working to change their industry for the better. On Jan. 31, photojournalists Justin Cook and Daniel Sircar created a petition that gained attention from many in the photojournalism community as it began to be shared on Facebook. The petition, titled \u201c ,\u201d urged men who want to improve the industry\u2019s treatment of women to sign the letter before it was sent to workshops, conferences and leading organizations in the industry. It also had an option for men who signed the petition to opt out of revealing their name. Advertisement \u201cWe demand the culture of silence and corporate policies that enable predatory behavior be changed,\u201d the petition said. As of May 6, Justin Cook said the petition had been signed 446 times. Women in photojournalism have also started initiatives to highlight the work of women and create places to connect with one another. In October 2016, Emily Kask, Katie Klann and two other women photojournalists started a private Facebook group called Riotrrrs of Journalism (formerly called Riot Grrrls of Journalism). They created the group as a resource for women and non-binary individuals in the industry to discuss issues and share advice with one another. The group currently has over 8,000 members who use the group as a networking tool and a way to share posts about job opportunities and day-to-day experiences in the field. In 2017, documentary photographer Daniella Zalcman started an online database to help highlight the work of women photojournalists. The database, called , uses its resources to provide women photographers with opportunities to develop their skills. It also uses its platform to educate people on why initiatives like Women Photograph are necessary. Men in Photojournalism for Change ( /1FAIpQLScgKcov6v_X0RKjs0TCJfDh GDiAdclOK50pmKXEN54cKKQ7lw/v iewform) ( nd) Women Photograph ( h Every week, Women Photograph posts a weekly breakdown of bylines from publications and makes note of how many of these photos were taken by women. On April 30, they that 17 out of 166 photos, or 10.2 percent of images that week, were taken by women \u2014 the second worst week of 2018. Klann said she hopes women and people of color will continue to make progress in the industry want to see the world through our lens, instead of the white, heteronormative male lens we have been gazing through for centuries,\u201d Klann said. Kessler, the student who filed the Title complaint against Frakes, wrote in an email that when there is an imbalance of power, whether that be between photographers and editors or students and teachers, she thinks that there should be boundaries and easier ways to come forward about bad behavior without fear. \u201cNo one should be threatened or cornered because they feel inferior,\u201d she wrote. Advertisement For someone who's \"pretty sure\" she's 80% iced coffee, Catrina is a still great writer. She's always wanted to own a pickup truck and doesn't know how to swim. Catrina is a senior from Bowling Green. t t p s : / / w w w . w o m e n p h o t o g r a p h . c o m / ) tweeted (https:// twitter.c om/wo menpho tograph) ( nd) ( com/author/catrinacook \ue904\ue905 ( h t t p s : / / w k u t a l i s m a n . c o m ) 1 9 0 6 o l l e g e e i g h t s l v d o w l i n g r e e n y 4 2 1 0 1 Search \ue917 \ue906", "7786_105.pdf": "LINCOLN, Neb visiting professor who\u2019s been accused of sexual harassment won\u2019t be teaching this fall at the University of Nebraska-Lincoln. University spokesman Steve Smith says the university decided to cut short the appointment of award-winning photojournalist Bill Frakes. Smith declined to say why, saying it was a personnel matter. The complaint to the university\u2019s Office of Institutional Equity and Compliance was filed by student Calla Kessler, who worked with Frakes on a journalism college project. Kessler said Tuesday that Frakes made comments about women\u2019s bodies but also said he never made any advances toward her. Frakes declined to comment, saying the university \u201chas directed that the process be confidential, and intend to honor that request.\u201d University bars visiting professor accused of sex harassment Updated 8:25 EDT, August 9, 2017 Live: Trump administration Education Department March Madness Heathrow Movie rev Independent journalism is the foundation of an informed society As a not-for-profit news organization has remained free from corporate and political influence for nearly two centuries Independent journalism is the foundation of an informed society As a not-for-profit news organization has remained free from corporate and political influence for nearly two centuries 1 Trump\u2019s bluntness powered a White House comeback. Now his words are getting him in trouble in court 2 In latest blow to Tesla, regulators recall nearly all Cybertrucks 3 Judge calls Trump administration\u2019s latest response on deportation flights \u2018woefully insufficient\u2019 4 blocked in court from Social Security systems with Americans\u2019 personal information, for now 5 White House rescinds executive order targeting prominent law firm Independent journalism is the foundation of an informed society As a not-for-profit news organization has remained free from corporate and political influence for nearly two centuries", "7786_106.pdf": "Bill Frakes Loses Appeal on Sexual Harassment Complaint November 10, 2017 An appeal by photographer Bill Frakes contesting a Title complaint that he sexually harassed a female student while working as a visiting professor at the University of Nebraska-Lincoln has been denied. The World-Herald in Omaha, Nebraska reported this week that it obtained a 35- page confidential ruling ( who-was-a-visiting-professor-in-lincoln-loses-appeal/article_2a621e10-c40b- 11e7-9764-ef4cf1a9f762.html), in which the hearing officer rejected Frakes\u2019 appeal, saying a \u201cpreponderance of the evidence\u201d upheld the initial ruling that Frakes had violated the university\u2019s sexual harassment policy. The World-Herald account of the final report said Frakes said that the charges were \u201cunfounded.\u201d The initial ruling issued in July concluded that the preponderance of the evidence showed Frakes had sexually harassed student Calla Kessler by making unwanted sexual comments about her body. Other witnesses reported they heard Frakes make similar comments about female students\u2019 bodies and their clothing. The initial ruling concluded that students were afraid to confront Frakes because he presented a perceived position of power and influence in the industry and that the students feared he could negatively impact their careers. Frakes would not comment on the ruling, citing confidentiality orders from the university, but this week told the sincerely regret any angst that may have caused any students will take what learned from this experience to better myself and to continue making positive change through photography.\u201d Frakes was not accused of assault or of touching students inappropriately. The appeals hearing \u2014 an administrative procedure affecting Frakes\u2019 employment at the school \u2014 upheld the initial finding that Frakes had violated the university\u2019s policies on sexual harassment which are violations but not criminal charges. The World-Herald reported that during the appeal hearing, there were character witnesses who testified that they had not heard Frakes make disparaging remarks towards women. Frakes had been on a one-year teaching assignment at that was to have run through the Fall semester, but his 2017 Fall Semester classes have been canceled. Following the appeal ruling, when asked if Frakes would teach at the university in the future, university spokesman Sam Smith replied via email; \u201cAt this time, there are no expectations for that to happen.\u201d Frakes does not expect to be in the classroom again soon currently have no plans to teach,\u201d he told the NPPA. In the initial harassment complaint ( harassment-nebraska) obtained by the NPPA, witnesses testified that Frakes would often refer to himself as a Pulitzer Prize winner to emphasize his standing in the profession. The testimony also alleged that he would remind them that he knew editors in New York and that his influence could affect their chances for internships or jobs. Kessler and others stated they felt that it was intimidating and that they were afraid to confront him about his behavior because of his influence in the industry. In the complaint, Frakes was also accused by witnesses of regularly making remarks to female students about their bodies or sexual comments about other women\u2019s bodies. Witnesses also said he would scroll through photos of scantily clad women on his cell phone, in obvious view of female students. Some We use cookies to give your the best possible experience on our website. Read our to learn more. Privacy Policy Customize Settings Agree students who were involved in editing or reviewing Frakes\u2019 photos said he would take off-topic photos that framed close-ups of women\u2019s breasts or rear ends, sometimes even women who were photo assistants. There were also witnesses that said they heard Frakes verbally abusing Kessler during the Kentucky Derby where she was part of a team of students assisting Frakes with his complicated system of remote cameras. Frakes accused her of being \u201cstupid\u201d because he said the cameras she was assigned did not fire, but a male photographer who had a similar issue was not reprimanded. Failures in remote camera set-ups are not uncommon and can be due to technical malfunctions or equipment failure. Kessler filed the complaint while a junior at UNL, and came forward to asking to be identified after the initial ruling but before the appeal hearing. Because of a confidentiality order issued by the university, Kessler is not commenting directly on the complaint and the proceedings, and neither is Frakes nor anyone else connected to the investigation. \u201cI\u2019m extremely appreciative of how the photo community, especially the women, encouraged me and supported me through this process,\u201d Kessler said during an interview this week. \u201cIt can be a really isolating experience without the constant reminder that you have an army of women behind you.\u201d Both men and women were participants in the complaint encourage men to call people out if you witness it,\u201d Kessler said about harassment. \u201cBe an ally in words. Be an ally in action.\u201d Frakes has been well-known through most of his more than 30 years in photojournalism. In 1983, he was named Photographer of the Year in the Pictures of the Year competition, which at the time was sponsored by the University of Missouri and the National Press Photographers Association. He was a staff photographer at Sports Illustrated until the entire photo staff was laid off in 2015. He worked at the Miami Herald when the newspaper\u2019s staff won the 1993 Pulitzer Prize for Public Service for coverage of Hurricane Andrew. We use cookies to give your the best possible experience on our website. Read our to learn more. Frakes was also a Nikon Ambassador, a member of a group of elite professionals who are on contract to promote the camera brand. His bio and photo disappeared from the Nikon Ambassadors website at the beginning of October, after the complaint was filed but before the final hearing Nikon spokesman confirmed to that \u201cMr. Frakes is not currently a Nikon Ambassador.\u201d During his teaching assignment at when the incidents presented in the complaint occurred, Frakes worked with students on \u201cWounds of Whiteclay: Nebraska\u2019s Shameful Legacy.\u201d ( student project focused on Whiteclay, Nebraska, an unincorporated town of 12 residents that annually sells more than 3.6 million cans of beer, primarily to residents of the nearby Pine Ridge Reservation in South Dakota where there are no alcohol sales. The final project was highly acclaimed, winning the Robert F. Kennedy Human Rights Journalism grand prize. The project won over entries from the New Yorker, National Geographic and Univision. It was the first time a student project had won the grand prize. \u201cDespite the internal strife, we still had to report, because it was such an important story,\u201d Kessler said about working on the Whiteclay project. \u201cThe thing that it taught me most is that you have to separate your personal life from what you\u2019re shooting to best focus on the story that you're working on.\u201d Professor Joe Starita was the lead instructor for the project. He is also restricted from commenting on the harassment complaint, but he said that the course was very beneficial to the students. \u201cThe \u2018Wounds of Whiteclay' project was instrumental in teaching these young student journalists a very simple lesson: If you work hard enough, dig deep enough and shine a harsh light on a dark corner long enough, you can move the social justice needle in a way that produces hope for a community that had lost all hope,\u201d Starita told the NPPA. He noted that four liquor stores in Whiteclay have shut down since the report published. We use cookies to give your the best possible experience on our website. Read our to learn more. The Whiteclay story was a project the journalism school produced with students, something the school has been doing for a few years. The harassment complaint has not changed the school\u2019s plans to continue producing journalism projects. The latest project started in August with the Fall Semester and is an investigation into TransCanada\u2019s plans to build an oil pipeline in Nebraska crossing land that is ecologically sensitive to farmers and also sacred to Native Americans. \u201cUsing drones, 360 video, still photographs, audio tape and notebooks, this new group is employing the same kind of vigor, determination and relentless reporting that was a hallmark of the Whiteclay project. Ultimately, their collective work \u2013 as was the case with Whiteclay \u2013 will be showcased on a sophisticated website,\u201d Starita said. Kessler has been away from the campus working at photography internships with The Washington Post and the Palm Beach Post. She is returning to the campus for the Spring Semester and has been hired for a second internship with The Washington Post for the summer of 2018. Subscribe to the Newsletter Join Member Benefits Donate About Contact us We use cookies to give your the best possible experience on our website. Read our to learn more. National Press Photographers Association 120 Hooper Street Athens 30602-3018 \u00a9 2025 National Press Photographers Association | Privacy Policy | Terms of Use Enter your email Subscribe We use cookies to give your the best possible experience on our website. Read our to learn more."} |
7,775 | Rod Raymonds | University of Minnesota – Duluth | [
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] | {"7775_101.pdf": "Rod Raymond By [email protected] October 21, 2009 at 6:10 \uf064 Share Prominent business owner, endurance athlete and University of Minnesota Duluth instructor and trainer Rod Raymond was found responsible and disciplined for sexually harassing two female students, documents obtained by the News Tribune show Instructor at UMD, prominent Duluth businessman, disciplined for harassment Prominent business owner, endurance athlete and University of Minnesota Duluth instructor and trainer Rod Raymond was found responsible and disciplined for sexually harassing two female students, documents obtained by the News Tribune show. While the university did not provide details of the allegations against him, Raymond, 44, was informed in a July 15 letter sent by his supervisor, Mick McComber, that his behaviors were \"absolutely unacceptable and will not be tolerated at UMD.\" \"Chancellor Kathryn Martin and [former] Vice Chancellor Randy Hyman have also reviewed the report and have expressed their serious concerns,\" McComber wrote. The university required Raymond to attend a sexual harassment workshop and ordered him to refrain from saying anything unrelated to work about \"the young women, or any other women contacted for the investigation,\" the letter said. He also must have witnesses present during meetings with young women, keep his office door open, refrain from private meetings with young women and not take work-related trips with female students. The News Tribune obtained the letter and another document outlining the discipline Tuesday after making a request under Minnesota's open records law. Raymond co-owns Duluth's Burrito Union, Fitger's Brewhouse, the Red Star Lounge and Duluth's former City Hall building at 132 E. Superior St. He is a well-known personal trainer and describes himself on his Web site, rodraymond.com, as \"one of a few Master Personal Trainers in the country.\" He has been the personal trainer for Martin as well as former Duluth Mayor Herb Bergson. Raymond said the incident, which happened last spring, was a \"big misunderstanding.\" He noted that he never admitted guilt. He said he was evaluating two fitness-instructor students for a class and one of them \"perceived that was putting too much power onto her, too much energy onto her.\" He added didn't realize she was upset didn't realize what was going on. Later on was called into the office.\" He said the victim's \"perception\" of what happened \"trumps intention.\" \"This was the first time the students were evaluated, and they got anxious don't know why,\" he said. \"They just got upset about it.\" Asked why the students accused him of sexual harassment, Raymond said: \"Sexual harassment has a number of different definitions. It's all about power don't like that word, 'sexual harassment.' It's a position of power. One of my tri-athletes could look at me while I'm giving a lecture -- up and down, up and down, up and down -- and could perceive that as sexual harassment. \"This was such a gray area on where we go with this conversation think that's why the university closed the case so quickly. It was a big misunderstanding. Everyone's cool. We talked about it, and we learned what's a better way to evaluate [students].\" Raymond said he still speaks with the two young women who accused him of harassment. He also said one of them thinks the investigation \"went too far.\" Neither of the students could be reached for comment Tuesday. Raymond, who has worked at since 1989 and earns $47,570 a year at the school, said his discipline and the stern language in the July 15 letter are \"standard procedure\" at UMD. He said the university has been happy with his response to the issue and it's a \"closed case.\" \"You might want to call the chancellor,\" he said, adding that Martin told him: \"Water under the bridge. Go to the workshop, and let's get back to training.\" Martin did not return a call Tuesday evening at her home seeking a comment. Raymond also recommended that the News Tribune call McComber, director of the Outdoor Sports Recreational program, but McComber declined to comment. University spokeswoman Susan Latto said, \"We are not allowed to comment because this is a personnel matter Human Resources Director Judith Karon said the complaints that led to the investigation and discipline were the only complaints that have been filed against Raymond. The News Tribune also requested to review the investigation report for Raymond's case, which is public under Minnesota law. But the university did not produce that document or explain why it was withheld. In the July 15 letter, McComber said he had been directed to \"carefully monitor\" Raymond's behavior. Raymond must meet with McComber every other week to review his progress. \"Considering the nature of your visibility in the community strongly advise you to take precautions in the interactions you have with others,\" McComber added. \"You should work to avoid even the appearance of untoward behaviors.\" \"The chancellor trusts and believes in me,\" Raymond said. \"My bosses at the university believe in me. University officials believe in me, and they keep me on the staff.\" \uf064 Share", "7775_102.pdf": "fitness director faces new sex harassment charges An investigation three years ago found he had sexually harassed two students 5, 2012 2:04PM Comment Gift Share Listen battle appears to be brewing in Duluth over sexual harassment charges against a prominent business owner and University of Minnesota Duluth employee. Rod Raymond is under investigation by the university following two complaints, the News Tribune reported this weekend following an open records request. The school won't detail the allegations or even disclose when the complaints were filed. Raymond's attorney issued a long statement here. Raymond, the school's fitness and wellness coordinator, an endurance athlete and co-owner of Fitger's Brewhouse, Burrito Union, the Red Star Lounge and Tycoons Alehouse & Eatery, was disciplined three years after the school found he sexually harassed two students. In the wake of news of the new investigation, a former vice chancellor at the school says he was removed from his position in 2009 after he recommended firing Raymond. Randy Hyman had ordered the investigation three years ago that took two months and resulted in himself and the director of the Office of Equal Opportunity recommending that Raymond be fired. \"The evidence from the investigation clearly indicated that he had been sexually harassing a number of young women,\" Hyman said the News Tribune. \"Because of that, the university has the obligation to take appropriate action. In that case felt termination was the most appropriate.\" But the chancellor didn't fire him and Hyman was demoted and then let go. Raymond was ordered to attend a sexual harassment workshop, have witnesses present when meeting with young women and keep his door open. For the full story, go here. ________________________ Butter or cream sauce? That's the big post-election question at the Vinje Lutheran Church lutefisk and meatball supper, an Election Day tradition for 95 years in Willmar. \"The only thing political about our lutefisk supper is the strong divide between people who top their lutefisk with butter or cream sauce,\" the Rev. Jeff Engholm, pastor at the church, told the West Central Tribune. \"People could debate about that subject for hours.\" The church expects up to 600 people for the supper and it plans on about a pound of lutefisk per person. If only we lived closer. ________________________ North Branch police believe arson was the cause of a fire early Sunday at the North Branch Veterinary Hospital. Five dogs and a cat were rescued without injury, as fire officials from North Branch, Harris, Rush City and Stacy put out the blaze. For details on the reward and how to help, go here. ________________________ News tip? Email us at [email protected] Follow us on Twitter: @DatelineMN Share Comment Lundymush More from No Section See More Test of iframe By lundymush Minnesota News You Can Use Subscribe Test Live at 7 p.m. Monday: One of the state's top seniors leads his team against conference rival Datawrapper load testing article To leave a comment, log in or create an account 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.", "7775_103.pdf": "By [email protected] October 21, 2009 at 6:02 \uf064 Share Prominent business owner, endurance athlete and University of Minnesota Duluth instructor and trainer Rod Raymond was found responsible and disciplined for sexually harassing two female students, documents obtained by the News Tribune show. While the university did not provide details of the allegations against him, Raymond, 44, was informed in a July 15 letter sent by his supervisor, Mick McComber, that his behaviors were \"absolutely unacceptable and will not be tolerated at UMD.\" \"Chancellor Kathryn Martin and [former] Vice Chancellor Randy Hyman have also reviewed the report and have expressed their serious concerns,\" McComber wrote. The university required Raymond to attend a sexual harassment workshop and ordered him to refrain from saying anything unrelated to work about \"the young women, or any other women contacted for the investigation,\" the letter said. He also must have witnesses present during meetings with young women, keep MINNESOTA: Prominent Duluth instructor disciplined for sexual harassment Prominent business owner, endurance athlete and University of Minnesota Duluth instructor and trainer Rod Raymond was found responsible and disciplined for sexually harassing two female students, documents obtained by the News Tribune show... his office door open, refrain from private meetings with young women and not take work-related trips with female students. The News Tribune obtained the letter and another document outlining the discipline Tuesday after making a request under Minnesota's open records law. Raymond co-owns Duluth's Burrito Union, Fitger's Brewhouse, the Red Star Lounge and Duluth's former City Hall building at 132 E. Superior St. He is a well-known personal trainer and describes himself on his Web site, rodraymond.com, as \"one of a few Master Personal Trainers in the country.\" He has been the personal trainer for Martin a well as former Duluth Mayor Herb Bergson. The Duluth News Tribune and the Herald are Forum Communications Co. newspapers. \uf064 Share \uf02c Tags", "7775_104.pdf": "Rod Raymond By Jana Hollingsworth May 22, 2013 at 11:00 \uf064 Share After years of contention including accusations and countercharges of sexual harassment, the University of Minnesota Duluth has terminated wellness director Rod Raymond, according to statements from the university and Raymond's lawyer released Wednesday Raymond terminated by University of Minnesota Duluth After years of contention including accusations and countercharges of sexual harassment, the University of Minnesota Duluth has terminated wellness director Rod Raymond, according to statements from the university and Raymond's lawyer released We... Well-known as a Duluth entrepreneur and restaurateur outside of his employment at UMD, Raymond since October 2011 had been on unpaid leave from the university by his own request, according to his attorney, Lindsay R.M. Jones. The dismissal, told to Raymond on April 25 and effective May 9, according to the statement, was the result of a university investigation finding that Raymond \"violated various University policies and procedures,\" among them those involving nepotism and personal relationships. Jones said he wasn't surprised by the termination. \"We believed all along that's what they've been trying to do,\" he told the News Tribune on Wednesday. The dismissal comes after four years of turmoil surrounding the fitness instructor and wellness director first disciplined by the university in 2009 after two students lodged sexual harassment complaints against him. Last fall, records disclosed that was investigating Raymond for two new complaints, the nature of which were not revealed. The statement said that Raymond was terminated for \"violation of the Regent's Policy on Nepotism and Personal Relationships\" and a related administrative policy; \"inappropriate sexual conduct with a student on University premises and during work hours,\" \"untruthfulness during an Office of Equal Opportunity investigation,\" \"violation of the Administration Policy on acceptable use of information technology resources\" and \"violation of the Regent's and administrative policies on outside consulting and other commitments.\" Jones said Raymond denies all of the violations. He said those involving nepotism and personal relationships and sexual conduct with a student were about the same woman, who was not a student or employee. He said Raymond did not lie during the investigation and that the allegation comes from his involvement with Evolve Duluth, a fitness club where Raymond volunteered for a workshop during his unpaid leave. Evolve Duluth is in a building that Raymond co-owns, Jones said, which saw as a competing fitness center. Raymond can appeal the termination, the statement says. Jones said Raymond is awaiting a review of his case from the University of Minnesota's Office of Conflict Resolution and expects that to happen this fall. He said his client wants to clear his name and to be reinstated to his position. Once Raymond exhausts all options through the university system, Jones said, he may decide to pursue legal action against for reinstatement and for monetary damages against certain employees. \"He does want to work at again if he can be assured a hostile- free environment,\" Jones said, noting Raymond is upset over the firing. \"He's had emotional anxiety over this.\" Raymond had been employed by since 1989 and was the one- time personal trainer of former Chancellor Kathryn A. Martin. Records state that agreed to pay a student and her attorney $30,000 in April 2012 after the Minnesota Department of Human Rights found probable cause that she was sexually harassed in 2009 by Raymond. The records also state that discriminated against the student when Raymond allegedly retaliated against her after she reported the claimed harassment. The Minnesota Department of Human Rights found no probable cause to investigate separate charges by Raymond that sexually discriminated against him. The department dismissed his complaint in August. Last fall, Raymond requested a hearing from the University of Minnesota Board of Regents and was turned down. The request, at the time, was called unusual by of general counsel. Independent of his employment at UMD, Raymond co-owns Fitger's Brewhouse, Burrito Union, the Red Star Lounge and Tycoon's Alehouse. He and a business partner bought Endion Station in Canal Park in October. \uf064 Share (https:// uthnews tribune.c om/Jan a Hollings worth) By Jana Hollingsworth( Hollingsworth)"} |
7,695 | Jeffrey Luftig | University of Colorado – Boulder | [
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] | {"7695_102.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 21 Mar 2025 20:31:33 All snapshots from host share download .zip report bug or abuse Buy me a coffee Webpage Screenshot settles sexual harassment lawsuit against former settles sexual harassment lawsuit against former administrator for $80K administrator for $80K By By PUBLISHED: PUBLISHED: January 15, 2016 at 6:30 January 15, 2016 at 6:30 The University of Colorado will pay $80,000 to a former female employee who claimed she was fired The University of Colorado will pay $80,000 to a former female employee who claimed she was fired after she reported being sexually harassed by a now-retired administrator. after she reported being sexually harassed by a now-retired administrator agreed to settle agreed to settle the federal lawsuit brought by Kimberly Parker the federal lawsuit brought by Kimberly Parker, who worked on the Boulder campus , who worked on the Boulder campus in various roles between 2006 and 2015. in various roles between 2006 and 2015. In her complaint, filed in late September, Parker claimed that then-administrator Jeffrey Luftig In her complaint, filed in late September, Parker claimed that then-administrator Jeffrey Luftig encouraged her to view him as a father figure and then made sexual and romantic advances toward encouraged her to view him as a father figure and then made sexual and romantic advances toward her over a period of years, including when he was her director supervisor. her over a period of years, including when he was her director supervisor. Parker claimed that officials discouraged her from coming forward and that she was fired after Parker claimed that officials discouraged her from coming forward and that she was fired after reporting Luftig\u2019s behavior. reporting Luftig\u2019s behavior. Luftig, originally hired by the university as a business professor, had been associate vice chancellor for Luftig, originally hired by the university as a business professor, had been associate vice chancellor for process innovation since 2013 before retiring in June. He continues to work on the campus as an process innovation since 2013 before retiring in June. He continues to work on the campus as an independent contractor. independent contractor. Attorneys for Parker and Luftig didn\u2019t respond to Daily Camera interview requests Friday. Attorneys for Parker and Luftig didn\u2019t respond to Daily Camera interview requests Friday. Patrick O\u2019Rourke, the chief legal officer for the system, said the university agreed to resolve the case Patrick O\u2019Rourke, the chief legal officer for the system, said the university agreed to resolve the case now rather than go through the potentially lengthy and expensive legal process of fighting the suit. now rather than go through the potentially lengthy and expensive legal process of fighting the suit. In addition to paying Parker $80,000, the university also agreed to pay for a one-day mediation between In addition to paying Parker $80,000, the university also agreed to pay for a one-day mediation between the parties, which O\u2019Rourke said likely cost around $2,500, but didn\u2019t know the exact price. the parties, which O\u2019Rourke said likely cost around $2,500, but didn\u2019t know the exact price. It\u2019s unclear if there was any additional settlement or resolution in the case between Parker and Luftig It\u2019s unclear if there was any additional settlement or resolution in the case between Parker and Luftig as an individual. as an individual. According to court filings, Parker terminated her lawsuit Jan. 5 \u201cwith prejudice,\u201d which means she According to court filings, Parker terminated her lawsuit Jan. 5 \u201cwith prejudice,\u201d which means she won\u2019t be able to bring the same claim forward in the future. Each party agreed to pay its own attorneys\u2019 won\u2019t be able to bring the same claim forward in the future. Each party agreed to pay its own attorneys\u2019 fees, according to court filings. fees, according to court filings. As part of the deal As part of the deal also agreed to help Parker find a job for the next 12 months, though any also agreed to help Parker find a job for the next 12 months, though any university assistance won\u2019t give Parker a \u201ccompetitive advantage\u201d over any other applicant. university assistance won\u2019t give Parker a \u201ccompetitive advantage\u201d over any other applicant. The university says it will give Parker public information about any job on CU\u2019s campuses she is The university says it will give Parker public information about any job on CU\u2019s campuses she is interested in and will inform the hiring committee that she left \u201cthrough no fault of her own.\u201d interested in and will inform the hiring committee that she left \u201cthrough no fault of her own.\u201d The university will also tell the hiring committee the dates of her employment at and that she is The university will also tell the hiring committee the dates of her employment at and that she is eligible for rehire. eligible for rehire. Jeffrey Luftig Jeffrey Luftig After the lawsuit was filed, university officials denied firing Parker, saying she declined to extend her After the lawsuit was filed, university officials denied firing Parker, saying she declined to extend her employment contract with spokesman said at the time that the university had fulfilled all of its employment contract with spokesman said at the time that the university had fulfilled all of its legal obligations to Parker by hiring an independent investigator to look into her claims. legal obligations to Parker by hiring an independent investigator to look into her claims. That independent inquiry, which cost $30,000, found that Luftig had made unwelcome sexual and That independent inquiry, which cost $30,000, found that Luftig had made unwelcome sexual and romantic advances toward Parker, but that his actions didn\u2019t violate CU\u2019s sexual misconduct policy. romantic advances toward Parker, but that his actions didn\u2019t violate CU\u2019s sexual misconduct policy. In a past statement, Luftig\u2019s attorney disputed Parker\u2019s claims and said Luftig had only a platonic, In a past statement, Luftig\u2019s attorney disputed Parker\u2019s claims and said Luftig had only a platonic, mutual personal friendship with Parker. mutual personal friendship with Parker. Last month settled a Last month settled a discrimination lawsuit brought by a philosophy professor for $25,000 discrimination lawsuit brought by a philosophy professor for $25,000 after a after a federal judge threw out most of his claims. federal judge threw out most of his claims. Sarah Kuta: 303-473-1106, Sarah Kuta: 303-473-1106, [email protected] [email protected] or or twitter.com/sarahkuta twitter.com/sarahkuta Fired worker reports at least 10 layoffs at Boulder labs Fired worker reports at least 10 layoffs at Boulder labs Boulder weather: High of 56 with partly sunny skies Boulder weather: High of 56 with partly sunny skies Developer wants to turn Boulder car dealership spot into 142 Developer wants to turn Boulder car dealership spot into 142 apartments apartments Cemex conveyor tube: Removal near Lyons will close Colo. 66 Cemex conveyor tube: Removal near Lyons will close Colo. 66 What\u2019s at stake in Colorado\u2019s school-funding fight as teachers What\u2019s at stake in Colorado\u2019s school-funding fight as teachers descend on Capitol descend on Capitol Buffs women's basketball gets commit from international Buffs women's basketball gets commit from international standout standout Report: Boulder City Councilmember Adams did not violate code of Report: Boulder City Councilmember Adams did not violate code of conduct conduct Firestone-Frederick Fire to honor late employee with funeral Firestone-Frederick Fire to honor late employee with funeral procession on I-25 Friday morning procession on I-25 Friday morning regent decries \u201cpublic lynching\u201d after board seeks probe of regent decries \u201cpublic lynching\u201d after board seeks probe of efforts to cut funding to marijuana program efforts to cut funding to marijuana program Report: Former Byron Leftwich joining Buffs' coaching Report: Former Byron Leftwich joining Buffs' coaching staff staff Boulder Events Boulder Events Fri, Mar 21 Fri, Mar 21 @8:00am @8:00am Ongoing Couples Ongoing Couples Massage Workshop Massage Workshop Massage Mountain Massage Mountain Fri, Mar 21 Fri, Mar 21 Pagan Ritual (dance) Pagan Ritual (dance) Party #24: Ostara - The Party #24: Ostara - The\u2026 \u2026 It's a Secret To Everyone! It's a Secret To Everyone! Fri, Mar 21 Fri, Mar 21 Babe Walls Womxn's Babe Walls Womxn's History Month Show History Month Show All Events All Events Add Event Add Event Sat, Apr 19 Sat, Apr 19 @7:00pm @7:00pm Boulder Concert Band Boulder Concert Band Garden of Delights Garden of Delights Sent home to heal, patients avoid wait for rehab home Sent home to heal, patients avoid wait for rehab home beds beds Boulder historic preservation leader Joyce Davies dies Boulder historic preservation leader Joyce Davies dies at 98 at 98 2016 2016 \ue907 \ue907January January \ue907 \ue90715 15 Terms of Use Terms of Use Cookie Policy Cookie Policy Cookie Preferences Cookie Preferences California Notice at Collection California Notice at Collection Notice of Financial Incentive Notice of Financial Incentive Do Not Sell/Share My Personal Information Do Not Sell/Share My Personal Information Arbitration Arbitration MediaNews Group MediaNews Group Powered by WordPress.com Powered by WordPress.com Copyright \u00a9 2025 MediaNews Group Copyright \u00a9 2025 MediaNews Group In Trump\u2019s team, supplement fans find kindred spirits In Trump\u2019s team, supplement fans find kindred spirits in search of better health in search of better health Blood test for ovarian cancer misses some Black and Blood test for ovarian cancer misses some Black and Native American patients, study finds Native American patients, study finds Special Sections Special Sections Buffzone.com Buffzone.com BocoPreps.com BocoPreps.com Greeley Tribune Greeley Tribune Broomfield Enterprise Broomfield Enterprise Colorado Hometown Weekly Colorado Hometown Weekly My Town Colorado My Town Colorado Colorado Box Office Colorado Box Office Raised in the Rockies Raised in the Rockies About Us About Us Archives Archives Work With Us Work With Us Accessibility Accessibility Sitemap Sitemap Sign Up for Newsletters Sign Up for Newsletters e-Edition e-Edition Submit Submit Purchase Photos Purchase Photos Newspaper in Education Newspaper in Education Audio Headlines Audio Headlines Mobile Apps Mobile Apps Public Notices Public Notices Prairie Mountain Media Advertising Prairie Mountain Media Advertising Network Advertising Network Advertising Adtaxi Solutions Adtaxi Solutions", "7695_101.pdf": "By By | Special to The Denver Post and | Special to The Denver Post and PUBLISHED: PUBLISHED: November 6, 2015 at 1:04 November 6, 2015 at 1:04 former University of Colorado employee filed a lawsuit claiming she was fired former University of Colorado employee filed a lawsuit claiming she was fired after she reported being sexually harassed by a now-retired administrator, whom she claims after she reported being sexually harassed by a now-retired administrator, whom she claims encouraged her to call him \u201cDad\u201d and view him as a father figure. encouraged her to call him \u201cDad\u201d and view him as a father figure. Kimberly Parker is suing the university and Jeffrey Luftig, who worked on the Boulder campus Kimberly Parker is suing the university and Jeffrey Luftig, who worked on the Boulder campus until June of this year, for retaliation and sex discrimination. Luftig had been associate vice until June of this year, for retaliation and sex discrimination. Luftig had been associate vice chancellor for process innovation, a position created when the university launched its Office for chancellor for process innovation, a position created when the university launched its Office for Performance Improvement in 2013. The suit doesn\u2019t include the specific damages sought. Performance Improvement in 2013. The suit doesn\u2019t include the specific damages sought. Luftig led that office, which used data to help campus units with strategic planning and Luftig led that office, which used data to help campus units with strategic planning and efficiencies, until February 2015, when the university announced that he was being replaced efficiencies, until February 2015, when the university announced that he was being replaced and would instead focus on \u201cstudent success.\u201d He retired a few months later. and would instead focus on \u201cstudent success.\u201d He retired a few months later. In her complaint, which she filed in federal court in Denver at the end of September, Parker In her complaint, which she filed in federal court in Denver at the end of September, Parker claims that Luftig encouraged her to view him as a father figure and then made sexual and claims that Luftig encouraged her to view him as a father figure and then made sexual and romantic advances toward her for years, including when he was her direct supervisor. Her romantic advances toward her for years, including when he was her direct supervisor. Her attorneys wrote that after Parker rejected him, Luftig became hostile. attorneys wrote that after Parker rejected him, Luftig became hostile. Read more of the article Read more of the article Lawsuit alleges sexual harassment by former CU-Boulder Lawsuit alleges sexual harassment by former CU-Boulder administrator administrator at DailyCamera.com at DailyCamera.com Lawsuit alleges sexual harassment by Lawsuit alleges sexual harassment by former CU-Boulder administrator former CU-Boulder administrator 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 2015 2015 \ue907 \ue907November November \ue907 \ue90766 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"} |
7,273 | Charles D. Hays | Century College | [] | {} |
7,769 | Mike Ellis | University of Minnesota | [
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] | {"7769_101.pdf": "Minnesota helmet sits on the sidelines during an college football game against Michigan, Saturday, Oct. 31, 2015 in Minneapolis Photo/Paul Battaglia) Paul Battaglia/Associated Press College Football Mike Ellis, Minnesota Associate Athletic Director, Resigns Amid Investigation Featured Video Josh Hubbard Gets a Bucket Not Available in Your Region Yet To learn more about where you can access Max, visit the Help Center. If you contact us about this error, please include the following code: f1b60c2e-c24a-4349-927b-4dd636ca8ad6 Go Back Home Scores Teams Recruiting Highlights Sports on Max Tim Daniels Jun 8, 2018 Minnesota associate athletic director Mike Ellis resigned from his position Friday amid an ongoing investigation into complaints made against him. Brandon Stahl and Dan Browning of the Star Tribune provided confirmation of Ellis' decision from his attorney, Christopher Madel. Jon Krawczynski of the Associated Press noted Golden Gophers spokesman Chris Werle also confirmed Ellis' exit. The Star Tribune report passed along part of the resignation letter. He stated the school had made \"no disciplinary findings against me\" and added that he has \"done nothing wrong 5-Star Tristen Keys Commits to Over Alabama, More; No. 1-Ranked in 2026 Class Bleacher Report 1d College Football Teams With Best Shot to Go Undefeated in 2025 Bleacher Report 1d Byron Leftwich Joins Deion Sanders' Colorado Coaching Staff with Faulk, Sapp Bleacher Report 2d His attorney told the outlet that Ellis had recently returned to work for a couple of days after taking voluntary leave in early September for the investigation. Ellis ultimately decided it would be better for him to accept one of the other positions made available to him during his time away, however. \"One of the offers that he got was with a very big name apparel company\u2014but it's not Nike,\" Madel said. \"He got another offer from a sports agent. And he had another offer from a university. He's less inclined to work for any universities\u2014he's just sick of them.\" In August, former Minnesota athletic director Norwood Teague resigned after revelations of sexual harassment. Ellis and Teague previously worked together at Virginia Commonwealth University, but Madel stated the allegations that led to Teague's exit didn't involve Ellis. Josh Verges of the Pioneer Press reported an anonymous email was sent to University of Minnesota president Eric Kaler in August that alleged Ellis and Teague viewed \"pornographic images of college-aged women\" on Ellis' phone during a 2012 bowl trip. The school stated the complaints were still \"pending\" as of Friday but didn't provide any further information about the investigation, according to the Pioneer Press Men's Tournament 2025 Expert Predictions for First Round Every Team's Best- and Worst- Case Scenario for Season's Final 3 Weeks 2025 Mock Draft Predictions and Pro Co Tournament You Might Also Like Don't Pay For New Gutters. Get This 3-in-1 System Instead Gutters System Cardiologist: How To Quickly Lose a Hanging Belly nomorfat.com Not a typical dating platform Japansdates.com Meghan Markle\u2019s new Netflix show is out of touch with the times The Economist About Advertise Contact Us Get Help Careers Sitemap Community Guidelines Privacy Terms Of Use Sports on Creators Program Copyright \u00a9 2025 Bleacher Report, Inc Warner Bros. Discovery Company. All Rights Reserved. Dermatologist Reveals Link Between Pillows and Aging Blissy This Costco Favorite Is The New Go-To For Youthful-Looking Skin! nomorwrink.com Did you know this: The super rich read as many as 50 Books per year Blinkist Magazine Pensioners Will Be Able To Buy These Electric Cars, See The Price FavoriteSearches | Search Ads Cookie Preferences", "7769_102.pdf": "Mike Ellis (University of Minnesota) By Josh Verges, St. Paul Pioneer Press September 03, 2015 at 10:49 \uf064 Share senior official with University of Minnesota athletics is on leave after a series of complaints were lodged against him following athletics director Norwood Teague's resignation last month of athletics official on leave amid complaints senior official with University of Minnesota athletics is on leave after a series of complaints were lodged against him following athletics director Norwood Teague's resignation last month. Mike Ellis, who worked alongside Teague at Virginia Commonwealth University and as senior associate athletics director at the of M, was named in five complaints submitted recently through the university's anonymous reporting system for ethical concerns. \"Based on content, those reports have been submitted to the independent external counsel or other appropriate authority to investigate. The university asked Mr. Ellis to take voluntary time off, which he agreed to do, while the investigation of these matters was undertaken. Mr. Ellis has been cooperating fully,\" spokesman Evan Lapiska said by email. The university's human resources office also investigated Ellis in January 2013, but he was not disciplined. The school said state law bars it from releasing any details of that complaint. However, an anonymous Aug. 10 email addressed to President Eric Kaler, which also was sent to the Pioneer Press, claimed Teague and Ellis sexually harassed a staffer during a bowl game trip to Houston in December 2012. The email, which purported to be from members of the of M's senior athletics staff, alleged a senior staffer was shown \"pornographic images of college aged women on the phone of newly hired Executive Athletic Director Mike Ellis that he was exchanging with Norwood Teague during dinner with the senior athletic staff of Texas Tech,\" the bowl game opponent. When that staff took offense to the images, he was \"shunned\" and soon fired, the email said. The email promised to be the \"first of a series documenting known instances of misconduct\" concerning Teague and others. Teague resigned Aug. 7 after two women on President Eric Kaler's leadership team accused him of sexual harassment. It later came out that had paid women's basketball coach Beth Cunningham $125,000 to settle a gender discrimination complaint she'd filed against Teague. The since has hired an employment attorney to review sexual harassment claims against Teague and other leaders in the athletics department, as well as review Teague's hiring and the workplace climate within athletics. Ellis followed Teague from to the Gophers in July 2012. He spent 13 years on the men's basketball staff before becoming an associate athletics director for the Rams. Ellis was involved in Teague's hiring of basketball coaches Anthony Grant and Shaka Smart at VCU. After joining the Gophers, Ellis took over as executive associate athletics director in charge of basketball. After Tubby Smith and Pam Borton were fired in 2013 and 2014, Ellis helped Teague during the search process that eventually brought in Richard Pitino and Marlene Stollings to coach men's and women's basketball, respectively. The Gophers' sponsorship agreement with Nike was handled by Ellis, who runs the Villa 7 consortium that helps college basketball assistants network for head coaching jobs across the country. Ellis and Teague both ran Villa 7 while at VCU. Ellis' salary with the of is $153,000. The Pioneer Press is a media partner with Forum News Service. \uf064 Share", "7769_103.pdf": "\ue090 612-470-9965 \uf0e0 \ue081 \u0000 aMENU A. KLASSEN, P.A. Minnesota Employment Law Attorney 612-470-9965 As previous posts discussed, sexual harassment in the workplace can be a very uncomfortable situation for employees, and it is often a difficult incident to discuss or report. However, these are incidents that should be reported and addressed. When employees believe that they are a victim of sexual harassment in the work environment, it is important that the employees understand that they have options and recourses available to them. According to recent reports, the athletic director of the University of Minnesota\u2019s athletic department, Norwood Teague, resigned from his position in August following a sexual harassment claim. These claims occurred a few weeks before his departure, and two high-level university administrators who claimed Teague sexually harassed them at a senior leadership retreat filed them. Teague\u2019s deputy director, Mike Ellis, recently stepped down and was placed on leave following complaints of sexual misconduct. The details of their actions or inappropriate behavior were not immediately available. However, investigations are ongoing. In addition, the department\u2019s culture, hiring practices and handling of sexual harassment allegations are being looked at. As this story highlights, reporting sexual harassment will result in the investigation of the allegations. If it is determined that the claims are accurate, action could be taken against the harasser to remedy the situation for the victims of sexual harassment. Additionally, if the incident has resulted in damages, victims could recover those as well. In these matters, it is important to fully understand what options are available, as it is often On Behalf of John A. Klassen, P.A. | Dec 9, 2015 | Sexual Harassment | \ue090 612-470-9965 difficult for employees to navigate these types of actions due to the sensitivity of the situation. Source: Foxnews.com, \u201cMinnesota to detail athletics inquiry launched after Teague\u2019s sex harassment scandal,\u201d Dec. 8, 2015 \ue090 612-470-9965 Search our site Search Have You Been Victimized By Your Employer? Contact Us Fields marked with an * are required Name Email * Phone Message Disclaimer | Privacy Policy have read the disclaimer. * \ue090 612-470-9965 Categories Age Discrimination (60) Blog (24) Disability Discrimination (56) Employee Rights (67) Employment Discrimination (149) Sexual Harassment (90) Whistleblower Protection (65) Wrongful Termination (31) Archives February 2025 (1) November 2024 (1) August 2024 (1) May 2024 (1) February 2024 (1) November 2023 (1) August 2023 (1) May 2023 (1) February 2023 (1) November 2022 (1) August 2022 (1) May 2022 (1) February 2022 (1) November 2021 (1) August 2021 (2) May 2021 (1) February 2021 (1) November 2020 (1) October 2020 (1) July 2020 (1) \ue090 612-470-9965 May 2020 (1) April 2020 (1) January 2020 (3) December 2019 (7) November 2019 (7) October 2019 (9) September 2019 (7) August 2019 (8) July 2019 (7) June 2019 (8) May 2019 (8) April 2019 (7) March 2019 (7) February 2019 (7) January 2019 (8) December 2018 (8) November 2018 (6) October 2018 (8) September 2018 (7) August 2018 (9) July 2018 (7) June 2018 (8) May 2018 (8) April 2018 (6) March 2018 (6) February 2018 (7) January 2018 (6) December 2017 (8) November 2017 (6) October 2017 (7) September 2017 (6) June 2017 (8) May 2017 (8) April 2017 (7) March 2017 (8) February 2017 (7) January 2017 (7) December 2016 (8) \ue090 612-470-9965 November 2016 (8) October 2016 (7) September 2016 (7) August 2016 (8) July 2016 (8) June 2016 (9) May 2016 (5) April 2016 (8) March 2016 (7) February 2016 (7) January 2016 (5) December 2015 (3) November 2015 (4) October 2015 (4) September 2015 (5) August 2015 (4) July 2015 (5) June 2015 (4) May 2015 (4) April 2015 (5) March 2015 (4) February 2015 (4) January 2015 (5) December 2014 (4) November 2014 (5) October 2014 (4) September 2014 (4) August 2014 (5) July 2014 (4) June 2014 (3) May 2014 (5) April 2014 (4) March 2014 (4) February 2014 (4) January 2014 (5) December 2013 (4) November 2013 (4) October 2013 (5) \ue090 612-470-9965 September 2013 (4) August 2013 (5) July 2013 (4) June 2013 (4) May 2013 (5) April 2013 (3) March 2013 (4) February 2013 (5) January 2013 (4) December 2012 (4) November 2012 (5) October 2012 (3) September 2012 (4) August 2012 (5) July 2012 (4) June 2012 (3) Recent Posts 3 ways employers may illegally retaliate against workers How companies may discriminate against people with medical conditions When is a workplace dress code discriminatory in Minnesota? 3 kinds of workplace sexual harassment that could lead to lawsuits Discrimination and retaliation based on leave Feed Subscribe To This Blog's Feed \ue090 612-470-9965 When employers discriminate or allow harassment and retaliation to take place or continue, we are dedicated to holding them accountable for their unlawful actions. \ue090 612-470-9965 Contact The Firm John A. Klassen, P.A. Attorneys at Law 310 4th Avenue South Suite 5010 Minneapolis 55415 Phone: 612-470-9965 Fax: 612-204-4534 Minneapolis Office Follow Our Firm Follow Follow Follow \ue094 \ue093 \ue09d \ue090 612-470-9965 John A. Klassen, P.A., represents clients throughout Minnesota. \u00a9 2025 John A. Klassen, P.A. \u2022 All Rights Reserved Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw \ue090 612-470-9965", "7769_104.pdf": "Minnesota associate Mike Ellis takes voluntary leave of absence by September 3, 2015 9:13pm Minnesota associate athletic director Mike Ellis has voluntarily stepped away from the program after five anonymous complaints were filed against him. The complaints were uncovered during an independent investigation of sexual harassment and discrimination in the athletic department, according to ESPN's Myron Medcalf, which resulted in the resignation of athletic director Norwood Teague last month. The school released the following statement: Jesse Johnson Sports Mike Ellis is employed by the University of Minnesota. Since August 7, 2015, five anonymous reports have been received on the University's EthicsPoint reporting system in which Mike Ellis is a subject. Based on content, those reports have been submitted to the independent external counsel or other appropriate authority to investigate. The University asked Mr. Ellis to take voluntary time off, which he agreed to do, while the investigation of these matters was undertaken. Mr. Ellis has been cooperating fully. There was one prior complaint against Mr. Ellis in January 2013. The status of that complaint is that it was investigated by central HR, there was no discipline, and the matter is closed. Under the Minnesota Government Data Practices Act, the University may not disclose additional information about the nature of this complaint. Teague resigned in August after two women accused the athletic director of sexual harassment source: ACC, Clemson and Florida State reach proposed settlement to resolve legal fight, change revenue distribution Mountain West seeks mediation over $55M dispute in Pac-12 'poaching' lawsuit College Football coach Joe Fusco, who won 4 titles at Westminster College, dies Ex star Portis joins DeSean Jackson's staff at Delaware State The ultimate, personalized mobile sports experience Copyright \u00a9 2025 Score Media Ventures Inc. All Rights Reserved. Certain content reproduced under license. Privacy Policy \u2022 Terms of Use", "7769_105.pdf": "+ Sports Another Minnesota Athletics Administrator Accused of Sexual Harassment and Discrimination By Liam Daniel Pierce September 3, 2015, 2:35pm Share: Associate Mike Ellis takes leave of absence due to sexual harassment allegations. pic.twitter.com/oj5Qd3jwqR \u2014 The Daily Gopher (@TheDailyGopher) September 3, 2015 There\u2019s an old adage that goes, \u201cfor each chauvinistic, patriarchal dipshit you see, there are at least 1,000 chauvinistic, patriarchal dipshits you don\u2019t.\u201d Such is the case with the University of Minnesota athletics administration. On Thursday, Mike Ellis, Minnesota\u2019s Senior Associate Athletic Director, \u201cvoluntarily\u201d took leave while facing five anonymous complaints of sexual harassment and discrimination less than a month after Norwood Teague, former University of Minnesota athletic director, resigned amidst sexual harassment complaints According to the Minneapolis Star Tribune, Ellis, described as the \u201chand-picked assistant\u201d to Teague, had shown pornographic images of college-aged women on his cellphone to Teague and others during a 2012 bowl game. Shortly after, Chris Bahl, a staff member, made it known that he was offended by the images, and was later fired due to \u201creorganization purposes,\u201d according to the complaint filed in August. The cellphone incident is just one in a few damning complaints against both Ellis and Teague. The two administrators had previously held top positions together in the athletic department of Virginia Commonwealth University, which received a formal complaint from basketball coach Beth Cunningham about Title discrimination. In 2012 paid Cunningham $125,000 to settle that complaint. Earlier this month, Teague resigned amidst sexual harassment complaints that he was inappropriately touching two female university employees while drunk, sending one of them several graphic text messages. University President Eric Kaler tried to downplay the situation at a news conference view this as the action of one man who was overserved [alcohol] and a series of bad events happened. It doesn\u2019t reflect the culture and the values of the university. It seems that Kaler is dealing with a culture of sexism within his athletics department. Or a culture that lies within certain unchecked corners of the male- dominated profession. Tagged Share Sick of AirPods? 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Subscribe By signing up, you agree to the Terms of Use and Privacy Policy & to receive electronic communications from Media Group, which may include marketing promotions, advertisements and sponsored content. 42 2 50 Cent Sided With Diddy After Latest Kanye West Meltdown Will Kendrick Lamar Perform at the 2028 Olympics \u2018Wizardry: Proving Grounds of the Mad Overlord\u2019 Is a Punishing, Beautiful Remake of the That Started It All, and Can\u2019t Get Enough 2 2 2 \u2018Do No Harm\u2019 Feels Like Ye Olde \u2018Papers, Please\u2019 Mixed With \u2018Five Nights at Freddy\u2019s\u2019, Bringing Anomaly Hunting to Medieval Times (Review Believe In Winner, Winner, Chicken Dinner \u2014 Joe Hendry Drops Into Mobile\u2019 Very Soon, and I\u2019m Not Okay Astronauts Will Not Get Overtime Pay for the Nine Months Spent Stranded in Space \u2018Dark Mass\u2019 Is an Underwater Hellscape of a Game, and for Some Reason Love It 2 3 3 4 \u00a9 2025", "7769_106.pdf": "60\u00b0 Richmond 2 Weather Alerts In Effect \uf00d \uf0c9 Livestreams News National News \uf002 (WWBT) - Former deputy athletic director Mike Ellis is on leave at the University of Minnesota pending an investigation into sexual harassment complaints. Ellis' leave comes just weeks after Athletic Director Norwood Teague's resignation back in August. The Star Tribune says Ellis \"voluntarily\" agreed to take leave from his job on Thursday as outside lawyers at the University of Minnesota were hired to investigate sexual harassment and discrimination issues. Five anonymous complaints have been made since Teague resigned Aug. 7. The University of Minnesota says that Ellis is cooperating in the investigation prior complaint filed in January 2013 is tied an incident that featured \"pornographic\" images, according to The Star Tribune. The article says Ellis allegedly had images of college-aged women on his cellphone and shared them with Teague and other staffers during a bowl game in 2012. University of Minnesota spokesperson Evan Lapiska confirmed the complaint was closed without any disciplinary actions after investigation by the University of Minnesota's human resource department. The school does not have to disclose additional information about the complaint, according to a Minnesota state law. There was another complaint made in August 2015 saying a senior member of the University's athletic department and a member of the Gopher Radio Network team were \"offended by the graphic images.\" The report obtained by The Start Tribune also states the member was \"shunned by the new senior administrators,\" including Teague and Ellis. The Star Tribune says the staffer was fired due to \"reorganization purposes.\" Former deputy athletic director on leave at the University of Minnesota By Megan Woo Published: Sep. 3, 2015 at 6:49 | Updated: Sep. 3, 2015 at 8:27 Teague resigned in August after sending inappropriate texts while drunk. He hired Ellis at back in August 2012 as a senior associate athletic director. Copyright 2015 NBC12. All rights reserved. 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8,224 | Scott Westerman | Michigan State University | [
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] | {"8224_101.pdf": "Take a peek behind the curtain and test drive the StateNews.com today! news / msu Report details how Westerman violated sexual harassment policy Chase Michaelson October 31, 2018 Associate Vice President for Alumni Relations and Executive Director for the Alumni Association Scott Westerman gives a speech at the anniversary of the Evening College on Sept. 21, 2011. (Mo Hnatiuk | The State News) An report obtained by The State News shows the Office of Institutional Equity, or OIE, found in a report dated Aug. 22, 2018, former employee Scott Westerman engaged in \u201csevere, persistent, and pervasive unwelcome conduct of a sexual nature\u201d with an unnamed female claimant who was a student at the time. Westerman, who resigned from his position in April as Vice President of Alumni Relations and Executive Director of the Alumni Association, sent \u201cmultiple communications of a sexual, intimate, and romantic nature in the form of email and text messages.\u201d The report states initial interviews with the claimant were held March 13, 2018, by Kroll Investigators, a British firm, on behalf of OIE. The claimant met Westerman in August 2010, where they developed a \u201cmentorship\u201d relationship she described as \u201cfather-like.\u201d Westerman reportedly added her to his University Club membership, let her use his car and paid for expenses such as groceries and contact lenses. The mentorship relationship changed between 2010 and 2012, according to the report. The claimant said Westerman would \u201csend me texts on what to expect from a spouse and materials on what qualifies as good sexual intercourse.\u201d The claimant provided numerous email exchanges between Westerman and herself, many of which provided links to, or copy-and-pastes, of articles about sex. Many of these emails were not responded to by the claimant, such as a Nov. 26, 2011 email with a copy-and-paste of a New York Times Magazine article entitled \"Teaching Good Sex.\" The email from Westerman had a subject line of \u201cLoved this article,\u201d and included the phrase \u201creminded me that the bulk of our conversations ended up being about relationships in general \u2026 this guy seems like an amazing teacher.\u201d The report includes a passage about an incident that took place in a hotel in December 2011. The claimant was drinking alcohol after the Big Ten football championship game in Indianapolis, Dec. 3, 2011. She did not want to stay at her registered hotel, so she asked Westerman to pick her up and take her to his hotel room, which had two beds. The claimant said she laid down in one, and Westerman rubbed her back and asked if she wanted him to hold her, which she declined. He then reportedly stated wish could have sex with you so you could know what it\u2019s really supposed to feel like.\u201d The claimant stated her work performance started to suffer in the wake of this incident, as she began to question the nature of her and Westerman\u2019s relationship. Her employment was eventually terminated in August 2012. She stated she was concerned about filing a complaint against Westerman because she was \"afraid of losing her job, afraid of being blacklisted, afraid of losing her network in the area; afraid losing other mentors she had met through (Westerman); afraid of not being believed; and afraid of the possible repercussions witness Kroll interviewed April 19, 2018 stated the claimant called her in the immediate aftermath of the December 2011 hotel incident from the bathroom. The claimant later said she was unsure if this call took place, but she definitely told her about the events after the fact. This witness said she was \u201calways concerned\u201d about the relationship between Westerman and the claimant, calling many of his actions \u201cweird for a mentor.\u201d On March 22, 2018, Kroll interviewed Westerman who attended the interview with his attorney. Westerman was asked if this mentorship relationship ever happened with another person, to which he said: \u201c... about 12 students we have created bonds with. We go to their graduations and weddings, exchange Christmas cards. Basically, these people become our friends, that was the case with (the claimant).\u201d Upon viewing a preliminary draft of the report, the claimant asked for clarification on how many of those students were female, what the nature of the relationships were and if Westerman ever alone with any of those students. Westerman\u2019s response did not address these questions. Westerman denied his relationship with the claimant ever turned romantic and said he did not feel his contacts with the claimant were inappropriate. He often told the claimant he loved her, using the phrase \u201cLYNMW,\u201d meaning \u201cLove You No Matter What.\u201d Westerman said he wanted to help the claimant better express love verbally, which she had \u201ctrouble expressing\u201d and she told him she would \u201cwork on that.\u201d When asked about the December 2011 hotel incident, Westerman reportedly said don\u2019t remember, but wouldn\u2019t have done that don\u2019t recall.\u201d He gave similar answers to follow-up questions about the conduct described in the report. He did say his comment about them potentially having sex would be \u201cso wrong (on) many levels.\u201d OIE\u2019s analysis states they must determine: Whether Westerman\u2019s conduct was unwelcome; whether the conduct was of a sexual nature; whether the conduct was severe, persistent, or pervasive; and whether a reasonable person would find the conduct created a hostile or abusive environment concluded: \u201cGiven the number and frequency of their prior electronic communications, and the fact that the claimant did not directly respond to (many of these communications), a preponderance of the evidence supports a finding that these communications were unwelcome.\u201d In regards to the question of whether the conduct was of a sexual nature cited six different electronic communications, all of which included either romantic or sexual sentiments. The report also cited the December 2011 hotel incident, stating \u201ca preponderance of the evidence establishes that this conduct was clearly sexual stated because of the frequency of these communications and their sexual nature reasonable person would find the conduct was severe.\u201d In addition, Westerman\u2019s behavior caused an unreasonable interference with the claimant\u2019s performance at work. Because of his high-level position at found the conduct \u201cunreasonably interfered with the claimant\u2019s work or performance, and caused a hostile environment.\u201d Therefore, the report concluded, Westerman violated Michigan State University\u2019s policy on sexual harassment by \u201cengaging in unwelcome conduct of a sexual nature with the claimant.\u201d Scott Westerman resigned from his position in April during the course of the investigation, four months before the report was concluded in August Vice President and University Spokesperson Emily Guerrant said did not have an updated statement on the matter, referring to the statement from August. \"While the investigation did determine Westerman violated university policy no disciplinary action will be taken as he is no longer employed by MSU,\" the statement said. Scott Westerman Office of I... by on Scribd DIT@: Mftmh`r 87, 8>92 TM: Fbis` Kgfbi`csmo, Vpmrts X`pmrt`r, Tb` Vtit` O`ws \u2016 fbis`.kgfbi`csmoNstit`o`ws.fmk EXMK: X`h`ffi O`csmo, Dgr`ftmr iod Er``dmk me Goemrkitgmo Ift (EMGI) Meegf`r Kgfbglio Vtit` Pogv`rsgty Meegf X`spmos` Tbgs gs wrgtt`o go r`spmos` tm tb r`qu`st tbit ymu `kigc`d tm tbgs Meegf` mo V`pt`kh`r 8>, 8>92, iod emr tb` prmf`ssgol me wbgfb w` r`f`gv`d i e`` d`pmsgt mo Mftmh`r 80tb. Tb` r`fmrd r`spmosgv` tm ymur r`qu`st iffmkpiog`s tbgs c`tt`r. Fmkpcigoiot iod wgto`ss oik`s, goemrkitgmo tbit fmucd gd`otgey tbms` godgvgduics, f`rtigo stit`k`ots kid` hy tb` fmkpcigoiot, t`xt k`ssil`s, iod mtb`r p`rsmoic diti sufb is prgvit` `kigc iddr`ss`s, twgtt`r us`roik`s, iod goemrkitgmo p`rtigogol tm eikgcy iod prgvit` iftgvgtg`s, biv` h``o r`dift`d uod`r V`ftgmo 96(9)(i) me tb` Kgfbglio Er``dmk me Goemrkitgmo Ift (KGEMGI). V`ftgmo 96(9)(i) prmvgd`s emr tb` wgtbbmcdgol me \u2013goemrkitgmo me i p`rsmoic oitur` ge puhcgf dgsfcmsur` me tb` goemrkitgmo wmucd fmostgtut` i fc`ircy uowirriot`d govisgmo me io godgvgduic's prgvify.\" Vtud`ot goemrkitgmo bis h``o r`dift`d uod`r V`ftgmos 96(9)(i) iod 96(8). V`ftgmo 96(8) r`qugr`s tb` 1 / 57 Under The Radar Canadian Microcap Company Getting Attention in Drug Discovery Teaspoon on an Empty Stomach Burns All Parasites Extremely Fast Who Has Been the Best Canadian Prime Minister? Take the Poll Shrink Your Enlarged Prostate Without Surgery - Here's How Vertigo Dizziness? Do This Immediately (Watch The Fungus Will Disappear in 1 Day! Write Down an Expert's Recipe search... sections news sports spotlight opinion quick links about advertise board of directors photo reprints social alumni contact us email newsletter classifieds obituaries privacy policy corrections & archives student positions All Content \u00a9 2025 State News, Inc. Powered by Solutions by The State News.", "8224_102.pdf": "Alumni Director Resigns Amid Title Allegation Scott Westerman says his decision to step down is not related to the active investigation into a Title complaint filed against him in February. Published: April 18, 2018 Author: Amy Rock Westerman had been director of the alumni association since 2010. \uf09a \uf099 \uf08c \uf0e0 The head of Michigan State University\u2019s alumni association has resigned two months after a Title complaint was filed against him. Scott Westerman, the associate vice president for alumni relations and executive director of the Alumni Association, announced his resignation on Monday, according to spokeswoman Emily Guerrant. Westerman, whose esignation will be effective July 31, claims the allegation did not play a role in his decision to step down and that he will be moving to Florida to be closer to his family, reports Live \uf002 Trending Texas Tech Explosion Causes Multiple Fires, Power Outages Brown Univ. Professor Deported for Supporting Hezbollah 2 Fort Lauderdale: High School Stud \uf002 Follow Us \ue093 \ue09a \ue09d \ue094 \ue0a3 Emerald Media Network Advertise Campus Safety Conference \u201cOne of the realities of being a leader at these days is that you\u2019re also a target and as some news outlets are reporting, I\u2019ve been targeted,\u201d Westerman wrote on Facebook Tuesday. \u201cIt\u2019s not a police matter, I\u2019ve been fully cooperating with the team looking into it and expect a positive outcome. Sadly, ours is a world where allegation and guilt are perceived to be interchangeable BELOW\u2014\u2014 Get the latest industry news and research delivered directly to your inbox each week! Email* By clicking Sign Up above, you agree to the Emerald Privacy Policy and Terms of Use. Sign Up Bob Thomas, assistant vice president of marketing and communications in MSU\u2019s Advancement department, will serve as interim director until a permanent replacement is hired. The Title complaint was filed against Westerman back in February. More details about the complaint have not been released and it is currently being investigated by MSU\u2019s Office of Institutional Equity. Westerman\u2019s resignation is far from the first shake-up at the East Lansing school in the recent months following the conviction of former physician Larry Nassar. The school has been under scrutiny for its handling of Title allegations against Nassar and has also been accused of mishandling other cases of sexual abuse and harassment, many involving student- athletes. In January president Lou Anna K. Simon and athletic director Mark Hollis both retired amid the controversy. In March, William Strampel, the former dean of the College of Osteopathic Medicine at who oversaw Nassar, was charged with criminal sexual conduct involving female medical students. Interim President John Engler has moved to revoke Strampel\u2019s tenure, according to Detroit News. Last year, Strampel told police he never followed up after ordering Nassar in 2014 to have a third person present when providing treatment to patients in sensitive areas. Westerman had been director of the alumni association since 2010. Posted in: News Tagged with: Investigations, Student Safety, Title Spotlight on West 2025 West 2025: Hanwha Vision to Showcase Solutions Improving Situational Awareness, Response Times Organizational Effectiveness Expert Dave Minionis to Keynote 2025 Campus Safety Conference Keeping Your Campus Connected and Protected Campus Safety Conference Registration and Agenda are Now West 2025 Spotlight Sponsors Related Posts Shooting at Michigan Hospital Leads to Lockdown; Suspect in Custody UPDATE: Reported Cases of Measles in Texas Grows to 309 Fort Lauderdale: 2 Dillard High School Students Attack Teacher Pregnant Attacked by Juvenile Patient in Akron Children\u2019s Hospital Contact Us Emerald Expositions 31910 Del Obispo, Suite 200 San Juan Capistrano 92675 Phone: 800-440-2139 Customer Service: 774-505-8058 Social: \ue093 \ue09a \ue09d \ue094 \ue0a3 General News Insights Resources Awards Podcasts Sponsored Press Releases Topics View All Posts \u00bb Active Assailant Clery / Title Emergency Management Hospital Security Mental Health Public Safety School Safety Security Technology Facilities Management University Security Awards Campus Safety Awards Director of the Year Awards About Us About Us Editorial Team Advertise with Us Get the latest industry news and research delivered directly to your inbox each week! 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All Rights Reserved Contact Us Emerald Expositions 31910 Del Obispo, Suite 200 San Juan Capistrano 92675 Phone: 800-440-2139 Customer Service: 774-505-8058 \ue093 \ue09a \ue09d \ue094 \ue0a3 General News Insights Resources Awards Podcasts Sponsored Press Releases Topics View All Posts \u00bb Active Assailant Clery / Title Emergency Management Hospital Security Mental Health Public Safety School Safety Security Technology Facilities Management University Security Resources Campus Safety Awards Director of the Year Awards About Us About Us Editorial Team Advertise with Us", "8224_103.pdf": "alumni director resigns amid investigation by Title office Published 11:10 a.m April 17, 2018 Updated 7:00 p.m April 17, 2018 Michigan State University's alumni executive director is under investigation by the school's Title office and has resigned, the school confirmed to the Free Press on Tuesday. Scott Westerman, associate vice president for alumni relations and executive director of the Alumni Association, told the school his resignation will take effect July 31. His resignation letter said he will be moving to Florida to be closer to family and return to the private sector. Westerman is the latest high-ranking administrator to leave the university. That list includes the president, the athletic director, the chief lawyer and the dean of one of the colleges. As head of the alumni association, Westerman is a highly visible public face of the university. The association has 140 alumni clubs worldwide and regularly hosts gatherings at sporting events. The majority of the high-ranking administrators who have left have done so under intense public pressure for their handling of the Larry Nassar sexual assault scandal. There is no indication Westerman is tied at all to that. Bob Thomas will serve as interim director of the Alumni Association while a search for a new executive director is conducted spokeswoman Emily Guerrant told the Free Press after the newspaper asked about Westerman's status. David Jesse Detroit Free Press complaint was filed against Westerman with the school's Office for Institutional Equity on Feb. 9, Guerrant confirmed. The investigation is ongoing. Further details weren't available. The office investigates complaints about discrimination, harassment, and violations of the school's Anti-Discrimination Policy and Policy on Relationship Violence and Sexual Misconduct was recently surprised to learn that am the subject of an inquiry,\" Westerman said in a statement. \"It covers a brief period near the start of my tenure, is not a police matter, and, naturally am fully cooperating with with investigators won\u2019t have further comment until their work is complete. \"With regard to our departure, we have been planning to return to Florida for some time. The inquiry was not a factor in that decision.\" More stories: Ex lawyer walks away with $430K payout Michigan State regrets response to rape lawsuit prez blasts ESPN's sexual assault history MSU: Students may pay for Nassar settlements Westerman has been at since 2010, when he took over as leader of the university's alumni association. He came to from Albuquerque, N.M., where he was an area vice president for Comcast Corp.\u2019s West Division. Westerman obtained his Bachelor of Arts degree in telecommunication from in 1978. In 2001, he was awarded the College of Communication Arts and Sciences Distinguished Alumnus award. Before coming to as an employee, he was active in the school's alumni association, including chairing its national alumni board number of officials have left the university in recent months, starting with President Lou Anna Simon, who resigned under heavy pressure for her handling of the Nassar case. Athletic Director Mark Hollis stepped down as well in January, a couple of days after the announced an investigation into the school's handling of Nassar and hours before released a report critical of the athletic department's handling of sexual assault accusations. Robert Noto, the university's top lawyer, left in February. Before he left Trustee Brian Mossallam had called for Noto to step down over his work during the Nassar case. Nassar's boss, William Strampel, dean of the College of Osteopathic Medicine until he stepped down in December, is now facing four charges of his own, including a felony charge of criminal sexual conduct and two misdemeanor charges of willful neglect of duty by a public official. Nassar, 54, the doctor accused of molesting dozens of female students and athletes, has been sentenced to 60 years in federal prison on child pornography charges and is incarcerated at a high-security federal prison in Arizona. He also faces a 40- to 175-year sentence issued in Ingham County and a 40- to 125-year sentence in Eaton County, where he was charged with 10 sexual assaults. Those sentences will not begin until he finishes the federal sentence. Contact David Jesse: 313-222-8851 or [email protected]. Follow him on Twitter: @reporterdavidj", "8224_104.pdf": "Official: Former alumni director Scott Westerman violated university policy Published 3:40 p.m Aug. 27, 2018 Updated 4:10 p.m Aug. 27, 2018 - Scott Westerman, former associate vice president for alumni relations and executive director of the Michigan State University Alumni Association, violated MSU's Relationship Violence and Sexual Misconduct policy, a university investigation concluded complaint was filed against Westerman with MSU's Office of Institutional Equity in February. He notified officials in April that he planned to leave the university and move to Florida to be closer to family and return to the private sector. He said at the time the investigation was not a factor in his decision to leave disagree with the findings and regret the distraction it has caused,\" Westerman wrote in an email Monday no longer work for the institution and will have no further comments spokesperson Emily Guerrant said Office of Institutional Equity concluded its investigation last week. She declined to say whether the complainant was a student or staff member. \"While the investigation did determine Westerman violated university policy no disciplinary action will be taken as he is no longer employed by MSU,\" according to Wolcott Lansing State Journal a statement from MSU. \"We continue to encourage students, faculty and staff to report any incidents. The university is committed to thoroughly investigating all complaints to create a safer, healthier and more respectful campus community,\" the statement concluded. More won't say whether any deans, top officials have been investigated for misconduct Contact Wolcott at (517) 377-1026 or [email protected]. Follow him on Twitter @wolcottr.", "8224_105.pdf": "report: Ex-alumni chief sexually harassed student Published 8:13 p.m Oct. 31, 2018 Updated 9:56 p.m Oct. 31, 2018 Former Michigan State University alumni chief Scott Westerman violated the university's sexual harassment policy by sending multiple text and email messages that were sexual, intimate and romantic to an undergraduate student, including \"some materials on what qualifies as good sexual intercourse\" and telling her that he loved her, according to a report released Wednesday. The Final Investigative Report of MSU's Office of Institutional Equity also found that Westerman made a sexual advance toward the woman in a hotel room during a university-sponsored program December 2011. \"The investigation established that (Westerman) engaged in severe, persistent and pervasive, unwelcome conduct of a sexual nature with a claimant,\" according to the investigation report summary. But Westerman, the former associate vice president for alumni relations, said he was only being a father figure to the woman and did not recall the hotel incident but \"wouldn't have done that.\" The report comes two months after MSU's office determined that Westerman violated university policy, but the university did not release the investigative report. Westerman was not disciplined because he is no longer employed by MSU, He left his post in July amid the investigation, but said when he announced his Kim Kozlowski The Detroit News resignation in April that he was stepping down to be closer to family. In August, Westerman said he disagreed with the findings \"and regret the distraction it caused no longer work for the institution and will have no further comments.\" He could not be immediately reached for comment Wednesday. But in a recent post on Facebook, Westerman announced he was shutting down his account on the social media site. Two hours earlier, he posted \"Kent Keith's Paradoxical commandments.\" \"If you do good, people will accuse you of selfish ulterior motives. Do good anyway,\" Westerman posted on his Facebook page. \"In my experience, some will also twist truths and tell outright lies. Realize that this is the result of their pain and not a reflection of who you really are.\" The woman said she decided to come forward because Westerman contacted her about reaching out to people at the Sexual Assault Program and Sexual Assault and Relationship Violence Prevention Program. \"(The woman) stated that she felt that given the sexual harassment she experienced, (Westerman) was not the appropriate person to be working on this important problem at the university,\" according to the report. The heavily-redacted report showed the woman met Westerman in August 2010 at an event, and then at another event a week later. He immediately \"took an interest\" in her, according to the report. Soon after, the two developed a \"close 'mentorship' relationship that later became 'father like,'\" according to the report Westerman let the woman use his car, brought her presents, gave her money for groceries and contact lenses, traveled with her and added her to his University Club membership, according to the report. They also would have dinner together. \"Their relationship evolved from mentorship to fatherly to advice on sex,\" according to the report. \"Claimant stated that between 2010 and 2012 (Westerman) 'would send me texts and articles on what to expect from a spouse and materials on what qualifies as good sexual intercourse.'\" \"Then he would shift regular conversations into sexual conversations,\" according to the report. \"It was all hidden as 'fatherly advice.' She also stated that she received a New York Times article from (Westerman) in 2011 which discussed 'good sex.'\" Westerman then started telling the woman he loved her in emails and other communications with \"LYNMW,\" which means Love You No Matter What. The woman said she \"was expected to reply the same to him, because according to (Westerman), it was all a 'teaching moment,'\" according to the report. \"(The woman) had to reply 'love you too' or 'love you back.' She stated that (Westerman) said 'he was teaching [her] how to accept and give love,\" She also said that Westerman asked her about her sex life, and commented on it. She \"did not 'pick it up as weird right away,' but has come to realize it was wrong,\" according to the report. The report included a communication between the woman and Westerman where he told her that she had \"that subtle smile and indescribable look of a woman who got laid.\" Things escalated in December 2011, according to the report. After a game, the woman was drinking with friends. She later called Westerman and asked him to pick her up because did not want to spend the night at the hotel where she was registered. Because of redactions in the report, it was unclear why the woman was at a hotel. \"(Westerman) picked her up in his car and took her to his hotel ... (and) to his room which had two beds,\" according to the report. \"(The woman) laid down in one of them.\" She said that Westerman rubbed her back and \"asked her if she wanted him to hold her.\" The woman said no. \"(Westerman) then told her wish could have sex with you so you could know what it's really suppose to feel like,\" according to the report. The woman said she tried to brush it off and go to sleep. The next morning, he dropped her off at her hotel and did not address what happened the night before. Romantic communications continued through early 2012. according to the report. Westerman hosted and paid for a party for her at the stadium but it's not clear why. \"(The woman) recalled feeling flattered and slightly uncomfortable by the gesture because her family was skeptical about her relationship with (him),\" the report said. \"(She) also received an pendant from (Westerman) ...\" After the hotel incident, her work started to suffer and she started to distance herself from him, according to the report. The report includes numerous email exchanges between Westerman and the woman, including one where he sends her quotes from writers Nora Ephron and Susan Sontag. The woman said Westerman \"started getting irritated\" when she continued to distance herself from him, according to the report. The report included summaries of interviews with several witnesses, including a woman who said she had a similar experience with Westerman. He took up running because she was running and would buy her things. They also took a trip to Chicago and and shared a room together, the report said. \"She stated, 'Nothing happened. He was fine, aside from being creepy,'\" according to the report. He \"expressed to her that his goal was to 'make her see' what a 'loving relationship should look like.'\" \"[A]t one point, the two went out for a beer and (Westerman) told her he was in love with her ... she was 'taken a back\" and told (him) that she saw him as a 'father figure,'\" according to the report. \"The guy was dating at the time didn't like the amount of attention (Westerman) was giving me,\" according to the report. Officials interviewed Westerman in March and when asked to describe their relationship, he said he wanted to support her and offer \"parental resources\" but it was unclear why because of redactions in the report. \"(Westerman) said that he wrote down on paper what he wanted to communicate to (her) about this 'parental' relationship because he did not 'want there to be confusion,\" according to the report. \"(He) recalled saying to her, 'If there's anything that you feel uncomfortable with, tell us, we are in this to support you, not take advantage.'\" Investigators asked Westerman if he had ever had a \"parental\" relationship like this with other students or employees and he said that he meets 4,000-5,000 students every year, engages with 40 or 50 and creates bonds with 12. \"We go to their graduations and wedding, exchange Christmas cards,\" according to the report, quoting Westerman. \"Basically, people that become our friends, that was the case with (the woman).\" Westerman stated that he is \"very careful about these things,\" the report said. \"(He) added have a history of promoting women and minorities and creating mentorship programs for them,\" according to the report. \"(He) stated that in the past 'people couldn't believe that women couldn't get to a position of power without 'hanky panky' and we had an investigation, nothing came out of it, so learned what needed to do to protect myself was very clear about this type of relationship wanted to have with her (the woman), a parental one.\" Asked to describe their relationship, Westerman said she would call him after she had a breakup. If she said she looked horrible, he'd tell her she was beautiful. She became involved with his family. He texted her with her regularly and wrote a list of things that he loved about her and took her to dinner alone to share it with her, according to the report. He explained that he sent her the after the woman had had a breakup with a boyfriend. \"It was never saying wanted to have an inappropriate relationship with her,\" according to the report. When asked about the emails about sex and relationship, Westerman said he was sharing advice and information that she might be interested in. Westerman also said that she told him that \"sex is a sport game more than a relationship game\" and talked about her many partners often, Westerman said. \"(Westerman) stated that he did not have these conversations with any other students, but thought that because they had a 'parental' relationship such conversations were acceptable,\" according to the report. When asked about money he gave her, he said that he did not do that many times and he once gave a former male student $1,200 to help with a business. Asked about the hotel incident, Westerman said he did not recall it don't remember, but wouldn't have done that,\" according to the report. \"That would be so wrong on so many levels.\" [email protected]", "8224_106.pdf": "Report Details Sexual Harassment Claim Against Former Alumni Executive Dir Public Media Published October 31, 2018 at 11:12 \u2022 1:20 Victoryspeakers.Com Scott Westerman Details of a Michigan State University report on former alumni executive director Scott Westerman are public. It said Westerman violated MSU\u2019s policy on sexual harassment. He maintained the relationship was based on mentorship. As reported by News media partner) and the Lansing State Journal, an investigation concluded Scott Westerman engaged in severe, persistent and pervasive unwelcome sexual conduct against a woman who filed a complaint against him Partita No. 4 Johann Sebastian Bach The woman said Westerman became her mentor starting in 2010. He gave her money and presents. The report said Westerman sent her texts and articles on sexual topics. And she claimed he made sexual advances toward her in a hotel room in 2011. Westerman told investigators the relationship was never romantic. As for the hotel incident, Westerman said quote don't remember, but wouldn't have done that.\u201d The woman came forward in February of this year after Westerman asked her to reach out to MSU's Sexual Assault and Relationship Violence Prevention Program. Westerman retired from last spring and has not been on campus since April. He was associate vice president for alumni relations and executive director of the Alumni Association for 10 years. He will not face disciplinary action. In August, Westerman told News he disagreed with the finding and regretted the distraction it has caused. He concluded no longer work for the institution and will have no further comments.\u201d Tags Education Scott Westerman Michigan State University Alumni Association Special Coverage Related Content Partita No. 4 Johann Sebastian Bach News Students React To President Simon's Resignation Amanda Barberena, January 25, 2018 President Lou Anna K. Simon announced her resignation Wednesday night amid growing pressure to step down in the wake of the Larry Nassar scandal \u2022 0:59 Partita No. 4 Johann Sebastian Bach News Alumni Director Scott Westerman Resigns Associated Press, April 17, 2018 This story has been updated to include Scott Westerman's comments.Michigan State University's associate vice president for alumni relations and executive \u2022 1:06 Partita No. 4 Johann Sebastian Bach Education Michigan State Alumni Magazine Changed Amid Nassar Scandal Associated Press, August 15, 2018 Michigan State University's alumni magazine opted for a positive message after the original issue addressing the Larry Nassar sexual abuse scandal was\u2026 Partita No. 4 Johann Sebastian Bach News MSU: Westerman Violated Policy Scott Pohl, August 27, 2018 The former leader of the Michigan State University Alumni Association, Scott Westerman, violated MSU\u2019s misconduct policy prior to his departure earlier\u2026 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 Directions and Map Employment Privacy Policy Notice of Nondiscrimination Public File Applications Education Sees Increase In Sexual Misconduct Reports Associated Press, September 27, 2018 Records show that Michigan State University has seen an increase in reports of sexual misconduct and officials are taking longer to investigate those\u2026 Partita No. 4 Johann Sebastian Bach"} |
7,580 | Thomas Stamey | Stanford University | [
"7580_101.pdf",
"7580_102.pdf",
"7580_101.pdf",
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] | {"7580_101.pdf": "Publication Date: Friday Apr 28, 1995 STANFORD: University settles sex claims One professor retires, a second is demoted Stanford University has settled two sexual harassment claims by demoting one faculty member and forcing a second into retirement, according to Stanford News Service. Both claims involved the School of Medicine, which was also involved in two high-profile sexual harassment cases several years ago, prompting Stanford to implement a new policy of investigating sexual harassment complaints and protecting such victims from faculty retaliation. Dr. Thomas Stamey has been removed from his position as chairman of the Department of Urology and has taken a permanent reduction in pay, in addition to contributing financially to the woman staff member who accused him of harassment. Stamey agreed to the settlement but denied he had harassed the woman. In the second case, Dr. Seymour Levine has retired from his position in the Department of Psychiatry and Behavioral Sciences. Levine was accused of harassment in 1993 by Helen Bae, a research assistant, who filed a claim with the university and a lawsuit. Both have been settled. The financial settlement in the Levine case was not disclosed. Stanford President Gerhard Casper had earlier sent Levine a letter of censure. Dr. Robert Cutler, an associate dean at the medical school, said Monday that he was pleased the cases had been settled. \"This sends a message about how seriously Stanford takes sexual harassment,\" Cutler said. Stanford came under scrutiny when Dr. Frances Conley, a neurosurgeon, accused a departmental colleague in 1991 of a pattern of sexual harassment over the years. That case prompted the formation of a new university policy on sexual harassment in 1993. Dr. David Korn, the dean of the medical school at the time, said he was frustrated because it was difficult to change attitudes within the medical school. In his letter of censure to Levine, Casper wrote am persuaded that you repeatedly hugged, kissed or touched Ms. Bae without her consent or encouragement.\" The civil suit filed against Levine by Bae has been settled as part of the agreement. \"Allegations of sexual harassment require careful, thorough and responsible investigation, and such investigations take time,\" Casper said in a statement. \"The full record and any sanctions must be weighed carefully.\" --Don Kazak \u001a Back up to the Table of Contents Page", "7580_102.pdf": "17m ago new Vegas Strip megaresort is mired in controversy. One stay shows why By Bill Workman, Chronicle Peninsula Bureau April 22, 1995 At Stanford, 2 Disciplined for Harassment / Separate cases against professors at medical school One Stanford University Medical School professor has been ousted as chairman of his department and another has been forced into retirement in separate sexual harassment cases at the school, The Chronicle has learned. Dr. Thomas Stamey, Stanford's chief of urology surgery and a well-known prostate cancer researcher, was quietly removed as head of the urology department earlier this month by Stanford President Gerhard Casper in the latest in a series of sexual harassment cases that have plagued the medical school in recent years. Casper also said that Stamey's salary has been reduced. Newsletters Sign in In addition, Stamey has agreed to contribute to the university's financial settlement with an unnamed woman staff member who brought the complaint against the professor, according to an article scheduled to be published Wednesday in Stanford's Campus Report, the university's employee publication. Stamey denies that he engaged in sexual harassment, according to the article. More For You Stanford Abruptly Ousts Surgery Department Chief prepublication copy of the article was obtained yesterday by The Chronicle. In the article, Casper will also announce the settlement of a civil lawsuit filed several months ago in Santa Clara County Superior Court against psychiatry professor Seymour Levine by his former research assistant, Helen Bae. Stanford officials declined to comment on the cases, and neither Stamey nor Levine could be reached for comment. The terms of the settlements were not disclosed in either of the harassment disputes. Levine, who in recent years has been a target of animal rights groups for his experiments on monkeys, took an unannounced retirement early this month. His laboratory is expected to be closed by the university. April 22, 1995 Bill Workman, Chronicle Peninsula Bureau At one time or another, Levine's experiments involved separating baby monkeys from their mothers as well as placing their cages next to a caged boa constrictor to test their hormonal stress levels. Both Stamey and Levine were sent letters of censure by Casper, who two years ago initiated a new university policy to set up improved procedures for investigating sexual harassment complaints. The policy grew out of controversy over sexual harassment at the medical center that burst into prominence four years ago when Dr. Frances Conley, the nation's first woman neurosurgeon, quit her Stanford post to protest what she said was an atmosphere of acceptance toward sexism and harassment. Conley later returned to Stanford. But her allegations were followed by a number of charges by female students and medical center employees against other doctors and led to the establishment of gender sensitivity training programs for physicians. Let's Play Typeshift Really Bad Chess Flipart Cross|word Top About Contact Services Quick Links \u00a9 2025 Hearst Communications, Inc. Terms of Use Privacy Notice Notice at Collection Your Privacy Rights (Shine the Light Industry Opt Out Your Privacy Choices (Opt Out of Sale/Targeted Ads)"} |
7,258 | Charles B. Darke | California State University - Fullerton | [
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] | {"7258_101.pdf": "", "7258_102.pdf": ""} |
7,454 | Jackie Conrad | New York Institute of Technology | [] | {} |
7,358 | Karle Erickson | Gustavus Adolphus College | [
"7358_101.pdf",
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7,855 | Gary Schlappal | University of Wisconsin – Milwaukee | [
"7855_101.pdf",
"7855_102.pdf",
"7855_101.pdf",
"7855_102.pdf"
] | {"7855_101.pdf": "Profs, Staff Accused of Sexual Assault & Harassment But Details Hidden Posted on December 31, 2017 by Talis Shelbourne, Jennifer Rick and Miela Fetaw Thirty-seven professors and other staff members at the University of Wisconsin-Milwaukee were accused of sexual assault and sexual harassment in the past five years, but, despite the national attention on \u201csilence breakers,\u201d little is known about the complaints because the university has yet to comply with an open records request seeking details, a Media Milwaukee investigation has found. The university has also not fulfilled an open records request seeking the amount of financial settlements made in such cases over the past 20 years (Update: On January 17, 2018, more than two weeks after this story ran, the university responded to the open records request, saying, \u201cWe have confirmed that the only sexual assault/harassment settlement from 2004 to present is the one (the UW) System reported. It was in 2010 for $10,000. The respondent no longer works at UWM.\u201d). Eight of the cases were sexual assault accusations involving everyone from professors to other staff members, including a lecturer and an advisor, according to university documents obtained through an open records request. Three more involved discrimination-related claims. The document provides the outcomes of each case \u2013 the university sided with the accused almost 70 percent of the time \u2013 but not names or details, including whether the complainants were students or other staff. Older records are scattered throughout multiple files in an \u201cequity and diversity\u201d office plagued by high turnover, so, despite a request asking for aggregate numbers spanning the past 20 years only provided the last five without incurring extensive cost. Year Respondent Classification Respondent Allegation Finding 2013 Staff Supervisor Sexual harassment No violation 2013 Faculty Professor Discrimination No violation 2013 Staff Supervisor Sexual harassment No violation 2013 Faculty Assoc Prof Discrimination No violation 2013 Faculty Assoc Prof Sexual assault Unknown 2013 Student Employee Teaching Asst Sexual harassment Violation 2014 Student Employee Teaching Asst Sexual harassment No violation 2014 Instructional Staff Lecturer Sexual assault Violation 2014 Staff Advisor* Sexual harassment Violation 2014 Instructional Staff Visiting Instructor Sexual harassment No violation 2014 Staff Advisor* Sexual harassment Violation 2014 Staff Advisor* Sexual assault/harassment Violation 2014 Limited Appointee Supervisor Sexual harassment No violation 2014 Student Employee Supervisor Sexual harassment Violation 2014 Student Employee Supervisor Sexual harassment No violation 2014 Instructional Staff Lecturer Sexual harassment No 2014 Faculty Assoc Prof Sexual Harassment No violation 2014 Faculty Professor Discrimination No violation 2014 Instructional Staff Lecturer Sexual harassment Violation 2014 Staff Supervisor Sexual harassment No violation 2015 Faculty Assoc Prof Sexual harassment No violation 2015 Staff Supervisor Sexual harassment No violation 2015 Staff Supervisor Sexual harassment No violation 2015 Staff Supervisor Sexual harassment No violation 2015 Staff Supervisor Sexual harassment No violation 2015 Staff Supervisor Sexual Harassment No violation 2015 Staff Supervisor Sexual harassment No violation 2016 Instructional Staff Adj Prof Sexual harassment No violation 2016 Faculty Assoc Prof Sexual harassment No violation 2016 Staff Supervisor Sexual harassment No violation 2016 Staff Supervisor Sexual harassment Violation 2016 Faculty Assoc Prof Sexual assault No violation 2016 Instructional Staff Adj Prof Sexual harassment No violation 2016 Staff** Staff Sexual assault No violation 2016 Student Employee Student Employee Sexual harassment Violation 2017 Staff** Staff Sexual assault Violation 2017 Instructional Staff Lecturer Sexual harassment No violation 2017 Faculty Asst Prof Sexual harassment Violation 2017 Staff*** Supervisor Sexual assault/harassment Pending Download this 1 / 1 team of student journalists for Media Milwaukee filed multiple open records requests, researched past cases, attended campus meetings, and contacted people accused of past sexual harassment and hostile work environment cases who remain on campus. Multiple requests are still pending. Media Milwaukee will report on further developments as they come in. In a series of open records requests filed in November and December, Media Milwaukee asked for all sexual harassment complaints against professors and other staff from 2015 to present and all sexual assault complaints against professors and staff from 2013 to present, including the decisions; for the aggregate numbers of complaints in the past 20 years; for the amount of money has paid to settle such cases in the past 20 years; and for complaints lodged against two specific professors. Other than the partial aggregate numbers has not yet fulfilled any of those other requests. Media Milwaukee first made the request to see some \u2013 a smaller amount \u2013 of the complaints Nov. 15 and for the monetary settlement amounts on Nov. 27. (Update: After Fox 6 reported on this Media Milwaukee story, the university released a statement to the television station that confirmed the numbers. When a Media Milwaukee student journalist asked UWM\u2019s contact, Michelle Johnson, for the same statement, she would not provide it and instead asked Media Milwaukee to send her questions. The statement says, in part, that, in most of the 11 cases with violations, the people accused were terminated and/or the people accused have left the university. The student journalists asked in a November open records request for the outcomes of the cases but were not provided the termination information at that time, although they were given a chart that listed violation or no violation. The student journalists then asked for the termination information, which was provided after this story was published. You can see the new chart here. You can read the university\u2019s statement here.) \u201cIt all sucks,\u201d said Christine Ruh, a student who accused a professor of sexual harassment and unsuccessfully sued him in district court several decades ago lost everything ever owned.\u201d Today that professor, who admits he had a relationship with the student, holds the honorary distinction of \u201cemeritus professor.\u201d In the aftermath of her denied suit, Ruh lost funding and faith in the university, eventually dropping out of school. \u201cAll these people are online talking about how they can\u2019t understand why people don\u2019t come forward,\u201d she said bitterly. \u201cThis is why. This is dangerous.\u201d That position stands in sharp contrast to the beliefs of at least one professor accused of sexual harassment years ago, Jane Gallop, now a distinguished professor on campus, who told Media Milwaukee believe that the possibility of professor-student relationships is good. It\u2019s probably ill-advised that a 19-year-old should date anyone two-15 years older than them, but, sometimes, it works campus. Photo by Media Milwaukee staff. As sexual harassment exploded into a national conversation again following the Harvey Weinstein allegations, the university is in the process of considering banning consensual relationships between professors and students under their power (and bosses and subordinates), Media Milwaukee found. This move comes at the behest of the System Board of Regents, but a key faculty committee sent the policy change back for more debate this winter after discussing such questions as the definition of power. For decades, UWM\u2019s policy has not strictly prohibited consensual relationships between students and professors and bosses and subordinates, saying the university \u201ccannot regulate such personal decisions,\u201d although the person in authority was supposed to report the relationship to a supervisor and remove the conflict of interest. Asked in an open records request how many such self- reports were made in the last 20 years, the university said it did not keep track because the reports are in the individual personnel files. The new policy, if approved, would bring in line with the System\u2019s policy, which reads, \u201cIt is the policy of the University of Wisconsin System Board of Regents that consensual relationships that might be appropriate in other circumstances are not appropriate when they occur between (1) an employee of the university and a student over whom the employee has or potentially will have supervisory, advisory, evaluative, or other authority or influence, or (2) an employee of the university and another employee over whom the employee has or potentially will have supervisory, advisory, evaluative, or other authority or influence VIOLENCE) No: S-47 Date: October 2017September 2016 (revised) (Revised May 1988, May 1998, December 2002, February 2006, May 2012, September 2016)) (Editorially revised March 2013 riginal: January 1982) Authority: Titles and of the Americans with Disabilities Act of 1990 Age Discrimination in Employment Act of 1967, (29 U.S.C. Sec. 621-634) Age Discrimination Act of 1975, (42 U.S.C. Sections 6101-6107) Titles and of the Civil Rights Act of 1964, 42 U.S.C. \u00a72000d et seq. and \u00a72000e et seq. Title of the Education Amendments of 1972, 20 U.S.C. \u00a71681 et seq. Title of the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. \u00a72000, et seq. Violence Against Women Reauthorization Act of 2013 (Reauthorizes Violence Against Women Act of 1994) Wisconsin Fair Employment Act, Wis. Stat. \u00a7111.31 et seq. Wis. Stat. \u00a736.12 (re Student Discrimination) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq System Board of Regents Policy 14-2: Sexual Violence and Sexual Harassment Policy Statement and Implementation System Board of Regents Policy 14-3: Equal Opportunities in Education System Board of Regents Policy 14-6: Discrimination, Harassment, and RetaliationRacist and Other Discriminatory Conduct Policy System Board of Regents Policy 14-7: Implementation of Statute on Discrimination Against Students System Board of Regents Policy 14-8: Consensual Relationships Policy System Board of Regents Policy 14-9: Discriminatory Harassment System Board of Regents Policy 14-10: Nondiscrimination on Basis of Disability lt t 1605 Download this 1 / 16 Although a separate policy would deal with sexual harassment at UWM, the System\u2019s consensual relationship policy notes, \u201cEven where negative consequences to the participants do not result, such relationships create an environment charged with potential or perceived conflicts of interest and possible use of academic or supervisory leverage to maintain or promote the relationship feel uneasy about the policy being changed,\u201d Student Association President Emily Kuester told Media Milwaukee want to know why it\u2019s changing and where this is coming from.\u201d Kuester believes students should have a role in these changes and conversations think that any issue that involves students should have students at the table,\u201d Kuester said. \u201cSometimes we get left out of important conversations, even when we are directly affected.\u201d Accusation, then promotion Jane Gallop. Photo by Talis Shelbourne. The Media Milwaukee investigation found that several professors accused of sexual harassment and hostile work environment in notorious cases from the 1990s have graduated to positions of power and honor at UWM, including one, Gallop, who openly advocated for student/professor relationships, once joking that her \u201csexual preference is graduate students.\u201d (For a more detailed feature story on Gallop and another case, click here.) In 1997, an article in Times Higher Education on her began, \u201cCan a feminist professor sexually harass her female students? No, says Jane Gallop, who argues that harassment applies only to men and that, in her experience, consensual teacher-student sex is no bad thing.\u201d Today, in a 2017 interview with Media Milwaukee, Gallop says, \u201cThe way to deal with it is not to outlaw it. I\u2019m concerned when [administrators] treat students like protected classes, like children.\u201d The university\u2019s website lauds her as \u201ca brilliant feminist theorist whose work has received national and international recognition.\u201d Gallop remains in charge of advising graduate students like the one she once kissed in public, overseeing their annual admissions, making policy changes and acting as the official \u201cmain point of contact,\u201d according to a description of her job duties. Her English Department chair, Gregory Jay, told Media Milwaukee cannot comment on confidential personnel matters regarding employees can say that Dr. Gallop is an outstanding administrator and internationally respected scholar. She holds the position of Distinguished Professor at UWM, the highest faculty title on our campus.\u201d Another prominent professor, Stan Stojkovic, is now an oft- quoted dean of UWM\u2019s Helen Bader School of Welfare who acknowledged in a December 2017 videotaped interview Stan Stojkovic file photo from UWM. with Media Milwaukee that he once had a relationship with a student who wasn\u2019t in his class years ago. He criticizes the university for what he says was a lack of due process when he was accused of a hostile work environment in the 1990s and, he says, exonerated after a lengthy process that initially involved discipline. That case involved fellow professors, not the student. Stojkovic blamed an alleged inadequate investigator and, in a letter published in a book, alleged that university officials were \u201cmore interested in promoting an image of being sensitive to the demands of feminists on campus, many of whom could not discern fact from fiction due to their narrow ideological viewpoints.\u201d The details of those cases were thrust into the news back then as the country was roiled by the Anita Hill and Clarence Thomas hearings. During that era, an investigative audit was launched by Assemblywoman Barbara Notestein (who said \u201csomething was rotten at UWM\u201d), and an investigation conducted by the U.S. Department of Labor discovered that the university exhibited a pattern and practice of discrimination against women. However, it\u2019s impossible to review how the university has changed \u2013 if at all \u2013 because the details now remain hidden, at least for now. That stands in contrast to an era decades ago in which professors, like Gallop, whipped off books and letters about their situations. Hers was called \u201cFeminist Accused of Sexual Harassment.\u201d The blurb for her book on Amazon reads, \u201cGallop makes a case for the intertwining of learning and pleasure. Refusing to acquiesce to an imperative of silence that surrounds such issues, Gallop acknowledges\u2014and describes\u2014her experiences with the eroticism of learning and teaching.\u201d What\u2019s interesting is how hard it is to find out any details about more recent cases, even when they involve accusations of sexual assault and involve a university that pledged to change after federal scrutiny. Media Milwaukee journalists have also been involved in a two-month long open records battle for the police reports against another high-ranking professor who is a leader on campus. The official, whom Media Milwaukee has decided not to name at this time, was investigated by the Milwaukee Police Department in 2009, and, while the confirmed the investigation was into a sexual assault accusation, they also refused to release the police reports. For eight years, student journalists for two campus publications have tried \u2013 to no avail \u2013 to learn more about these accusations because the professor has remained in a position of power over students, and, in fact, holds a position of power that today gives him involvement in the recent sexual harassment/consensual relationship policy change. In 2009, after receiving a request from the Post, MPD\u2019s then Deputy Inspector Mary Hoerig cited the lack of an arrest and prosecution as the reason for refusing to release the police report, labeling the accusations \u201cunfounded, uncharged allegations of a sensitive nature would not explain why the case was deemed unfounded and not charged, however portion of the response to Media Milwaukee\u2019s open records request. In 2017, the police department\u2019s rationale for withholding the information shifted when Media Milwaukee made a new request Police Sergeant Vickie Gagliano now grounded its refusal on a need to protect the \u201cvictim,\u201d writing have determined that the public disclosure of the responsive sexual assault records would constitute an invasion of the right of privacy of the victim or the victim\u2019s family members, and would cause further emotional and mental distress, as well as representing a potential outrage to the community\u2019s notion of decency.\u201d That\u2019s despite the fact Media Milwaukee agreed to accept reports with the accuser\u2019s name and identifying information redacted. That\u2019s also despite the fact that, when the Milwaukee Journal Sentinel sued the same department in 2009, seeking, in part, \u201cincident reports for all sexual assaults during the 2009 calendar year,\u201d the state Supreme Court ruled that \u201cthere is no dispute that the records requested fall within the statutory definition of a record to be released,\u201d adding, \u201cWisconsin\u2019s commitment to open, transparent government rings loud and clear in the Public Records Law. The Law reaffirms that the people have not only the opportunity but also the right to know what the government is doing and to monitor the government.\u201d (That 2012 decision revolved around redaction costs has released sexual assault reports in closed cases to Media Milwaukee in the past involving students, resulting in this award-winning story.) The professor has refused to address the accusations, and said that he\u2019s \u201cnot at liberty\u201d to speak on them, refusing to confirm or deny them. However, within the same time frame, the professor\u2019s lawyer, prominent criminal attorney Bob LeBell, called to demand information regarding sources, telling the investigating student journalist that her inquiry could be \u201ca problem for you.\u201d Media Milwaukee has also requested all complaints against the professor from UWM, a request that\u2019s pending. \u201cIf you want to play cat and mouse, you do that. If you think you\u2019re somehow involved in the media\u2026\u201d LeBell told the student journalist, claiming that her questions to the professor amounted to a \u201cthreat,\u201d and adding, \u201cand that\u2019s a problem for you.\u201d He said, \u201cYou either talk to me or we will find out who you work for, we will find out the agency that you work for\u2026\u201d The student journalist had identified herself as a student journalist with Media Milwaukee in writing to the professor in question before the LeBell call, and she asked the professor about the accusations in detail and whether they were true or false. Media Milwaukee has been corresponding with the official\u2019s lawyer and examining its recourse under open records laws and will continue to pursue this complaint until the police report and/or university open records requests are fulfilled. At that point, Media Milwaukee may reconsider its decision to withhold the professor\u2019s name. The university\u2019s open records custodian, Julie Kipp, said it\u2019s possible that state law may require that the accused be given the chance to block the release of the details of the sexual harassment and assault complaints that holds in court, shielding the complaints from the public eye, at least for now. She also said the student journalists might not be able to get the actual notices sent out to the accused, meaning that student journalists might never learn which staff members are being given the chance to seek such hearings. That\u2019s the result of the controversial Woznicki Law, which gives some public employees the chance to go to court to keep their personnel records secret. Of course, this means students won\u2019t always know when they\u2019ve chosen to learn from or mentor under a faculty member accused of sexual misconduct, unless judges release the reports, that is. In a response to a request asking for complaints and findings, Kipp said that \u201cthere will be some notices that need to go out to the subjects of these records.\u201d She has not yet formally made that decision, though, as she still needs to review the complaints. Pace of Exoneration Up The open records request on numbers that was fulfilled by does show that the number of sexual harassment and assault complaints has declined since 2014. There are about 4,000 professors, academic staff, classified staff and grad assistants at news story from the early 1990s indicates the numbers were somewhat higher per year back then. The university, which stresses that it has made strides in the handling of such complaints, sided with more accused during the time frame studied. Out of the 35 sexual harassment and sexual assault complaints that were investigated and closed since 2013, 69 percent were deemed to be of \u201cno violation\u201d by the university. The pace of exoneration has escalated in recent years. In 2015, every case was stamped \u201cno violation.\u201d In the 18 most recent cases, 14 were deemed \u201cno violation.\u201d It\u2019s not clear what discipline resulted in the cases where wrongdoing was found because the university did not provide it (Update: the information on terminations, which you can read earlier in this story, was provided after this story ran). The Equity and Diversity office makes the first investigative finding, but the final decision is left with Provost Johannes Britz. Media Milwaukee is seeking sit down interviews with Britz and Chancellor Mone, a process that slowed because of the holidays. (Update, after this story ran, Britz sat down with the students. You can read his comments here. Mone released a written statement to the campus on the topic but declined an interview with a Provost Johannes Britz file photo. Media Milwaukee student journalist. You can read that story here.) In the current era of \u201c#metoo,\u201d it\u2019s impossible to tell whether present-day calls for a national conversation on sexual harassment will actually result in a change in culture at the university or merely more conversation. And it\u2019s hard for the conversation to start when you can\u2019t find out the details and person-after- person clams up and won\u2019t go on the record. Billie Dziech is a University of Cincinnati professor of English and Comparative Literature who has occasionally lent her expertise on professor-student relationships to cases around the country. Of professor-student relationships, she said the necessities of the proposed new consensual relationship policy are numerous. \u201cNumber one think it\u2019s (professor-student relationships) a bad idea because there\u2019s a power issue involved,\u201d she said. \u201cSecondly, students who do get involved in these relationships make decisions very quickly without thinking them through, especially if they\u2019re very young. Third think we have to remember that it\u2019s not only professors who have power over students, but it\u2019s also [their] friends and students can\u2019t know that. [And think we also need to think about the other kids who sit in the classroom.\u201d As Ruh, the graduate student who filed a lawsuit for sexual harassment against then-Art Department Chair Stephen Samerjan years ago, put it, \u201cYou\u2019re being conned; anybody who signs up for higher education and [puts] all this money into it is being conned. They\u2019re passing people around higher education in the country [and] the women in higher education are losing all their brain power. All of this knowledge is being drained out of our society because of people\u2019s lives being taken away. And it\u2019s horrible.\u201d The emeritus status the retired Samerjan now holds is an honor exclusively granted to those who demonstrate \u201csustained excellence in past contributions to the university,\u201d according to university guidelines. The university argues that things are getting better, apparently in recent years at least. More effort has been made to track complaints of sexual harassment and assault involving university employees, according to the Office of Equity and Diversity Services. In the past, the priority of the office was to investigate allegations within a certain time frame. Former Interim and now current Director Nelida Cortes says she began compiling a more centralized document containing sexual harassment and assault complaints against university employees when she became director in 2015. Before that, the office had been extremely understaffed for about 10 years. The Office of Equity and Diversity has seen multiple different interim directors since 2011. Cortes says she doesn\u2019t think relationships between grad students and their advisors are all that unusual, especially given their close working environment. For context, here is the number of staff members at broken down by category, from recent years chart. Cortes says that UWM\u2019s current discriminatory policy that covers consensual relationships and sexual harassment isn\u2019t unusual. She says that she doesn\u2019t know of any universities in the System with policies that are more strict than UWM\u2019s. \u201cThe university does not want to keep people apart who want to be together,\u201d said Cortes in an interview. \u201cThe main concern here is married couples.\u201d \u201cAs far as relationships between grad students and professors, anecdotally I\u2019ve seen it,\u201d says Cortes. \u201cIt does happen.\u201d Cortes noted that she didn\u2019t have any specific examples of these type of relationships at UWM. The current national climate is causing changes in industries across the country. While universities and companies may operate in different contexts, their responsibilities are similar. According to Astar Herndon, Nelida Cortes file photo. Wisconsin State Director of 9to5, universities can actually be considered as a company. 9to5 is a national organization which helps to bring awareness to women\u2019s issues. Another 9to5 representative details the policies typical at companies. \u201cIt depends on the company size,\u201d says 9to5\u2019s National Communications Coordinator Casie Yoder. \u201cLarger companies will prohibit relationships between direct chain of command.\u201d Yoder says that federal sexual harassment laws allow companies who employ less than 15 people to fire an individual who complains about sexual harassment. Herndon says that many laws at institutions do not properly account for power dynamics. \u201cFrom an advocate perspective,\u201d says Herndon, \u201cour laws are old and antiquated. There needs to be updates.\u201d \u201cThere\u2019s no way to put power back in the student\u2019s hand for this to be a healthy relationship,\u201d Herndon continued. \u201cThe system of it seems to cushion the person in power and is not really a protection of the more vulnerable party, who is generally a student and a woman.\u201d Slate Magazine recently completed an investigative report looking at different university policies on the question across the country and found that there is \u201cmuch debate over the propriety of professor\u00ad\u2013grad student sex\u201d but \u201cmost university handbooks\u2026include statements that submit consensual relationships with any \u2018power differential\u2019 to stricter scrutiny than those between peers and explicitly forbid sexual relationships between professors and the students they directly teach or advise literary shock artist Gallop, the literary shock artist who once kissed a graduate advisee of hers in what she described as a \u201cbrazen and public\u201d manner, is probably the best known professor on the topic at UWM. She also claimed at an ensuing conference titled, \u201cFlaunting It\u201d to have a \u201csexual preference for graduate students\u201d in what she said was meant as a joke. Gallop has been a constant source of university melodrama, which shouldn\u2019t be a shock to anyone observing her work: she once wrote a literary piece titled, \u201cResisting Reasonableness\u201d and in her 1994 piece, \u201cSex and Sexism: Feminism and Harassment Policy,\u201d she used her preeminent feminist platform to claim that denying professors sexual access to their student would prevent them from being able to pedagogically engage on an in- depth, personal level. Jane Gallop in 2017. Photo by Talis Shelbourne Second-year Ph candidate Dana Beckelman was anything but a child when she made her claim of sexual harassment against Gallop for failing to grade her fairly after months of flirting and mixed messages, according to Lingua Franca. Gallop, in her 40s at the time, kissed the 30-year-old graduate student in a crowded bar with other students present. Gallop was found guilty of violating a consensual amorous relationship policy from the complaint Beckelman made. Another student also made a complaint against Gallop, yet hers was dismissed. Beckelman died at the age of 48 from heart failure. For Gallop, the two graduate students\u2019 claims were not fair think that they were actually trying to harm me,\u201d she said. In fact, Gallop said it would be pointless to ban such relationships because the ban would be unenforceable don\u2019t think a world exists where you can prevent all misunderstandings,\u201d she said. \u201cIt doesn\u2019t make sense to me to ban them. You can\u2019t make policies to protect people from ever making mistakes, which is different from being protected from predators.\u201d This statement from Gallop is perhaps a tacit acknowledgement that some professor-student relationships are in fact, mistakes. However, it\u2019s worth noting that the year 1992, two years after the first allegation and the same year in which she faced another, was the same year she was promoted to distinguished professor. Samerjan, who was the former Art Department Chair from \u201889-\u201990, took a different position think it\u2019s a good thing that the current policy has been clarified,\u201d he said, of the efforts by the System to do so. Samerjan had a lengthy and public legal fight over the romantic relationship he had with Ruh, a student in his class. Ruh alleged the relationship became harassing and emotionally distressing once it ended. Samerjan merely noted that he accepted his discipline from the university without resistance. Samerjan, a chair in UWM\u2019s Fine Arts program at the time, stepped down from his position and served a suspension following Ruh\u2019s allegations of sexual harassment. \u201cWhen went to school, there were uncertainties; [it was] during the \u201960s was a product of a generation for which didn\u2019t grow up with the clarity,\u201d the former chair said. Samerjan acknowledged having had a \u201cconsensual\u201d sexual relationship with Ruh, but with the new proposed policy said, \u201cYou moot the issue of consensuality and go more directly to the point of power differential.\u201d Samerjan explicitly explained that his biggest issue with existing policies that are currently on record is their level of ambiguity regarding definitions of harassment, conflicts of interest. For him, the change would remove those ambiguities don\u2019t think it lends itself to much wiggle room,\u201d he said, \u201c[and] it puts everyone on the record.\u201d During the \u201880s and \u201890s, UWM\u2019s record portrayed a university struggling to provide a safe and fair work environment for female faculty. According to the Associated Press, Professor Ceil Pillsbury received $126,000 in back pay and expenses in 1993 after the University of Wisconsin-Milwaukee denied her tenure. Her award and case, which sparked a national furor at the time, came in the same year that another faculty member, Associate Professor Gary Schlappal, hired in 1987, was accused of inappropriate sexual misconduct; the allegations included that he had sex with a student in his office multiple times and also had sex with a student while a kiln overheated, all reported in a Journal Sentinel article written by Tom Vanden Brook. He was also charged for another alleged comment about one of his pottery students had her in a motel room for a month with nothing but a bare bulb swinging over us and she still doesn\u2019t get it.\u201d Eventually, Schlappal was fired by the Board of Regents in 1993. Thoughts on due process Originally from Milwaukee, Stan Stojkovic has been the Dean of the Helen Bader School of Social Welfare for nearly 14 years. He has worked at for 34 years, traveling throughout the world studying the prison industry and providing media with a source of criminal justice expertise. Stojkovic was an associate professor when he was the subject of an investigation in 1992, during which he and two of his male colleagues were accused of helping to create a hostile work environment for women at UWM\u2019s Department of Criminal Justice. (Update: University provided further information after the story ran, saying, \u201cThe case involving Stan included no sexual harassment allegations against anyone. The case revolved around a hostile work environment where two female faculty members felt they were being discriminated against because of their sex, but the main issue was the denial of tenure of one of the men.\u201d Media Milwaukee also notes the following Milwaukee Journal Sentinel article on Jan. 11, 1994 by Michael Zahn reported, \u201cThree professors at the University of Wisconsin- Milwaukee who were accused of sexual harassment have been told that their appeal must be to a faculty committee, not to the courts. Milwaukee County Circuit Judge John E. McCormick on Monday dismissed a lawsuit filed against by professor Carl Pope and associate professors Stan Stojkovic and Rickie Lovell, all of the criminal justice department of the School of Social Welfare. Two associate professors in the same department, Ellen Steury and Nancy Frank, have accused the men of sexual harassment, which they vehemently deny letter from Stojkovic was published in a book. He wrote, in part, \u201cTherefore to be labeled a sexual harasser was personally devastating and in contrast to all my actions which have been to assist both men and women in my chosen academic field.\u201d He also wrote, \u201cFor campus feminists was a means to send a message to potential sexual harassers and to advance a political agenda to make the campus a gender-sensitive place.\u201d According to Stojkovic, \u201cThe initial allegation was a 40-page complaint that tied together a series of events over 20 years. Things like, and there was no sex want to make this very clear. There was no allegation. Nobody had sexual relations with anybody. There was no allegation of that. It\u2019s not like what you hear out there now. The only allegation that was sexually of nature was someone, she claimed that someone had thrown a book of sexual relations on her doorstep. When the lawyer asked her to produce the book, she couldn\u2019t produce the book. It had been thrown out. It didn\u2019t even have a Library of Congress number.\u201d He added that the accusations claimed \u201cthat the environment in the criminal justice department in the school of social welfare was hostile towards women, a gender discrimination environment.\u201d ) Media Milwaukee filed an open records request before this story seeking complaints and decisions against Stojkovic to gain additional details. It has yet to be fulfilled. The book Heterophobia: Sexual Harassment and the Future of Feminism provides some details of the allegations that swirled at the time. One of the female professor accusers had alleged that she had a repressed memory of a male colleague \u2013 the book doesn\u2019t specify which one \u2013 leaving a pornographic book with a protagonist that had her same name. The book says the charges were eventually dropped and also involved tenure issues. Stojkovic said that then-Affirmative Action Officer Eleanor Miller was called in to investigate the department and found that Stojkovic and the other two male professors named in the complaint were more likely to be guilty than not. Download this 1 / 1 Miller, who now works in another state, declined to comment to Media Milwaukee, writing have nothing to say. Sorry Professor of Urban Planning Nancy Frank used to work in the criminal justice department and was one of the complainants. While she, too, declined to comment, Frank had this to write to Media Milwaukee am not interested in talking about the allegations relating to criminal justice faculty will only say that Professor Stojkovic was not at the center of the problems at that time \u2014nor was I. The central figures in that situation have moved on and are no longer at and no longer employed.\u201d As a result, Stojkovic\u2019s reprimand came in the form of a letter in his file, although he said that Miller was not trained to conduct such investigations and a hearing was never held to ascertain his guilt. He also says that, in the end, he was exonerated. (After this story ran, university provided the following additional information: \u201cThe dean at the time (James Blackburn) was cleared of any wrong doing, but the three professors were still given letters of reprimand, which were later rescinded after the hearing 2.5 years later.\u201d The student journalists had asked the university before the story ran for the findings and were told it would take location costs to pay for an estimated three days of work to find them.) \u201cAt the end of the day, things ended the way they did,\u201d Stojkovic said. \u201cWe were vindicated and exonerated. The university told us they were not interested in pursuing this through independent means\u2026 They wanted it to go away so it went away.\u201d He admitted that Miller was put in a difficult position and said he felt that the environment at the time was heavily influenced by national cases, such as the Hill-Thomas case and UWM\u2019s own swirl of controversy around figures like Samerjan and Gallop. Consequently, he fought for the hearing mentioned in this Faculty Rights and Responsibilities Committee report submitted in 1994, two years after the allegations. \u201cThe minutes were doctored,\u201d he said. \u201cAnd we proved that. It\u2019s why the hearing only lasted 20 minutes.\u201d Stojkovic and the others spent over $30,000 by his estimates, none of which was reimbursed. He never received an apology from the university (update: University said after the story ran that it was $50,000). He also said that, although he had a relationship with a student at the time, she refused to comment on the issue, was not in his class, and never filed a claim of sexual misconduct against him. \u201cWhere was the due process?\u201d Stojkovic asked. Media Milwaukee put in an open records request for all complaints and decisions against Stojkovic, and it is still pending. Following the investigation, Vice Chancellor Kenneth Watters initially cleared one of the professors and advised the other and Stojkovic to be more sensitive to the department\u2019s female faculty, according to an old Journal Sentinel article. However, the judge fined $2,240 for failing to promptly respond and give the three access to the materials related to their investigation, the article notes. Overall, the System in 1992 reported over 120 complaints of sexual harassment, according to the article. Pattern and practice During the 1990s, the U.S. Department of Labor investigated and discovered the \u201cpattern and practice\u201d of discrimination against its female employees. Two years later, the U.S. Justice Department launched its own investigation into how has handled sexual discrimination. In response, the Department of Labor threatened to withhold federal funding if appropriate settlements were not met with the female professors who left due to harassment and bias. Chapman Hall, where the chancellor works. Photo By Graham Kilmer. The System, UW-Milwaukee, and U.S. Labor Dept. developed a list of those professors and reached settlements, eliminating a scenario that threatened to put the entire System\u2019s funding at risk. However, the university found itself involved with the federal government again in 2016, when the U.S. Department of Education\u2019s Office for Civil Rights investigated for improperly handling a student\u2019s complaint of sexual assault. The contents of the complaint, as described in this Journal Sentinel article, alleged that the university created a sexually hostile environment for a student who reported her alleged sexual assault and did not receive a prompt and equitable response from the university. That case involves another student (the federal government has found insufficient evidence that the university discriminated against the complainant or subjected her to a hostile educational environment, the Milwaukee Journal Sentinel reports.) Sexual harassment is not a new subject in higher education. Blogs such as this one, \u201cWhat Is It Like to Be Woman in Philosophy?\u201d invite women to describe how they have been treated as students and professionals in the field of philosophy. In October, The New York Times\u2019 story about sexual harassment allegations against Hollywood mogul Harvey Weinstein launched an avalanche of exposes into the state of sexual harassment existing in national institutions and industries, including Hollywood, Congress, the and news organizations such as and Vice. The recent Media Milwaukee investigation comes on the heels of explosive new headlines exposing rampant sexual harassment in Hollywood, politics and the media industry few of the names include Roy Moore, Bill O\u2019Reilly, Al Franken, and Mark Halperin month later, the UW-Milwaukee Academic Staff and Faculty Senates took steps towards adopting the new sexual harassment policies, including revisions to the university\u2019s \u201cconsensual relationships\u201d policy. The Academic Staff Senate has passed it; the Faculty Senate has not yet done so, sending it back. The Academic Staff Senate passed the policy change. Photo by Jennifer Rick While the processes leading up to the changes began last year, the timing is exceptionally coincidental. UWM\u2019s current policy covering sexual harassment, known as S-47, is part of a larger discriminatory policy. This larger policy contains procedures for handling what it calls \u201camorous and/or sexual relationships,\u201d referring to relationships university employees have with other employees, and with students. According to the policy, UW- Photo by Jennifer Rick at the room where the Milwaukee believes \u201cthat it cannot regulate such personal decisions. Instead, it \u201cviews them with concern\u201d because of potential abuse of power and conflicts of interest. According to Cortes, now director of the Office of Equity and Diversity Services, the current policy follows Title requirements. Cortes says that the wording for such policies can vary from school to school, as long as it follows the law. To her knowledge, other universities do not have more strict policies than UWM. \u201cThe university recognizes that feelings might develop after a close working environment,\u201d said Cortes in an interview. \u201cThe goal of the policy is to make sure to eliminate the abuse of power free from coercion, force and pressure.\u201d Cortes said that the current policy makes sure that the superior party does not make decisions that affect the performance of the subordinate party don\u2019t think it\u2019s widespread,\u201d said Cortes, referencing the scope of consensual relationships between teachers and students on campus. The policy addresses the effects a power differential may have on this type of relationship. It acknowledges that employees with certain power over others in the community, such as influence on a subordinate or student financially or academically, can use this power to coerce the subordinate or Academic Staff Senate meeting is held. student into a relationship. It also outlaws consent as a defense in the case of a sexual harassment complaint, stating that the more powerful person would then assume all accountability. Cortes said that complaints of sexual harassment are always investigated, and conflicts of interest are removed right away if a consensual relationship is reported. There also needs to be a level of proof for the university to act, and relationships need to be reported right away in order to take the appropriate actions. However, the current policy maintains that the responsibility of reporting consensual relationships relies mostly on the more powerful party. The policy states: \u201cParticipants in such a relationship must act immediately to remove the conflict of interest. The person in the more powerful position in such a relationship shall notify in writing the relevant authority (Chair and Dean/Division Head) that appropriate action is being taken to remove the conflict of interest.\u201d These written notifications are then sealed and filed in the individual\u2019s personnel file. The notices are confidential, but \u201care available as evidence in the processing of possible related sexual harassment in the future,\u201d according to the policy. Herndon, Wisconsin State Director of 9to5, maintains that placing reporting responsibilities on the superior party, Photo by Jennifer Rick such as with a teacher who is in a relationship with a student, is still problematic. \u201cThe key piece [in sexual harassment] is sexual advancement, and very much one party has a little bit more protection,\u201d said Herndon. \u201cThere\u2019s no protection for that student, and it\u2019s up to the word of the superior to say that they are in the relationship. It seems to be a policy that could open university up to potential scrutiny to the end.\u201d After the change, there will be separate policies for consensual relationships and sexual harassment. The new sexual harassment policy, dubbed S-47.5, includes language from the original version of S-47, including definitions for consent, sexual harassment and sexual violence. The policy also rephrases UW-Milwaukee\u2019s stance on the subject, saying that consensual relationships between supervisory employees and subordinates and employees and students are \u201cinappropriate.\u201d It explicitly prohibits any relationships between employees and students under their instruction, or students who may possibly be under their instruction in the future. The only exception is if the relationship began before the student came under the employee\u2019s instruction. If this is the case, the employee must report their relationship to their superior. From there, the employee must also comply in steps taken to remove the conflict of interest students on campus. Photo by Media Milwaukee staff. The new policy is much more specific and definitive, clearly stating processes for handling consensual relationships and leaving less to interpretation than the previous policy. It also takes away some of the power from the superior party, placing more accountability on the employee. The responsibility of removing conflict of interest now lays more in the superior of the employee, rather the employee themselves. \u201cIt would make sense that they would take away that provision all together,\u201d says Herndon. We\u2019re going to see a lot of businesses adjusting policy, certain policies that they may recognize can open them up to more scrutiny about sexual harassment and violence in the workplace.\u201d The policy change coincides with a changing national climate surrounding sexual harassment. However, it has been in the works for some time, and it is unclear when the new policies will be enacted. According to Cortes, the change in policy is the result of an effort to synchronize the consensual relationship and sexual harassment policies at all System universities. Cortes says that System President Ray Cross put new requirements in place following a recommendation from a December 2016 report from the System Task Force on Sexual Violence and Harassment. At the Academic Staff Senate Meeting on Nov. 14, Joely Urdan stated that the changes were not coming from the Department of Education\u2019s decision to rescind Title requirements put in place by the Obama Administration. When such changes come from the DOE, the process takes years to create policy changes. \u201cCampuses are adopting uniform policy, with some tailoring to campuses,\u201d Urdan said at the meeting. \u201dThe processes and standard of proof will largely remain the same.\u201d While the Academic Staff Senate passed the provisions unanimously, the Faculty Senate sent the policies back for revisions. According to Faculty Senate Minutes from Nov. 16, the discussion revolved around \u201cinconsistencies between the policy and the current practice.\u201d \u201cAs understand it, we sent this back for revision because of concerns about potentially confusing terms of confidentiality in the policy,\u201d said Michael Newman in an email. Newman is the chair of the Department. Kristian O\u2019Connor, the University Committee Chair, said that the Policy Advisory Committee will review multiple changes made to S-47. These changes are the result of feedback from both the Academic Faculty Senate and the University Committee, which oversees the Faculty Senate. \u201cThe majority of those edits were to clean up some of the previously existing language to better clarify processes,\u201d said O\u2019Connor in an email. According to Cortes, the University Committee decided not to receive reports regarding sexual harassment and sexual assault cases involving university employees sometime in the past. Cortes said that this occurred before she started as director, so she was unaware as to why they voted to do so. Cortes said that revisions to the policy would mandate that these reports would now be sent to the University Committee. The revised policy will then be presented again to both the Staff Senate and Faculty Senate and if approved, will be sent to the Chancellor believe the coincidental timing of these documents up for review in the current national climate has been a very good thing,\u201d said O\u2019Connor. \u201cIt gave us a chance to re- examine our current practices to make sure they are thorough and appropriate.\u201d O\u2019Connor believes that the Faculty Senate\u2019s questions about the policy resulted in stronger language within the policy that clears up confusion during the process. Multiple members on both the Academic Staff and Faculty Senates were contacted but declined to go on record about their reactions to the policies. \u201cSince the previous draft was not fully approved and have not seen the new draft believe it would be inappropriate for me to comment at this time,\u201d Susan Cashin said in an email. Cashin is the Academic Staff Senate Chair. Representatives from 9to5 were more candid about their reactions. \u201cIt\u2019s definitely not a good idea for there to be any sort of physical or romantic relationships in the workplace,\u201d said Casie Yoder. \u201cIt gets complicated really quickly.\u201d When asked if the policy was surprising, Herndon laughed. \u201cNo, not at all,\u201d she said. \u201cWe lived in a country where Mad Men wasn\u2019t a joke, it was a real time. There was an idea that once you became 18, you became an adult, so having adult relationships was ok.\u201d \u201cWe know that sexual harassment is based off a power dynamic,\u201d she said. \u201cOne party has a little bit more protection.\u201d When asked if a subordinate could truly give consent in the presence of power differences, Cortes said she believed they could, citing the older age of grad students and the close working environment typical between student and advisor in that situation. Cortes is pleased with how the university currently handles these issues, and how they have been handling them since she came to the office was really impressed with the people at the table and the expertise from different backgrounds,\u201d said Cortes. \u201cGiven that we\u2019re a university that isn\u2019t always centralized and works with governance gotta tell you was impressed that we were already doing things when got here.\u201d According to Cortes, \u201cJanelle Ramsel had recently started as our Interim Title Coordinator began as the Interim Director of on October 1, 2015, and am now the Director of was previously the Interim Title Coordinator as well. Janelle now serves in that capacity. \u201d Before Cortes, the interim director was Jazmin Taylor. Taylor took over the position from Francene L. Botts- Butler, who began as the office\u2019s director in 2011. The tracked version of the change to S-47 can be found here System action The campus. Photo by Media Milwaukee staff. Separate Media Milwaukee journalists made attempts to contact System PR. One journalist filed a public records request via email, while another left a voicemail message requesting an official statement surrounding the System Task Force for Sexual Harassment and Sexual Violence System Director of Communications University Relations Stephanie Marquis sent identical email responses to both requests. \u201cWe want our campuses to be safe places to live, learn and work. The System has been implementing additional training and professional development, survivor resources, policy changes, outreach and partnership, and continual assessment of campus climate. Below are several examples,\u201d she said. \u201cSystemwide sexual violence and harassment training for all employees and students. Training will be primarily based online to help ensure it is accessible for everyone, and can be completed easily and timely. Training topics include healthy relationships, bystander intervention, and the Campus SaVE Act. With President Cross\u2019 prior approval, training for students is already underway.\u201d Marquis also noted: \u201cAll new students will complete training within the first six (6) weeks of the start of their first semester. Please note that supervisors, managers, directors, responsible employees, investigators, hearing examiners and panels, and campus police will receive further in-depth training based upon their higher-level responsibilities at each institution.\u201d Marquis added, \u201cDevelopment of a System website that connects victims of sexual violence or harassment with campus support services, such as counseling and medical assistance, reporting information, and other resources. It also serves as a clearinghouse for System policies, procedures and data, as well as state and federal laws, other reports, and research. You can also find information about the System Task Force on Sexual Violence and Harassment [also see December 6, 2016, press release announcing the recommendations new comprehensive Board of Regents\u2019 policy, which consolidates formerly separate sexual violence and harassment policies and will serve as a template to assist institutions in efficiently adopting consistent policies across the System.\u201d Media Milwaukee also submitted an open records request seeking the number of sexual harassment complaints for and UW-Madison, from the System. The student journalists have yet to be provided numbers. Editor\u2019s note: If anyone has any information that would be useful to this ongoing student investigation, you can contact the student reporters Talis Shelbourne, Jennifer Rick or Miela Fetaw at [email protected]. This project was written as part of 320 news reporting class through the Journalism, Advertising, and Media Studies Department at UW-Milwaukee. This article was updated after publication to include the university\u2019s response to Fox 6, to include links to new stories on Britz\u2019 interview and the chancellor declining one, which came after the story ran; the correct current title of Cortes, of Stojkovic at the time of the accusation against him, and spelling of Cashin\u2019s name, and the fact that the embedded chart the university provided shows five years of complaints and that terminations were the outcomes not provided before the story ran. Other details provided by university after the story ran and on the Stojkovic case were also added into the story as a result of Media Milwaukee\u2019s belief that providing the community with the fullest information possible is in its best interest. Talis Shelbourne Jennifer Rick Miela Fetaw Posted in News, Top Stories Previous: Milwaukee Homicide Defendant Called \u2018Lying Devil in Disguise\u2019 Next System Only Knew of One UW-Milwaukee Sexual Harassment Case Media Milwaukee | Student-Powered News at UW-Milwaukee | Privacy Policy", "7855_102.pdf": "of the Madison, Wisconsin Held in Room 1820 Van Hise Hall Friday, February 5, 1993 9:00 a.m. - President Steil presiding - PRESENT: Regents Barry, Budzinski, Davis, Dreyfus, Flores, Gelatt, Grebe, Gundersen, Hirsch, Krutsch, Lubar, Nicholas, Schilling and Steil ABSENT: Regents Grover, Hempel and Lyon Approval of Minutes Upon motion by Regent Dreyfus, seconded by Regent Schilling, the minutes of the December 11, 1992, meeting of the Board of Regents were unanimously approved as distributed Resolution of Commendation: Donna E. Shalala Regent President Steil presented Resolution 6311, which was unanimously adopted by the Board with a standing ovation, upon motion by Regent Dreyfus, seconded by Regent Gundersen. Resolution 6311: Whereas, Donna Shalala has served with distinction as chancellor of the University of Wisconsin- Madison for 5 years; and Whereas, Chancellor Shalala has contributed substantially to the educational environment for all students and the professional development of faculty and academic staff; and Whereas, these efforts have included improving student access to classes, preserving quality in undergraduate and graduate programs, and making the university more \"user friendly\" to students and families; and Whereas, her energy and commitment on behalf of the 1 Foundation helped raise an unprecedented $338 million in private support, as well as initiate a $225 million campaign to renovate and expand the campus' internationally recognized complex of research facilities; and Whereas, Chancellor Shalala has nurtured important business-&-community partnerships, locally and internationally, with university researchers in the fields of biomedicine, engineering, agriculture and many others; and Whereas, she initiated action to effectively address issues of diversity and equity, and modern management in academic settings; and Whereas, recognizing the vital link between alumni support and pride in athletic teams, Chancellor Shalala both re-energized the UW-Madison athletic department and challenged Bucky Badger for the job of number-one cheerleader; and Whereas, now, in departing UW-Madison to answer the call of public service at the highest level, Donna Shalala leaves Wisconsin having successfully advanced the mission and resolve of one of the nation's premiere public universities; and Whereas, by her supreme dedication, boundless energy and thoughtful leadership, the \"Wisconsin Idea\" shall prosper in important new ways through this decade and beyond. Therefore, be it resolved that the Board of Regents of the University of Wisconsin System highly commends Donna Shalala for her outstanding service as chancellor, extending sincere best wishes to her as she begins her tenure as Secretary of the United States Department of Health and Human Services. - Report of the Council of Trustees Hospital and Clinics Regent Gundersen, Vice Chair, presented the Council's report. At its meeting on February 4, 1993, the Council was advised by Superintendent Gordon Derzon that the hospital's year-to-date financial trends have been somewhat negative, with gross revenues under budget and deductions from revenue greater than budget, resulting in a total net patient revenue of $2.2 million less than budget. Overall revenues, however, remain $4 milion in excess of expenses for the first half of the fiscal year. Mr. Derzon expressed concern regarding fiscal projections for the remainder of the year and noted that hospital administration is developing innovative mechanisms to tightly control costs. He said the hospital will 2 face difficult decisions over the next six months and beyond, as administration develops the 1993-94 budget. The Council then heard from Vice Chancellor Jay Noren, who informed the trustees that because of his appointment as Chancellor of the Minnesota Higher Education System effective March 15, 1993 Medical School Dean Laurence Marton has been named Interim Vice Chancellor beginning on that date. Additionally, a Center for Health Sciences Advisory Council has been appointed to coordinate center-wide issues. This Council comprises the deans of the School of Nursing, the School of Pharmacy, and the School of Medicine. It is chaired by Nursing School Dean Vivian Littlefield. Council of Trustees Vice Chair Gundersen presented Dr. Noren with a framed certificate in recognition of his contributions to the Hospital and Clinics during his eight-year tenure as Vice Chancellor. Also attending the meeting was Dr. David Kindig of the Medical School's Programs in Health Management, who provided an outline of aspects of health care reform currently being considered at the federal level. Regent Gundersen pointed out that the word \"reform\" makes the individuals who provide health care appear to be at fault for the problems of the system. Instead, he thought it should be called health care \"advancement, availability and cost containment.\" The Council also heard a presentation from Dr. William Erschler, head of the geriatrics and gerontology section in the Department of Medicine, who reviewed the geriatrics programs at the Hospital and the Veterans Administration Hospital. - Report of the Educational Communications Board President Steil noted that Regent Davis had provided a written report of the January 22, 1993, meeting of the Educational Communications Board. - Report of the Vice President of the State Board written report of the January 27, 1993, meeting of the Wisconsin Board of Vocational, Technical and Adult Education had been distributed by Regent Barry. - Report on Legislative Matters Acting Vice President Judith Ward provided a written report. - Appointments to Special Regent Committee for UW-Green Bay Chancellor Regent Steil noted that he had appointed Regent Hempel to Chair the Special Regent Committee for UW-Green Bay Chancellor, with Regents Dreyfus, Gelatt, Lubar and Lyon as members. 3 Presentation: The University for Wisconsin Noting that one of the primary goals for 1993 is to communicate more effectively about the positive impact of institutions upon the citizens and the communities of Wisconsin, President Lyall introduced as one part of this effort an audio-visual program entitled \"The University for Wisconsin\". The program, funded by gifts and personal participation of alumni and community supporters, was designed to be used in speaking to service clubs, alumni groups and other gatherings of university friends. The video featured examples of the variety of ways in which the System serves all age groups in all parts of the state. Some of these examples could be surprising to viewers who think of the university solely in its site-based teaching role. The video concluded with a series of candid statements by ten Wisconsin citizens, each of whom makes a personal statement about what the System has meant in his or her life or community. Use of this video tape, President Lyall remarked, accords with the advice given at the February 4 meeting by Senator Jauch and Representative Gruszynski that the should reach out and make people more aware of what the university does for them and the opportunities it provides for all of the citizens of the state. - Approval of Nonpersonnel Actions President Lyall noted that there is one legal services contract in the report--at UW-Milwaukee, for instructional services to the School of Business. Adoption of Resolution 6312 was moved by Regent Schilling, seconded by Regent Gelatt and unanimously carried by the Board. Resolution 6312: That the report of nonpersonnel actions by administrative officers to the Board of Regents and informational items reported for the record (copy on file with the papers of this meeting) be received for the record; and that actions included in the report be approved, ratified and confirmed. - Impact of Governor's Budget on the System President Lyall stated that Governor Thompson's proposed budget for the System provides much good news, but also challenges the university to do more with less. The budget provides $9.5 million to allow a start on undergraduate 4 education initiatives for libraries, computers, and modern learning techniques. The Governor also is recommending that financial aid be funded to keep pace with tuition increases of about seven percent in the first year and six to six-and-one-half percent in the second year, excluding the supplemental tuition-funded initiatives at UW-Madison. The balance of undergraduate initiatives is unfunded and there is a $3.2 million permanent supplies and expenses base cut. Also not funded are agricultural and natural resources initiatives; urban schooling; parenting and health care initiatives; environmental compliance; and information technology. The Governor's budget, President Lyall noted, included several key recommendations of the bipartisan Commission on System Compensation that will help the university get the most from its budget resources. These include consolidating a number of line-item appropriations for more efficient administration and the creation of faculty and academic staff compensation funds, including pay plan and fringe benefits and a one percent market adjustment, which would be de-coupled from other state pay plans and administered by the Regents as a single pool. This would leave with the Legislature control over the total dollars to be spent but would provide the university more control over the allocation of those dollars within and among institutions to better meet the most urgent needs and to reward solid performers as well as stars. The Commission, which included citizens and legislators, as well as Regents, faculty and staff, also challenged the to be more creative, innovative and accountable. The System accepts that challenge, President Lyall stated, and will work with the Governor and the Legislature to continue efforts at accountability and effective management of existing resources. In response to a question by Regent Gundersen, President Lyall indicated that the Board's biennial budget request for hazardous waste disposal is not included in the budget submitted by the Governor to the Legislature. Regent Gundersen suggested that legislative attention be called to this request in the interest of proper stewardship of the university. President Lyall indicated that this will be done as part of the UW's work with the Legislature on budget issues. - Report on Institutional Development and Fund Raising Reporting that the chancellors had recently participated in a professional seminar on institutional development and fund raising, President Lyall noted a heightened awareness that private gifts provide the margin of excellence the needs to maintain innovative programs. She and the chancellors planned to spend larger shares of their time in this pursuit in the coming year. - 5 Announcements Distinguished Alumnus Award to Regent Davis President Lyall congratulated Regent Davis on having been chosen as the 1993 Distinguished Alumnus of the University of Chicago School of Business. Regent Emeritus John Schenian It was reported by President Lyall that John Schenian, who had served as the first student Regent, has returned to Wisconsin and is employed as patent attorney with Kimberly Clark. Textbook Authored by Chancellor Thibodeau President Lyall congratulated Chancellor Thibodeau, of UW-River Falls, for authoring a best-selling textbook in anatomy and physiology. Best Wishes to Vice Chancellor Noren President Lyall extended best wishes to Jay Noren, UW-Madison Vice Chancellor for Health Sciences, who had been appointed Chancellor of the Minnesota Higher Education System effective March 15, 1993 6 21, 1993 The minutes of the Executive Committee meeting of January 6 and 21, 1993, are attached to these minutes as The Committee's report was presented by Regent Gelatt, Chair. Presenting Resolutions 6313 to 6316, which had been approved by the Business and Finance Committee, Regent Gelatt moved their adoption by the Board of Regents as consent agenda items. The motion was seconded by Regent Gundersen and carried, with Regents Davis and Hirsch abstaining from the vote. Approval of Gifts, Grants and Contracts Resolution 6313: That, upon recommendation of the President of the University of Wisconsin System, the gifts, grants and contracts presented at this meeting be accepted, approved, ratified and confirmed; and that, where signature authority has not been previously delegated, appropriate officers be 6 authorized to sign agreements. Authorization to Sign Documents Resolution 6314: That, on the recommendation of the President of the University of Wisconsin System Regent Resolution #6042 approved by the Board on March 6, 1992 be rescinded; and that the following revised resolution be approved effective immediately: That any of the following corporate or administrative officers of the University of Wisconsin System -- Secretary, Associate Secretary, Assistant Secretary of the Board, the President, any Vice President, and any administrative officer or administrative assistant designated by the President of the University of Wisconsin System -- is authorized to sign: 1. Proposals, agreements, contracts and contract supplements for research work or any other purposes upon approval of the project by the President or any Vice President of the University of Wisconsin System or the appropriate chancellor or designee with the following extramural entities: United States Government, any of its agencies or departments, any state or municipality or any agency or department thereof, or any non-profit organization. 2. Certifications, releases, inventory reports, and other documents as required by the government in connection with the termination of the contracts with the federal government for research and educational services furnished by the University of Wisconsin System. 3. Applications, notices, bonds, and other instruments required by the federal government in connection with matters relating to federal laws and regulations for the purchase and use of tax-free alcohol in the laboratories of the University of Wisconsin System. 4. Purchase orders and other instruments required by the federal government for the procurement of narcotics for use in the laboratories of the University of Wisconsin and in University Hospitals. 5. Grants, contracts, leases, and agreement with private-profit making organizations, with the understanding that those in excess of $200,000 require formal acceptance by the Regents prior to execution. 7 6. Royalty agreements with the University of Wisconsin Press. 7. Transactions of the University of Wisconsin System's employee savings bonds accounts. Grants, contracts, leases and agreements, including royalty agreements with the University of Wisconsin Press, will be reported monthly to the Vice President for Business and Finance and the Vice President for Physical Planning and Development. Harry Steenbock Fund Resolution 6315: That, as recommended by the Chancellor of UW- Madison and the President of the System, the gift of Harry Steenbock of a Special Account held by the Wisconsin Alumni Research Foundation be accepted by the Board of Regents of the University of Wisconsin System in accordance with the terms and conditions specified; and that the Chancellor of UW-Madison and the Assistant Trust Officer be authorized to sign the Receipt and Agreement to Administer and any other documents necessary to effect the transfer for the benefit of the UW-Madison. Harry Steenbock Fund terms provide as follows: a. Two-thirds of the income derived from the Harry Steenbock Fund shall be distributed annually to support research at the University in the fields of natural sciences; b. One-third of the income derived from the Harry Steenbock Fund in each year shall be accumulated and added to the principal balance of the Harry Steenbock Fund; c. No part of the Harry Steenbock Fund or the distributed income thereof shall be used for the purchase of equipment or shall be invested in building projects. (Harry Steenbock created this fund with patent license royalty income in 1938 providing that hold the account until after the death of his wife. Evelyn Steenbock died on October 19, 1992. University Trust Funds received $4,893,263.58 on December 30, 1992 to fund this trust account. The Chancellor has designated the Dean of the Graduate School as the administrator of the research support distributions System Custodial Services 8 Resolution 6316: That, upon the recommendation of the President of the University of Wisconsin System, delegation of the custody and clearance function to the State of Wisconsin Investment Board (10-23-75) be rescinded effective May 1, 1993 at the request of the State of Wisconsin Investment Board. That, the Trust Officer be authorized to; 1) open interim accounts at Morgan Guaranty Trust Company (under a master contract of the State of Wisconsin Investment Board) and at Firstar Bank-Milwaukee (the state working bank); and 2) initiate an Investment Custodial Request for Proposals to identify a permanent replacement to the State of Wisconsin Investment Board. --- Continuous Quality Improvement Initiatives and Accomplishments Continuous Quality Improvement Consultant Rohan provided the Business and Finance Committee with an update on continuous quality improvement initiatives and accomplishments to date. Ms. Rohan summarized efforts such as strategic quality planning, the formation of an advisory council, and an upcoming visit to the IBM-Rochester site. Campus initiatives are being taken to improve process management. - Semi-Annual Financial Report Vice President Marnocha presented financial statements to the Committee, including transactions processed through December 1992. - Travel Analysis Pursuant to a request by the Business and Finance Committee in December 1992, Vice President Marnocha provided additional information on travel expenditures in the System. The following information was highlighted System total travel expenditures are slightly less than the average of other Big Ten institutions. The portion of the travel expenditures decreased from 1989-90 to 1991-92. - Report of the Vice President Study on Research in UW-Madison College of Agricultural and Life Sciences UW-Madison Graduate Dean John Wiley addressed the Business and Finance Committee on the Rural Development Center's study of privately- sponsored research in the College of Agricultural and Life Sciences. He 9 pointed out that the existing requirement that for-profit research pay the normal indirect cost rate will be strictly applied in the future. - Internal Audit Report Implementation of UW-Milwaukee Affirmative Action Audit Recommendations Internal Audit Director Brunkow presented the Second Quarter Internal Audit Report to the Audit Subcommittee. Chancellor Schroeder reported that UW-Milwaukee has made significant progress in response to recommendations contained in the March 1992 Legislative Audit Bureau audit which evaluated the enforcement of affirmative action policies at UW- Milwaukee. The number of complaints handled has increased and the processing time has been significantly decreased The Committee's report was presented by Regent Davis, Chair. Consent Agenda Items Presenting Resolutions 6317 to 6321, which had been approved unanimously by the Education Committee, Regent Davis moved their adoption by the Board of Regents as consent agenda items. The motion was seconded by Regent Schilling. It was noted by Regent Davis that in Committee discussion of Resolution 6317, it was agreed, after hearing testimony by Julie Laundrie of United Council, that System Administration would work with the institutions to ensure that complaint procedures are adequately spelled out. Put to the vote, Resolutions 6317-6321 were adopted unanimously. Implementation of s. 36.11(22), Wis. Stats. Resolution 6317: Pursuant to 1989 Wisconsin Act 177, s. 36.11(22), Wisconsin Statutes, the board hereby accepts the report on implementation of the Act (the report on orientation programs and information provided to students on sexual assault and sexual harassment) and directs that the report be submitted to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172(3). Revisions to Faculty Policies and Procedures, UW-Milwaukee Resolution 6318: That, upon recommendation of the Chancellor of the University of Wisconsin-Milwaukee and the President of the University of Wisconsin System, UW-Milwaukee 10 Faculty Document No. 1809 (the addition of sections 5.181 through 5.186 and amendments to sections 5.10, 5.15, 5.16, 5.161, 5.17, 5.18, Chapter 5, and A2.3(3), supplement to Chapter 6, UW-Milwaukee's Faculty Personnel Policies and Procedures), be approved. Authorization to Recruit Chancellor, UW-Green Bay Resolution 6319: That, upon recommendation of the President of the University of Wisconsin System, the Board of Regents approves the Request for Authorization to Recruit for a Chancellor of the University of Wisconsin-Green Bay. Wisconsin Distinguished Professor, UW-Milwaukee Resolution 6320: That, upon recommendation of the Chancellor of the University of Wisconsin-Milwaukee and the President of the University of Wisconsin System, Carolyn R. Aita be reappointed Wisconsin Distinguished Professor, College of Engineering and Applied Science, University of Wisconsin-Milwaukee, for the period July 1, 1993 through June 30, 1998. Named Professor, UW-Green Bay Resolution 6321: That, upon recommendation of the President of the University of Wisconsin System, David L. Outcalt be appointed the Philip and Elizabeth Hendrickson Professor, University of Wisconsin-Green Bay, effective January 1, 1994. --- Enrollment Management Planning for 1995-2000 At the first session of the meeting, to which all Regents were invited, Senator Robert Jauch and Representative Stan Gruszynski made presentations and joined in discussion about enrollment management and about how to improve the discourse and sense of trust between the Regents and the Legislature. It was agreed that forums between Regents and small groups of legislators are very helpful in that regard. - Report of the Senior Vice President Announcements Senior Vice President Portch reported to the Committee that the UW- Whitewater Chapter of the Society of Physics Students has been designated by the national office as one of 30 outstanding chapters in the country. The Department of Public Instruction has provided UW-Stevens Point with a $284,000 grant from the Office of Education, to serve as the lead 11 institution in eliminating the large number of emergency licenses for teachers of the learning disabled and emotionally disturbed. The (Higher Education Location Program) office has put together a bulletin that lists how individual advanced placement examinations will be counted for credit at each institution. Regent Grover expressed his pleasure at the university's response to the issue. UW-Milwaukee Faculty Promotion UW-Milwaukee Chancellor Schroeder recommended to President Lyall that Ceil Pillsbury be promoted to Associate Professor with tenure in the School of Business Administration, UW-Milwaukee, at the recommendation of an ad hoc committee that conducted a review in accordance with s. 36.13 of Wisconsin Statutes. The authority to approve such tenure appointments out of the budget cycle is delegated by the Board of Regents, and Senior Vice President Portch approved Dr. Pillsbury's promotion to Associate Professor with tenure by letter to Chancellor Schroeder on February 3, 1993. Introduction of Administrative Intern Dr. Portch introduced Dr. Sybil Hampton, who is serving as administrative intern in the System Office of Academic Affairs this semester. Her permanent appointment is Assistant Dean for Student Academic Affairs in the UW-Madison School of Family Resources and Consumer Sciences 8: Bill of Student Rights and Responsibilities Senior Vice President Portch reported to the Education Committee on the status of the development of a Bill of Student Rights and Responsibilities. His conclusion was that was nonadversarial process, done at the local level, will result in greater long-term ownership and meaning. Three students made presentations to the Committee, stating disappointment that a systemwide document was not being accepted and suggesting some modifications in the process. Vice President Portch agreed to review and adopt some of the suggestions when formulating guidelines to assist institutions in developing their statements. In Committee discussion, Regent Grebe expressed the hope that there will be a systemwide statement. Vice President Porch responded that such a statement might result from deliberations at the individual institutions. - Change in Select Mission; Authorization to Implement B.S., Manufacturing Engineering, UW-Stout The first review of the proposed change in the mission was held in March 1992 hearing was conducted by Regent Krutsch in December 1992. Sr. Vice President Portch emphasized that the language of the mission change makes clear that this is approval only for an undergraduate manufacturing engineering degree. The program would require no additional 12 state resources, being supported by reallocation of existing recources at UW-Stout, private fund raising by UW-Stout, and existing engineering and technology education funding annually to UW-Stout. The B.S. in Applied Technology will be phased out no later than the year 2000. In Committee discussion, Regent Davis indicated support for the program because there were no additional resource requirements, because UW-Stout has been cognizant of the cost issue, and because it is a natural program evolution for the institution. In response to a question by Regent Grebe about accreditation, Chancellor Sorensen assured the Committee that qualified candidates are available to be recruited for faculty positions. Regent Krutsch indicated that she had been impressed at the hearing by the importance of the B.S. degree to students in the program. Regent Davis moved and Regent Krutsch seconded adoption of the following resolutionby the Board of Regents. Resolution 6322: That, upon recommendation of the Chancellor of the University of Wisconsin-Stout and the President of the University of Wisconsin System: the Board of Regents approves a change in the Select Mission of UW-Stout to include Manufacturing Engineering; the Chancellor be authorized to implement the B.S. in Manufacturing Engineering. Regent Gelatt stated his intention to vote against the resolution becuase of his concern about the apparent inability to do strategic program planning measured to the needs of the State of Wisconsin. With this addition, he noted, three of the four engineering programs in the System will be far from the state's centers of engineering activity. Pointing out that each of these programs is the product of logical incremental growth, the seed of which was the economy of the state a hundred years ago, he stated the hope that in the future there will be true strategic planning as to where programs should be sited. He considered the UW-Stout program a worthy addition to the campus and offered his vote not in opposition to the program, but in opposition to the process by which this conclusion was reached. Put to the vote, Resolution 6322 was adopted, with Regent Gelatt voting in opposition. - Redirection of Major/Degree in Environmental Policy and Planning, UW- Green Bay In Education Committee review of this program, Regent Krutsch inquired about the significance of the science component. Dean Carol Pollis responded that, since there were only two required science courses, a minor in environmental science or a double major was recommended. Regent Krutsch expressed her concern about a degree in environmental policy and planning without an adequate base in science, and Regent Davis also indicated an interest in learning more about the rationale for the 13 amount of science in the program. Dean Pollis replied that System Administration had expressed similar concerns. She pointed out that UW- Green Bay already has a strong environmental science major, and this degree is conceptualized as based in the social sciences with strong components in political science, economics, planning and environmental law. It was decided by consensus to withdraw the request for program approval at this time. Vice Chancellor Kuepper agreed to share these concerns with the program faculty and return for a future discussion with the Committee. - Enrollment Management Planning for 1995-2000: Working Paper No. 4 Overview of Regional and Cooperative Academic Programs Regent Davis reported that presentation to the Education Committee of this working paper is the first of two steps in the discussion of regional and cooperative programs. The paper offered basic information and a beginning analysis of the potential for the use of regionalized and cooperative programs to maintain both quality and access during enrollment management III. In June 1993, the Regents will be provided with a second paper and a set of goals and principles that will provide the basis for a fundamental restructuring of the university and its curriculum. In Committee discussion, Regent Grebe expressed particular interest in a cost/benefit analysis of regional and cooperative programs and in focusing on these programs from a student perspective. Regent Krutsch indicated interest in the broader issues of restructuring, as she had been impressed with the process of the lateral reviews. Regent Davis inquired about the possibility of requiring all new programs to be cooperative or regional. Senior Vice President Portch and Chancellor Kaplan indicated that it usually is best from a quality point of view to establish a program firmly on one campus before expanding it to others Regent Dreyfus, Chair of the Committee, presented the report. Consent Agenda Items Resolutions 6323-6326 were approved unanimously by the Committee. Regent Dreyfus moved and Regent Gundersen seconded the motion for their adoption by the Board, and the motion was carried unanimously. UW-Stout: Authority to Construct Memorial Student Center University Bookstore Remodeling and Expansion Resolution 6323: That, upon the recommendation of the UW-Stout Chancellor and the President of the University of Wisconsin System, authority be granted to construct a Memorial Student Center University Book Store 14 Remodeling and Expansion project, at an estimated cost of $233,000 from Program Revenues. UW-Madison: Approval of Design Report/Authority to Construct Engineering Building Total Facilities Performance, Phase 2 Resolution 6324: That, upon the recommendation of the UW-Madison Chancellor and the President of the University of Wisconsin System, the Design Report be approved and authority granted to Construct the Engineering Building Total Facilities Performance Project - Phase 2, at an estimated cost of $4,550,000 from General Fund Supported Borrowing System: Approval to Construct Seven Roof Replacements Resolution 6325: That, upon the recommendation of the UW-Green Bay, LaCrosse, Madison, and Stevens Point Chancellors and the President of the University of Wisconsin System, authority be granted to construct the following roof replacement projects, at the costs shown, from All-Agency Facilities Repair and Renovation Funds UW-Green Bay: Phoenix Sports Center 18 $ 286,500 UW-Green Bay: Wood Hall 20 109,300 UW-La Crosse: Main Hall 20 154,000 UW-Madison: Robert M. Bock Laboratories 28 126,000 UW-Madison: Hiram Smith Hall & Annex 100 & 83 150,000 UW-Madison: Meteorology & Space Science 27 290,000 UW-St. Point Physical Education Building 25 140,500 Addition (Quandt Gym) $1,256,300 Center-Waukesha County: Authorization to Revert Leased Property Rights to Waukesha County Resolution 6326: That, upon the recommendation of the Centers Chancellor and the President of the University of Wisconsin System, authority be granted for the Officers of the Board to release leased property rights to Waukesha County of approximately one acre of property currently leased from Waukesha County. The County plans to transfer ownership of the land to the City of Waukesha to permit the construction of an access road leading to a proposed retirement village development west of the Waukesha County campus. 15 --- UW-Green Bay: Authority to Construct Child Care Center The following resolution, which had been approved unanimously by the Physical Planning and Development Committee, was moved by Regent Dreyfus and seconded by Regent Gundersen: That, upon the recommendation of the UW-Green Bay Chancellor and the President of the University of Wisconsin System, authority be granted to include construction of a Children's Center at UW-Green Bay in the University System's 1993-95 Capital Budget, at a total estimated cost of $800,000 Program Revenue Supported Borrowing; and, subject to Building Commission approval of the project as part of the 1993-95 Capital Budget, to issue a Request for Proposal (RFP) and negotiate with viable respondent(s) for the operation of the facility. The results of the process will be submitted to the Board of Regents for final approval. Regent Dreyfus explained that the advantage of having the facility constructed with program revenue-supported bonding is that the state's lower borrowing rate will reduce interest costs by $44,000 per year, which amounts to a reduction of more than $800,000 over the 20-year life of the bond. On the other hand, operation of the center by a private sector provider is estimated to cost about $104,000 less per year than a university-operated center. There was recognition by the Committee of the need for the UW-Green Bay facility at this time, he indicated, and it is not possible to obtain bonding without exceeding the $58 million bonding limit. After hearing much testimony, the Committee approved the recommendation embodied in the resolution. In response to a question by Regent Krutsch Regent Dreyfus explained that the Committee felt it would be best to proceed with the construction request, and then let any operators--public and private--compete in the request for propsals (RFP) process. Regent Schilling felt that to have the results of the returned to the Board for approval would amount to micro-management on the part of the Board. While he considered it appropriate for the Board to mandate an process, he believed the administration should then conduct the process and make the selection without further Board intervention. It was moved by Regent Schilling and seconded by Regent Gundersen that the last sentence be deleted from the resolution. Regent Krutsch expressed concern that, if the decision were to be made at the administrative level, the Board would have no discussion of the criteria involved, including cost and policy issues. For that reason, she thought it appropriate for the matter to be returned to the Board. Regent Gundersen pointed out that there are numerous decisions made 16 by individual institutions in such areas as food service and custodial service, using competitive factors to determine whether the university should contract to have a service performed or perform the service with its own work force. Regent Flores explained that the question of program operation had become involved with the facility construction matter because, when it was found that funds were unavailable, monies had been provided to look into the prospects for a privately built and privately operated facility. Therefore, the unique history of this project had caused the construction and program aspects to become intertwined. Since it had now been concluded that the facility could be built less expensively with program revenue bonding, he agreed with Regent Schilling that UW-Green Bay should make the decision as to how the program should be operated. Stating his support for the amendment, Regent Dreyfus compared aspects of the UW-Green Bay program to the former campus laboratory schools in which the programs were instruction and research related. Such decisions, he noted, normally have been made at the campus level. Put to a roll-call vote, the amendment was adopted, with Regents Barry, Budzinski, Davis, Dreyfus, Flores, Gelatt, Grebe, Gundersen, Schilling and Steil (10) voting for the amendment and Regents Hirsch, Krutsch, Lubar and Nicholas (4) voting in opposition. Stating his opposition to the resolution, Regent Hirsch commented that, while there is a need in Green Bay for this type of project, the recommendation before the Board is much different from the privately financed and privately operated facility which was contemplated in the original RFP. He was troubled that this change in direction did not accord with the Board's original intent. In response to a question by Regent Davis, Regent Dreyfus explained that the salaries and benefits paid to the university faculty and staff differ substantially from the salaries and benefits of private day care providers. The difference in personnel costs in this type of program accounts for the large difference in operating costs. Regent Lubar stated his intention to vote against the resolution on the basis of his view that state bonding for this type of facility is poor policy and would set a precedent for constructing new facilities for day care. He was not satisfied that the need for this facility had been demonstrated. In that regard, he referred to a letter from a representative of Green Bay area day care centers, who stated that there are about 600 empty spaces in those facilities and that students can be trained on an internship basis in private facilities. Regent Lubar also was concerned that the cost of the facility seemed much higher than necessary and that the university would be liable for future excess costs and other liabilities. It was his position that a private concern should build and operate the facility and should have full responsibility for all costs and liabilities. Regent Schilling observed that the location of the UW-Green Bay campus would not be an optimum site for a privately owned child care center. With regard to the proposed bonding, he noted that the debt service would be paid by users of the center and that users also would pay 17 all operating costs. He thought the Committee's recommendation also had been influenced by the importance of the center as a campus teaching facility. While the must be very careful about competing with the private sector, he commented, it is necessary to do so in cases such as this. Regent Flores commented that provision of child care facilities is not different from provision of student dormitories, which also are financed with program-revenue borrowing. Just as dormitories have been essential for students who leave their homes to go to college, in today's environment child care facilities are necessary to enable a growing number of students to attend college. He therefore felt this facility should be provided. Regent Dreyfus remarked that this would be the first time that users on a campus would have to support the cost of construction of a child care facility, as well as its operation. Child care facilities also are provided for state employees who pay only operating costs. An important point, he emphasized, is that the child care center does not offer just a service, but also includes the teaching and research functions of the early childhood program. Regent Davis noted the two issues to be addressed were whether the facility is needed and, if so, who could best provide the facility. As to the first issue, his sense was that a facility is needed on campus, even though there may be child care spaces available in the community, since the students whose children make up 60 percent of the child center's clients may not have the mobility to place their children in all parts of Green Bay. He also found persuasive the role of the center in the university's educational program. In addition, he did not believe UW- Green Bay should be penalized for not having available an older structure to dedicate for a child care center as other campuses had done. However, Regent Davis questioned the assumption that the state could construct the facility more cheaply than a private developer and asked to what extent the Committee had addressed the issue of the construction cost differential. Regent Dreyfus replied that the developer had appeared before the Committee and discussed his proposal. Vice President Brown explained that the developer had proposed a construction cost of $830,000, while the figure used in the Committee's recommendation was $800,000. The developer's figure for cost of money was over nine percent. The state bond rate was under six percent. In response to a question by Regent Davis as to timing, Mr. Brown indicated that the developer could proceed immediately so that the center would be open by fall 1993. Construction by the state, however, would require enumeration in the budget, and the center would not be open until fall 1994. Regent Kurtsch felt actual need for the center had not been clearly demonstrated and that there were discrepancies in data which had been provided. With respect to the question of access, she thought that, for some students, child care located near their part-time jobs might be more easily accessible than care located on the campus. She agreed that the educational usage of the center is important, but she had not seen any attempt to investigate the suggestion made by a private child care 18 organization that arrangements for the educational program be made with private providers. For these reasons, she was uncomfortable with the recommendation to go forward with the project. Regent Gundersen reported that the Committee had heard much testimony from students which argued persuasively for a campus location with flexible hours. He felt the issue had been studied sufficiently and urged the Board to take action at this meeting. Regent Dreyfus noted that the resolution would separate the question of facility construction from the question of operation of the center, which would be resolved later through the process. He trusted that UW-Green Bay would be price sensitive, as well as program sensitive, in making that decision, in order to minimize the cost to students. Regent Gelatt moved to amend the resolution by deleting from the fifth line the words \"estimated\" and \"of,\" and inserting after the word \"cost\" the words \"not to exceed.\" The motion was seconded by Regent Davis and unanimously carried. Adoption of Resolution 6327, as amended, was carried on a roll-call vote, with Regents Barry, Budzinski, Davis, Dreyfus, Flores, Gelatt, Grebe, Gundersen and Schilling voting \"Aye\" (9) and Regents Hirsch, Krutsch, Lubar, Nicholas and Steil voting \"No\" (5). Resolution 6327: That, upon the recommendation of the UW-Green Bay Chancellor and the President of the University of Wisconsin System, authority be granted to include construction of a Children's Center at UW-Green Bay in the University System's 1993-95 Capital Budget, at a total cost not to exceed $800,000 Program Revenue Supported Borrowing; and, subject to Building Commission approval of the project as part of the 1993-95 Capital Budget, to issue a Request for Proposal (RFP) and negotiate with viable respondent(s) for the operation of the facility. - UW-Extension; UW-Milwaukee: Authority for Civic Center Campus Property Presenting Resolution 6328, which was approved unanimously by the Physical Planning and Development Committee, Regent Dreyfus recalled that, in accordance with Regent directive at the October 1992 meeting, there had been issued a Request for Proposals, to which four responses were received. Of these, the proposal submitted by the Grand Avenue Corporation was judged to be the best. The cost of this proposal, however, was about $2.2 million more than the $11.2 million budgeted figure. The resolution would provide for negotiations to meet the budgeted amount. The Regents were provided with a list of all members of the Grand Avenue Corporation, for use in determining the existence of any potential conflict of interest relationships. Adoption by the Board of Resolution 6328 was moved by Regent Dreyfus 19 and seconded by Regent Barry. Resolution 6328: That, upon the recommendation of the Extension and UW-Milwaukee Chancellors and the President of the University of Wisconsin System System Administration staff be granted the following authorities: a. Authority to negotiate a contract with the Grand Avenue Corporation for the lease/purchase of approximately 109,000 square feet of space in the John Plankinton Building, located above the Grand Avenue Mall in downtown Milwaukee, to serve as the University Center for Continuing Education, at a cost not to exceed $11,250,000 ($9,750,000 General Fund Supported Borrowing and $1,500,000 Program Revenue Supported Borrowing); and, if negotiations are successful, b. Authority to dispose of the existing Civic Center Campus site, consisting of approximately 1.82 acres of land and two buildings located at 6th and State Streets in Milwaukee, at or above the average of two appraisals. The property was appraised in February 1992 at $1,690,000 for the site with buildings, and at $2,257,500 for the site if vacant. c. Authority to pursue appropriate Session Law language as part of the upcoming 1993-95 Capital Budget to enable the use of proceeds from the disposal of the existing Civic Center Campus site (assumed to be at least $1,690,000) to offset the cost of acquiring replacement facilities. Regent President Steil inquired of General Counsel Stathas as to the types of relationships which would prohibit a Regent from voting on this matter. Mr. Stathas replied that such relationships would include being a major shareholder in one of the members of the corporation or belonging to a law firm which represents one of the clients in this matter. Regent Nicholas emphasized the importance of this decision for the university's future presence in downtown Milwaukee. While his concerns in that regard had been largely resolved by talking with Chancellors Boyle and Schroeder, he felt the matter should be discussed thoroughly. He inquired about the proposal involving the J.C. Penny Building, which would allow the university to own a building in downtown Milwaukee rather than only part of a shopping-mall structure. He also inquired about the rights granted to the three unsuccessful proposers. Regent Barry replied that the J.C. Penny reconstruction proposal was substantially higher in cost than the Grand Avenue proposal. He felt the availability of relatively secure and proximate parking is an important advantage of the Grand Avenue proposal. Vice President Brown explained that all bidders had the opportunity 20 to present their best bids. After that, the selection was made as to the best proposal in terms of meeting identified needs. If no acceptable agreement could be reached with the highest scoring bidder, there would be negotiations with the bidder who presented the next highest scoring proposal. In evaluating the proposals, cost represented 35 percent of the score. Another 35 percent was performance of program requirements; 15 percent was for maintenance and operational costs; and 15 percent was for security, safety and access to public transportation. In response to a question by Regent Barry, Regent Dreyfus indicated that nothing in the resolution would prohibit use of private funding to reach the budgeted level. Regent Barry agreed that an amendment to the resolution would not be necessary, with the understanding that any mix of funds would be allowed, not to exceed $1.5 million program revenue borrowing and $9.75 million general fund supported borrowing. Stating his support for the resolution, Regent Lubar commented that the location is particularly good for university extension programming. However, due to membership on boards involved with the Grand Avenue Corporation, he would abstain from voting on this matter. Regent Dreyfus felt that the high density of pedestrian traffic in the Grand Avenue area is an advantage to people attending extension programs, particularly in the evening. In addition, the parking area is patrolled, which adds to the sense of security. Regent Budzinski stated that he would vote against the resolution because of his belief that the university should be involved in redeveloping the downtown and should have a highly visible, street-level presence, rather than a facility tucked into a mall. He cautioned that parking at Grand Avenue is no more secure than other downtown parking. Regent Barry commented that the Grand Avenue Mall location is in the mainstream of activity in downtown Milwaukee. He felt this proposal represents a very good use of space and would reserve redevelopment opportunities that would be precluded if the university were to take another piece of downtown Milwaukee land off the tax rolls. Regent Hirsch inquired about whether sale of the Civic Center campus is likely to recover the appraised value. Vice President Brown replied that the property would be declared surplus, with the first option for purchasing available to other units of government, such as the city, the county, or the Milwaukee Area Technical College. If no governmental unit exercised that option, the property would be placed on the open market. To date, there had been one overture from a Milwaukee developer at a price of $1.8 million. Put to the vote, Resolution 6328 was adopted, with Regents Grebe, Hirsch and Lubar abstaining from the vote, and Regent Budzinski voting in opposition 21 Regent Flores, Chair, presented the Committee's report. The Committee on Student Discipline and Student Governance Appeals met on December 10, 1992, to hear oral arguments and consider the appeal by the UW-Madison Segregated University Fee Allocation Committee (SUFAC) of the Chancellor's decision to discontinue funding for the Women's Transit Authority (WTA). On the basis of the record and the arguments that were presented, it was the Committee's unanimous recommendation that the Chancellor's decision be sustained. The appeal was brought under the Board's Guidelines for Student Governance, which provide for an appeal to the Board where \"irreconcilable differences of judgment on the uses of allocable student fee income develop between a chancellor and the student organization charged with responsibility for initiating recommendations in this regard.\" Regent policy specifies a number of issues to be considered by the Board in reviewing an appeal of this type. The issues relevant to this appeal are: (1) Did the student proposed budget item require the university to violate any statute, administrative code, policy or contract; and (2) was the basis for the chancellor's decision substantial? In this case, the Chancellor's legal counsel advised that the WTA's practices of providing rides only to women, and of excluding men from acting as drivers or dispatchers, would have placed the university in violation of anti-discrimination laws if funding had been continued. Given this legitimate concern and the potential exposure of the university to legal liability for sex discrimination, the Committee found the basis for the Chancellor's decision to discontinue funding to be substantial. Because there was a substantial basis for the Chancellor's decision and because of the potential for a violation of law resulting from continued funding, it was the Committee's recommendation that the Chancellor's decision be sustained. The Committee further recommended that the $18,300 voted by for the be recommended for another allocation through the regular process. Upon motion be Regent Flores, seconded by Regent Dreyfus, Resolution 6329 was adopted unanimously by the Board of Regents. Resolution 6329: That, on the recommendation of the Committee on Student Discipline and Student Governance Appeals, the Board of Regents adopts the attached decision and order in the matter of the UW-Madison appeal of the Chancellor's decision to discontinue funding for the women's transit authority Regent Barry, Chair, presented the Committee's report. 22 The Regent Committee was appointed in June 1992 by Regent President Steil, in response to questions that were raised about the nature and appropriateness of the relationship of the Board to the University Book Store. After deliberating at a number of meetings and receiving comments from all parties, the Committee decided to advance a recommendation consisting of several components. First, the Board of Regents would request a disclaimer by the book store to the effect that it is not part of the university. The book store management indicated willingness to implement this recommendation. Second, to preserve Regent oversight under the trust indenture, the practice of receiving from the book store an annual audited financial statement would be continued, with the opportunity to request an additional unaudited financial statement should that be deemed advisable. The book store management also concurred with this recommendation. The remaining two issues, which had engendered considerable discussion, concerned the composition of the book store board of trustees and the appointment process. The board of trustees currently consists of eight members--two faculty appointed by the Chancellor; two alumni appointed by the book store board in consultation with the Alumni Association; three students appointed by the Chancellor, the Wisconsin Student Association and the book store board; and the manager of the book store. The Regent Committee had decided to recommend a nine-member board, composed of two faculty, two academic staff, two alumni, two students and the book store manager. Faculty and academic staff would be appointed from lists of one-to-three nominees submitted by their respective campus governance organizations. The book store board would select from those lists and could request additional names if desired, but would not be empowered to select someone not on the list of nominees. One student member would be appointed directly by the Wisconsin Student Association. The other would be an unrestricted selection by the board of trustees. The alumni members also would be selected without restriction by the board of trustees. The result of this process would be that the board, by itself, would select four of nine members. Noting a communication from the book store manager charging that the Board of Regents would be exceeding its authority by recommending this change in composition of the board of trustees, Regent Barry pointed out that the trust indenture clearly provides for the Regents to perform an oversight role, including authority to appoint more members to the board of trustees. He did not believe this recommendation to be an undue exertion of Regent oversight. Adoption by the Board of Regents of the following resolution, which was unanimously approved by the Committee, was moved by Regent Barry and seconded by Regent Flores: Resolution 6330: That the oversight responsibilities of the Board of Regents under the trust indenture are appropriate and should be continued. That the Board of Regents requests the University 23 Book Store to include a statement that it is a private business not part of the university in all its publications, advertisements and letterhead. That the practice of providing the Board of Regents with one audited financial statement per year be continued, with the Board of Regents having the option of requesting one additional unaudited financial statement per year, if it desires. That the University Book Store Board of Trustees be requested to propose the following changes to Article III, Sections 2, 3, and 4 of the By-Laws: [Delete Section 2 and substitute the following:] Section 2 Selection of Trustees. The Board of Trustees shall consist of: (a) Two members of the faculty of the University of Wisconsin at Madison; (b) Two alumni of the University of Wisconsin at Madison; (c) Two students currently enrolled in the University of Wisconsin at Madison; (d) Two members of the academic staff of the University of Wisconsin at Madison; (e) The manager of the University Book Store, Madison. Faculty members shall be nominated by the University Committee. Academic Staff members shall be nominated by the Academic Staff Executive Committee. One student member shall be appointed by the recognized Wisconsin Student Government body with the other student member appointed by the Board of Trustees. Alumni members shall be selected at large from alumni of the University of Wisconsin at Madison by the Board of Trustees. Alumni members need not be members of the Wisconsin Alumni Association. Appointment of faculty and academic staff trustees shall be made by the Board of Trustees from not less than one or more than three nominations made by each of the designated bodies. The Board of Trustees may request additional nominations from which it shall make its appointment. [Amend Section 3 as follows:] Section 3 Time of Appointment and Election and 24 Term of Office. The term of office of all trustees whether appointed or elected shall commence September 1 in each year. Appointment or election, as the case may be, shall take place during the month of May for a term to commence September 1st. In the event that the Wisconsin Student Association shall fail to appoint a student by June 15 of any year, the Chancellor of the University of Wisconsin, Madison shall make such appointment on behalf of the Wisconsin Student Association. Each trustee, other than a student trustee shall hold office for a term of four years or until his or her successor is appointed or qualifies. Each student shall hold office for a single term of two years. The sequence of terms shall be such that the term of one faculty member shall commence on September 1st of each odd numbered year, while the term of one alumni member shall commence in September of each even numbered year, with not more than one term of a faculty, academic staff or alumni member commencing commences in any given year. No person shall be elected or appointed as a trustee after his sixty fifth birthday and no trustee shall be eligible to serve more than two full consecutive terms. The Wisconsin Student Association or its successor is urged to consider the desirability of nominating for an additional year these student members of the board who continue eligible for re election. The term of office of the manager shall be as long as he or she is manager of the Book Store. [Amend Section 4 as follows:] Section 4 Vacancies on the Board of Trustees. Vacancies on the board of trustees caused by failure to qualify, failure of appointment or election, death, resignation, removal, or otherwise, shall be filled by appointment or election from the same class of trustees in which a vacancy occurs and by the same appointing or electing authority the same process provided for in Section 2 for the remainder of the term. If a vacancy is not filled by the proper appointing authority within sixty days. If nominations are not made within 60 days after notice from the board that such vacancy exists, such vacancy may be filled by election by the board of trustees from the same class of trustees in which the vacancy occurs, for the remainder of the term. Regent Gelatt noted that the full Board of Regents had not had the benefit of materials regarding the issues involved in this matter. He moved that the resolution be tabled until the March 1993 meeting, to allow all Regents an opportunity to become more familiar with these issues. The 25 motion was seconded by Regent Flores. The motion failed on a roll-call vote, with Regents Dreyfus, Flores, Gelatt, Grebe, Gundersen and Schilling voting in the affirmative (6) and Regents Barry, Budzinski, Davis, Hirsch, Krutsch, Lubar, Nicholas, and Steil voting in the negative (8). Regent Gelatt noted his recollection that the Committee had been formed to investigate severing of the Board's ties with the book store. Instead, the Committee seemed to be recommending somewhat more control. Regent Barry explained that the Committee's effort had been to seek a better understanding of the relationship of the book store to the university, rather than specifically to consider severing ties with the book store complaint had been registered by a private book store owner about unfair competition from the University Book Store. This led to discussion of the public perception of the book store as part of the university. Instead, it is a private business which operates under a trust indenture, involving the Board of Regents in a limited oversight role. The Committee found that the indenture could not be terminated without cooperation of all parties, and even then the process would be arduous. After discussion with all parties and given the Chancellor's wish to avoid official institutional involvement in a business that is not part of the university, the Committee decided that the intent of the trust could best be met by having some members of the board of trustees chosen from among nominations of faculty and academic staff organizations and with appropriate student representation. In response to a question by Regent Flores, General Counsel Stathas described the role of the Board of Regents, set forth in the trust indenture, as an oversight function, with ability to expand membership on the board of trustees. If the business were dissolved, distribution of the proceeds would be determined by the Board of Regents. Regent Flores noted some inconsistency in both asking the book store to publish a disclaimer stating that it is not affiliated with the university, on the one hand, and on the other hand, exercising Regent authority with respect to composition of the board of trustees. Put to the vote, Resolution 6330 was adopted, with Regent Gelatt voting \"No Appearance by President of The Association of Professionals Dr. Gloria Toivola, President of The Association of Professionals, presented the Board with petitions signed by faculty and academic staff in nine comprehensive universities, indicating support for collective bargaining by faculty and academic staff. Such bargaining, she said, would involve wages, hours and conditions of employment. University 26 governance organizations would continue to deal with such issues as curriculum and class schedules. Issues of mission, structure and goals of the institution and statutory rights of students would be outside the scope of bargaining. Salaries in non-bargaining universities, she stated, trail those in universities with collective bargaining. In addition, salary increases for teachers in Wisconsin public schools, the System and professional state employees, all of whom bargain collectively, have exceeded those accorded to faculty and academic staff. Indicating that faculty at 403 colleges and universities in 33 states have collective bargaining rights, she commented that their professional involvement in teaching, research, and service is not different from that of faculty. What is different is that they negotiate such matters as salary and fringe benefits, grievance procedures, leave days, class size limits, professional development opportunities and retirement programs. Some use a salary schedule; most have negotiated across-the-board salary adjustments; and some use a merit system. Cut-backs in times of budget crisis also are negotiated. There is no universal model; instead bargained contracts reflect the circumstances of the members of the bargaining unit. Commenting that faculty and academic staff are frustrated with a compensation system that does not attend to their needs, with lack of effective grievance procedures and lack of decision-making authority in the work place, Dr. Toivola urged the Regents to conduct a collective bargaining election. President Steil advised the Board that state law does not provide for collective bargaining for faculty and academic staff. If new legislation were enacted to provide for it, the employer could well be the Department of Employment Relations. Dr. Toivola took the position that the law does not specifically prohibit faculty and academic staff from bargaining, and that enabling legislation is not necessary for bargaining to occur. Regent Flores remarked that, since the law identifying those who may bargain collectively does not include faculty and academic staff, by implication those not included are not allowed to bargain collectively. In response to a question by Regent Budzinski, Dr. Toivola stated that she would not characterize as adversarial the relationship between the System and those wanting collective bargaining, since all share the objective of a strong university. However, there is frustration about lack of participation by faculty and academic staff in issues of great concern to them. Regent Budzinski asked if Dr. Toivola would foresee any decrease in loyalty, professionalism or performance if collective bargaining were allowed. Dr. Toivola predicted that the opposite would occur, in that collective bargaining would empower faculty and academic staff and would have a positive effect. In response to a question by Regent Dreyfus, Dr. Toivola stated the 27 view that collective bargaining would be compatible with shared governance because the two systems would deal with different subjects. Regent Dreyfus noted that faculty and staff then would be involved in selecting management officials with whom they would bargain. One view, he pointed out, is that shared governance and collective bargaining are two different approaches which should not co-exist. In response to a question by Regent Gundersen, Dr. Toivola indicated that has about 1,100 members. There were about 1,000 signatures on the petitions, not all of whom were members. In response to a question by Regent Schilling, Dr. Toivola indicated that has more faculty members than academic staff members. The response rate to the survey, which went to all faculty and academic staff on nine campuses, was about 42 percent 1992 Introducing the presentation, Regent President Steil noted that in the spring of 1992 the Board of Regents established the Regents' Teaching Excellence Awards, named for the first year in honor of former Regent President Joyce Erdman, who was instrumental in initiating the award as part of the System's continuing commitment to teaching and learning, to the use of highly effective teaching strategies, and to the impact that faculty have on the intellectual development of students. Regent Krutsch chaired the Awards Committee, joined by Regent Flores and Regent Emeritus Clusen. The Committee announced two awardees: Professor Maxwell Schoenfeld of UW-Eau Claire's Department of History who was honored at the September 1992 Board Meeting; and Professor Robert Burrows, of UW-Whitewater's Department of English, who recently returned from a semester as Exchange Professor of English at the Universitat Klagenfurt in Austria. President Steil welcomed Regent Emeritus Clusen to present the award to Professor Burrows. Regent Emeritus Clusen introduced Professor Burrows and presented him with a plaque in recognition of his accomplishments. In speaking of the reasons for his selection to receive the award, she cited his commitment and love of teaching, unusual creativity, impressive breadth of knowledge, and his ability to inspire the minds and influence the lives of his students. Professor Burrows spoke about how his students' \"spirit and character\" made teaching in the System such a \"challenging and rewarding life,\" and of the value of the professional and personal friendships that he has built over the years at UW-Whitewater. He identified six convictions that have influenced his teaching--belief in: the paramount importance of education for the well-being of society; the significance of teaching; the humanizing effect of great literature; the 28 importance of hard work; the importance of carrying a zest for life into the classroom; and students, themselves, and their eager search for values by which to live. He ended his comments with an appeal to the Board to continue to provide faculty with incentives for study and research and to recognize teaching as a primary function of the entire university. On behalf of the Board of Regents, President Steil expressed gratitude to Professor Burrows for his devotion to the university, his students and his profession. - - - At 12:10 p.m., the following resolution, moved by Regent Nicholas, was adopted unanimously on a roll-call vote, with Regents Barry, Budzinski, Davis, Flores, Gelatt, Grebe, Hirsch, Krutsch, Lubar, Nicholas and Steil (11) voting in the affirmative. There were no negative votes nor abstentions. Resolution 6331: That the Board of Regents recess into closed session for consideration of personnel matters, as permitted by s. 19.85(1)(c), Wis. Stats., including possible action on an extension of a leave of absence for more than initial two years for a faculty member at UW-Stevens Point, and a recommended dismissal for cause of a faculty member at UW-Milwaukee; to consider personal histories, as permitted by s. 19.85(f), Wis. Stats., including naming of a building at UW-Madison, possible action on appointments to the UW-Green Bay, UW-Milwaukee and UW-Superior Boards of Visitors, and honorary degree nominations at UW-Milwaukee, UW-River Falls, UW-Stout and UW-Superior; and to confer with legal counsel on pending or potential litigation, as permitted by s. 19.85(1)(g), Wis. Stats The Board arose from closed session at 1:00 p.m. and reported the following actions: Extension of Leave of Absence, UW-Stevens Point Resolution 6332: That, upon recommendation of the Chancellor of the University of Wisconsin-Stevens Point and the President of the University of Wisconsin System, the leave of absence for Associate Professor James M. Haney, Division of Communication, University of Wisconsin-Stevens Point, be extended through January 11, 1995. 29 Appointments to Board of Visitors, UW-Green Bay Resolution 6333: That, upon the recommendation of the Chancellor at UW-Green Bay and the President of the University of Wisconsin System, the following persons be appointed to the UW-Green Bay Board of Visitors for terms ending June 1994: John Gibson Leonard Weis Appointments to Board of Visitors, UW-Superior Resolution 6334: That, upon the recommendation of the Chancellor at UW-Superior and the President of the University of Wisconsin System, the following persons be appointed to the UW-Superior Board of Visitors for terms ending February 1996: Mr. Ronald V. Anderson Ms. Kathleen L. Boyle Ms. Barbara Hall Appointment to Board of Visitors, UW-Milwaukee Resolution 6335: That, upon the recommendation of the Chancellor at UW-Milwaukee and the President of the University of Wisconsin System, Daniel D. Fetterley be appointed to the UW-Milwaukee Board of Visitors for a term ending June 1995. Honorary Degree Nomination, UW-Milwaukee Resolution 6336: That, upon the recommendation of the UW-Milwaukee Chancellor and the President of the University of Wisconsin System, Reverend Leon Howard Sullivan be awarded the Honorary Degree of Doctor of Social Welfare at UW-Milwaukee. Recommended Dismissal for Cause of Faculty Member, UW-Milwaukee Resolution 6337: Upon review of the statement of charges and recommendation of the UW-Milwaukee Chancellor, the faculty member having waived all hearing and appeal rights, the Board of Regents does hereby dismiss for cause Associate Professor Gary Schlappal. The dismissal is effective this 5th day of February 1993. - - - 30 The meeting was adjourned at 1:00 p.m. Judith A. Temby, Secretary February 25, 1993 31"} |
7,225 | William E. Korf | Ball State University | [
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] | {"7225_101.pdf": "William E. Korf, Plaintiff-appellant, v. Ball State University; Board of Trustees, of Ball Stateuniversity; Robert P. Bell, Individually and in Hiscapacity As President of Ball State University; Willparker, Individually and in His Capacity As President of Theboard of Trustees of Ball State University; Frank A.bracken, Individually and in His Capacity As Vice-presidentof the Board of Trustees of Ball State University; James P.garretson, Individually and in His Capacity As Secretary Ofthe Board of Trustees of Ball State University; Dorothy S.o'maley, Individually As in Her Capacity As Assistantsecretary of the Board of Trustees of Ball State University;james W. Parks, Individually and in His Capacity As Amember of the Board of Trustees of Ball State University;jack Peckinpaugh, Individually and in His Capacity As Amember of the Board of Trustees of Ball State University;t. Edwin Schouweiler, Individually and in His Capacity As Amember of the Board of Trustees of Ball State University;christy A. Swing, Individually and in Her Capacity As Amember of the Board of Trustees of Ball State University,defendants- appellees, 726 F.2d 1222 (7th Cir. 1984 Court of Appeals for the Seventh Circuit - 726 F.2d 1222 (7th Cir. 1984) Argued Oct. 18, 1983. Decided Feb. 8, 1984. As Amended Feb. 15, 1984 Richard J. Swanson, Segal & Macey, Indianapolis, Ind., for plaintiff-appellant. Jon H. Moll, DeFur, Voran, Hanley, Radcliff & Reed, Muncie, Ind., for defendants- appellees. Before and COFFEY, Circuit Judges, and DUMBAULD, Senior District Judge. COFFEY, Circuit Judge. * Dr. William E. Korf appeals the district court's decision granting summary judgment to the defendants in an action brought by Dr. Korf following his termination as a tenured Associate Professor of Music History and Musicology at Ball State University, Muncie, Indiana. On appeal Dr. Korf argues that the entry of summary judgment was an improper denial of his due process and equal protection claims, and his challenge to the defendants' qualified immunity. Dr. Korf also argues that the district court abused its discretion in denying him the opportunity to conduct further discovery and in holding that the Eleventh Amendment provides defendants with immunity from prospective and injunctive relief. We AFFIRM. In February, 1981, Dr. Korf was informed by Lloyd Nelson, Dean of Ball State's College of Fine and Applied Arts, that certain of his current and former male students had accused him of sexual harassment. The students alleged that the harassment consisted of Dr. Korf's making unwelcomed sexual advances towards them and offering good grades contingent upon sexual involvement. Dean Nelson informed Dr. Korf that he intended to commence termination proceedings against him, and provided him the opportunity to resign. Dr. Korf denied the accusations and refused to resign. In accordance with established procedures, a committee was formed to investigate the charges. On April 2, 1981, the committee concluded that sufficient grounds existed to institute formal termination proceedings against Dr. Korf. The president of Ball State, Dr. Robert P. Bell, reviewed the committee's recommendation and informed Dr. Korf of the committee's findings. Based on those findings, on April 24, 1981, Dr. Bell told Dr. Korf that formal termination proceedings were being commenced and that he had the right to a hearing before an ad hoc hearing committee, drawn from the University Senate Judicial Committee, to determine whether or not Dr. Korf should be removed from his position. Dr. Korf requested a hearing and the University complied with his request on May 20, 1981. At that hearing, a student related the relationship he had had with Dr. Korf and testified that Dr. Korf gave him money and gifts in exchange for sexual acts. In addition, the student alleged that he was promised good grades. While denying that grades were involved, Dr. Korf admitted his sexual involvement with this student. The committee also heard testimony from three individuals and had statements of four other individuals who recounted Dr. Korf's sexual advances towards them while or after they were his students. On May 21, 1981, the committee made the following findings: 1 \"Based on the evidence provided at the hearing on May 20, 1981, we find Dr. William E. Korf guilty of unethical conduct because he used his position and influence as a teacher to exploit students for his private advantage. The evidence indicates a pattern of behavior in which he frequently built a personal, friendly relationship, followed by sexual advances, often in his home. \"This pattern was evidenced by the testimony of six (6) witnesses who were either present or submitted signed statements ... and by two (2) individuals who made statements to the Affirmative Action Officer .... These eight (8) people are current or former students in one or more of Dr. Korf's classes. \"We find insufficient evidence to support the allegation that Dr. Korf encouraged dishonest academic conduct.\" The committee based its finding that Dr. Korf engaged in unethical conduct on paragraph 2 of the American Association of University Professors (\"AAUP\") Statement on Professional Ethics which was adopted by Ball State University in 1967 and published in its Faculty Handbook. Even though the committee found Dr. Korf guilty of unethical conduct, they recommended only that Dr. Korf be placed on a three-year period of probation, rather than discharged, because they did not feel that he had been provided \"ample warning and opportunity for behavioral change.\" Pursuant to established procedures, the Board of Trustees was presented with the hearing committee's report. After hearing arguments from University representatives and counsel for Dr. Korf on July 6, 1981, the Trustees agreed with the committee's finding of unethical conduct but refused to accept the committee's disciplinary recommendation of three years probation and directed that the committee's report and recommendations be returned to them for reconsideration. Upon reconsideration, the hearing committee, after a \"close re- examination of the statement of ethics in the Faculty Handbook \" and because of the realistic unenforceability of some of the proposed conditions of probation, reversed its prior recommendation of probation and recommended that Dr. Korf be discharged from the University. Based upon this recommendation the Trustees terminated Dr. Korf's employment on July 24, 1981. Dr. Korf initiated this action under 42 U.S.C. \u00a7 1983 on May 21, 1982, seeking both legal and equitable relief. The six-count complaint alleged violations of Dr. Korf's constitutional rights to substantive and procedural due process, equal protection, free speech, freedom of association, and privacy, along with state law claims for breach of his employment contract and infliction of emotional distress. The defendants filed a motion to dismiss alleging that: 2 3 (1) they possessed immunity both under the Eleventh Amendment and the doctrine of qualified immunity; (2) none of Dr. Korf's constitutional rights were violated; and (3) Dr. Korf's employment contract was not breached and his emotional distress claim was insufficient. The motion was accompanied by an affidavit from the President of the Ball State University Board of Trustees delineating the basis for Dr. Korf's termination. Attached to the affidavit was the transcript of the formal hearing and all the exhibits presented. On August 5, 1982, Dr. Korf moved for a continuance to allow him to respond to the defendants' motion to dismiss until after discovery. Alternatively, he moved for an enlargement of time to respond to the defendants' motion. The court granted his alternative motion. On March 11, 1983 the district court granted defendants summary judgment on Dr. Korf's constitutional and state law claims. The court concluded that Ball State University was an instrumentality of the State of Indiana for the purposes of the Eleventh Amendment and therefore the University, its Board of Trustees and the individual defendants in their official capacities were immune from suit under Sec. 1983. Because the affidavits presented on Dr. Korf's behalf failed to provide any evidence sufficient to create a genuine question whether the individual defendants acted in bad faith, the court also ruled that the defendants were immune from Sec. 1983 liability under the doctrine of qualified or \"good faith\" immunity. The main question we must decide is whether or not the district court committed error in granting the defendants' motion for summary judgment. Dr. Korf contends that since there were disputed issues of material fact concerning his substantive due process and equal protection claims, summary judgment was improper. Dr. Korf also argues that even if he has not created genuine issues of material fact regarding these constitutional claims, the trial court erred by failing to grant him sufficient time to conduct the necessary discovery to prove that the University's regulations were applied against him arbitrarily. Rule 56 of the Federal Rules of Civil Procedure provides that summary judgment shall be granted if the record shows that \"there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.\" It is clear that the party moving for summary judgment has the burden of establishing that there is no genuine issue of material fact. Egger v. Phillips, 710 F.2d 292, 296 (7th Cir. 1983); Rose v. Bridgeport Brass Co., 487 F.2d 804 (7th Cir. 1973). \"For the purpose of determining whether any material fact remains disputed 'the inferences to be drawn from the underlying facts ... must be viewed in the light most favorable to the party opposing the motion.' \" Fitzsimmons v. Best, 528 F.2d 692, 694 (7th Cir. 1976) (quoting United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S. Ct. 993, 994, 8 L. Ed. 2d 176 (1962)). These 4 5 inferences must, however, be reasonably drawn. Posey v. Skyline Corp., 702 F.2d 102, 104 (7th Cir. 1983). \"To create a question of fact, an adverse party responding to a properly made and supported summary judgment motion must set forth specific facts showing that there is a genuine issue for trial party may not rest on mere allegations or denials of his pleadings; similarly, a bare contention that an issue of fact exists is insufficient to raise a factual issue.\" Id. at 105 (citations omitted). The existence of a factual dispute does not necessarily preclude summary judgment unless \"the disputed fact is outcome determinative under the governing law.\" Egger v. Phillips, 710 F.2d at 296 material issue of fact is one that affects the outcome of the litigation and requires a trial to resolve the parties' differing versions of the truth.\" Admiralty Fund v. Hugh Johnson & Co., 677 F.2d 1301, 1306 (9th Cir. 1982). It is against this procedural background regarding the propriety of summary judgment that we must examine Dr. Korf's claims concerning the existence of material issues of fact relevant to his constitutional claims. Dr. Korf argues that the record contains issues of material fact as to \"whether he could have had adequate notice\" of Ball State's \"asserted prohibition of consensual sexual relations between faculty members and students.\" Dr. Korf does not contend he was unaware of the University's proscription of unethical faculty conduct; rather, he argues that the Statement on Professional Ethics could not be reasonably interpreted to include what he labels \"consensual sexual relationships\" with students but which the Hearing Committee expressly found to be \"unethical behavior of exploiting students for his private advantage.\" In support of his opposition to defendants' summary judgment motion, Dr. Korf failed to allege any specific facts which would tend to create a genuine issue challenging the reasonableness of the interpretation given to the Statement of Professional Ethics, paragraph 2, by his faculty peers on the Hearing Committee. While Dr. Korf argues that he was not \"adequately put on notice\" because he was the first Ball State University faculty member ever disciplined for conduct such as his or, for that matter, any unethical conduct, the only logical basis for this argument is that if another professor had previously been dismissed for conduct similar to his, Dr. Korf would have definitely known that his conduct would warrant discipline. The plaintiff-appellant has failed to cite any caselaw setting forth a constitutional requirement that such notice be provided to would-be offenders. Common sense, reason and good judgment should have made him cognizant of the fact that his conduct could and would be cause for termination. One cannot be heard to complain that it is somehow unfair to be the first one disciplined under a particular law, rule or regulation since if that were the case, no new law, rule or regulation could ever be enforced. Dr. Korf also alleges that other \"private and consensual\" faculty/student sexual relationships had occurred and were presently occurring at Ball State University and that no steps had ever been taken against the faculty members allegedly involved. This argument also misses the mark. First, despite Dr. Korf's repeated characterization of his conduct as \"private and consensual,\" the faculty Hearing Committee found that he engaged in unethical behavior by \"exploiting students for his private advantage.\" Therefore, \"consensual\" sexual activity is not at issue as it does not concern a fact which is \"outcome determinative under the governing law.\" Egger v. Phillips, 710 F.2d at 296. In any event, while there is no evidence that the young student Dr. Korf admitted having a sexual relationship with did not consent to engage in sexual activity with him, Dr. Korf's conduct is not to be viewed in the same context as would conduct of an ordinary \"person on the street.\" Rather, it must be judged in the context of the relationship existing between a professor and his students within an academic environment. University professors occupy an important place in our society and have concommitant ethical obligations. The Statement on Professional Ethics makes this clear: \"1.) The professor, guided by a deep conviction of the worth and dignity of the advancement of knowledge, recognizes the special responsibilities placed upon him.... \"2.) ... He demonstrates respect for the student as an individual and adheres to his proper role as intellectual guide and counselor....\" Ball State University Faculty Handbook at II-7. Furthermore, the Committee heard evidence of Dr. Korf's sexual advances towards seven students who refused his advances. One student recounted how he had to be \"very assertive to get away from Dr. Korf's amorous advances.\" Such conduct certainly cannot be characterized as consensual sexual activity. Second, even if such alleged relationships between other faculty and students were relevant, all Dr. Korf has done is make bare assertions of faculty-student sexual relationships without any detailed information, much less supporting affidavits or proof. He must set forth specific facts in order to create a genuine issue of fact. Posey v. Skyline Corp., 702 F.2d at 105. Dr. Korf further argues that it is significant that the Statement on Professional Ethics relied upon by the Board of Trustees as the basis for his termination does not make any reference to sexual conduct. While his observation that the statement does not specifically mention sexual conduct is correct, his conclusion regarding the omission's 6 significance is misplaced and is contrary to reason and common sense. As is the case with other laws, codes and regulations governing conduct, it is unreasonable to assume that the drafters of the Statement on Professional Ethics could and must specifically delineate each and every type of conduct (including deviant conduct) constituting a violation. Nor have we been cited any case reciting that the language of the Constitution requires such precision. \" [I]t is not feasible or necessary ... to spell out in detail all that conduct which will result in retaliation. The most conscientious of codes that define prohibited conduct of employees include 'catchall' clauses prohibiting employee 'misconduct,' 'immorality,' or 'conduct unbecoming.' \" Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. 1968); modified, 425 F.2d 469 (D.C. Cir. 1969); aff'd en banc, 425 F.2d 472 (D.C. Cir. 1969). See also Arnett v. Kennedy, 416 U.S. 134, 158-162, 94 S. Ct. 1633, 1646-1648, 40 L. Ed. 2d 15 (1974) (statute authorizing removal or suspension of federal employees \"for such cause as will promote the efficiency of the service\" is not vague or overbroad). The lack of specific reference to sexual conduct in the Statement on Professional Ethics does not bar its application to Dr. Korf's conduct. The Hearing Committee and the Board of Trustees relied upon that portion of the Statement warning against \"any exploitation of students for ... private advantage\" in reaching their decision to terminate Dr. Korf. Dr. Korf argues that this portion of the statement only prohibits the use of student research or assistance in an improper manner because this portion of the statement ends by stating \"and acknowledges significant academic assistance from them.\" Construing \"exploitation of students for ... private advantage\" to include Dr. Korf's conduct was entirely reasonable. The narrow construction Dr. Korf asks us to accept is contrary to the express language of the provision as it proscribes \"any exploitation of students\" rather than merely \"academic exploitation of students.\" We agree with his academic peers on the Hearing Committee and the Board of Trustees in their application of this provision of the Statement of Professional Ethics to Dr. Korf's conduct. They were well-qualified to interpret the Statement of Professional Ethics as well as to determine what is and is not acceptable faculty conduct within an academic setting. Furthermore, while the Hearing Committee based their initial recommendation on the particular portion of the Statement barring \"exploitation of students ... for private advantage,\" they explained that they changed their recommendation after they undertook a \"close re-examination of the Statement of Ethics in the Faculty Handbook.\" The pertinent paragraph of the Statement of Professional Ethics also states that a professor \"demonstrates respect for the student as an individual and adheres to his proper role as intellectual guide and counselor.\" It is patently clear that Dr. Korf's conduct was also inconsistent with this provision of the Statement. In sum, Dr. Korf's arguments merely consist of generalized allegations disparaging the reasonableness of the interpretation given to the Statement by the Hearing Committee and the Board of Trustees. Our examination of the record reveals no \"genuine issue of material fact\" precluding disposition of his substantive due process claim by summary judgment. When the record is viewed in the light most favorable to Dr. Korf, his bald allegations do not meet that standard of proof necessary to create a genuine issue of material fact as to whether he \"had adequate notice of the standard of conduct to which he was being held.\" The facts and circumstances clearly demonstrate that he should have understood both the standards to which he was being held and the consequences of his conduct. Dr. Korf merely asserts that he was not afforded notice and thereby contends that an issue of fact exists. This assertion alone is \"insufficient to raise a factual issue.\" Posey v. Skyline Corp., 702 F.2d at 105. Because of Dr. Korf's failure to allege any specific facts in support of his alleged lack of notice his substantive due process claim was ripe for summary judgment since \"there [was] no genuine issue as to any material fact ....\" Fed. R. Civ. P. 56(c). We also agree with the conclusions of law reached by the district court regarding the substantive due process issue and the court's express finding that \"it cannot be seriously maintained that Dr. Korf's conduct was not clearly proscribed by University Regulations.\" \"The claim that a person is entitled to 'substantive due process' means, as we understand the concept, that state action which deprives him of life, liberty, or property must have a rational basis--that is to say, the reason for the deprivation may not be so inadequate that the judiciary will characterize it as 'arbitrary.' \" Jeffries v. Turkey Run Consolidated School District, 492 F.2d 1, 3-4 (7th Cir. 1974). We have no difficulty whatsoever concluding that Dr. Korf's termination was not \"arbitrary\" since the reasons for his termination were adequate. The University's interpretation of the Statement was entirely reasonable and rationally related to the duty of the University to provide a proper academic environment. \" [A] University has a right, and indeed a duty, to take all reasonable and lawful measures to prevent activities which adversely intrude into the teaching process or which might adversely affect the University's image and reputation. It has a right to expect and demand the highest standards of personal behavior and teaching performance from its teachers and professors. It does not have to settle for less.\" Naragon v. Wharton, 572 F. Supp. 1117, 1121 (M.D. La. 1983 university did not violate the constitutional rights of a graduate assistant when it changed her assignment from teaching to research after discovering that she had had a homosexual relationship with a student who was not in her classes.) We hold that the district court properly granted summary judgment to the defendants on Dr. Korf's substantive due process claim. Dr. Korf's allegations contending that disputed issues of material fact exist which should have precluded summary judgment on his equal protection claim suffer the same infirmities as his allegations regarding his substantive due process claim. Simply put, his allegations when viewed in a light most favorable to him, do not create a genuine issue of material fact as to whether the University selectively enforced its regulations against him. Dr. Korf again incorrectly premises his arguments on involvement in \"consensual sexual relations\" and merely alleges selective enforcement without providing us with any specific facts to support that claim. We do not agree with Dr. Korf's argument that he was terminated for his untraditional sexual preferences, since he was in fact terminated for his unethical conduct in violation of the Statement of Professional Ethics as a result of sexual advances toward his students. The record fails to even suggest that the University would hesitate to discharge a professor who acted in a manner similar to Dr. Korf but directed his or her advances towards students of the opposite sex rather than the same sex. Since Dr. Korf, \"neither asserted nor established the existence of any suspect classification or the deprivation of any fundamental constitutional right ... the only inquiry is whether the State's [action] is 'rationally related to the State's objective.' \" Harrah Independent School Dist. v. Martin, 440 U.S. 194, 199, 99 S. Ct. 1062, 1064, 59 L. Ed. 2d 248 (1979) (citation omitted, quoting Massachusetts Bd. of Retirement v. Murgia, 427 U.S. 307, 315, 96 S. Ct. 2562, 2568, 49 L. Ed. 2d 520 (1976)). Clearly, Ball State University's action in this instance was rationally related to its responsibility to establish and maintain high ethical standards within the University in order to maintain a proper academic environment. In this case we do not see any evidence of the \"intentional invidious discrimination by the state against persons similarly situated\" which the Equal Protection Clause exists to protect. Ciechon v. City of Chicago, 686 F.2d 511, 522-23 (7th Cir. 1982). We hold that Dr. Korf's equal protection claim has no legal or factual basis and that the district court properly granted summary judgment to defendants on this claim. Finally, Dr. Korf maintains that even if he did not present sufficient evidence to create a genuine issue of material fact with regard to his equal protection claim, the district court abused its discretion in denying his Federal Rule of Civil Procedure 56(f) motion for further discovery before responding to the University's motion for summary judgment. Rule 56(f) 7 of the Federal Rules of Civil Procedure envisions a situation such as this where summary judgment is sought prior to the initiation of discovery. \"Subsection (f) allows a party who 'has no specific material contradicting his adversary's presentation to survive a summary judgment motion if he presents valid reasons justifying his failure of proof.' \" Wallace v. Brownell Pontiac Co., Inc., 703 F.2d 525, 527 (11th Cir. 1983) (quoting 10 Wright, Miller, & Kane, Federal Practice and Procedure Sec. 2740 at 530 (2d ed. 1983)). In Lamb's Patio Theatre v. Universal Film Exchanges, 582 F.2d 1068 (7th Cir. 1978), our court quoted with approval the Eighth Circuit's reasoning on the showing required for a party to succeed in a Rule 56(f) motion: \"Rule 56(f) is not a shield that can be raised to block a motion for summary judgment without even the slightest showing by the opposing party that his opposition is meritorious party invoking its protections must do so in good faith by affirmatively demonstrating why he cannot respond to a movant's affidavits ... and how postponement of a ruling on the motion will enable him, by discovery or other means, to rebut the movant's showing of the absence of a genuine issue of fact.\" Id. at 1071 (emphasis added) (quoting Willmar Poultry Co. v. Morton-Norwich Products, Inc., 520 F.2d 289, 297 (8th Cir. 1975), cert. denied, 424 U.S. 915, 96 S. Ct. 1116, 47 L. Ed. 2d 320 (1976)). See also S.E.C. v. Spence & Green Chemical Co., 612 F.2d 896 (5th Cir. 1980), cert. denied, 449 U.S. 1082, 101 S. Ct. 866, 66 L. Ed. 2d 806 (1981); Wallace v. Brownell Pontiac Co., Inc., 703 F.2d at 527; Federal Practice and Procedure Sec. 2740 at 530. In his affidavit to the district court, Dr. Korf alleged that due to his lack of time to conduct discovery he was unable to set forth any specific facts to demonstrate that genuine issues for trial existed. He sought to commence discovery concerning: (1) \" [R]elevant University policy and practice with respect to the proper scope of University inquiry into the private sexual relationships of faculty members. (2) \" [W]hether the University has singled out plaintiff, charged with engaging in private and consensual homosexual relationships with University students, for harsher treatment than faculty members who have engaged in heterosexual relationships with University students.\" 8 These foregoing reasons for which Dr. Korf sought discovery are insufficient to warrant the provision of additional time to conduct discovery before responding to the University's summary judgment motion. If his allegations were true he certainly had ample time to allege sufficient specific facts and/or conduct. He failed to provide an adequate explanation to the court as to \"why he [could not] respond to [the University's] affidavits ....\" Lamb's Patio Theatre v. Universal Film Exchanges, 582 F.2d at 1071. Furthermore, both of the reasons he sets forth in seeking discovery related to \"private sexual relationships.\" Since the discharge of Dr. Korf was not predicated upon his engaging in \"private sexual relationships,\" but unethical conduct by exploiting students for his private advantage, such discovery is completely irrelevant to his equal protection claim and would amount to no more than a fishing expedition. The information sought by Dr. Korf would be of no value to him in rebutting the strong showing made by Ball State University that Dr. Korf was properly terminated from his tenured professor position at the University. The Supreme Court has recently reiterated that unnecessary, broad-ranging discovery is disruptive and that as a consequence insubstantial claims should be resolved by summary judgment. Harlow v. Fitzgerald, 457 U.S. 800, 817-18, 102 S. Ct. 2727, 2738-39, 73 L. Ed. 2d 396 (1982). This language clearly applies to this appeal and we hold that the district court did not abuse its discretion when it denied Dr. Korf's motion to conduct additional discovery. The decision of the district court is AFFIRMED. * The Honorable Edward Dumbauld, Senior District Judge of the United States District Court for the Western District of Pennsylvania, is sitting by designation 1 The relationship began while this student was a seventeen-year-old freshman at the University 2 The statement reads in pertinent part that: \"2. As a teacher, the professor encourages the free pursuit of learning in his students. He holds before them the best scholarly standards of his discipline. He demonstrates respect for the student as an individual and adheres to his proper role as intellectual guide and counselor. He makes every reasonable effort to foster honest academic conduct and to assure that his evaluation of his students reflects their true merits. He respects the confidential nature of the relationship between professor and student. He avoids any 9 exploitation of students for his private advantage and acknowledges significant assistance from them. He protects their academic freedom.\" Ball State University Faculty Handbook at II-7 (Emphasis added). 3 The terms of the recommended probation were: \"1. He will not invite students to his home. \"2. He will not have students living in his home. \"3. He will hold no private meetings with any student without leaving his office, classroom or studio door open. \"4. He will be excluded from consideration for promotion. \"5. He will be ineligible for merit pay consideration. \"6. He will periodically be reviewed by appropriate administrators.\" 4 While treating that portion of the defendants' motion to dismiss because of immunity as a motion to dismiss, the court treated that portion of their motion relating to plaintiff's state law and constitutional claims as one for summary judgment since defendants' contentions were supported by documents outside the pleadings 5 The parties had previously stipulated to the dismissal of one of the plaintiff's due process claims and plaintiff's emotional distress claim on December 13, 1982 6 The pertinent portion of the statement is reprinted in note 2, supra 7 As we have previously stated, the district court granted Dr. Korf's alternative motion for a continuance of time to respond. The plaintiff actually did commence discovery on December 17, 1982. However, the defendants moved to stay discovery on January 1, 1983. The court never formally acted upon the motion to stay discovery but granted it sub silentio when granting defendants' summary judgment motion on March 11, 1983 8 Subsection (f) provides that: \"When affidavits are unavailable. Should it appear from the affidavits of a party opposing the motion that he cannot for reason stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.\" 9 Since we find no substance in Dr. Korf's constitutional claims against the defendants, we find it unnecessary to address his challenge to the district court's rulings concerning defendant's immunity 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.", "7225_102.pdf": "726 F.2d 1222 16 Ed. Law Rep. 26 William E. KORF, Plaintiff-Appellant, v UNIVERSITY; Board of Trustees, of Ball State University; Robert P. Bell, individually and in his capacity as President of Ball State University; Will Parker, individually and in his capacity as President of the Board of Trustees of Ball State University; Frank A. Bracken, individually and in his capacity as Vice-President of the Board of Trustees of Ball State University; James P. Garretson, individually and in his capacity as Secretary of the Board of Trustees of Ball State University; Dorothy S. O'Maley, individually as in her capacity as Assistant Secretary of the Board of Trustees of Ball State University; James W. Parks, individually and in his capacity as a member of the Board of Trustees of Ball State University; Jack Peckinpaugh, individually and in his capacity as a member of the Board of Trustees of Ball State University; T. Edwin Schouweiler, individually and in his capacity as a member of the Board of Trustees of Ball State University; Christy A. Swing, individually and in her capacity as a member of the Board of Trustees of Ball State University, Defendants-Appellees. No. 83-1625. United States Court of Appeals, Seventh Circuit. Argued Oct. 18, 1983. Decided Feb. 8, 1984. As Amended Feb. 15, 1984. Richard J. Swanson, Segal & Macey, Indianapolis, Ind., for plaintiff-appellant. Jon H. Moll, DeFur, Voran, Hanley, Radcliff & Reed, Muncie, Ind., for defendants-appellees. Before and COFFEY, Circuit Judges, and DUMBAULD, Senior District Judge.* COFFEY, Circuit Judge. Dr. William E. Korf appeals the district court's decision granting summary judgment to the defendants in an action brought by Dr. Korf following his termination as a tenured Associate Professor of Music History and Musicology at Ball State University, Muncie, Indiana. On appeal Dr. Korf argues that the entry of summary judgment was an improper denial of his due process and equal protection claims, and his challenge to the defendants' qualified immunity. Dr. Korf also argues that the district court abused its discretion in denying him the opportunity to conduct further discovery and in holding that the Eleventh Amendment provides defendants with immunity from prospective and injunctive relief. We AFFIRM. 1 \u00ab up I. In February, 1981, Dr. Korf was informed by Lloyd Nelson, Dean of Ball State's College of Fine and Applied Arts, that certain of his current and former male students had accused him of sexual harassment. The students alleged that the harassment consisted of Dr. Korf's making unwelcomed sexual advances towards them and offering good grades contingent upon sexual involvement. Dean Nelson informed Dr. Korf that he intended to commence termination proceedings against him, and provided him the opportunity to resign. Dr. Korf denied the accusations and refused to resign. In accordance with established procedures, a committee was formed to investigate the charges. On April 2, 1981, the committee concluded that sufficient grounds existed to institute formal termination proceedings against Dr. Korf. 2 The president of Ball State, Dr. Robert P. Bell, reviewed the committee's recommendation and informed Dr. Korf of the committee's findings. Based on those findings, on April 24, 1981, Dr. Bell told Dr. Korf that formal termination proceedings were being commenced and that he had the right to a hearing before an ad hoc hearing committee, drawn from the University Senate Judicial Committee, to determine whether or not Dr. Korf should be removed from his position. Dr. Korf requested a hearing and the University complied with his request on May 20, 1981. 3 At that hearing, a student related the relationship he had had with Dr. Korf and testified that Dr. Korf gave him money and gifts in exchange for sexual acts.1 In addition, the student alleged that he was promised good grades. While denying that grades were involved, Dr. Korf admitted his sexual involvement with this student. The committee also heard testimony from three individuals and had statements of four other individuals who recounted Dr. Korf's sexual advances towards them while or after they were his students. 4 On May 21, 1981, the committee made the following findings: 5 \"Based on the evidence provided at the hearing on May 20, 1981, we find Dr. William E. Korf guilty of unethical conduct because he used his position and influence as a teacher to exploit students for his private advantage. The evidence indicates a pattern of behavior in which he frequently built a personal, friendly relationship, followed by sexual advances, often in his home. 6 \"This pattern was evidenced by the testimony of six (6) witnesses who were either present or submitted signed statements ... and by two (2) individuals who made statements to the Affirmative Action Officer .... These eight (8) people are current or former students in one or more of Dr. Korf's classes. 7 \"We find insufficient evidence to support the allegation that Dr. Korf encouraged dishonest academic conduct.\" 8 The committee based its finding that Dr. Korf engaged in unethical conduct on paragraph 2 of the American Association of University Professors (\"AAUP\") Statement on Professional Ethics which was adopted by Ball State University in 1967 and published in its Faculty Handbook.2 Even though the committee found Dr. Korf guilty of unethical conduct, they recommended only that Dr. Korf be placed on a three-year period of probation, rather than discharged, because they did not feel that he had been provided \"ample warning and opportunity for behavioral change.\" 9 Pursuant to established procedures, the Board of Trustees was presented with the hearing committee's report. After hearing arguments from University representatives and counsel for Dr. Korf on July 6, 1981, the Trustees agreed with the committee's finding of unethical conduct but refused to accept the committee's disciplinary recommendation of three years probation and directed that the committee's report and recommendations be returned to them for reconsideration. Upon reconsideration, the hearing committee, after a \"close re-examination of the statement of ethics in the Faculty Handbook \" and because of the realistic unenforceability of some of the proposed conditions of probation,3 reversed its prior recommendation of probation and recommended that Dr. Korf be discharged from the University. Based upon this recommendation the Trustees terminated Dr. Korf's employment on July 24, 1981. 10 \u00ab up II. III. Dr. Korf initiated this action under 42 U.S.C. Sec. 1983 on May 21, 1982, seeking both legal and equitable relief. The six-count complaint alleged violations of Dr. Korf's constitutional rights to substantive and procedural due process, equal protection, free speech, freedom of association, and privacy, along with state law claims for breach of his employment contract and infliction of emotional distress. The defendants filed a motion to dismiss alleging that: (1) they possessed immunity both under the Eleventh Amendment and the doctrine of qualified immunity; (2) none of Dr. Korf's constitutional rights were violated; and (3) Dr. Korf's employment contract was not breached and his emotional distress claim was insufficient. The motion was accompanied by an affidavit from the President of the Ball State University Board of Trustees delineating the basis for Dr. Korf's termination. Attached to the affidavit was the transcript of the formal hearing and all the exhibits presented. On August 5, 1982, Dr. Korf moved for a continuance to allow him to respond to the defendants' motion to dismiss until after discovery. Alternatively, he moved for an enlargement of time to respond to the defendants' motion. The court granted his alternative motion. 11 On March 11, 1983 the district court granted defendants summary judgment4 on Dr. Korf's constitutional and state law claims.5 The court concluded that Ball State University was an instrumentality of the State of Indiana for the purposes of the Eleventh Amendment and therefore the University, its Board of Trustees and the individual defendants in their official capacities were immune from suit under Sec. 1983. Because the affidavits presented on Dr. Korf's behalf failed to provide any evidence sufficient to create a genuine question whether the individual defendants acted in bad faith, the court also ruled that the defendants were immune from Sec. 1983 liability under the doctrine of qualified or \"good faith\" immunity. 12 The main question we must decide is whether or not the district court committed error in granting the defendants' motion for summary judgment. Dr. Korf contends that since there were disputed issues of material fact concerning his substantive due process and equal protection claims, summary judgment was improper. Dr. Korf also argues that even if he has not created genuine issues of material fact regarding these constitutional claims, the trial court erred by failing to grant him sufficient time to conduct the necessary discovery to prove that the University's regulations were applied against him arbitrarily. 13 Rule 56 of the Federal Rules of Civil Procedure provides that summary judgment shall be granted if the record shows that \"there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.\" It is clear that the party moving for summary judgment has the burden of establishing that there is no genuine issue of material fact. Egger v. Phillips, 710 F.2d 292, 296 (7th Cir.1983); Rose v. Bridgeport Brass Co., 487 F.2d 804 (7th Cir.1973). \"For the purpose of determining whether any material fact remains disputed 'the inferences to be drawn from the underlying facts ... must be viewed in the light most favorable to the party opposing the motion.' \" Fitzsimmons v. Best, 528 F.2d 692, 694 (7th Cir.1976) (quoting United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962)). These inferences must, however, be reasonably drawn. Posey v. Skyline Corp., 702 F.2d 102, 104 (7th Cir.1983). 14 \"To create a question of fact, an adverse party responding to a properly made and supported summary judgment motion must set forth specific facts showing that there is a genuine issue for trial party may not rest on mere allegations or denials of his pleadings; similarly, a bare contention that an issue of fact exists is insufficient to raise a factual issue.\" 15 Id. at 105 (citations omitted). The existence of a factual dispute does not necessarily preclude summary judgment unless \"the disputed fact is outcome determinative under the governing law.\" Egger v. Phillips, 710 F.2d at 296 material issue of fact is one that affects the outcome of the litigation and requires a trial to resolve the parties' differing versions of the truth.\" Admiralty Fund v. Hugh Johnson & Co., 677 F.2d 1301, 1306 (9th Cir.1982). It is against this procedural background regarding the propriety of summary judgment that we must examine Dr. Korf's claims concerning the existence of material issues of fact relevant to his constitutional claims. 16 \u00ab up Dr. Korf argues that the record contains issues of material fact as to \"whether he could have had adequate notice\" of Ball State's \"asserted prohibition of consensual sexual relations between faculty members and students.\" Dr. Korf does not contend he was unaware of the University's proscription of unethical faculty conduct; rather, he argues that the Statement on Professional Ethics could not be reasonably interpreted to include what he labels \"consensual sexual relationships\" with students but which the Hearing Committee expressly found to be \"unethical behavior of exploiting students for his private advantage.\" 17 In support of his opposition to defendants' summary judgment motion, Dr. Korf failed to allege any specific facts which would tend to create a genuine issue challenging the reasonableness of the interpretation given to the Statement of Professional Ethics, paragraph 2, by his faculty peers on the Hearing Committee. While Dr. Korf argues that he was not \"adequately put on notice\" because he was the first Ball State University faculty member ever disciplined for conduct such as his or, for that matter, any unethical conduct, the only logical basis for this argument is that if another professor had previously been dismissed for conduct similar to his, Dr. Korf would have definitely known that his conduct would warrant discipline. The plaintiff-appellant has failed to cite any caselaw setting forth a constitutional requirement that such notice be provided to would-be offenders. Common sense, reason and good judgment should have made him cognizant of the fact that his conduct could and would be cause for termination. One cannot be heard to complain that it is somehow unfair to be the first one disciplined under a particular law, rule or regulation since if that were the case, no new law, rule or regulation could ever be enforced. 18 Dr. Korf also alleges that other \"private and consensual\" faculty/student sexual relationships had occurred and were presently occurring at Ball State University and that no steps had ever been taken against the faculty members allegedly involved. This argument also misses the mark. First, despite Dr. Korf's repeated characterization of his conduct as \"private and consensual,\" the faculty Hearing Committee found that he engaged in unethical behavior by \"exploiting students for his private advantage.\" Therefore, \"consensual\" sexual activity is not at issue as it does not concern a fact which is \"outcome determinative under the governing law.\" Egger v. Phillips, 710 F.2d at 296. In any event, while there is no evidence that the young student Dr. Korf admitted having a sexual relationship with did not consent to engage in sexual activity with him, Dr. Korf's conduct is not to be viewed in the same context as would conduct of an ordinary \"person on the street.\" Rather, it must be judged in the context of the relationship existing between a professor and his students within an academic environment. University professors occupy an important place in our society and have concommitant ethical obligations. The Statement on Professional Ethics makes this clear: 19 \"1.) The professor, guided by a deep conviction of the worth and dignity of the advancement of knowledge, recognizes the special responsibilities placed upon him.... 20 \"2.) ... He demonstrates respect for the student as an individual and adheres to his proper role as intellectual guide and counselor....\" 21 Ball State University Faculty Handbook at II-7. Furthermore, the Committee heard evidence of Dr. Korf's sexual advances towards seven students who refused his advances. One student recounted how he had to be \"very assertive to get away from Dr. Korf's amorous advances.\" Such conduct certainly cannot be characterized as consensual sexual activity. Second, even if such alleged relationships between other faculty and students were relevant, all Dr. Korf has done is make bare assertions of faculty-student sexual relationships without any detailed information, much less supporting affidavits or proof. He must set forth specific facts in order to create a genuine issue of fact. Posey v. Skyline Corp., 702 F.2d at 105. 22 Dr. Korf further argues that it is significant that the Statement on Professional Ethics relied upon by the Board of Trustees as the basis for his termination does not make any reference to sexual conduct. While his observation that the statement does not specifically mention sexual conduct is correct,6 his conclusion regarding the omission's significance is misplaced and is contrary to reason and common sense. As is the case with other laws, codes and regulations governing conduct, it is unreasonable to assume that the drafters of the Statement on Professional Ethics could and must specifically delineate each and every type of 23 \u00ab up conduct (including deviant conduct) constituting a violation. Nor have we been cited any case reciting that the language of the Constitution requires such precision. \"[I]t is not feasible or necessary ... to spell out in detail all that conduct which will result in retaliation. The most conscientious of codes that define prohibited conduct of employees include 'catchall' clauses prohibiting employee 'misconduct,' 'immorality,' or 'conduct unbecoming.' \" 24 Meehan v. Macy, 392 F.2d 822, 835 (D.C.Cir.1968); modified, 425 F.2d 469 (D.C.Cir.1969); aff'd en banc, 425 F.2d 472 (D.C.Cir.1969). See also Arnett v. Kennedy, 416 U.S. 134, 158-162, 94 S.Ct. 1633, 1646-1648, 40 L.Ed.2d 15 (1974) (statute authorizing removal or suspension of federal employees \"for such cause as will promote the efficiency of the service\" is not vague or overbroad). The lack of specific reference to sexual conduct in the Statement on Professional Ethics does not bar its application to Dr. Korf's conduct. 25 The Hearing Committee and the Board of Trustees relied upon that portion of the Statement warning against \"any exploitation of students for ... private advantage\" in reaching their decision to terminate Dr. Korf. Dr. Korf argues that this portion of the statement only prohibits the use of student research or assistance in an improper manner because this portion of the statement ends by stating \"and acknowledges significant academic assistance from them.\" Construing \"exploitation of students for ... private advantage\" to include Dr. Korf's conduct was entirely reasonable. The narrow construction Dr. Korf asks us to accept is contrary to the express language of the provision as it proscribes \"any exploitation of students\" rather than merely \"academic exploitation of students.\" We agree with his academic peers on the Hearing Committee and the Board of Trustees in their application of this provision of the Statement of Professional Ethics to Dr. Korf's conduct. They were well-qualified to interpret the Statement of Professional Ethics as well as to determine what is and is not acceptable faculty conduct within an academic setting. Furthermore, while the Hearing Committee based their initial recommendation on the particular portion of the Statement barring \"exploitation of students ... for private advantage,\" they explained that they changed their recommendation after they undertook a \"close re-examination of the Statement of Ethics in the Faculty Handbook.\" The pertinent paragraph of the Statement of Professional Ethics also states that a professor \"demonstrates respect for the student as an individual and adheres to his proper role as intellectual guide and counselor.\" It is patently clear that Dr. Korf's conduct was also inconsistent with this provision of the Statement. 26 In sum, Dr. Korf's arguments merely consist of generalized allegations disparaging the reasonableness of the interpretation given to the Statement by the Hearing Committee and the Board of Trustees. Our examination of the record reveals no \"genuine issue of material fact\" precluding disposition of his substantive due process claim by summary judgment. When the record is viewed in the light most favorable to Dr. Korf, his bald allegations do not meet that standard of proof necessary to create a genuine issue of material fact as to whether he \"had adequate notice of the standard of conduct to which he was being held.\" The facts and circumstances clearly demonstrate that he should have understood both the standards to which he was being held and the consequences of his conduct. Dr. Korf merely asserts that he was not afforded notice and thereby contends that an issue of fact exists. This assertion alone is \"insufficient to raise a factual issue.\" Posey v. Skyline Corp., 702 F.2d at 105. Because of Dr. Korf's failure to allege any specific facts in support of his alleged lack of notice his substantive due process claim was ripe for summary judgment since \"there [was] no genuine issue as to any material fact ....\" Fed.R.Civ.P. 56(c). 27 We also agree with the conclusions of law reached by the district court regarding the substantive due process issue and the court's express finding that \"it cannot be seriously maintained that Dr. Korf's conduct was not clearly proscribed by University Regulations.\" 28 \"The claim that a person is entitled to 'substantive due process' means, as we understand the concept, that state action which deprives him of life, liberty, or property must have a rational basis--that is to say, the reason for the deprivation may not be so inadequate that the judiciary will characterize it as 'arbitrary.' \" 29 Jeffries v. Turkey Run Consolidated School District, 492 F.2d 1, 3-4 (7th Cir.1974). We have no difficulty whatsoever concluding that Dr. Korf's termination was not \"arbitrary\" since the 30 \u00ab up IV. reasons for his termination were adequate. The University's interpretation of the Statement was entirely reasonable and rationally related to the duty of the University to provide a proper academic environment. \"[A] University has a right, and indeed a duty, to take all reasonable and lawful measures to prevent activities which adversely intrude into the teaching process or which might adversely affect the University's image and reputation. It has a right to expect and demand the highest standards of personal behavior and teaching performance from its teachers and professors. It does not have to settle for less.\" 31 Naragon v. Wharton, 572 F.Supp. 1117, 1121 (M.D.La.1983 university did not violate the constitutional rights of a graduate assistant when it changed her assignment from teaching to research after discovering that she had had a homosexual relationship with a student who was not in her classes.) We hold that the district court properly granted summary judgment to the defendants on Dr. Korf's substantive due process claim. 32 Dr. Korf's allegations contending that disputed issues of material fact exist which should have precluded summary judgment on his equal protection claim suffer the same infirmities as his allegations regarding his substantive due process claim. Simply put, his allegations when viewed in a light most favorable to him, do not create a genuine issue of material fact as to whether the University selectively enforced its regulations against him. Dr. Korf again incorrectly premises his arguments on involvement in \"consensual sexual relations\" and merely alleges selective enforcement without providing us with any specific facts to support that claim. 33 We do not agree with Dr. Korf's argument that he was terminated for his untraditional sexual preferences, since he was in fact terminated for his unethical conduct in violation of the Statement of Professional Ethics as a result of sexual advances toward his students. The record fails to even suggest that the University would hesitate to discharge a professor who acted in a manner similar to Dr. Korf but directed his or her advances towards students of the opposite sex rather than the same sex. Since Dr. Korf, 34 \"neither asserted nor established the existence of any suspect classification or the deprivation of any fundamental constitutional right ... the only inquiry is whether the State's [action] is 'rationally related to the State's objective.' \" 35 Harrah Independent School Dist. v. Martin, 440 U.S. 194, 199, 99 S.Ct. 1062, 1064, 59 L.Ed.2d 248 (1979) (citation omitted, quoting Massachusetts Bd. of Retirement v. Murgia, 427 U.S. 307, 315, 96 S.Ct. 2562, 2568, 49 L.Ed.2d 520 (1976)). Clearly, Ball State University's action in this instance was rationally related to its responsibility to establish and maintain high ethical standards within the University in order to maintain a proper academic environment. In this case we do not see any evidence of the \"intentional invidious discrimination by the state against persons similarly situated\" which the Equal Protection Clause exists to protect. Ciechon v. City of Chicago, 686 F.2d 511, 522-23 (7th Cir.1982). We hold that Dr. Korf's equal protection claim has no legal or factual basis and that the district court properly granted summary judgment to defendants on this claim. 36 Finally, Dr. Korf maintains that even if he did not present sufficient evidence to create a genuine issue of material fact with regard to his equal protection claim, the district court abused its discretion in denying his Federal Rule of Civil Procedure 56(f) motion for further discovery before responding to the University's motion for summary judgment.7 Rule 56(f) of the Federal Rules of Civil Procedure envisions a situation such as this where summary judgment is sought prior to the initiation of discovery.8 37 \"Subsection (f) allows a party who 'has no specific material contradicting his adversary's presentation to survive a summary judgment motion if he presents valid reasons justifying his failure of proof.' \" 38 \u00ab up Wallace v. Brownell Pontiac Co., Inc., 703 F.2d 525, 527 (11th Cir.1983) (quoting 10 Wright, Miller, & Kane, Federal Practice and Procedure Sec. 2740 at 530 (2d ed. 1983)). 39 In Lamb's Patio Theatre v. Universal Film Exchanges, 582 F.2d 1068 (7th Cir.1978), our court quoted with approval the Eighth Circuit's reasoning on the showing required for a party to succeed in a Rule 56(f) motion: 40 \"Rule 56(f) is not a shield that can be raised to block a motion for summary judgment without even the slightest showing by the opposing party that his opposition is meritorious party invoking its protections must do so in good faith by affirmatively demonstrating why he cannot respond to a movant's affidavits ... and how postponement of a ruling on the motion will enable him, by discovery or other means, to rebut the movant's showing of the absence of a genuine issue of fact.\" 41 Id. at 1071 (emphasis added) (quoting Willmar Poultry Co. v. Morton-Norwich Products, Inc., 520 F.2d 289, 297 (8th Cir.1975), cert. denied, 424 U.S. 915, 96 S.Ct. 1116, 47 L.Ed.2d 320 (1976)). See also S.E.C. v. Spence & Green Chemical Co., 612 F.2d 896 (5th Cir.1980), cert. denied, 449 U.S. 1082, 101 S.Ct. 866, 66 L.Ed.2d 806 (1981); Wallace v. Brownell Pontiac Co., Inc., 703 F.2d at 527; Federal Practice and Procedure Sec. 2740 at 530. 42 In his affidavit to the district court, Dr. Korf alleged that due to his lack of time to conduct discovery he was unable to set forth any specific facts to demonstrate that genuine issues for trial existed. He sought to commence discovery concerning: 43 (1) \"[R]elevant University policy and practice with respect to the proper scope of University inquiry into the private sexual relationships of faculty members. 44 (2) \"[W]hether the University has singled out plaintiff, charged with engaging in private and consensual homosexual relationships with University students, for harsher treatment than faculty members who have engaged in heterosexual relationships with University students.\" 45 These foregoing reasons for which Dr. Korf sought discovery are insufficient to warrant the provision of additional time to conduct discovery before responding to the University's summary judgment motion. If his allegations were true he certainly had ample time to allege sufficient specific facts and/or conduct. He failed to provide an adequate explanation to the court as to \"why he [could not] respond to [the University's] affidavits ....\" Lamb's Patio Theatre v. Universal Film Exchanges, 582 F.2d at 1071. Furthermore, both of the reasons he sets forth in seeking discovery related to \"private sexual relationships.\" Since the discharge of Dr. Korf was not predicated upon his engaging in \"private sexual relationships,\" but unethical conduct by exploiting students for his private advantage, such discovery is completely irrelevant to his equal protection claim and would amount to no more than a fishing expedition. The information sought by Dr. Korf would be of no value to him in rebutting the strong showing made by Ball State University that Dr. Korf was properly terminated from his tenured professor position at the University. The Supreme Court has recently reiterated that unnecessary, broad-ranging discovery is disruptive and that as a consequence insubstantial claims should be resolved by summary judgment. Harlow v. Fitzgerald, 457 U.S. 800, 817-18, 102 S.Ct. 2727, 2738-39, 73 L.Ed.2d 396 (1982). This language clearly applies to this appeal and we hold that the district court did not abuse its discretion when it denied Dr. Korf's motion to conduct additional discovery. 46 The decision of the district court is AFFIRMED.9 47 The Honorable Edward Dumbauld, Senior District Judge of the United States District Court for the Western District of Pennsylvania, is sitting by designation * The relationship began while this student was a seventeen-year-old freshman at the University 1 The statement reads in pertinent part that: \"2. As a teacher, the professor encourages the free pursuit of learning in his students. He holds before them the best scholarly standards of his discipline. He demonstrates respect for the student as an individual and adheres to his proper role as intellectual guide and counselor. He makes every 2 \u00ab up reasonable effort to foster honest academic conduct and to assure that his evaluation of his students reflects their true merits. He respects the confidential nature of the relationship between professor and student. He avoids any exploitation of students for his private advantage and acknowledges significant assistance from them. He protects their academic freedom.\" Ball State University Faculty Handbook at II-7 (Emphasis added). The terms of the recommended probation were: \"1. He will not invite students to his home. \"2. He will not have students living in his home. \"3. He will hold no private meetings with any student without leaving his office, classroom or studio door open. \"4. He will be excluded from consideration for promotion. \"5. He will be ineligible for merit pay consideration. \"6. He will periodically be reviewed by appropriate administrators.\" 3 While treating that portion of the defendants' motion to dismiss because of immunity as a motion to dismiss, the court treated that portion of their motion relating to plaintiff's state law and constitutional claims as one for summary judgment since defendants' contentions were supported by documents outside the pleadings 4 The parties had previously stipulated to the dismissal of one of the plaintiff's due process claims and plaintiff's emotional distress claim on December 13, 1982 5 The pertinent portion of the statement is reprinted in note 2, supra 6 As we have previously stated, the district court granted Dr. Korf's alternative motion for a continuance of time to respond. The plaintiff actually did commence discovery on December 17, 1982. However, the defendants moved to stay discovery on January 1, 1983. The court never formally acted upon the motion to stay discovery but granted it sub silentio when granting defendants' summary judgment motion on March 11, 1983 7 Subsection (f) provides that: \"When affidavits are unavailable. Should it appear from the affidavits of a party opposing the motion that he cannot for reason stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.\" 8 Since we find no substance in Dr. Korf's constitutional claims against the defendants, we find it unnecessary to address his challenge to the district court's rulings concerning defendant's immunity 9 \u00ab up", "7225_103.pdf": "Home / 7th Circuit / Institutional Immunity and Academic Standards: Korf v. Ball State University Institutional Immunity and Academic Standards: Korf v. Ball State University \uf232 \uf09a \uf099 \uf0e1 \uf003 \uf1c1 Institutional Immunity and Academic Standards: Korf v. Ball State University Introduction Korf v. Ball State University, 726 F.2d 1222 (7th Cir. 1984), is a pivotal case addressing the intersection of constitutional rights and institution\u2010 al authority within academic settings. The case revolves around Dr. William E. Korf, a tenured Associate Professor of Music History and Musicology, who was terminated by Ball State University following al\u2010 legations of sexual harassment by several male students. Dr. Korf chal\u2010 lenged his dismissal, asserting violations of his due process and equal protection rights under the Constitution, and questioning the defen\u2010 dants' qualified immunity. Summary of the Judgment Date: Feb 9, 1984 Federal State Log In Sign Up \uf059 \uf002 All CaseIQ (Powered by GPT) Columns The United States Court of Appeals for the Seventh Circuit affirmed the district court's decision to grant summary judgment in favor of Ball State University and its Board of Trustees. The court concluded that Ball State University, as an instrumentality of the State of Indiana, was protected under the Eleventh Amendment and that the defendants en\u2010 joyed qualified immunity. Dr. Korf's claims of substantive due process and equal protection violations were deemed insufficient to create gen\u2010 uine issues of material fact, thereby warranting dismissal. The court emphasized the university's right to enforce ethical standards as out\u2010 lined in the American Association of University Professors (AAUP) Statement on Professional Ethics. Analysis Precedents Cited The judgment extensively references several key precedents to substan\u2010 tiate its findings v. PHILLIPS, 710 F.2d 292 (7th Cir. 1983): Established that summary judgment is appropriate when no genuine issue of material fact exists. Rose v. Bridgeport Brass Co., 487 F.2d 804 (7th Cir. 1973): Clarified the burden of proof in summary judgment motions v. MACY, 392 F.2d 822 (D.C. Cir. 1968): Discussed the interpretation of broad, \"catchall\" clauses in professional ethics statements. Federal State Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns v. KENNEDY, 416 U.S. 134 (1974): Held that statutes authorizing employee termination for broad causes are not nec\u2010 essarily vague DIST. v. MARTIN, 440 U.S. 194 (1979): Addressed rational basis review under the Equal Protection Clause v. FITZGERALD, 457 U.S. 800 (1982): Reiterated the standards for qualified immunity. Legal Reasoning The court methodically analyzed Dr. Korf's claims against the back\u2010 drop of established legal standards. For the due process claim, the court determined that Dr. Korf had sufficient notice of the unethical standards expected of him, as delineated in the Statement on Professional Ethics. The absence of previous similar cases at Ball State was deemed irrelevant, as the standards themselves provided clear guidelines. Regarding equal protection, the court found no evidence of discrimina\u2010 tory intent or selective enforcement of the university's policies. The ter\u2010 mination was rationally related to the university\u2019s objective of main\u2010 taining high ethical standards, a legitimate and non-arbitrary goal. On the matter of qualified immunity, the court concluded that the de\u2010 fendants acted in good faith based on the evidence available, and there was no indication of bad faith or intentional misconduct that would negate immunity. Federal State Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns Impact This judgment reinforces the authority of educational institutions to enforce ethical standards and policies without undue interference, pro\u2010 vided due process is observed. It underscores the protection afforded to public institutions and their officials under the Eleventh Amendment and qualified immunity doctrines. Future cases involving academic misconduct will likely reference this decision when evaluating the bal\u2010 ance between individual constitutional rights and institutional integrity. Complex Concepts Simplified Summary Judgment Summary judgment is a legal procedure where the court decides a case without a full trial because there are no significant facts in dispute. If one party shows there\u2019s no real conflict about the important details, the judge can decide the case in their favor immediately. Qualified Immunity Qualified immunity protects government officials, including public university staff, from being sued for actions performed within their of\u2010 ficial duties unless they violated clearly established rights that a reason\u2010 able person would know. Eleventh Amendment Immunity Federal State Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns The Eleventh Amendment grants states and their instrumentalities, like state universities, immunity from certain lawsuits. This means indi\u2010 viduals cannot always sue these entities in federal court for actions tak\u2010 en in their official capacities Statement on Professional Ethics The Statement on Professional Ethics outlines the ethical re\u2010 sponsibilities of university faculty. It emphasizes respect for students, maintaining academic integrity, and avoiding exploitation or conflicts of interest. Conclusion The Korf v. Ball State University case highlights the judiciary's role in balancing individual rights with the prerogatives of academic institu\u2010 tions to uphold ethical standards. By affirming the application of the AAUP's ethical guidelines and reinforcing institutional immunity pro\u2010 tections, the court underscored the importance of maintaining integrity within educational environments. This decision serves as a critical ref\u2010 erence point for future disputes involving academic misconduct, ensur\u2010 ing that universities can effectively regulate faculty conduct while ad\u2010 hering to constitutional mandates. Case Details E. KORF, PLAINTIFF-APPELLANT, v Federal State Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns UNIVERSITY, DEFENDANTS-APPELLEES. YEAR: 1984 CIRCUIT. Judge(s) John Louis Coffey Attorney(S) Richard J. Swanson, Segal Macey, Indianapolis, Ind., for plaintiff-appellant. Jon H. Moll, DeFur, Voran, Hanley, Radcliff Reed, Muncie, Ind., for defendants-appellees. Comments Write your comment Federal State Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns \u00a9 2023 Gauge Data Solutions Pvt. Ltd. | Terms \uf09a \uf099 \uf0e1 Federal State Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns", "7225_104.pdf": "24, 1982 fired Ball State University associate professor has filed fired Ball State University associate professor has filed a $1 million lawsuit charging theuniversity dismissed him because he is a homosexual. William E. Korf, who taught music history and musicology at the Muncie college for 11 years, filed the suit Friday in U.S. District Court Korf said he was fired last July after the school's dean, Lloyd Nelson, told him students had accused him of sexual harassment. Korf claimed in his suit Nelson told him to resign or face a long and embarrassing termination process special committee of the University Professional Policies Council initially cleared Korf of charges he forced students who wanted good grades to submit to sexual activities. The council urged he be placed on conditionary probation for three years for unethical conduct. \uf09a \uf02f \uf003 Korf claimed in his suit the board of trustees rejected the council's decision and urged the committee to reconsider its recommendation. The committee then recommended Korf be fired. Korf's termination notice said he was dismissed on grounds of unethical conduct, charging he used his position and influence as a teacher to exploit students. Korf charged he was fired because of his 'sexual preference' and said his treatment was 'disparate and distinct from that accorded similarly situated individuals with a different sexual preference In the suit, Korf seeks reinstatement, restoration of lost wages and benefits, $500,000 for mental and emotional suffering and $500,000 in punitive damages Odd News // 18 minutes ago Georgia men play single basketball game for record-breaking 121 hours March 21 group of Georgia men broke a Guinness World Record by playing a continuous basketball game for 121 hours and 3 minutes. Odd News // 37 minutes ago Maryland man buys the wrong lottery ticket, wins $50,000 March 21 Maryland man who accidentally hit the wrong button a lottery ticket vending machine ended up winning $50,000 from the accidentally- purchased game. 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7,242 | Eric Alexander Hewitt | Berklee College of Music | [
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] | {"7242_101.pdf": "Berklee School of Music Ends Relationship with Professor over Abuse Allegations Eric Alexander Hewitt is also no longer affiliated with Phillips Exeter Academy or Boston College High School. by \u00b7 12/14/2017, 10:06 a.m. Sign up for our newsletters to receive the best news every day. Photo by Alex Lau Three Massachusetts schools have cut ties with the contemporary classical musician Eric Alexander Hewitt amid allegations of inappropriate sexual conduct and abusive behavior, according to the Boston Globe. Hewitt\u2014an influential saxophonist, conductor, and composer\u2014joined the Boston Conservatory at Berklee in 2005 as chair of the woodwind department before becoming an associate professor of music. Hewitt was placed on leave on November 28 after the Globe uncovered Berklee\u2019s systemic culture of sexual harassment, and now, he \u201cwill not be returning to the conservatory,\u201d at all, the executive director of the Boston Conservatory, Cathy Young, told the Globe in a statement. Young said that Hewitt was given a behavioral warning back in October (ahead of the paper\u2019s investigation) and previously offered to resign at the end of the semester. Four former Boston Conservatory students shared stories with the Globe of Hewitt\u2019s alleged non- consensual sexual advances, which included off-color messages, bullying, and one incident of sexual assault Hewitt was known to have a temper, quickly unleashing verbal attacks on students when they made mistakes, according to the Globe. Women described a pattern of Hewitt\u2019s inappropriate behavior and said they warned each other of his advances. Following the Globe\u2019s initial story about Berklee, Young emailed the school community to reaffirm the conservatory\u2019s commitment to investigate the allegations and open a \u201cdialogue about harassment, discrimination, and misconduct.\u201d Aside from his role at the conservatory, Hewitt was placed on leave from his adjunct teaching role at Phillips Exeter Academy, and his contract with the Boston College High School jazz band was terminated, representatives of the schools told the Globe. Read More About: Berklee You Might Also Like The Best Public High Schools in Greater Boston The Best Public High Schools in Mass., Ranked line of yellow school buses Don\u2019t Tell Aunty, Boston\u2019s First \u2018Indian Gastropub,\u2019 Opens in Back Bay 1 This Isn\u2019t About Bike Lanes 2 The Best Irish Pubs in Boston 3 The Top 15 Places to Live in Greater Boston 4 All 141 Cities and Towns in Greater Boston Ranked 5 About Contact Masthead Magazine Subscribe Advertise Customer Service Careers and Internships at Boston Magazine Privacy Policy \u00a92025 Boston Globe Media Partners", "7242_102.pdf": "Here Are All the Public Figures Who\u2019ve Been Accused of Sexual Misconduct After Harvey Weinstein Samantha Cooney Updated Thu, November 9, 2017 at 11:02 Since the New York Times and The New Yorker first published allegations of sexual harassment and rape against Harvey Weinstein by Rose McGowan, Gwyneth Paltrow, Ashley Judd and dozens of others, the disgraced producer has been fired from his company and Manhattan district attorney Cyrus Vance is reportedly seeking an indictment against him new report from Ronan Farrow in The New Yorker also details Weinstein\u2019s alleged and elaborate efforts to silence journalists and accusers. The former movie executive denies the new accusations and \u201cany allegations of non- consensual sex,\u201d but said in a statement to the Times that appreciate the way I\u2019ve behaved with colleagues in the past has caused a lot of pain, and sincerely apologize for it.\u201d The Weinstein scandal has sparked a national conversation about sexual misconduct and prompted others to come forward with accusations ranging from groping to rape against prominent men, including former Gossip Girl actor Ed Westwick, House of Cards star Kevin Spacey, actor Ben Affleck and former President George H. W. Bush. These are the men who have been accused of sexual misconduct after the Harvey Weinstein allegations. 95. Eric Alexander Hewitt The Boston Globe reported that four former Boston Conservatory students said that Hewitt, an influential musician and professor, made unwanted sexual advances toward them. One woman alleged Hewitt sexually assaulted her. The Boston Conservatory at Berklee and Boston College High School ended their relationships with Hewitt, while Phillips Exeter Academy placed Hewitt on leave. Hewitt did not respond to the Globe\u2018s multiple requests for comment. Hewitt did not immediately respond to TIME\u2019s request for comment. 94. Ken Friedman The New York Times reported on Dec. 12 that ten women alleged Friedman, a famed restauranteur, made unwanted sexual advances. Friedman and his business partner, acclaimed chef April Bloomfield, own five restaurants in New York, including the famed Spotted Pig, and two in California. The allegations include groping them in public, making them work all night at parties that included sex and nudity and demanding sex and nude photos. Former employees claimed that Friedman also had consensual relationships with employees and fired or promoted staffers based on physical appearance. Women also said that they witnessed Mario Batali, who announced he would step away from his company on Dec. 11 following allegations of sexual misconduct, engage in sexual misconduct at the Spotted Pig with Friedman\u2019s knowledge. Friedman told the Times: \u201cSome incidents were not as described, but context and content are not today\u2019s discussion apologize now publicly for my actions.\u201d He added that his female staffers \u201care among the best in the business and putting any of them in humiliating situations is unjustifiable spokesperson for Friedman did not immediately respond to TIME\u2019s request for comment. 93. Dan Johnson Ken Friedman attends New York Magazines 3rd Annual Oscar Viewing Party at The Spotted Pig on February 24, 2008 in New York City The Kentucky Center for Investigative Reporting reported on Dec. 11 that Maranda Richmond asked Louisville police to reopen a sexual assault investigation into Johnson, who was elected to the Kentucky state legislature in 2016. Richmond alleged that Johnson molested her in 2012 when she was 17. She said she reported it to police in 2013, but said the case was closed without charges. Johnson, who sparked outrage last year after posting images on Facebook that compared then- President Barack Obama and First Lady Michelle Obama to monkeys, said the allegations are \u201cwithout merit.\u201d He said he wouldn\u2019t resign, according to the Louisville Courier-Journal. Kentucky state Rep. Dan Johnson speaks during a news conference outside the Bullitt County courthouse in Shepherdsville, Ky \u201cThe fact of the matter is that we live in a country where people have elections, and people vote people in,\u201d Johnson said. \u201cThe people who run for office are just people, and there are no perfect people think there are people who have taken that and used it as political rocks to be thrown spokesperson for Johnson did not immediately respond to TIME\u2019s request for comment. 92. Eric Davis suspended Davis, a former football player who now hosts a radio show on the sports network, following a lawsuit filed by former Network stylist Jami Cantor. The lawsuit alleges Davis made lewd comments and groped Cantor. \u201cWe are investigating and McNabb and Davis will not appear on our networks as that investigation proceeds,\u201d an spokesman said in a statement, according to the New York Times. Davis has not commented could not immediately reach Davis. 91. Donovan McNabb Eric Davis talks with players after the Pro Bowl practice at Turtle Bay Resort on North Shore Oahu, HI. Sign in suspended McNabb, a former quarterback who now hosts a radio show on the sports network, following a lawsuit filed by former Network wardrobe stylist Jami Cantor. The lawsuit alleges McNabb sent sexually Former professional football player Donovan McNabb attends the 'Forgotten Four: The Integration Of Pro Football' screening presented by at Royce Hall on September 9, 2014 in ...More Top Stories Heathrow fire impacts on U.S. Warmer, rainier spring earlier Impacts of sea levels rising Meas inappropriate text messages while he was at Network, which he left in 2013. \u201cWe are investigating and McNabb and Davis will not appear on our networks as that investigation proceeds,\u201d an spokesman said in a statement, according to the New York Times. McNabb has not commented. His agent did not immediately respond to TIME\u2019s request for comment. 91. Marshall Faulk The Network suspended Faulk, a network analyst and Hall of Fame running back, after the network\u2019s former stylist Jami Cantor filed a lawsuit alleging Faulk and others had sexually harassed her. The network said it would investigate Former running back Marshall Faulk attends the Marshall Faulk Celebrity Golf Champions Dinner Presented by held at La Costa Resort & Spa on May 18, 2013 in Carlsbad, California. Cantor\u2019s claims. The lawsuit, which was uploaded by Deadspin, alleges that Faulk demanded oral sex during one incident and groped Cantor\u2019s breasts and behind. The lawsuit also alleges that Faulk has her \u201cdeeply personal and invasive questions.\u201d Cantor also named Heath Evans, Ike Taylor and Eric Weinberger. Faulk has not commented. His spokesperson did not immediately respond to TIME\u2019s request for comment. 90. Eric Weinberger The Bill Simmons Media Group, which operates the website The Ringer, suspended its president Weinberger following a lawsuit filed by former Network stylist Jami Cantor. The lawsuit alleges that Weinberger, who left his job at the Network in 2015, groped her and put his crotch against her. Executive producer Eric Weinberger speaks onstage at the Variety Sports Entertainment Breakfast at Vibiana on July 14, 2015 in Los Angeles, California \u201cThese are very serious and disturbing allegations that we were made aware of today,\u201d a spokesman for the Bill Simmons Media Group told the New York Times. \u201cWe are placing Eric on leave indefinitely until we have a better understanding of what transpired during his time at the N.F.L., and we will conduct our own internal investigation.\u201d Weinberger has not commented. 89. Ike Taylor The Network suspended Taylor, an analyst for the network and former cornerback, following a lawsuit filed by the network\u2019s former stylist Jami Cantor that alleges he sent her a video that showed him masturbating. The network said it would investigate Cantor\u2019s claims. Taylor has not yet commented. His spokesperson did not immediately respond to TIME\u2019s request for comment. 88. Heath Evans Former player Ike Taylor visits the SiriusXM set at Super Bowl Radio Row at the George R. Brown Convention Center on February 3, 2017 in Houston, Texas. Former player Heath Evans attends the Cedars-Sinai Sports Spectacular at the Hyatt Regency Century Plaza on May 31, 2015 in Century City, California. The Network suspended Evans, an analyst for the network and former fullback, following a lawsuit filed by the network\u2019s former stylist Jami Cantor that alleges he sent nude photos and propositioned her. The network said it would investigate Cantor\u2019s claims. Evans has not commented. His spokesperson did not immediately respond to TIME\u2019s request for comment. 87. Ryan Lizza The New Yorker announced on Dec. 11 that it had cut ties with its Washington correspondent Lizza for \u201cimproper sexual conduct.\u201d \u201cWe have reviewed the matter and, as a result, have severed ties with Lizza. Due to a request for privacy, we are not commenting further,\u201d the magazine said in a statement, according to Politico\u2019s Michael Calderone. Lizza also worked as a political commentator at and an adjunct professor at Georgetown said in a statement that Lizza \u201cwill not appear on while we look into this matter.\u201d Georgetown did not immediately respond to TIME\u2019s request for comment. In a statement reported by Calderone, Lizza said am dismayed that The New Yorker has decided to characterize a respectful relationship with a woman dated as somehow inappropriate. The New Yorker was unable to cite any company policy that was violated am sorry to my friends, workplace colleagues, and loved ones for any embarrassment this episode may cause love The New Yorker, my home for the last decade, and have the highest regard for the people who work there. But this decision, which was made hastily and without a full investigation of the relevant facts, was a terrible mistake.\u201d He did not immediately respond to TIME\u2019s request for comment. Washington correspondent for The New Yorker Ryan Lizza attends The New Yorker's annual party kicking off The White House Correspondents' Association Dinner Weekend on April 29, 2016 in ...More Michael Calderone @mlcalderone \u00b7 Follow Ryan Lizza says in a statement that he\u2019s \u201cdismayed\u201d the New Yorker has characterized \u201ca respectful relationship with a woman dated as somehow inappropriate.\u201d Full statement: 4:46 \u00b7 Dec 11, 2017 461 Reply Copy link Read 129 replies 86. Tom Ashbrook reported on Dec. 11 that several men and women alleged that the On Point host engaged in \u201ccreepy\u201d sex talk, touched employees without their consent and directed tirades at young women in the studio. The allegations emerged in a document compiled by 11 women and men, who delivered it to and its owner Boston University on Dec. 7. Ashbrook was placed on leave pending an investigation. In a text message to WBUR, Ashbrook said that he was \u201cstunned that a few former colleagues have apparently come forward with allegations that have not been shared with me have no idea what is being alleged, nor by whom.\u201d He added that he was \u201cproud of the many people who have worked with me during my 16 years at have always tried to be a leader and supportive of them, and many of them have gone on to highly successful careers in radio, journalism and other fields\u2026 \u201cIn the pressure of a live radio environment have at times been a tough and demanding boss. We aspire to put out a top-notch show. Many people have thrived in that environment; a few have not can\u2019t describe how deeply upsetting this is to me,\u201d he added am sure that once the facts come out that people will see me for who am \u2013 flawed but caring and decent in all my dealings with others.\u201d 85. Mario Batali The celebrity chef announced on Dec. 11 that he would \u201cstep away\u201d from his company following allegations of sexual misconduct. Four women told the website Eater that Batali touched them inappropriately, with the allegations stretching back at least two decades. In a statement, Batali said apologize to the people have mistreated and hurt. Although the identities of most of the individuals mentioned in these stories have not been revealed to me, much of the behavior described does, in fact, match up with ways have acted. That behavior was wrong and there are no excuses take full responsibility and am deeply sorry for any pain, humiliation or discomfort have caused to my peers, employees, customers, friends and family\u2026 We built these restaurants so that our guests could have fun and indulge, but took that too far in my own behavior won\u2019t make that mistake again want Chef Mario Batali attends the Food Bank for New York City Can-Do Awards at Cipriani Wall Street on Wednesday, April 19, 2017, in New York. any place am associated with to feel comfortable and safe for the people who work or dine there.\u201d 84. Cade Hudson The Los Angeles Times reported on Dec. 9 that Hudson, a prominent agent at Creative Artists Agency, offered actor Sean Rose sex in exchange for access to directors and a movie star. Rose said he declined the offers, which left him \u201cembarrassed and humiliated.\u201d In a statement from his attorney to the Times, Hudson said: \u201cAfter being my friend on social media for seven years, and liking my posts, Sean is now accusing me of soliciting a sex act from him. My recollection is that he laughed it off and remained my friend on social media have the utmost sympathy for victims of harassment and abuse, but this is no such case.\u201d 83. Jon Heely Variety reported on Dec. 8 that Heely, the director of music publishing atnull Disney, was charged with three felony counts of child abuse. Heely allegedly began abusing one underage girl at age 11, and that abuse continued until she was 15. He allegedly abused another girl when she was 15 Disney spokesperson said that Heely was suspended on Dec. 8 after being informed of the charges. Heely\u2019s attorney denied the charges. \u201cHe vehemently denies these allegations and we will be fighting until the end to clear his name,\u201d he said. \u201cIt\u2019s a shame, that\u2019s all I\u2019ve got to say.\u201d The attorney did not immediately respond to TIME\u2019s request for comment. 82. Joe Alexander Jon Heely appears at a Disney fan event between July 14-16 at the Anaheim Convention Center in Anaheim, Calif. AdWeek reported on Dec. 7 that Alexander, the former chief creative officer at advertising agency, The Martin Agency, in Richmond, Va. left the company amid several allegations of sexual harassment. The allegations, which date back at least to the 1990s, include inviting a female co-worker to have sex on a business trip, commenting on the size of employees\u2019 breasts and referring to a black female employee as \u201cchocolate thunder.\u201d \u201cThere are instances when we\u2019re unable to provide details in deference to the request of individuals who have come forward to report actions of others that are inconsistent with our values and guidelines,\u201d a spokesperson for The Martin Agency told AdWeek. The agency counts Warner Brothers, Chevrolet, Discover, Dunkin Donuts and Oreo among its clients. Alexander denied the allegations. \u201cThe allegations you are reporting on are false. All of them,\u201d he told AdWeek. \u201cThe Martin Agency is my family. Rather than a drawn-out, hurtful investigation, resigning was the proper thing to do to protect my family and all the people I\u2019ve worked so closely together with in my 26 wonderful years will always love that place and people who make it so special. Please respect my privacy during this very, very sad time.\u201d On Dec. 12, the Martin Agency announced it had appointed Kristen Cavallo as its first female CEO, replacing Matt Williams. 81. U.S. Appeals Court Judge Alex Kozinski At least six women have accused Kozinski, a longtime judge in the U.S. Court of Appeals for the 9th Circuit, of sexual misconduct former clerk alleged that Kozinski showed her pornography and asked if she was sexually aroused, while another said the judge told her she should exercise naked in the courthouse gym. Four women spoke to the Washington Post but asked to remain anonymous, while two went on the record have been a judge for 35 years and during that time have had over 500 employees in my chambers treat all of my employees as family and work very closely with most of them would never intentionally do anything to offend anyone and it is regrettable that a handful have been offended by something may have said or done,\u201d Kozinski said in a statement provided to the Post. 80. Rep. Trent Franks Ninth Circuit Appeals Court Judge Alex Kozinski looks on during a House Judiciary Committee hearing on March 16, 2017. Arizona Republican Rep. Trent Franks, who has served in the House of Representatives since 2003, announced on Dec. 7 he would resign amid an ethics inquiry into allegations of sexual harassment have recently learned that the Ethics Committee is reviewing an inquiry regarding my discussion of surrogacy with two previous female subordinates, making each feel uncomfortable,\u201d Franks said in a statement deeply regret that my discussion of this option and process in the workplace caused distress.\u201d Franks, whose resignation takes effect at the end of January, said that he never \u201cphysically intimidated, coerced, or had, or attempted to have, any sexual contact with any member of my congressional staff.\u201d 79. Bryan Singer Rep. Trent Franks (R-AZ) listens during a news conference for the launch of the Congressional Caucus on Capitol Hill on September 15, 2011 in Washington, DC. The X-Men director faces a lawsuit for allegedly raping then-17-year-old Cesar Sanchez-Guzman in 2003. In the suit, which was filed on Dec. 7, Guzman claims that he met Singer at a party on a yacht and the director offered to give him a tour of the boat. In one of the boat\u2019s rooms, Guzman claims, Singer \u201cforced Cesar to the floor, shoved Cesar\u2019s face against his crotch area and demanded Cesar perform oral sex on him.\u201d Singer denies Guzman\u2019s allegations. In a statement. his representative said: \u201cBryan categorically denies these allegations and will vehemently defend this lawsuit to the very end. Cesar Sanchez-Guzman apparently claims that he did not remember this alleged incident from 2003 until now. Significantly, when Sanchez-Guzman filed for bankruptcy only a few years ago, he failed to disclose this alleged claim when he was supposed to identify all of his assets, but conveniently, now that the bankruptcy court discharged all of his debts, he is able to recall the alleged events.\u201d Singer has faced two other civil suits over allegations of sexual harassment in the past. In 2014, Michael Egan claimed in a lawsuit that Singer forced him to have sex in California and Hawaii in the 1990s, which Singer\u2019s then-attorney Producer Bryan Singer attends the premiere of called \u201cabsurd and defamatory.\u201d Egan later dropped the lawsuit because he couldn\u2019t find a new attorney to represent him, but argued his case still had merit. That same year, an anonymous man filed a lawsuit against Singer and director Gary Goddard, which alleged that Singer attempted to force him into sex and fondled him when he was 17. Singer denied that allegation at the time and the court dismissed the lawsuit on the grounds that there was \u201cno legal basis\u201d for the suit. 78. Harold Ford Jr. HuffPost reported that Morgan Stanley fired Ford Jr., who served as a Democratic representative from Tennessee in the U.S. House of Representatives Harold Ford Jr. arrives at a gala at Lincoln Center on February 11, 2016 in New York City. from 1997 to 2007, after an investigation into allegations of misconduct woman told HuffPost that Ford Jr. forcibly grabbed her on one instance and engaged in harassment and intimidation. She said Ford repeatedly asked her to get drinks until she sent him an email asking him not to contact her again. In a reply, according to HuffPost, Ford agreed and apologized. Ford Jr., who comes from a prominent political family in Tennessee, joined Morgan Stanley in 2011 as a managing director. Morgan Stanley confirmed in a statement to HuffPost: \u201cHe has been terminated for conduct inconsistent with our values and in violation of our policies.\u201d In a statement, Ford Jr. denied the allegation. \u201cThis simply did not happen have never forcibly grabbed any woman or man in my life. Having dinner and drinks for work is part of my job, and all of my outreach to the news reporter making these false allegations was professional and at the direction of my firm for business purposes support and have tremendous respect for the brave women now speaking out in this important national dialogue. False claims like this undermine the real silence breakers will now be brining legal action against the reporter who has made these false claims about me as well as Morgan Stanley for improper termination spokesperson for Ford Jr. did not immediately respond to TIME\u2019s request for comment. 77. Lorin Stein The New York Times reported on Dec. 6 that Stein, the longtime editor of The Paris Review, resigned amid an investigation into his behavior toward female employees. According to the Times, the magazine\u2019s board planned to meet Lorin Stein attends 'Louder Than Bombs' New York premiere at Crosby Street Hotel on March 30, 2016 in New York City. Thursday to discuss the investigation. At least two women made complaints about Stein\u2019s behavior. The magazine\u2019s board decided to investigate Stein after he told them that his name appeared on an anonymously crowdsourced list of allegations of sexual harassment and misconduct in media, according to the Times. In his statement to the board, Stein admitted that he had sexual contact in the office and that he dated and expressed interest in female Paris Review colleagues, including interns, according to the Times. But he insisted all encounters were consensual and occurred before he wed in 2015. \u201cAt times in the past blurred the personal and the professional in ways that were now recognize, disrespectful of my colleagues and our contributors, and that made them feel uncomfortable or demeaned,\u201d Stein wrote, according to the Times am very sorry for any hurt caused them.\u201d 76. Robert Knepper Actor Robert Knepper attends the Five women allege that the former Prison Break star sexually assaulted them between 1983 and 2013. Costume designer Susan Bertram told the Hollywood Reporter that Knepper grabbed her crotch \u201cas hard as he could\u201d on the set of Gas Food Lodging in 1991, which prompted four more women to come forward. The other allegations include kissing a woman without her consent and forcing another to perform oral sex. In a statement to the Hollywood Reporter, Knepper denied the allegations. He said: \u201cWe have come to a time where hard-earned careers are being lost on the basis of accusations need to reiterate that these accusations against me are false. We have lost the presumption of innocence; we have lost \u2018due process\u2019; and we have lost the ability to review evidence \u2014 allowing the media to become both \u2018judge and jury.\u2019 Until can sit down and have a dialogue with my accusers, managed not by the press but by an impartial mediator have nothing further to say on this matter. My wife, family and close friends, know me and my true nature and am grateful for their love and support spokesperson for Knepper did not immediately respond to TIME\u2019s request for comment. 75. Dylan Howard The Associated Press reported that Dylan Howard, the chief content officer at American Media Inc., which oversees the National Enquirer and Weekly, allegedly forced female employees to watch porn and openly discussed female employees\u2019 sex lives while he was running the company\u2019s Los Angeles office. Howard allegedly said that he wanted to make a Facebook account for one employee\u2019s vagina. The allegations led to an outside investigation in 2012 lawyer for told that the investigation did not show \u201cserious wrongdoing.\u201d According to AP, Howard quit after the investigation, but was rehired a year later in an elevated role. Howard told that the claims were \u201cbaseless.\u201d He did not immediately respond to TIME\u2019s request for comment. The New Yorker reported last month that Howard shared information with Harvey Weinstein in an attempt to discredit Rose McGowan\u2019s allegation that the producer raped her, a claim which Weinstein denies. Howard told the magazine that America Media Inc. had a television-production agreement with Weinstein at the time and that he \u201chad an obligation to protect AMI\u2019s interests by seeking out\u2014but not publishing\u2014truthful information about people who Mr. Weinstein insisted were making false claims against him.\u201d 74. Danny Masterson Netflix confirmed on Dec. 5 that it\u2019s ending its relationship with The Ranch star Danny Masterson following allegations of rape made in March. \u201cAs a result of ongoing discussions, Netflix and the producers have written Danny Masterson out of The Ranch,\u201d a spokesperson for the streaming service said, according to Entertainment Weekly. \u201cYesterday was his last day on the show, and production will resume in early 2018 without him.\u201d Danny Masterson attends the premiere of am obviously very disappointed in Netflix\u2019s decision to write my character off of \u2018The Ranch.\u2019 From day one have denied the outrageous allegations against me have never been charged with a crime, let alone convicted of one,\u201d Masterson said in a statement to HuffPost. \u201cIn this country, you are presumed innocent until proven guilty. However, in the current climate, it seems as if you are presumed guilty the moment you are accused understand and look forward to clearing my name once and for all.\u201d In March, People reported that the former That 70s Show star was being investigated by the Los Angeles Police Department after three women accused him of sexual assault in the early 2000s. Masterson denied the allegations at the time, and he has not yet been charged with any crime. His spokesperson did not immediately respond to TIME\u2019s request for comment. 73. James Levine The Metropolitan Opera suspended James Levine on Dec. 3 following allegations from three men who said the famed conductor sexually abused them when they were teenagers, the New York Times reported. The accusations Music Director of the Metropolitan Opera James Levine speaks at a Metropolitan Opera's press conference in 2011. date back to 1968. One of the men, Ashok Pai, filed a police report to the Lake Forest Police Department in Illinois in 2016. Peter Gelb, the Met\u2019s general manager, told the Times that Levine denied Pai\u2019s allegations at the time and that the Met decided not to take action to wait for a police determination. The Metropolitan Opera said on Dec. 2 that it asked an outside law firm to investigate the allegations against Levine, who served as its music director from 1976 to 2016 spokesperson for Levine did not comment to the Times. Levine\u2019s manager did not immediately respond to TIME\u2019s request for comment. 72. John Hockenberry The public radio icon, known for hosting The Takeaway on for more than 10 years, has been accused of inappropriate behavior by multiple female colleagues report published in New York magazine\u2019s the Cut details a number of these accusations, ranging from inappropriate email communication to a nonconsensual kiss in his hotel room. Hockenberry left his job at The Takeaway in August. Months before that, in February, former colleague Suki Kim filed a complaint against him, citing multiple Reporter John Hockenberry speaks at the Tribeca Film Festival on April 24, 2014 in New York City. inappropriate email messages. After his departure, Kim spoke to multiple other female employees at the show, many of whom described similar behavior. In a statement provided to New York, Hockenberry said: \u201cI\u2019ve always had a reputation for being tough, and certainly I\u2019ve been rude, aggressive and impolite. Looking back, my behavior was not always appropriate and I\u2019m sorry. It horrifies me that made the talented and driven people worked with feel uncomfortable, and that the stress around putting together a great show was made worse by my behavior. Having to deal with my own physical limitations [Hockenberry is paralyzed from the waist down] has given me an understanding of powerlessness, and should have been more aware of how the power wielded over others, coupled with inappropriate comments and communications, could be construed have no excuses.\u201d 71. Bruce Weber In a lawsuit filed in New York State Supreme Court, model Jason Boyce alleged that renowned fashion photographer Bruce Weber forced him to rub his own genitals during a 2014 photoshoot, the New York Post reports. Weber allegedly Photographer Bruce Weber attends the 2017 Gordon Parks Foundation Awards Gala on June 6, 2017 in New York City. also sucked on the model\u2019s fingers. At the time of the described incident, Weber was 68 and Boyce was 28. Weber did not return the Post\u2019s requests for comment. 70. Rep. Ruben Kihuen BuzzFeed reported that a then-25-year-old campaign staffer quit the Democratic lawmaker\u2019s campaign after he allegedly sexually harassed her. The woman said she began working for him in December 2015, and alleged that he propositioned her for sex and touched her thighs twice without her consent. She told BuzzFeed that she quit in April 2016. In a statement to BuzzFeed, Kihuen said: \u201cThe staff member in question was a valued member of my team sincerely apologize for anything that may have said or done that made her feel uncomfortable take this matter seriously as it is not indicative of who am was raised in a strong family that taught me to treat women with the utmost dignity and respect have spent my fifteen years in public service fighting for women\u2019s equality, and will continue to do so.\u201d 69. Rep. Blake Farenthold Rep. Ruben Kihuen, D-Nev., holds a news conference at the Capitol on Wednesday, Nov. 1, 2017. Politico reported that the Texas Republican settled a sexual harassment lawsuit filed by his former communications director, Lauren Greene, for $84,000 (using taxpayer funds). Greene filed her lawsuit in 2014, alleging gender discrimination, sexual harassment and a hostile work environment. Greene alleges that Farenthold told another aide that he had \u201csexual fantasies\u201d and \u201cwet dreams\u201d about her. In a statement, Farenthold said: \u201cWhile 100% support more transparency with respect to claims against members of Congress can neither confirm nor deny that settlement involved my office as the Congressional Accountability Act prohibits me from answering that question.\u201d 68. Shervin Pishevar Representative Blake Farenthold (R-TX) speaks at an event on June 23, 2016 in Washington, DC. Bloomberg reported that five women came forward to accuse the Uber investor of sexual assault or harassment. The women told Bloomberg that Pishevar took advantage of their professional connections by using mentorship, an investment or a potential job to make unwanted advances. In a statement to Bloomberg, representatives for Pishevar said, \u201cWe are confident that these anecdotes will be shown to be untrue.\u201d He did not Co-Founder and Managing Director of Sherpa Capital Shervin Pishevar speaks onstage during Vanity Fair New Establishment Summit Beverly Hills, Calif. on Oct. 3, 2017. immediately respond to TIME\u2019s request for comment. In November, Forbes reported that Pishevar was arrested \u2014 but never charged \u2014 in London in May for alleged rape spokesperson told Bloomberg: \u201cIn May 2017, Mr. Pishevar was detained briefly in London in connection with an alleged sexual assault, an allegation he categorically denied. He fully cooperated with the police investigation which was exhaustive and detailed. In July he was informed that no further action would be taken against him, and he was \u2018de- arrested\u2019 (a British legal term).\u201d 67. Geraldo Rivera After Fox News\u2019 Geraldo Rivera tweeted in support of Matt Lauer by saying harassment claims are \u201ccriminalizing courtship,\u201d Bette Midler tweeted a clip of her 1991 interview with Barbara Walters. In the interview, she accused Rivera and an unnamed producer of drugging and groping her in the 1970s. Rivera wrote in his 1991 autobiography that he had a \u201ctorrid sexual affair\u201d with Midler. Political commentator Geraldo Rivera speaks to members of the media in the lobby of Trump Tower in New York, on Jan. 13, 2017. \u201cGeraldo may have apologized for his tweets supporting Matt Lauer, but he has yet to apologize for this,\u201d Midler tweeted. Not found Tomorrow is my birthday feel like this video was a gift from the universe to me. Geraldo may have apologized for his tweets supporting Matt Lauer, but he has yet to apologize for this. #MeToo pic.twitter.com/TkcolFWfA2 \u2014 Bette Midler (@BetteMidler) November 30, 2017 In a series of tweets on Dec. 1, he said he remembered the alleged event \u201cmuch differently\u201d than Midler, but \u201cthat oes not change the fact that she has a right to speak out & demand an apology from me, for in the very least, publically [sic] embarrassing her all those years ago. Bette apologize.\u201d He did not immediately respond to responded to TIME\u2019s request for comment. Geraldo Rivera @GeraldoRivera \u00b7 Follow Although recall the time @BetteMidler has alluded to much differently than she, that does not change the fact that she has a right to speak out & demand an apology from me, for in the very least, publically embarrassing her all those years ago. Bette apologize. 9:27 \u00b7 Dec 1, 2017 295 Reply Copy link Read 351 replies Geraldo Rivera @GeraldoRivera \u00b7 Follow 27 years ago wrote a tawdry book depicting consensual events in 1973-45 years ago-I\u2019ve deeply regretted its distasteful & disrespectful tone & have refrained from speaking about it-I\u2019m embarrassed & profoundly sorry to those mentioned have & again apologize to anyone offended 9:08 \u00b7 Dec 1, 2017 334 Reply Copy link Read 299 replies 66. Johnny Iuzzini Mic reported that four former employees \u2014 two pastry chefs and two unpaid externs \u2014 alleged that the Top Chef: Just Desserts judge sexually harassed Pastry Chef Johnny Iuzzini poses for a photo during Expo 2015 at Fiera Milano Rho on May 28, 2015 in Milan, Italy. them. The allegations include touching employees\u2019 butts with kitchen utensils and sticking his tongue in a woman\u2019s ear. In a statement to Mic, Iuzzini said he was \u201cshattered and heartbroken at the thought that any of my actions left members of my team feeling hurt or degraded.\u201d He added: \u201cMany of the other allegations are inaccurate, others do not recall and none were meant to hurt people. Nonetheless must take responsibility if any of the members of my team felt uncomfortable by my words or actions, regardless of my intent or recollection must hear that what the women making the accusations are telling me and recognize caused pain.\u201d Iuzzini did not immediately respond to TIME\u2019s request for comment. 65. Israel Horovitz The New York Times reported on Nov. 30 that nine women came forward to accuse the Park Your Car in Harvard Yard playwright and director of sexual misconduct. The allegations included rape and unwanted contact and kissing, and were made by many women who said they sought out Horovitz as a mentor. Playwright Israel Horovitz attends the Horovitz\u2019s son Adam told the Times that he believes the allegations against his father are true. In a statement to the Times, Horovitz said that he has \u201ca different memory of some of these events.\u201d But he added apologize with all my heart to any woman who has ever felt compromised by my actions, and to my family and friends who have put their trust in me. To hear that have caused pain is profoundly upsetting, as is the idea that might have crossed a line with anyone who considered me a mentor representative for Horovitz did not immediately respond to TIME\u2019s request for comment. In 1993, ten women made allegations of sexual harassment against Horovitz, which he denied at the time. 64. Garrison Keillor The former host of Prairie Home Companion\u201d told the Associated Press that he was fired from Minnesota Public Radio over allegations of \u201cinappropriate behavior.\u201d In an email to the Star Tribune, Keillor said the allegation involved him touching a woman\u2019s back put my hand on a woman\u2019s bare back meant to pat Garrison Keillor performs at City Winery on October 4, 2017 in New York City. her back after she told me about her unhappiness and her shirt was open and my hand went up it about six inches. She recoiled apologized sent her an email of apology later and she replied that she had forgiven me and not to think about it. We were friends. We continued to be friendly right up until her lawyer called,\u201d he said. Keillor originally told the Associated Press that his termination involved \u201ca story that think is more interesting and more complicated than the version heard.\u201d Keillor did not immediately respond to TIME\u2019s request for comment. Minnesota Public Radio confirmed his termination in a statement and said it hired an outside law firm to investigate. \u201cBased on what we currently know, there are no similar allegations involving other staff,\u201d the statement said spokesperson for Minnesota Public Radio declined to comment beyond its statement. On Nov. 28, the Washington Post published an op-ed by Keillor, in which he argued that Sen. Al Franken shouldn\u2019t resign following several allegations of groping. 63. Matt Lauer announced on Nov. 29 that it had fired Lauer, who has co-anchored the Today show since 1997, after it received a detailed complaint about \u201cinappropriate sexual behavior in the workplace.\u201d In a memo send to employees News Chairman Andrew Lack said: \u201cWhile it is the first complaint about his behavior in the over 20 years he\u2019s been at News, we were also presented with reason to believe this may not have been an isolated incident did not disclose specifics about the allegations. Matt Lauer on set of the Today Show on Nov.16, 2017 @TODAYshow \u00b7 Follow Matt Lauer has been terminated from News. On Monday night, we received a detailed complaint from a colleague about inappropriate sexual behavior in the workplace by Matt Lauer. As a result, we\u2019ve decided to terminate his employment. Watch on 7:08 \u00b7 Nov 29, 2017 31.3K Reply Copy link Read 5.4K replies Lauer has not publicly responded. His agent did not immediately respond to TIME\u2019s request for comment. 62. Andy Rubin The Verge reported that Rubin, the founder and of phone startup Essential, took a leave of absence from his company. The announcement follows a report from the Information that alleged Rubin, who created Android, left Google in 2014 after an investigation into an \u201cinappropriate relationship\u201d with a subordinate. The Information reported that the woman filed a complaint with Google\u2019s Human Resources department, which investigated and reportedly found that his behavior was \u201cimproper and showed bad judgment.\u201d Rubin\u2019s spokesperson said in a statement to the Information: \u201cAny relationship that Mr. Rubin had while at Google was consensual\u2026 Mr. Rubin was never told by Google that he engaged in any misconduct while at Google and he did not, either while at Google or since.\u201d The spokesperson did not immediately respond to TIME\u2019s request for comment. 61. David Sweeney announced on Nov. 28 that Sweeney, the company\u2019s chief news editor, left the company after at least three women \u2014 all current and former journalists Founder and of Essential Products Andy Rubin speaks onstage at a conference in New York City, on June 7, 2017. \u2014 accused him of sexual harassment. \u201cThis is a difficult time for our newsroom and I\u2019m committed to supporting all of you as we move forward know you appreciate that there are some questions cannot answer in keeping with our practice to not comment on personnel issues, but will do my best to address those can,\u201d NPR\u2019s acting senior vice president of news Chris Turpin said in a statement. Sweeney has not commented publicly. He declined to comment to TIME. 60. Nick Carter The former member of the Backstreet Boys has been accused of rape by pop singer Melissa Schuman. Schuman, a member of the girl group \u201cDream,\u201d detailed the encounter in a blog post published earlier this month. She said Carter forcefully took her virginity in 2002, when she was 18 and he was 22, according to The Daily Beast. Representatives for Carter did not immediately return a request for comment from on Wednesday. In a statement to PEOPLE, Carter said am shocked and saddened by Ms. Schuman\u2019s accusations. Melissa never expressed to me while we were together or at any time since that anything we did was not consensual.\u201d 59. John Lasseter The head of Pixar and Walt Disney Animations Studio is taking a leave of absence following \u201cdifficult,\u201d \u201cpainful\u201d conversations and \u201cmissteps,\u201d he wrote in a letter to staff, according to The Hollywood Reporter. The Toy Story and Toy Story 2 director was reportedly accused of making unwanted advances and remarks on appearances towards colleagues and collaborators. In his memo, Lasseter apologized for any actions, saying, \u201cI\u2019ve been giving a lot of thought to the leader am today compared to the mentor, advocate and champion want to be. It\u2019s been brought to my attention that have made some of you feel disrespected or uncomfortable. That was never my intent spokesperson from Disney emailed the following statement to TIME: \u201cWe are committed to maintaining an environment in which all employees are respected and empowered to do their best work. We appreciate John\u2019s candor and sincere apology and fully support his sabbatical.\u201d 58. John Conyers John Lasseter attends the premiere of The top Democrat on the House Judiciary Committee has been accused of making sexual advances toward female members of his staff, according to BuzzFeed News. Affidavits from former staffers published by the news site allege that the longest-serving member in the House of Representatives requested sexual favors and inappropriately touched female staffers. He also allegedly asked one staff member to transport and contact women with whom she believed the Congressman was having affairs with. In 2015, through Congress\u2019s Office of Compliance, Conyers settled a wrongful dismissal complaint with a former employee \u201cbecause she would not succumb to [his] sexual advances.\u201d In a statement, Conyers admits to settling the claim, but \u201cvehemently denies\u201d any of the sexual misconduct claims. The settlement, which totaled over $27,000, was paid for through Conyers\u2019s office budget, according to BuzzFeed. His statement added: \u201cTo the extent the House determines to look further at these issues will fully cooperate with an investigation.\u201d Conyers\u2019s office did not immediately respond to TIME\u2019s request for comment. 57. Charlie Rose Rep. John Conyers, D-Mich., speaks during a Congressional Progressive Caucus news conference in the Capitol Visitor Center to introduce the Deal for All resolution. Longtime television host Charlie Rose was accused by eight women of making lewd phone calls to them, walking around naked in their presence and groping their breasts and genital areas in incidents ranging from the 1990s to 2011, the Washington Post reported on Nov. 20. \u201cIt is essential that these women know hear them and that deeply apologize for my inappropriate behavior,\u201d Rose said in a statement to the Post am greatly embarrassed have behaved insensitively at times, and accept responsibility for that, though do not believe that all of these allegations are accurate always felt that was pursuing shared feelings, even though now realize was mistaken.\u201d 56. Ryan Seacrest Charlie Rose attends an event at The Paley Center for Media in New York City, on Nov. 1, 2017 former wardrobe stylist for Ryan Seacrest recently came forward to accuse the longtime radio and host of misconduct, although details about the accusation and her identity are still unclear. In a statement, Seacrest said the stylist, who worked for him at E! News a decade ago, had claimed Seacrest \u201cbehaved inappropriately toward her.\u201d Seacrest apologized if he \u201cmade her feel anything but respected\u201d but denied the \u201creckless allegations\u201d she made. The American Idol host said he plans to cooperate with \u201cany corporate inquiries.\u201d 55. Russell Simmons Model Keri Claussen Khalighi claimed Russell Simmons pulled off her clothes and coerced her into performing oral sex on him in his apartment in 1991 while Brett Ratner looked on, according to the Los Angeles Times. Khalighi, who was 17 at the time, also said Simmons later briefly penetrated her without her consent while she was in the shower. Representatives for Simmons pointed to the entrepreneur\u2019s statement on Twitter, where he \u201ccompletely and unequivocally\u201d denies the \u201chorrendous allegations of non-consensual sex\u201d made against him. Simmons said he knows Khalighi and remembers spending that weekend with her nearly three decades ago. \u201cEverything that happened between us 26 years ago was completely consensual and with Keri\u2019s full participation,\u201d he said. \u201cI\u2019m deeply saddened and truly shocked to learn of Keri\u2019s assertions as to what happened over the course of that weekend.\u201d Russell Simmons presents the Vanguard Award on stage at the 46th Image Awards in Pasadena, Calif. on Feb. 6, 2015 Russell Simmons @UncleRUSH \u00b7 Follow Statement of Russell Simmons in Response to Times Article. 9:11 \u00b7 Nov 19, 2017 1.2K Reply Copy link Read 534 replies On Nov. 30, Simmons said he would be stepping down from his company. \u201cThe voices of the voiceless, those who have been hurt or shamed, deserve and need to be heard,\u201d he said in a statement, according to CNN. \u201cAs the corridors of power inevitably make way for a new generation don\u2019t want to be a distraction so am removing myself from the businesses that founded.\u201d 54. Glenn Thrush On Nov. 20, the New York Times suspended Glenn Thrush, its White House correspondent and a leading political reporter for the paper, after a Vox report detailed allegations of sexual misconduct from several women. Vox, which spoke to three unidentified accusers, said the incidents ranged from \u201cunwanted groping\u201d to \u201cwet kisses out of nowhere\u201d to \u201chazy sexual encounters that played out under the influence of alcohol.\u201d The writer of the Vox story, Laura McGann, who previously worked with Thrush at Politico, also accused Thrush of unwanted advances was wearing a skirt, and he put his hand on my thigh. He started kissing me,\u201d she wrote pulled myself together and got out of there, shoving him on my way out.\u201d \u201cThe behavior attributed to Glenn in this Vox story is very concerning and not in keeping with the standards and values of The New York Times,\u201d the newspaper said in a statement. \u201cWe intend to fully investigate and while we do, Glenn will be suspended.\u201d New York Times reporter Glenn Thrush works in the Brady Briefing Room after being excluded from a press gaggle by White House Press Secretary Sean Spicer, in Washington, DC, on Feb. 24, 2017. The New York Times @nytimes \u00b7 Follow statement on Glenn Thrush: \u201cWe intend to fully investigate and while we do, Glenn will be suspended\u201d nyti.ms/2zkbSaK 11:20 \u00b7 Nov 20, 2017 324 Reply Copy link Read 66 replies In a statement, Thrush blamed his behavior over the past several years on his heavy drinking and apologized to \u201cany woman who felt uncomfortable in my presence.\u201d \u201cAny behavior that makes a woman feel disrespected or uncomfortable is unacceptable,\u201d he said have done things that am ashamed of, actions that have brought great hurt to my family and friends.\u201d Thrush said he would soon begin out-patient treatment for alcoholism am working hard to repair the damage have done,\u201d he said. Thrush also denied McGann\u2019s allegations. \u201cMy recollection of my interactions with Laura differs greatly from hers \u2013 the encounter was consensual, brief, and ended by me,\u201d he said. 53. Jameis Winston The said it was an investigating the Tampa Bay Buccaneers quarterback for allegedly groping an Uber driver in 2016, BuzzFeed reports. The woman told BuzzFeed that Winston \u201creached over and he just grabbed my crotch\u201d while stopped in the drive-through lane of a Mexican restaurant. Uber told BuzzFeed it banned Winston from the service. The Buccaneers said it was \u201cobtaining further information\u201d on the incident. An agent for Winston denied the claim. \u201cWe categorically deny this allegation,\u201d the agent said. \u201cIt is our understanding the uber driver was unable to identify the specific individual who allegedly touched this driver inappropriately. The only reason his name is being dragged in to this is that his uber account was used to call the ride.\u201d The agent did not immediately respond to TIME\u2019s request for comment. In December 2016, Winston settled a lawsuit with a woman who accused him of raping her in 2012 while they were students at Florida State. Winston denied the allegation and said that the sex was consensual. Quarterback Jameis Winston #3 of the Tampa Bay Buccaneers looks over his clipboard on the sidelines during an football game against the New York Jets in Tampa, on Nov. 12, 2017. 52. Sylvester Stallone The Daily Mail reported that it had obtained a police report filed by a 16-year-old girl alleging that the Rocky actor had assaulted her in the late 1980s. The woman ultimately denied to press charges, according to The Daily Mail. The Las Vegas Police Department told The Hollywood Reporter that the police report \u201cappears to be authentic\u201d in its style, but there is no record of the report \u201cgiven the time which has passed.\u201d \u201cThis is a ridiculous, categorically false story,\u201d a spokesperson for Stallone told The Hollywood Reporter. \u201cNo one was ever aware of this story until it was published today, including Mr. Stallone. At no time was Mr. Stallone ever contacted by any authorities or anyone else regarding this matter.\u201d The spokesperson did not immediately respond to TIME\u2019s request for comment. 51. Ron Jeremy \u2014 Actor Sylvester Stallone arrives at the premiere of Disney and Marvel's 'Guardians of the Galaxy Vol. 2' at Dolby Theatre in Hollywood, on April 19, 2017. More than a dozen women accused the porn star of sexual misconduct, Rolling Stone reported. The allegations include multiple accusations of rape, as well as groping and sucking a woman\u2019s breast without her consent. In a statement sent to Rolling Stone, Jeremy denied the allegations. \u201cThese allegations are pure lies or buyers remorse,\u201d he said have never and would never rape anyone. All serious allegations have been investigated by police and dismissed by judges, as have most of the accusations of \u2018groping have never been charged nor spent one day in court for any of this.\u201d Jeremy\u2019s agent did not immediately respond to TIME\u2019s request for comment. 50. Al Franken Radio anchor Leeann Tweeden alleged in a post published on that the U.S. Senator groped her and kissed her without her consent in 2006. She said that Franken, then a comedian, repeatedly tried to kiss her during rehearsals for a Adult film actor Ron Jeremy attends the 2017 Adult Video News Awards at the Hard Rock Hotel & Casino in Las Vegas, on Jan. 21, 2017. Senator Al Franken speaks at The Great Hall at Cooper Union in New York City, on Aug. 1, 2017. skit. Tweeden included a photo that appears to show Franken grabbing her breasts while she was asleep certainly don\u2019t remember the rehearsal for the skit in the same way, but send my sincerest apologies to Leeann,\u201d Franken said in a statement. \u201cAs to the photo, it was clearly intended to be funny but wasn\u2019t shouldn\u2019t have done it.\u201d 49. Adam Venit Talent agent Adam Venit arrives at the Yahoo! Sports Presents Day Of Champions event at the Sports Museum of Los Angeles on Nov. 6, 2011. Actor and former football player Terry Crews alleged that Venit, a top Hollywood agent at William Morris Endeavor, groped him at an industry party in 2016. Variety reported that placed Venit on leave pending an investigation into Crews\u2019 allegations and Venit did not respond to TIME\u2019s request for comment. 48. Dallas Clayton The Los Angeles Police are investigating an allegation of rape against the children\u2019s book author, illustrator and motivational speaker, BuzzFeed reported. Dawn Batson filed a police report on Oct. 19 and then wrote about her allegation in an Instagram post lawyer for Clayton, best known for his Awesome Book series, denied the allegations in a statement sent to BuzzFeed. \u201cMr. Clayton categorically denies Ms. Batson\u2019s allegations, and while no law enforcement officials have reached out to my client about this matter, if and when that occurs, he will cooperate fully with any purported investigation to ensure that his name is cleared,\u201d the Author Dallas Clayton attends Milk + Bookies 6th Annual Story Time Celebration in Los Angeles on April 19, 2015. attorney said. Clayton\u2019s attorney did not respond to TIME\u2019s request for comment. 47. Mark Schwahn Sophia Bush, Hilarie Burton and 16 other female cast and crew members of One Tree Hill, which aired between 2003 and 2012, published an open letter in Variety accusing Schwahn, the show\u2019s creator and showrunner, of sexual harassment and emotional manipulation. \u201cMark Schwahn\u2019s behavior over the duration of the filming of One Tree Hill was something of an \u2018open secret,'\u201d the letter read. The letter came after former One Tree Hill writer Audrey Wauchope wrote a series of tweets detailing sexual harassment on the set of her first show without naming the show or her alleged harasser. E!, which airs Schwahn\u2019s new show The Royals, told Variety it was \u201cmonitoring the information carefully.\u201d Schwahn hasn\u2019t commented publicly and his representative did not immediately respond to TIME\u2019s request for comment. Mark Schwahn attends the NBCUniversal 2015 Press Tour at the Langham Huntington Hotel on Jan. 15, 2015 in Pasadena, Calif. 46. Tom Sizemore The Hollywood Reporter reported that the actor was told to leave a film set in 2003 after an 11-year-old girl told her mother that he had touched her genitals. The girl\u2019s parents declined to press charges, and Sizemore returned for reshoots months later. Sizemore denied the allegations at the time, according to the Hollywood Reporter, and his agent declined to comment to the magazine. His manager did not immediately respond to TIME\u2019s request for comment. 45. Steve Jurvetson Tom Sizemore visits SiriusXM Studios in New York City, on Sept. 24, 2014 . Jurvetson, a board member of Tesla and a founding partner of venture capital firm Draper Fisher Jurvetson, resigned from his company and will take a leave of absence from Tesla amid an investigation into his behavior with women, the New York Times reported. Tech entrepreneur Keri Kukral wrote on Facebook last month: \u201cWomen approached by a founding partner of Draper Fisher Jurvetson should be careful.\u201d Jurvetson confirmed his departure on Twitter, but denied the allegations am leaving to focus on personal matters, including taking legal action against those whose false statements have defamed me,\u201d he wrote. He did not immediately respond to TIME\u2019s request for comment. 44. Richard Dreyfuss Partner Steve Jurvetson speaks onstage during TechCrunch Disrupt 2017 at Pier 48 in San Francisco, on Sept. 18, 2017. Writer Jessica Teich told Vulture that the actor sexually harassed her and once exposed himself to her over a period of two to three years in the mid-1980s. Dreyfuss denied the allegations in a statement to Vulture, but admitted to flirting with women emphatically deny ever \u2018exposing\u2019 myself to Jessica Teich, whom have considered a friend for 30 years did flirt with her, and remember trying to kiss Jessica as part of what thought was a consensual seduction ritual that went on and on for many years,\u201d he said am horrified and bewildered to discover that it wasn\u2019t consensual didn\u2019t get it. It makes me reassess every relationship have ever thought was playful and mutual spokesperson for Dreyfuss did not immediately respond to TIME\u2019s request for comment. 43. George Takei Actor Richard Dreyfuss attends the Life Achievement Award gala at Dolby Theatre in Hollywood, on June 8, 2017. Former model Scott Brunton told that the Star Trek star and activist groped him when he was passed out nearly 40 years ago. Takei denied the allegations in a series of tweets, writing \u201cnon-consensual acts are so antithetical to my values and my practices, the very idea that someone would accuse me of this is quite personally painful.\u201d Takei\u2019s agent did not immediately respond to TIME\u2019s request for comment. George Takei attends opening night of 'King Of The Yees' at Kirk Douglas Theatre in Culver City, Calif., on July 16, 2017. George Takei @GeorgeTakei \u00b7 Follow Friends, I'm writing to respond to the accusations made by Scott R. Bruton want to assure you all that am as shocked and bewildered at these claims as you must feel reading them. /1 8:01 \u00b7 Nov 11, 2017 9.1K Reply Copy link Read 1.8K replies George Takei \u00b7 Nov 11, 2017 @GeorgeTakei \u00b7 Follow Friends, I'm writing to respond to the accusations made by Scott R. Bruton want to assure you all that am as shocked and bewildered at these claims as you must feel reading them. /1 George Takei @GeorgeTakei \u00b7 Follow The events he describes back in the 1980s simply did not occur, and do not know why he has claimed them now have wracked my brain to ask if remember Mr. Brunton, and cannot say do. /2 8:03 \u00b7 Nov 11, 2017 3.5K Reply Copy link Read 573 replies George Takei \u00b7 Nov 11, 2017 @GeorgeTakei \u00b7 Follow Replying to @GeorgeTakei The events he describes back in the 1980s simply did not occur, and do not know why he has claimed them now have wracked my brain to ask if remember Mr. Brunton, and cannot say do. /2 George Takei @GeorgeTakei \u00b7 Follow But do take these claims very seriously, and wanted to provide my response thoughtfully and not out of the moment. /3 8:03 \u00b7 Nov 11, 2017 3.4K Reply Copy link Read 248 replies George Takei \u00b7 Nov 11, 2017 @GeorgeTakei \u00b7 Follow Replying to @GeorgeTakei But do take these claims very seriously, and wanted to provide my response thoughtfully and not out of the moment. /3 George Takei @GeorgeTakei \u00b7 Follow Right now it is a he said / he said situation, over alleged events nearly 40 years ago. But those that know me understand that non-consensual acts are so antithetical to my values and my practices, the very idea that someone would accuse me of this is quite personally painful. /4 8:04 \u00b7 Nov 11, 2017 4.4K Reply Copy link Read 1.2K replies George Takei \u00b7 Nov 11, 2017 @GeorgeTakei \u00b7 Follow Replying to @GeorgeTakei Right now it is a he said / he said situation, over alleged events nearly 40 years ago. But those that know me understand that non- consensual acts are so antithetical to my values and my practices, the very idea that someone would accuse me of this is quite personally painful. /4 George Takei @GeorgeTakei \u00b7 Follow Brad, who is 100 percent beside me on this, as my life partner of more than 30 years and now my husband, stands fully by my side cannot tell you how vital it has been to have his unwavering support and love in these difficult times. /5 8:05 \u00b7 Nov 11, 2017 5.6K Reply Copy link Read 692 replies George Takei \u00b7 Nov 11, 2017 @GeorgeTakei \u00b7 Follow Replying to @GeorgeTakei Brad, who is 100 percent beside me on this, as my life partner of more than 30 years and now my husband, stands fully by my side cannot tell you how vital it has been to have his unwavering support and love in these difficult times. /5 George Takei @GeorgeTakei \u00b7 Follow Thanks to many of you for all the kind words and trust. It means so much to us. Yours in gratitude, George /end 8:06 \u00b7 Nov 11, 2017 9.3K Reply Copy link Read 2.5K replies 42. Andrew Kreisberg Warner Bros. Television Group suspended and will investigate Kreisberg amid allegations of sexual harassment and inappropriate physical contact, Variety reported. Kreisberg is the co-creator and executive producer of several shows on The CW, including Arrow, Supergirl and The Flash. Warner Brothers announced in a statement on Nov. 29 that it had fired Kreisberg. Kreisberg strongly denied the allegations, according to Variety. His agent did not immediately respond to TIME\u2019s request for comment. 41. Eddie Berganza BuzzFeed reported that three women alleged that the Comics editor sexually harassed them, including allegations of kissing without consent and attempted groping. The report claims that five people, including two of the women, reported the allegations, but Berganza got promoted anyway Comics has since suspended Berganza, who hasn\u2019t commented publicly on the allegations. \u201cThere will be a prompt and yet careful review into next steps as it relates to the allegations against him, and the concerns our talent, employees Producer Andrew Kreisberg speaks onstage during The Executive Producers' panel discussion during The portion of the 2016 Television Critics Association Summer Tour at The Beverly Hilton Hotel on ...More and fans have shared continues to be extremely committed to creating a safe and secure working environment for our employees and everyone involved in the creation of our comic books Comics said in a statement. Berganza did not immediately respond to TIME\u2019s request for comment. 40. Steve Lebsock The Denver Post reported that Democratic Colorado State Rep. Faith Winter alleged that Lebsock, a fellow Democratic state representative, spoke explicitly about sex and grabbed her elbow in an attempt to get her to leave with him at a 2016 party. In an interview with the Post, Lebsock denied Winter\u2019s allegations, but said he was drinking the night of the party. \u201cI\u2019m extremely sorry that Rep. Winter has been hurt, but can also say honestly that do not remember ever saying anything inappropriate to Rep. Winter,\u201d he said can\u2019t say with certainty about every single word that was spoken just honestly do not remember saying anything close to that.\u201d He did not immediately respond to TIME\u2019s request for comment. 39. Sepp Blatter U.S. soccer star Hope Solo alleged in an interview with Portuguese newspaper Expresso that the former Fifa president grabbed her butt at Fifa\u2019s Ballon d\u2019Or awards ceremony in 2013, according to the Guardian. Blatter denied the allegation through a spokesperson, according to the Guardian. \u201cThis allegation is ridiculous,\u201d the spokesperson said. Blatter\u2019s attorney did not immediately respond to TIME\u2019s request for comment. 38. Matthew Weiner Producer Andrew Kreisberg speaks onstage during The Executive Producers' panel discussion during The portion of the 2016 Television Critics Association Summer Tour at The Beverly Hilton Hotel on ...More In an interview with The Information, Emmy-award winner Kater Gordon, formerly Weiner\u2019s personal assistant and a staff writer on Mad Men, said that the showrunner allegedly told her that she owed it to him to allow him to see her naked year later, Gordon was fired from the award-winning series spokesperson for Weiner directed to a statement given to The Information saying that the Mad Men creator denied the alleged interaction with Gordon. \u201cMr. Weiner spent eight to ten hours a day writing dialogue aloud with Miss Gordon, who started on \u2018Mad Men\u2019 as his writers assistant. He does not remember saying this comment nor does it reflect a comment he would say to any colleague,\u201d the spokesperson said. 37. Louis C.K. Matthew Weiner attends Cinema's Legacy conversation for In a New York Times investigation, two women alleged that the comedian masturbated in front of them, while another said that she could hear him masturbating on the phone. Two others claimed that the Lucky Louie star asked if he could masturbate in front of them. C.K. said that the allegations are true in a statement released Nov. 10 have been remorseful of my actions. And I\u2019ve tried to learn from them. And run from them. Now I\u2019m aware of the extent of the impact of my actions,\u201d he said learned yesterday the extent to which left these women who admired me feeling badly about themselves and cautious around other men who would never have put them in that position.\u201d Read his full statement here. 36. Gary Goddard Former E.R. star Anthony Edwards wrote a Medium post alleging that the producer and director molested him when he was 12 and raped one of his best friends. Louis C.K. attends and Vanity Fair Emmy Celebration at Craft in Century City, Calif. on on Sept. 16, 2017. Goddard denied the allegations in a statement from his spokesperson. \u201cGary played an important role in helping start Anthony\u2019s acting career and acted as his personal manager. He has nothing but the greatest respect for Anthony as a person,\u201d the spokesperson said. \u201cGary is saddened by the false allegations.\u201d 35. Jann Wenner Writer Ben Ryan told BuzzFeed that the Rolling Stone magazine founder offered him writing work in exchange for sex and kissed him without his consent. In a statement, Wenner denied the allegations met him twelve years ago and did flirt with him. There was no quid pro quo,\u201d Wenner said. \u201cHe refused my advances, but still went on to have his assignment from Men\u2019s Journal published.\u201d 34. Roy Moore Jann Wenner on the show on Nov. 7, 2017. The Washington Post reported that the Senate candidate allegedly initiated a sexual encounter with Leigh Corfman in 1979 when she was 14, and he was a 32- year-old assistant district attorney. Moore allegedly made repeated advances, including kissing on one occasion, and in a subsequent encounter took off her clothes and his clothes and touched her wanted it over with,\u201d Corfman told the Post. Three other women also told the Post that Moore initiated relationships with them while they were between the ages of 16 and 18 and he was in his 30s. According to the Post, the three women said that Moore never forced sexual contact, and the physical relationships did not go beyond kissing. Moore denied the allegations in a statement sent to the Post. \u201cThese allegations are completely false and are a desperate political attack by the National Democrat Party and the Washington Post on this campaign,\u201d he said. In a statement sent to TIME, Moore\u2019s campaign chair called the allegations the \u201cvery definition of fake news and intentional defamation.\u201d 33. Andr\u00e9 Balazs Roy Moore, speaks at a campaign rallyin Fairhope, Alabama on Sept. 25, 2017. In a story in the New York Times, actor Amanda Anka alleged that the hotelier reached up her dress while she was climbing a ladder and grabbed her crotch in 2014. Anka, who is married to actor Jason Bateman, was among a group of \u201cHorrible Bosses 2\u201d stars whom Balazs took for a tour of his London hotel, The Chiltern, at a celebration for the film. Anka immediately told the group what happened, and Bateman confronted Balazs before the couple left the hotel. Anka and Bateman\u2019s publicist released a statement to the Times confirming the details: \u201cOn behalf of Jason Bateman and Amanda Anka, we can confirm that the account of Andr\u00e9 Balazs\u2019s outrageous and vile behavior on that night in London is factual\u2026 His actions were dealt with at the time.\u201d In addition to the Chiltern, Balazs, 60, owns Chateau Marmot in Los Angeles, the Mercer in Manhattan and Sunset Beach in Long Island, New York. He stepped down from board of the Standard earlier this year. Andr\u00e9 Balazs Attends the White Cube & Soho Beach House Party in Miami Beach, on Nov. 29, 2016. Three more women shared stories of misconduct with the Times. Sarah, a former employee at the Chateau Marmont, told the Times that Balazs invited her to dinner, then took her to a mud-wrestling event where he pinned her against a wall, kissed her and penetrated her with his fingers in 1991. Sarah showed emails to the Times in which she confronted Balazs, and he wrote he didn\u2019t remember the events but offered to talk second former employee reported that he pinned her against the wall of an elevator and tried to kiss her media executive said he reached between her legs from behind and grabbed her crotch at a New York Fashion Week party in 2013. Balazs did not return request for comment from or the New York Times. 32. Dan Schoen Rep. Dan Schoen at the Minnesota State Office Building in St. Paul, Minn. on March 10, 2026. Multiple women accused the Democratic Minnesota State senator of sexual harassment, MinnPost reported. The allegations include grabbing a woman\u2019s butt and sending an image of male genitalia. Some of Schoen\u2019s fellow Democrats, including Minnesota Gov. Mark Dayton, have called on the lawmaker to resign. In a statement to MinnPost, Schoen said the allegations were \u201ceither completely false or have been taken far out of context.\u201d He added: \u201cIt was never my intention to leave the impression was making an inappropriate advance on anyone feel terrible that someone may have a different interpretation of an encounter, but that is the absolute truth also unequivocally deny that ever made inappropriate contact with anyone\u2026 Despite this, if any of my actions or words have ever made another person feel uncomfortable or harassed deeply regret it and truly apologize.\u201d Schoen did not immediately respond to TIME\u2019s request for comment. 31. Steven Seagal Steven Seagal in Los Angeles, Feb. 23, 2017. Portia de Rossi alleged on Twitter that the Above the Law actor \u201cunzipped his leather pants\u201d during an audition. The Good Wife star Julianna Margulies said in an interview on Sirius XM\u2019s \u201cJust Jenny Show\u201d on Nov. 3 that a casting agent sent her to Seagal\u2019s hotel room for an audition, where she saw his gun. Seagal has faced other allegations dating back to at least 1998. Portia de Rossi @portiaderossi \u00b7 Follow My final audition for a Steven Segal movie took place in his office. He told me how important it was to have chemistry off-screen as he sat me down and unzipped his leather pants ran out and called my agent. Unfazed, she replied, \u201cwell didn\u2019t know if he was your type.\u201d 5:49 \u00b7 Nov 8, 2017 60.7K Reply Copy link Read 3.2K replies Seagal has denied claims of sexual harassment in the past, but hasn\u2019t commented publicly on de Rossi or Margulies\u2019 claims. His manager did not immediately respond to TIME\u2019s request for comment. 30. Jeffrey Tambor Amazon confirmed to Deadline that it is investigating the Transparent star following allegations of sexual harassment. Tambor\u2019s former assistant first made the claims in a private Facebook post, according to Deadline. Tambor denied the allegations in a statement to Deadline am aware that a former disgruntled assistant of mine has made a private post implying that had acted in an improper manner toward her,\u201d he said adamantly and vehemently reject and deny any and all implication and allegation that have ever engaged in any improper behavior toward this person or any other person have ever worked with am appalled and distressed by this baseless allegation.\u201d An agent for Tambor told he had no further comment beyond his statement to Deadline. 29. Ed Westwick Jeffrey Tambor accepts Outstanding Lead Actor in a Comedy Series for Transparent onstage during the 68th Annual Primetime Emmy Awards on Sept. 18, 2016 in Los Angeles. In a detailed Facebook post, actor Kristina Cohen alleged that the former Gossip Girl star raped her three years ago. She alleges that she was brought to Westwick\u2019s home by a producer she was dating at the time. She took a nap in the guest bedroom, where Westwick allegedly fingered and raped her fought him off as hard as could but he grabbed my face in his hands, shaking me, telling me he wanted to f\u2014 me was paralyzed, terrified,\u201d she wrote.\u201d Westwick denied the allegation in an Instagram post do not know this woman have never forced myself in any manner, on any woman certainly have never committed rape,\u201d he wrote. His manager did not immediately respond to TIME\u2019s request for comment. 28. Dustin Hoffman Ed Westwick attends the Virgin British Academy Television Awards ceremony at the Royal Festival Hall in London, on May 14, 2017. Author Anna Graham Hunter wrote an essay for the Hollywood Reporter, in which she alleges that Hoffman sexually harassed her on the set of the 1985 film Death of a Salesman when she was just 17 years old. Hunter claims that Hoffman groped her and made inappropriate comments to her. In a statement to the Hollywood Reporter, Hoffman said have the utmost respect for women and feel terrible that anything might have done could have put her in an uncomfortable situation am sorry. It is not reflective of who am spokesperson for Hoffman did not immediately respond to TIME\u2019s request for comment. 27. Brett Ratner Actor Dustin Hoffman arrives at the Hollywood Foreign Press Association's Grants Banquet at the Beverly Wilshire Four Seasons Hotel in Beverly Hills, on Aug. 2, 2017. The Los Angeles Times interviewed six women, including actors Olivia Munn and Natasha Henstridge, who alleged that producer and director sexually harassed or assaulted them. The allegations include forcing oral sex, masturbating in front of one woman and graphically discussing sex. In a statement to the Times, Ratner\u2019s lawyer, Martin Singer, \u201ccategorically\u201d denied the allegations have represented Mr. Ratner for two decades, and no woman has ever made a claim against him for sexual misconduct or sexual harassment,\u201d Singer said. \u201cFurthermore, no woman has ever requested or received any financial settlement from my client.\u201d Ratner\u2019s attorney did not immediately respond to TIME\u2019s request for comment. 26. Jeremy Piven Film director Brett Ratner during the 2017 Sun Valley Film Festival on March 18, 2017 in Sun Valley, Idaho. Actor Ariane Bellamar alleged on Twitter that Piven groped her on the set of Entourage. CBS, which airs Wisdom of the Crowd starring Piven, said it would investigate the allegations, according to the Associated Press. Ariane Bellamar @ArianeBellamar \u00b7 Follow Hey @jeremypiven! \u2018Member when you cornered me in your trailer on the #Entourage set? \u2018Member grabbing my boobies on the without asking?? 4:57 \u00b7 Oct 30, 2017 652 Reply Copy link Read 262 replies Piven denied the allegations in a statement sent to Entertainment Weekly unequivocally deny the appalling allegations being peddled about me. It did not happen,\u201d Piven said. \u201cIt takes a great deal of courage for victims to come forward Jeremy Piven discusses with their histories, and my hope is that the allegations about me that didn\u2019t happen, do not detract from stories that should be heard.\u201d 25. Michael Oreskes The Washington Post reported that Oreskes, currently NPR\u2019s senior vice president of news and editorial director, kissed women without their consent while he was the Washington bureau chief of the New York Times almost two decades ago. Another woman, according to NPR, said that Oreskes brought up personal details during career counseling session while she worked with him at NPR. Oreskes resigned from his post on Nov. 1. In an internal memo obtained by CNN, he wrote am deeply sorry to the people hurt. My behavior was wrong and inexcusable, and accept full responsibility.\u201d Oreskes did not respond to TIME\u2019s request for comment. 24. Andy Dick Michael Oreskes, senior vice president of news and editorial director of National Public Radio (NPR), speaks at the Newseum in Washington, DC, on June 5, 2017. Comedian Andy Dick attends #NotWithHim Event in Los Angeles, on Aug. 19, 2016. The Hollywood Reporter reported that the actor was fired from independent film Raising Buchanan after allegations of sexual harassment including groping people\u2019s genitals, making unwanted sexual advances and unwanted kissing and licking. Dick confirmed to the Hollywood Reporter that he was let go from the film. He denied groping anyone, but didn\u2019t deny the propositioning or kissing allegations might have kissed somebody on the cheek to say goodbye and then licked them. That\u2019s my thing,\u201d he told the magazine. \u201cIt\u2019s me being funny. I\u2019m not trying to sexually harass people.\u201d 23. Kevin Spacey Actor Anthony Rapp alleged in an interview with BuzzFeed that Spacey placed him on a bed, climbed on top of him and made a sexual advance when Rapp was only 14 years old. In a statement posted on Twitter, Spacey said he didn\u2019t remember the encounter. \u201cI\u2019m beyond horrified to hear his story,\u201d Spacey wrote. \u201cBut if did Kevin Spacey speaks onstage at the 2017 British Academy Britannia Awards Presented by American Airlines And Jaguar Land Rover at The Beverly Hilton Hotel in Beverly Hills, on Oct. 27, 2017. behave then as he describes owe him the sincerest apology for what would have been deeply inappropriate drunken behavior, and am sorry for the feelings he describes having carried with him all these years.\u201d 22. Hamilton Fish Fish, the president and publisher of The New Republic, resigned from his post after the company opened an investigation into complaints related to \u201cinteractions between [Fish] and a number of women employees,\u201d the New York Times reports appreciate the candor our employees have displayed in coming forward with their concerns, and take the concerns very seriously,\u201d The New Republic\u2018s owner Win McCormack said in a letter to employees, according to the Times. The investigation comes after allegations that former literary editor Leon Wieseltier harassed his colleagues during his time at the magazine. Fish has not commented publicly. In his resignation letter, Fish wrote: Women have longstanding and profound concerns with respect to their treatment in the workplace. Many men have a lot to learn in this regard know do, and hope for and encourage their new direction.\u201d He did not immediately respond to TIME\u2019s request for comment. 21. Stephen Collins Hamilton Fish attends Tribeca Talks: After the Movie: Journalist Mimi Kramer alleged in a blog post that the 7th Heaven actor \u201cfondled\u201d her twice at the Drama Desk Awards about 30 years ago. \u201cThe first time couldn\u2019t believe it had happened. The second time turned back to look at him, and he smiled and winked at me before going back to smiling and winking at people in the audience,\u201d she wrote. In 2014, Collins admitted and apologized for inappropriate sexual conduct with three minors between 1973 to 1994 manager for Collins did not immediately respond to TIME\u2019s request for comment about Kramer\u2019s allegations. 20. Ken Baker E! News said it was investigating correspondent Ken Baker, Variety reported, after two women claimed he sexually harassed them. One former employee told The Wrap that Baker asked her to sit on his lap, while a former intern told the Stephen Collins arrives at The David Lynch Foundation hosts a Author Ken Baker attends publication that he propositioned her for sex and texted her that he wanted to give her \u201ca Tiffany dildo with \u2018Ken Baker\u2019 engraved on the shaft.\u201d \u201cE! has a longstanding commitment to providing a safe working environment in which everyone is treated with respect and dignity,\u201d E! told Variety in a statement. \u201cWe take all complaints of misconduct very seriously, and thoroughly investigate all allegations of harassment am very disturbed by these anonymous allegations, which make my heart ache take them very seriously,\u201d Baker said in a statement to the Wrap care deeply for people\u2019s feelings and sincerely live in a way that treats people with dignity and respect.\u201d 19. Rick Najera Najera, a writer and producer who headed CBS\u2019 Diversity Sketch Comedy showcase, left his role following an investigation focused on inappropriate comments Najera allegedly made to performers, Variety reported. He allegedly told one woman that he and his wife were in an open relationship and made lewd Actor Rick Najera speaks onstage during The Los Angeles Times and Hoy 2015 Latinos de Hoy Awards at Dolby Theatre in Hollywood, on Oct. 11, 2015. comments to another. Rachel Bloom, the star of Crazy Ex-Girlfriend, confirmed to Variety that she sent an email to warn other women of Najera\u2019s behavior and encourage them to come forward. \u201cIn March 2017 became aware of inappropriate comments made during the production of the Diversity Comedy Showcase, and remedial action was taken at that time, which the company felt was appropriate to the matter. Subsequent information has recently emerged. After looking into these reports and a discussion with Mr. Najera, he has resigned from his role with the Diversity Comedy Showcase,\u201d a spokesperson for told Variety representative for Najera declined to comment to Variety. 18. Mark Halperin Halperin apologized after five women told that he had sexually harassed them while he was the political director of News. The women, who all spoke to anonymously, alleged that the journalist, who co-authored Game Change and worked for from 2007 to 2014, propositioned employees for Mark Halperin from Showtime's 'The Circus' participates in a panel discussion at the Showtime- presented finale reception and discussion of the second season of ...More sex, touched them with his genitals and groped one woman\u2019s breasts without her consent. (Halperin denies grabbing a woman\u2019s breasts and pressing his genitals against women, according to News and MSNBC, which currently employs Halperin, told CNN\u2019s Oliver Darcy that Halperin \u201cis leaving his role as a contributor until the questions around his past conduct are fully understood.\u201d \u201cDuring this period did pursue relationships with women that worked with, including some junior to me,\u201d Halperin said in a statement to now understand from these accounts that my behavior was inappropriate and caused others pain. For that am deeply sorry and apologize. Under the circumstances, I\u2019m going to take a step back from my day-to-day work while properly deal with this situation.\u201d 17. Knight Landesman Landesman resigned as the publisher of art magazine Artforum on Oct. 25 after at least nine women accused him of sexual harassment in a lawsuit. According to Knight Landesman attends the Independent Art Fair at Spring Studios in New York City, on March 2, 2017. the New York Times, Landesman asked employees questions about their sex lives and touched them without their consent. The suit also claims that the owners of Artforum knew about Landesman\u2019s alleged behavior but didn\u2019t intervene. \u201cWe will do everything in our ability to bring our workplace in line with our editorial mission, and we will use this opportunity to transform Artforum into a place of transparency, equity, and with zero tolerance for sexual harassment of any kind,\u201d a statement from Artforum\u2019s three publishers said, according to the Times fully recognize that have tested certain boundaries, which am working hard to correct,\u201d Landesman told artnet News have never willfully or intentionally harmed anyone. However am fully engaged in seeking help to insure that my behavior with both friends and colleagues is above reproach in the future.\u201d 16. President George H. W. Bush Six women, including actor Heather Lind, have alleged that the former president grabbed their buttocks without consent. Roslyn Corrigan told that Bush President George H.W. Bush arrives for the coin toss prior to Super Bowl 51 between the Atlanta Falcons and the New England Patriots at Stadium on February 5, 2017 in Houston, Texas. groped her at an event in 2003 when she was just 16. Bush\u2019s spokesperson told TIME: \u201cGeorge Bush simply does not have it in his heart to knowingly cause anyone harm or distress, and he again apologizes to anyone he may have offended during a photo op.\u201d The spokesperson previously said that the former president \u201chas patted women\u2019s rears in what he intended to be a good-natured manner.\u201d 15. Leon Wieseltier Wieseltier, a former editor of The New Republic, apologized on Oct. 24 for \u201coffenses against some of my colleagues in the past number of women who worked with Wieseltier at The New Republic exchanged emails detailing his alleged sexual harassment, including kissing them without their consent and sharing graphic details about his sex life, according to the New York Times. In the wake of the allegations, Laurene Powell Jobs announced that her company, the Emerson Collective, would no longer publish Wieseltier\u2019s new magazine, which was scheduled to debut in late October. American author and literary critic Leon Wieseltier at his home in Washington, DC. \u201cFor my offenses against some of my colleagues in the past offer a shaken apology and ask for their forgiveness,\u201d Wieseltier said in a statement to the Times. \u201cThe women with whom worked are smart and good people am ashamed to know that made any of them feel demeaned and disrespected assure them will not waste this reckoning.\u201d 14. Roman Polanski California artist Marianne Barnard alleged to the Sun that the director sexually assaulted her when she was just 10 years old. According to the Guardian, Barnard filed a report with with the Los Angeles Police Department and called on the Academy of Motion Picture Arts and Sciences to revoke his membership. Barnard is the fifth woman to accuse Polanski of sexual assault, Polanski pleaded guilty to unlawful sex with a minor before fleeing the country before sentencing in 1978. Polanski denied Barnard\u2019s claims to the Guardian entirely reject the unfounded allegations of Mme. Barnard, of whom have no knowledge,\u201d he said. Polanski\u2019s lawyer did not immediately respond to TIME\u2019s request for comment. Roman Polanski talks to the media in Krakow, Poland, on October 30, 2015. 13. Ethan Kath Alice Glass, Kath\u2019s former bandmate in electronic band Crystal Castles, claimed in a post on her website published on Oct. 24 that Kath sexually assaulted her and subjected her to \u201calmost a decade of abuse, manipulation and psychological control\u201d beginning when she was just 15 years old. \u201cOver a period of many months, he gave me drugs and alcohol and had sex with me in an abandoned room at an apartment he managed,\u201d she wrote. \u201cIt wasn\u2019t always consensual and he remained sober whenever we were together.\u201d Glass left the band in 2014, and was replaced by Edith Frances. Kath denied Glass\u2019 claims in a statement from his attorney sent to Pitchfork am outraged and hurt by the recent statements made by Alice about me and our prior relationship,\u201d he said. \u201cHer story is pure fiction and am consulting my lawyers as to my legal options. Fortunately, there are many witnesses who can and will confirm that was never abusive to Alice manager for Crystal Castles did not immediately respond to TIME\u2019s request for comment. 12. R. Kelly Ethan Kath performing on stage in 2008. In an interview with Rolling Stone, Kitti Jones alleged that the rapper physically abused her, sexually coerced and emotionally manipulated her throughout their 2-year-relationship. She claimed the \u201cIgnition\u201d performer made her follow rules that dictated when she could eat and when she could go to the bathroom. Kelly denied the allegations in a statement to Rolling Stone, and his attorney did not immediately respond to TIME\u2019s request for comment on Jones\u2019 allegations. Kelly has faced allegations of emotional abuse and sex with underage women, which he has consistently denied, since at least 1996. In 2008, Kelly was acquitted of all charges in a child pornography case after he was accused of making a sex tape with an underage girl. 11. Terry Richardson R. Kelly performs in concert at The Bass Concert Hall in Austin, on March 3, 2017. On Oct. 23, the Telegraph reported that Conde Nast International banned photographer Terry Richardson from working for any of its titles, which include the international editions of Vogue and spokesperson for Conde Nast International confirmed the report to TIME. Richardson has faced allegations of sexual harassment from models and others he worked with for years, which he has denied. The U.S. arm of Conde Nast, which publishes U.S. Vogue and Vanity Fair (both of which have published Richardson\u2019s work), also has no plans to work with Richardson. In a statement to TIME, Conde Nast U.S. said: \u201cCond\u00e9 Nast has nothing planned with Terry going forward. Sexual harassment of any kind is unacceptable and should not be tolerated.\u201d \u201cTerry is disappointed to hear about this email especially because he has previously addressed these old stories,\u201d a spokesperson for Richardson told in a statement. \u201cHe is an artist who has been known for his sexually explicit work so many of his professional interactions with subjects were sexual and explicit in nature but all of the subjects of his work participated consensually.\u201d 10. James Toback Terry Richardson seen out in Soho with his bike in New York City, on July 24, 2015. James Toback, a 72-year-old Hollywood director and writer who has been nominated for an Oscar, was accused of sexually harassing 38 women, according to a Los Angeles Times report. All but seven of the women the Los Angeles Times interviewed spoke on the record. According to the report, Toback would lure them to places like hotel rooms on the premise of promising an audition for a film, only to try and engage them in sexual encounters and ask them questions about masturbation. 9. John Besh According to an investigation published by the Times-Picayune, 25 women say they were victims of sexual harassment by male co-workers and bosses while working at one of Besh\u2019s restaurants. One former employee alleged in an Equal Employment Opportunity Commission complaint that Besh himself \u201ccontinued to attempt to coerce (her) to submit to his sexual overtures\u201d during their sexual relationship, and that she faced retaliation from other employees when she attempted to end the relationship. John Besh attends the Grand Tasting in New York City, on Oct. 17, 2015 . In a statement, Besh said that the relationship was consensual but said \u201cI\u2026 sincerely apologize to anyone past and present who has worked for me who found my behavior as unacceptable as do.\u201d The general counsel for the Besh Restaurant Group said in a statement that \u201cwe believe going forward that everyone at our company will be fully aware of the clear procedures that are now in place to safeguard against anyone feeling that his or her concerns will not be heard and addressed free from retaliation.\u201d On Monday, the Advocate reported that Besh stepped down from his company \u201cto provide his full focus on his family.\u201d 8. Lockhart Steele On Oct. 19, the Awl reported that Steele, the editorial director at Vox Media, had been fired for inappropriate conduct. \u201cLock admitted engaging in conduct that is inconsistent with our core values and is not tolerated at Vox Media,\u201d a Vox Media spokesperson said in a statement to TIME. \u201cVox Media is committed to fostering a safe and welcoming community, and appreciates those who have been willing to speak up and share information during the course of this investigation.\u201d Eden Rohatensky, a former Vox Media employee, wrote a Medium post alleging sexual harassment by a at a former company that she worked for. She did not explicitly name Vox Media or Steele in her post. The Awl later reported that Vox Media Jim Bankoff \u201ceffectively confirmed that the in Eden Rohatensky\u2019s Medium post was about Steele\u201d during a previously scheduled all-hands meeting on Friday. Steele did not immediately respond to TIME\u2019s request for comment. The Vox Media spokesperson said it could not comment beyond the statement. 7. Robert Scoble Three women said that Scoble, a former Microsoft employee, \u201ctech evangelist\u201d and writer, acted inappropriately with them between 2009 and 2014, according to Business Insider. Journalist Quinn Norton claimed in a blog post published on Thursday that Scoble had groped her and that she had witnessed him groping and kissing a woman who was too drunk to consent. Michelle Greer, who worked with Scoble at Rackspace, told Buzzfeed that Scoble had groped her at a 2010 tech conference. Startup ProDay founder Sarah Kunst claimed on Twitter that Scoble \u201cverbally harassed her.\u201d Scoble denied the allegations in a post published on his website. He did not immediately respond to TIME\u2018s request for comment. 6. Chris Savino Nickelodeon said on Oct. 19 that it had fired Savino, the creator of the network\u2019s animated series The Loud House, after a number of women came forward alleging that he had sexually harassed them. According to the Hollywood Reporter, at least a dozen women said that Savino acted inappropriately with Tech blogger Robert Scoble at the Dublin web summit being held at the in Dublin. them, including making unwanted advances and threatening women who had ended consensual relationships with him. In a statement posted on Facebook on Oct. 24, Savino said he was \u201cdeeply sorry.\u201d \u201cAlthough it was never my intention now understand that the impact of my actions and communications created an uncomfortable environment,\u201d he wrote have nothing but the deepest respect for the bravery of the women who have spoken out, trying to create an environment in which they can thrive and reach their fullest potential.\u201d His manager did not immediately respond to TIME\u2019s request for comment. 5. David Blaine In an interview with the Daily Beast, model Natasha Prince claimed that the magician raped her in London in 2004. Scotland Yard said it is now investigating Magician David Blaine speaks during Genius Gala 6.0 at Liberty Science Center in Jersey City, New Jersey, on May 5, 2017. the allegations. \u201cThere have been no arrests at this stage and enquiries continue,\u201d the police force said in a statement to the Daily Beast. Blaine\u2019s spokesperson denied the claim in a statement to the Daily Beast. \u201cMy client vehemently denies that he raped or sexually assaulted any woman, ever, and he specifically denies raping a woman in 2004,\u201d the statement said. \u201cIf, in fact, there is any police investigation, my client will fully cooperate because he has nothing to hide spokesperson for Blaine did not immediately respond to TIME\u2019s request for comment. 4. Bob Weinstein Amanda Segel, a former executive producer on The Mist, a series produced by the Weinstein Company, told Variety that Weinstein made a number on unwanted advances on her for a period of three months. Segel said that the alleged harassment only stopped after she told Weinstein Company executives that she\u2019d leave the project if Weinstein did not stop his behavior. Spike TV, which aired The Mist, told the Associated Press that it would be investigating Segel\u2019s claims. Executive producer Bob Weinstein attends the and Dimension premiere of Weinstein\u2019s attorney, Bert Fields, denied the claims in a statement to TIME, calling them \u201cdemonstrably false and misleading.\u201d Both parties sent emails to showing conversations between the two. In one, Segel wrote would certainly like to have dinner with you again but only as a non-romantic friendship.\u201d Weinstein responded: \u201cAgreed that romance is something not to pursue, so if u can stand to be around my charming, funny company would glad to be around yours.\u201d In another exchange, Weinstein wrote: \u201cIf u would like to get together for dinner before the 8th or 9th, then let me know what works for you. If u can\u2019t, then hopefully, u can make it on that weekend. If u can\u2019t do that, then your fired!!! Oh forgot, we are supposed to be friends. Ha! Let me know what works. We have lots of laughter ahead of us. That we know for sure.\u201d Segel\u2019s attorney said in a statement to TIME: \u201cAmanda Segel was the victim of sexual harassment by Bob Weinstein. As she eloquently put it, \u2018the word \u2018no\u2019 should be enough\u2019 for any woman. Unfortunately, it was not in her case. Ms. Segel should be applauded for coming forward with her truthful allegations. The efforts to deny the harassment are shameful.\u201d 3. Roy Price Price, the head of Amazon Studios and a frequent collaborator with the Weinstein Company, resigned after Isa Dick Hackett, a producer on the Amazon series The Man in the High Castle, told the Hollywood Reporter that he had sexually harassed her in 2015. Hackett, who said she made it clear wasn\u2019t interested, alleges that Price propositioned her and told her \u201cyou will love my dick.\u201d Hackett said she reported his behavior to executives and spoke to outside investigators, but wasn\u2019t notified of any outcome. After her allegations became public, Amazon put Price on leave, and soon afterwards he resigned. Price declined to comment on the allegations to the Hollywood Reporter. Price\u2019s attorney did not immediately respond to TIME\u2019s request for comment. 2. Oliver Stone Vice President Amazon Studios Roy Price attends After the director condemned the allegations against Weinstein, model Carrie Stevens told the New York Daily News that Stone grabbed her breast at a party two decades ago. Academy Award-winning actor Patricia Arquette also wrote on Twitter that she had a \u201cweird\u201d encounter with Stone, where he sent her flowers and asked her why she brought her boyfriend to a movie screening he had invited her to. Not found 1/ Years ago Oliver Stone wanted me to do a movie.We talked about the Material which was very sexual.The meeting was professional. \u2014 Patricia Arquette (@PattyArquette) October 13, 2017 Oliver Stone gives a speech during the Starmus Festival in Trondheim, Norway, on June 21, 2017. Not found 2/ then received from him long stem jungle roses. It's not uncommon to receive flowers but something about them felt weird ignored it \u2014 Patricia Arquette (@PattyArquette) October 13, 2017 Not found 3/Something felt weird so asked my boyfriend to go with me. The room was packed. Oliver stopped me coming out of the bathroom \u2014 Patricia Arquette (@PattyArquette) October 13, 2017 Not found 4/ He said \"Why did you bring him said \"Why is it a problem brought him? It shouldn't be a problem. Think about Oliver.\" \u2014 Patricia Arquette (@PattyArquette) October 13, 2017 Not found What am saying is women are always f-cked. 1)Why didn't you say something? 2) nothing happened! 3)it's not professional if bring BF! \u2014 Patricia Arquette (@PattyArquette) October 13, 2017 Stone has not publicly commented on Stevens\u2019 allegations or Arquette\u2019s comments. Stone\u2019s manager did not immediately respond to TIME\u2019s request for comment. 1. Ben Affleck After Affleck condemned Weinstein\u2019s alleged behavior in a statement, a social media user noted that \u201ceveryone forgot\u201d Affleck touched then-Total Request Live host Hilarie Burton\u2019s breast during a 2003 interview didn\u2019t forget,\u201d Burton responded in a series of tweets was a kid,\u201d she said. She later shared a video that appears to show the incident in question. Ben Affleck attends 1st Annual AutFest International Film Festival at Orange 30 on April 23, 2017 in Orange, California. Hilarie Burton Morgan @HilarieBurton \u00b7 Follow vimeo.com/116202472 Girls. I'm so impressed with you brave ones had to laugh back then so wouldn't cry. Sending love. 9:40 \u00b7 Oct 10, 2017 3K Reply Copy link Read 158 replies Affleck apologized to Burton on Twitter acted inappropriately toward Ms. Burton and sincerely apologize.\u201d Ben Affleck @BenAffleck \u00b7 Follow acted inappropriately toward Ms. Burton and sincerely apologize 1:26 \u00b7 Oct 11, 2017 16.4K Reply Copy link Read 5.4K replies Makeup artist Annemarie Tendler later claimed on Twitter that Affleck \u201cgrabbed my ass\u201d at a 2014 Golden Globes party would also love to get an apology,\u201d she tweeted. Not found would also love to get an apology from Ben Affleck who grabbed my ass at a Golden Globes party in 2014. \u2014 Annamarie Tendler (@amtendler) October 11, 2017 Not found He walked by me, cupped my butt and pressed his finger into my crack. \u2014 Annamarie Tendler (@amtendler) October 11, 2017 Not found Like most women in these situations didn't say anything but have thought a lot about what I'd say if ever saw him again. \u2014 Annamarie Tendler (@amtendler) October 11, 2017 Affleck has not commented on Tendler\u2019s allegations. His spokesperson did not immediately respond to TIME\u2019s request for comment. With reporting by Lucy Feldman and Melissa Chan View comments Terms and Privacy Policy Privacy Dashboard About Our Ads Solve the daily Crossword 34,734 people played the daily Crossword recently. Can you solve it faster than others? Crossword Play on Yahoo Recommended articles and Yahoo Politics 2024 Election World Health Science The 360 Contact Us Originals Terms Privacy Policy Privacy Dashboard Help Share Your Feedback About Us About Our Ads Site Map \u00a9 2025 Yahoo. All rights reserved.", "7242_103.pdf": "The Boston Conservatory at Berklee has cut ties with a high-profile professor, well known in the city\u2019s contemporary classical music scene, amid allegations of abusive behavior and sexual improprieties Three schools sever ties with influential musician amid abuse allegations By Malcolm Gay and Kay Lazar, The Boston Globe December 14, 2017 10 minutes to read Eric Alexander Hewitt Suzanne Kreiter/Globe Staff/file 2005 ... Privacy - Terms Eric Alexander Hewitt \u2014 a saxophonist, conductor, and gatekeeper to coveted performance berths for young musicians \u2014 was placed on leave during a Globe investigation \u00adinto alleged sexual mistreatment of women at the conservatory and beyond. In addition to losing his position as an associate professor at the conservatory in late November, Hewitt had his contract working with the Boston College High School jazz band severed, and Phillips Exeter Academy placed him on leave from an adjunct teaching position, according to representatives of those institutions. Boston Conservatory\u2019s executive director, Cathy Young, said Hewitt had earlier tendered his resignation, effective at the end of the semester, but \u201cbased on information the conservatory received\u2019\u2019 the school placed him on leave Nov. 28. \u201cHe will not be returning to the conservatory,\u2019\u2019 Young said in a statement. Young declined to clarify the reason for Hewitt\u2019s departure, noting only that he had been given a performance warning in October \u2014 before the Globe\u2019s inquiries \u2014 \u201cfor his behavior and interaction with students in the classroom and in rehearsals.\u2019\u2019 In multiple interviews, however, four former Boston Conservatory students described unwanted sexual advances by Hewitt \u2014 allegations that included bullying, lewd phone calls and text messages, propositions, and, in one incident, sexual assault. The women, who ranged from 21 to 29 at the time of the alleged incidents, described a period dating to 2012 in which Hewitt used his considerable sway at the conservatory to run roughshod over young musicians just embarking on their careers. The Globe confirmed their accounts with contemporaneous communications, medical records, and multiple interviews with friends, family, colleagues, and professors who learned of Hewitt\u2019s behavior soon after it occurred. The Globe has confirmed that at least two of the incidents shared by the women \u2014 including the alleged sexual assault \u2014 were reported to conservatory faculty soon after they occurred. Young, who has worked at the school for seven years but only recently became director, said she was unaware of such allegations against Hewitt can state emphatically that during my tenure as both director and dean of the dance division never heard anything about inappropriate behavior by Associate Professor Hewitt,\u2019\u2019 Young said in a statement. Hewitt declined multiple interview requests. He responded to an initial text message seeking comment about the alleged sexual assault and other incidents, saying he would call to discuss it that evening. But Hewitt never called and did not respond to subsequent messages and texts. When reporters for the Globe later went to his house in Stoneham, no one answered the door. After this story was posted online, the conservatory sent an e-mail to alumni, saying the article \u201craises new and additional concerns and allegations of which we were not previously aware.\u2019\u2019 \u201cWe take these allegations seriously and are currently looking into this new information,\u2019\u2019 wrote Young. \u201cWe also plan to hold a series of division meetings with students after the winter break to have an open dialogue about harassment, \u00addiscrimination, and misconduct.\u2019\u2019 An outcry at Berklee The women\u2019s accounts follow a series of Globe articles about a culture of blatant sexual harassment at Berklee College of Music, a nearby Fenway institution that merged with the conservatory last year. An outcry from students after publication of those articles prompted Roger Brown, president of the combined schools, to host an extraordinary forum at Berklee\u2019s famed concert hall on Nov. 13 to apologize and to pledge a more responsive and more transparent system for dealing with sexual misconduct. Just hours after that meeting, the conservatory\u2019s dean of music, Michael Shinn, sent an e-mail to students \u201cregarding a particular faculty member\u2019s recent behavior and alleged mistreatment of students.\u2019\u2019 Although Shinn did not name the faculty member in question in the e-mail, Young confirmed it was sent in reference to Hewitt and his behavior in the classroom and rehearsals. Hewitt, 38, was only two years removed from a master\u2019s program when he was named chair of the conservatory\u2019s woodwind department in 2005. He quickly expanded his realm of influence over the next decade, conducting the school\u2019s wind ensemble, sinfonietta, and composer\u2019s orchestra, and serving as artistic director for the school\u2019s New Music Festival, an annual series of concerts that presents works by modern and contemporary composers. Nevertheless, interviews with more than a dozen former and current students and faculty indicate there were persistent concerns about Hewitt\u2019s volatile personality, along with whispered allegations of sexual improprieties. Many of those interviewed for this story described it as \u201cknown\u2019\u2019 that Hewitt dated women he had taught, while hitting on others. Some students noted that he stared at their breasts. Others were put off as he compared music to sex, once urging musicians to \u201cplay from their gonads.\u2019\u2019 Hewitt had a staggering command of the music. He was also passionate, routinely emerging drenched in sweat from performances and once playing so hard that he bloodied his saxophone\u2019s reed. \u201cHe was like, that\u2019s how you know when someone\u2019s really playing,\u2019\u2019 said one former student. \u201cHe was an intense guy. It makes you crave his approval because it\u2019s so hard- won.\u2019\u2019 But then, as if flipping off a light, Hewitt could turn wrathful, verbally upbraiding students when they made a mistake, warning that they\u2019d have been fired from a professional orchestra. These outbursts, coupled with Hewitt\u2019s alleged sexual improprieties, caused some women to warn each other about him proposition rebuffed In the spring of 2013, soprano Aliana de la Guardia was at a party attended by Hewitt and his girlfriend. She recalled them chatting politely, as Hewitt told her that he was planning the conservatory\u2019s upcoming New Music Festival and was considering her for a performance. As they left the gathering, however, de la Guardia said, Hewitt propositioned her, asking her to come home with him and his girlfriend said, no \u2014 I\u2019m married,\u2019\u2019 recalled the soprano, who recently wrote about the incident on Twitter. \u201cThen he said don\u2019t have to hire you.\u2019\u2019 And after that, he never did. \u201cHe sent me some weird texts apologizing \u2014 he said was drunk,\u2019 \u2019\u2019 she recalled. \u201cHe really kind of severed ties with me never received another \u00ade-mail or text.\u2019\u2019 That fall, a young foreign student encountered Hewitt during her freshman year at the conservatory. Although he was not her primary teacher, she participated in several Hewitt-led ensembles, in which she said he repeatedly singled her out for public censure. Things began to shift, however, when she returned home that summer. Hewitt had previously friended her on Facebook, and she said she noticed he was going back through her timeline, \u201cliking\u2019\u2019 photos as far back as 2007. When she returned to Boston in the fall, she said, he wasn\u2019t as abusive during rehearsals, instead asking for her personal e-mail address and phone number. Then the calls began. \u201cThe first time he called he asked if I\u2019d read \u2018Fifty Shades of Grey,\u2019 \u2019\u2019 said the woman. \u201cIt\u2019s inappropriate to talk about with my teacher, but he said \u2018I\u2019m not just your teacher. We talk. We\u2019re friends was like: No.\u2019\u2019 For the next three months, she said, she continued to receive calls and texts from the professor late at night and early in the morning. \u201cHe asked if liked to be spanked or could take a beating, because that\u2019s what turns him on,\u2019\u2019 said the woman. \u201cHe really likes rough sex, and that my tits are amazing, and that\u2019s why he really wanted to have sex with me just hung up.\u2019\u2019 The woman said she was professionally concerned because of Hewitt\u2019s position, but never felt physically threatened by Hewitt. The advances continued through early 2015, when during a rehearsal Hewitt came up to her from behind, she said, and asked: \u201cWhen are we going to go from \u2018Hello, Mr. Hewitt\u2019 to whiskey?\u2019\u2019 Women recall a pattern Diana Rodriguez, a composer who graduated from the conservatory in 2015, said she vividly remembers the foreign student telling her about Hewitt\u2019s graphic messages. She said stories about Hewitt\u2019s unwanted advances came up again during a recent gathering of female musicians who had attended the conservatory, with women relating accounts of being bullied or propositioned by him. \u201cIt was a pattern,\u2019\u2019 Rodriguez said. \u201cIt really defines their career \u2014 with fear.\u2019\u2019 The foreign student said that as she continued to rebuff his advances, Hewitt warned her about trying to report him, saying some of the school\u2019s higher-ups were loyal to him and that she would only embarrass herself. Ultimately, the student did try to say something to administrators, approaching Abra Bush, then director of the conservatory\u2019s music division said there are things happening at the school that no one\u2019s talking about,\u2019\u2019 recalled the student. \u201cShe said, \u2018How about you focus on your studies, because you\u2019re not doing as well as last semester.\u2019 \u2019\u2019 The student did not disclose her experiences with Hewitt to Bush at the meeting. Another student, however, did bring her concerns about Hewitt to Bush. The woman, a graduate student, said that when she ignored Hewitt\u2019s repeated suggestions that they go out for coffee, it severely affected her placement in student ensembles. The woman, who asked that her name not be used for fear of professional repercussions, said she reported her experiences to Bush in early 2015. She said she clearly recalls Bush telling her: \u201cHe does that type of thing.\u2019\u2019 Bush, now a senior associate dean of institute studies at the Johns Hopkins University Peabody Institute, said in a statement: \u201cAt no time were there any allegations around any improper sexual contact or assault of which was made aware by any student at the conservatory.\u2019\u2019 Bush added that before she left the conservatory last year, she reprimanded Hewitt for conduct that she declined to detail \u2014 creating a written record of the concerns and alerting the conservatory\u2019s leadership colleague complainsCurtis Hughes, an associate professor of composition at the conservatory, recently complained about Hewitt to the school\u2019s dean of music. Hughes, who has known Hewitt for nearly 20 years and considered him a friend, said he first became concerned about two years ago, after hearing rumored allegations against his colleague got into the habit of warning my female students in a low-key way to be wary of him,\u2019\u2019 Hughes said felt strange, because felt that was saying too much and not saying enough.\u2019\u2019 Those allegations concerned a young member of the wind ensemble who studied under Hewitt between 2009 and 2011. During that time, the woman described Hewitt as a mentor and advocate. She said she\u2019d heard stories of his lecherous behavior, but \u201claughed it off,\u2019\u2019 adding that Hewitt never hit on her while she was a student at the conservatory looked up to him,\u2019\u2019 she said, adding that Hewitt helped her secure a small scholarship when she could no longer afford the tuition. \u201cPeople thought he was a rock star.\u2019\u2019 The student transferred after her sophomore year after receiving a better offer from another school. And she was gratified when, on a visit to Boston in the summer of 2012, her former mentor asked if she\u2019d like to go to dinner to catch up was getting much more into composing,\u2019\u2019 said the woman was really excited to speak to him about that.\u2019\u2019 The student, then 21, told Hewitt of her newfound passion for composition during dinner. She said Hewitt seemed enthusiastic and suggested they return to his apartment to hear some of her work. Getting into his car, however, he surprised her with a flask. \u201cIt was weird,\u2019\u2019 she said had him on such a high pedestal, and then he pulled out the flask.\u2019\u2019 She said Hewitt offered her another drink at his apartment, after which she began to feel woozy \u2014 sensing she may be in danger as her consciousness faltered. \u201cHe took out my earrings,\u2019\u2019 the music student texted her boyfriend at 10:22 p.m. \u201cI\u2019m going to be fine know how to get out of this few seconds later, she sent another cry for help. \u201cOkay can\u2019t stall anymore,\u2019\u2019 she wrote have to find a way out. Find freak out. Promise can dotvhs\u2019\u2019 The next thing the woman remembers, she was in Hewitt\u2019s bed and he was having sex with her remember crying and saying didn\u2019t want to do this and asking him to stop,\u2019\u2019 she said. She next remembers waking up in his bed the following morning, totally naked. \u201cHe got on top of me and had sex with me again was having a total out-of-body experience, just waiting for it to be over.\u2019\u2019 Medical records provided to the Globe indicate that the woman visited a nearby New England hospital that day, where nurses administered a Sexual Assault Nurse Examination kit. \u201c[Hewitt] texted me at first to say that he had an awesome time,\u2019\u2019 said the woman, who added that she was afraid and responded cordially to Hewitt\u2019s messages. No report to the police The woman never reported the alleged assault to police. Her boyfriend at the time confirmed to the Globe that she had told him immediately about the alleged assault. Over the next month, she also began telling her close friends, as well as a professor at the conservatory, Rudolf Rojahn. \u201cIt sounded very credible to me,\u2019\u2019 said Rojahn, who is no longer at the conservatory. Rojahn said that he approached Karl Paulnack, who then directed the conservatory\u2019s music division, telling him about the alleged incident. But Rojahn said that at the woman\u2019s request, he did not identify the accuser or Hewitt to Paulnack. \u201c[He] said that since there was no police report there wasn\u2019t anything they could do,\u2019\u2019 Rojahn said didn\u2019t name the alleged perpetrator. There was nothing the administrator could do, so the matter was dropped.\u2019\u2019 Paulnack, who now serves as dean of the School of Music at Ithaca College, did not respond to repeated requests for comment. The woman said that she has tried to move on since the alleged assault, a process that has meant relinquishing her musical career. \u201cI\u2019d learned so much from [Hewitt felt like there was too much of him in my music,\u2019\u2019 she said, adding that she hasn\u2019t played her instrument in years. \u201cThe part of me that was a musician and loved music: It killed part of that.\u2019\u2019 Most Popular In Related News What we know about William Chisholm, the Celtics' new owner 1 Toddler dies after babysitter leaves him in car for hours on Martha's Vineyard, police say 2 In latest blow to Tesla, regulato nearly all Cybertrucks 3 \u00a92025 The Karen Read case returned to court today. Here's what to know. Read Mayor Michelle Wu\u2019s 2025 State of the City address \u2018Boston was born facing down bullies\u2019: Wu has sharp words for Washington in State of the City address Tell Us What You Think"} |
9,055 | Kyle Knezevich | Eastern Kentucky University | [
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] | {"9055_105.pdf": "\uf002 \uf26c Watch Now Quick links... By: Web Staff Posted 3:48 PM, Jan 03, 2024 and last updated 3:49 PM, Jan 03, 2024 FRANKFORT, Ky 18 former Eastern Kentucky University aviation professor pleaded guilty on Tuesday to child porn charges Former aviation professor pleads guilty to child porn charges \uf09a\ue61b\uf0e0 Photo by: Madison County Detention Center \uf26c Watch Now Menu 36-year-old Kyle Knezevich pleaded guilty before U.S. District Judge Gregory Van Tatenhove to attempting to produce child pornography. On September 7, 2023, an student found a camera in a men's bathroom on campus. Investigation revealed that Knezevich planted the camera search of Knezevich's home revealed that he produced recordings of both adult and minor men from 2009 through 2023. Videos were found that were recorded in campus bathrooms, locker rooms, and Knezevich's home bathroom. As part of his plea agreement, Knezevich admitted to creating videos with the objective of capturing the minor males engaged in sexually explicit conduct. Knezevich is scheduled to be sentenced on April 16. He faces 15-30 years in prison. Copyright 2024 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 \uf26c Watch Now 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 Your Prostate Can Be As Good As New! Do It In The Mornings. VitalRoute \uf09a \uf16d \ue61b \uf26c Watch Now", "9055_101.pdf": "Former Professor Sentenced for Attempting to Produce Child Pornography Tuesday, April 16, 2024 For Immediate Release U.S. Attorney's Office, Eastern District of Kentucky FRANKFORT, Ky Richmond, Ky., man, Kyle Knezevich, 36, was sentenced on Tuesday, by U.S. District Judge Gregory Van Tatenhove, to 220 months in prison, for attempted production of child pornography. According to his plea agreement, on September 7, 2023, an Eastern Kentucky University (EKU) student located a hidden camera in a men\u2019s bathroom on campus. An investigation revealed that the camera had been placed in the bathroom by Knezevich, who at the time was a professor at the University. After the discovery, law enforcement obtained a search warrant for Knezevich's home and electronic devices search of those devices revealed that Knezevich knowingly produced surreptitious recordings of both adult and minor males, from approximately 2009 through 2023. The videos were recorded in bathroom settings, including locker rooms, urinals, and the bathroom of his personal residence. In these videos, minor males can be seen in various states of nudity, including using the restroom, undressing, and showering. As part of his plea, Knezevich admitted that his intent in creating the videos was to capture the minor males engaged in sexually explicit conduct. Under federal law, Knezevich must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for life. Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office; Col. Phillip J. Burnett, Jr., Commissioner of the Kentucky State Police; and Chief Brandon Collins Police Department, jointly announced the sentence. The investigation was conducted by the FBI, KSP, and Police Department. Assistant U.S. Attorney Erin Roth is prosecuting the case on behalf of the United States. The U.S. Attorney\u2019s Office prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit \u2014 Contact CONTACT: Gabrielle Dudgeon PHONE: (859) 685-4887 E-MAIL: [email protected] Updated April 16, 2024 Topic Component - Kentucky, Eastern Northern Kentucky Man Sentenced for Extraterritorial Production of Child Pornography March 7, 2025 Johnson County Man Sentenced for Production of Child Pornography February 28, 2025 Lexington Woman Sentenced for Production of Child Pornography February 18, 2025 Related Content Eastern District of Kentucky Main Office: 260 W. Vine Street, Suite 300 Lexington 40507-1612 Lexington: 859-233-2661 Lexington Hearing Impaired TTY: 859-233- 2573", "9055_102.pdf": "Former professor placed cameras in campus bathrooms. Now he\u2019s going to jail. April 16, 2024 Olivia Anderson/[email protected] former Eastern Kentucky University professor who was found to have put cameras in men\u2019s bathrooms and locker rooms was sentenced for his crimes on Tuesday. Kyle Knezevich, 36, was sentenced to just over 18 years in prison by U.S. District Judge Gregory Van Tatenhove for attempted production of child pornography, according to the U.S. Attorney\u2019s Office. Knezevich pleaded guilty to the charge in January as part of a deal which amended his original charges of voyeurism, possessing matter portraying sexual performance by a minor, promoting a minor in a sexual performance, five counts of promoting a sexual performance by a minor and five counts of possessing matter of a sexual performance of a minor, according to court records On Sept. 7, an student located a hidden camera inside the Whalen Complex on campus. An investigation revealed that the camera had been placed in the bathroom by Knezevich, who at the time was a professor at the university. Law enforcement obtained a search warrant for Knezevich\u2019s home and electronic devices. He was arrested the next day. The search revealed Knezevich produced recordings of both adult and minor males, from approximately 2009 through 2023, according to the U.S. Attorney\u2019s Office. As part of his plea, Knezevich admitted that his intent in creating the videos was to capture the minor males engaged in sexually explicit conduct, according to the U.S. Attorney\u2019s Office. He is required to serve 85 percent of his sentence by federal law. After he is released from prison, he will be under the supervision of probation and parole for the rest of his life. Related articles Related articles Related articles", "9055_103.pdf": "pornography/article_e031b424-aa89-11ee-93d3-3bc365ca8f76.html Former aviation professor pleads guilty to charges of child pornography Rosemary Kelley Jan 3, 2024 Former Eastern Kentucky University (EKU) aviation professor Kyle Knezevich was arrested in September 2023 for possession of child sexual abuse materials after a camera was discovered in a bathroom of EKU's Whalin Building. He plead guilty to charges on Wednesday, Jan. 3, 2023 and faces up to 30 years in prison. Photo Courtesy of the Madison County Detention Center. Former Eastern Kentucky University (EKU) aviation professor Kyle Knezevich pleaded guilty to child pornography charges on Wednesday, Jan. 3, according to WKYT. Knezevich was arrested in September 2023 following the discovery of a video camera in a bathroom in EKU\u2019s Whalin Building. According to the uniform citation made at the time of the arrest, the camera\u2019s card contained footage of Knezevich placing the camera \u201cfor the purpose of viewing genitals of unsuspecting individuals.\u201d According to WKYT, Knezevich recorded both male adults and minors from 2009 to 2023 in locker rooms, urinals, and the bathroom of his home. In his plea, Knezevich admitted that he intended to capture \u201cminor males engaged in sexually explicit conduct,\u201d the news outlet reports. Knezevich faces a maximum of 30 years in prison and a minimum of 15. He is set to be sentenced on April 16, 2024 reports. This is a developing story and will be updated as more information becomes available.", "9055_104.pdf": "Former professor placed cameras in campus bathrooms. Now he\u2019s going to jail. Taylor Six Tue, April 16, 2024 at 4:20 1 min read 1 Generate Key Takeaways Top Stories Updated U.S. travel advisories States with worst hailstorms 'Constitutional crisis' Heathrowfi Sign in Search the web former Eastern Kentucky University professor who was found to have put cameras in men\u2019s bathrooms and locker rooms was sentenced for his crimes on Tuesday. Kyle Knezevich, 36, was sentenced to just over 18 years in prison by U.S. District Judge Gregory Van Tatenhove for attempted production of child pornography, according to the U.S. Attorney\u2019s Office. Knezevich pleaded guilty to the charge in January as part of a deal which amended his original charges of voyeurism, possessing matter portraying sexual performance by a minor, promoting a minor in a sexual performance, five counts of promoting a sexual performance by a minor and five counts of possessing matter of a sexual performance of a minor, according to court records. On Sept. 7, an student located a hidden camera inside the Whalen Complex on campus. An investigation revealed that the camera had been placed in the bathroom by Knezevich, who at the time was a professor at the university. Law enforcement obtained a search warrant for Knezevich\u2019s home and electronic devices. He was arrested the next day. The search revealed Knezevich produced recordings of both adult and minor males, from approximately 2009 through 2023, according to the U.S. Attorney\u2019s Office. As part of his plea, Knezevich admitted that his intent in creating the videos was to capture the minor males engaged in sexually explicit conduct, according to the U.S. Attorney\u2019s Office. He is required to serve 85 percent of his sentence by federal law. After he is released from prison, he will be under the supervision of probation and parole for the rest of his life. View comments (1 Terms and Privacy Policy Privacy Dashboard About Our Ads Recommended articles and Yahoo Politics 2024 Election World Health Science The 360 Contact Us Originals Terms Privacy Policy Privacy Dashboard Help Share Your Feedback About Us About Our Ads Site Map \u00a9 2025 Yahoo. All rights reserved."} |
7,699 | Robert Miller | University of Connecticut | [
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] | {"7699_101.pdf": "UConn Professor Accused of Misconduct Retires With Pension Published May 14, 2014 \u2022 Updated on May 14, 2014 at 4:13 pm University of Connecticut music professor who faced being fired amid allegations of misconduct with students and child sexual abuse has retired with a nearly $69,000 annual pension. UConn officials said on Wednesday that Robert Miller, 67, exercised his right to retire before disciplinary proceedings concluded. His retirement took effect April 1. The Associated Press left a message seeking comment for Miller on Wednesday. He hasn't been charged with any crime. Miller was suspended last year. An independent investigation report released in February alleged there was evidence Miller engaged in rampant behavioral misconduct with UConn students and inappropriately touched children in the late 1960s and early 1990s. Former fine arts Dean David Woods also faces potential firing for allegedly failing to take appropriate action against Miller. Woods denies the allegations. Copyright The Associated Press Weather Forecast Watch 24/7 Weather Blog Trump Administration Reckless on our Roads Local Imp 48\u00b0 Fair/Wind 0.28% Precip 32 60 Public Inspection File Accessibility Employment Information Applications Privacy Policy Cookie Notice Terms of Service Advertise with us Send Feedback Notice Ad Choices Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved", "7699_102.pdf": "history of sexual harassment at UConn\u2019s Music Department by Jacqueline Rabe Thomas February 26, 2014 @ 7:06 pm Four faculty members have left The University of Connecticut\u2019s Department of Music recently following allegations of sexual harassment or misconduct, according to an independent review of how the state\u2019s flagship university responded to allegations of sexual misconduct by a longtime music professor number of interviewees described student-teacher relationships and other sexual harassment as long-standing issues within the School of Fine Arts,\u201d the review released Wednesday by Drinker Biddle & Reath, a law firm hired by the Connecticut attorney general, said. The 76-page report said the school\u2019s former leader of the Office of Diversity and Equity, which is responsible for investigating and handling such complaints, declined requests to be interviewed by the firm. Instead, the investigators were given access to millions of emails and several computer hard drives to determine if the university responded appropriately. They also interviewed several faculty members, students and the previous and current college president about the conduct of Robert F. Miller, the music director, and what the university knew. \u201cSpecial Counsel\u2019s investigation revealed strong, credible evidence that Professor Miller engaged in serious misconduct with minors and with University students,\u201d the report concludes. \u201cSpecial Counsel found the response of University officials prior to Robert Miller February 2013 was insufficient to ensure the safety of minors on campus and of University students.\u201d The inappropriate behavior referenced in the report includes Miller\u2019s taking students on trips, showering with them, accompanying them naked into a hot tub at his health club and touching them inappropriately. \u201cNo one took appropriate action to ensure the safety of minors on campus or University students,\u201d they conclude about department leaders. \u201cNeither Dean [David] Woods nor Catherine Jarjisian did anything but hide the December 2011 anonymous letter sent to Professor Jarjisian when she was Department Head.\u201d These findings come as several students allege in a separate matter that university officials were \u201cdeliberately indifferent\u201d in responding to the students\u2019 allegations of sexual assault and harassment culture of fear\u201d Those interviewed by investigators describe UConn\u2019s Department of Music as a \u201chornets\u2019 nest\u201d that facilitated a culture of \u201cfear.\u201d The problems were so severe that top officials recently decided to evaluate whether the department should be disbanded. In early 2013, the department underwent three separate reviews. As a result of the \u201chigh rate of faculty turnover due to complaints of sexual misconduct,\u201d the department\u2019s faculty members were required to undergo additional sexual harassment training. It\u2019s unclear if that training was ordered before or after Connecticut State Police informed them they were investigating Miller, 66, of Mansfield. \u201cIn sum, Professor Miller exhibited consistently questionable behavior with the University students over the years that was widely known within the Department of Music,\u201d the law firm concludes decade of problems The dean of the Fine Arts Department says he delivered emails in 2007 that included disturbing allegations to then UConn President Philip E. Austin, the provost and the former chief of the UConn Police Department. The law firm could find no evidence that an investigation ever took place. \u201cThere was a collective failure by the participants in the Nov. 5, 2007 meeting to meet their moral, if not their professional, obligation to investigate the three separate allegation of sexual misconduct,\u201d they write about a meeting of university officials on Miller\u2019s conduct. This is just one of several occasions, dating back to 2003, when university officials passed on opportunities to fully investigate Miller\u2019s actions, the investigators wrote. \u201cThe highly publicized announcement of the University\u2019s new, institution-wide Sexual Assault Response Policy and Child Abuse and Neglect Reporting Policy\u2026 also did not motivate [music department staff] to bring the allegations in December 2011 to the attention of University authorities,\u201d the investigators wrote. When, in February 2013, those allegations were again brought to the president\u2019s office and the police department, both of which have new leadership, the investigators concluded, \u201cUniversity officials took appropriate, forceful action.\u201d UConn President Susan Herbst on Wednesday called the report\u2019s findings \u201cvery disturbing.\u201d \u201cWe have nothing but compassion for all victims of sexual misconduct,\u201d she said during a meeting of her governing board Wednesday. \u201cIt seems so obvious to us today that action should have been taken when these allegations were first known to university employees, three, six and eight years ago, and even before that \u2026 Nothing can excuse some of the behavior detailed in this report on the part of certain individuals.\u201d \u00a9 2025 The Connecticut News Project. All Rights Reserved Powered by Newspack", "7699_103.pdf": "case/article_d4a0da9e-a31a-11e3-8dc7-001a4bcf6878.html Report says UConn failed to respond in sexual misconduct case Campus Mar 3, 2014 Feb. 27 \u2014 University of Connecticut music professor Robert F. Miller gravitated toward young-looking freshman males who came to be recognized on campus as \"Bob's Boys,\" according to a report released Wednesday to the University's board of trustees tenured professor who had been teaching at UConn since 1983, Miller distributed \"Get Out of Jail Free\" cards with his personal cellphone and email address and was known to be in the music department building late at night when students, but virtually no other faculty, were around. Over the years, many of Miller's students became part of the \"cabin club,\" traveling with Miller to his Vermont vacation home, where some reported he made them Manhattans, sat naked with them in a hot tub and exchanged massages. One of the things that struck members of the Philadelphia law firm of Drinker Biddle & Reath when they began an investigation of the university's response to sexual misconduct and abuse allegations against Miller was that few witnesses they interviewed were surprised to learn Miller was the subject of a criminal investigation. The firm concluded that prior to 2013, when Miller, who is in his mid-60s, was placed on paid leave from his $141,000 a year position and banned from campus, UConn officials put the university community at risk by failing to respond adequately to allegations of the professor's sexual misconduct with minors. The firm, hired to investigate by the Connecticut attorney general, found no evidence that Miller committed crimes against university students. In his remarks to the board of trustees Wednesday, Drinker Biddle partner Scott A. Coffina, a former federal prosecutor and attorney to President George W. Bush, characterized Miller's relationships with students as \"wildly inappropriate but consensual,\" and said the professor was a \"ticking time bomb.\" \"Professor Miller exhibited consistently questionable behavior with University students over the years that was widely known within the Department of Music,\" the report says. During its investigation, Drinker Biddle interviewed 57 witnesses and reviewed more than 27,000 emails and 6,000 pages of documents. The firm substantiated reports that Miller, who has never been charged with a sexual crime, had molested a middle school student in Virginia in 1969 as well as seriously ill boys at The Hole in the Wall Gang Camp in Ashford in the early 1990s. While the statute of limitations on sexual assaults has expired in Connecticut, Virginia authorities could still charge Miller. Miller, who lives in Mansfield, has retained an attorney and declined to discuss the allegations. Richard Orr, UConn's general counsel, said the university had \"dodged a bullet.\" \"There's no evidence that failure to act actually harmed any university student,\" Orr said. The 71-page report is particularly critical of former School of Fine Arts Dean David Woods, who the firm says failed to act on information about Miller received as early as 2003. The Virginia student, now an adult, sent three emails to the music department's general email address in November 2006 saying he was willing to provide statements from himself and \"other victims of this pervert.\" The email reached the desks of Woods along with the music department head, the university's associate vice president for human resources and payroll and a labor and employment specialist. Woods and the music department head met with Miller, who had retained an attorney and refused to discuss the emails. No action was taken, though the emails \"should have set off alarm bells\" with Woods in particular, who was aware of two prior allegations of sexual misconduct against Miller, according to the report. Woods did advise Miller not to socialize with students in 2008, after the Virginia student sent another email saying he would be traveling to Hartford to make Miller's \"disgusting practices\" public. Woods did nothing to stop Miller when he continued to fraternize with students, according to the report. Woods is no longer a dean but is a professor in good standing with the university. Board of trustees Chairman Larry McHugh called the report disturbing and said the university's past response was inadequate and unacceptable. But he said that once the old allegations came to the attention of the university's current leadership in June, \"President (Susan) Herbst and her senior team took swift, decisive and absolutely appropriate action.\" Herbst said Wednesday, \"It seems so obvious today that action should have been taken when these allegations were first known to university employees, three, six and eight years ago, and even before that. Much has happened since then, but the world was not so different as to justify their inaction. And nothing can excuse some of the behavior detailed in this report on the part of certain individuals.\" While the Miller investigation was underway, seven current and former university students filed a Title civil rights complaint alleging they had been sexually assaulted on campus and the university reacted with indifference. The U.S. Department of Education is investigating. Five women then filed a federal lawsuit, which is pending, charging that UConn had mishandled their reports of sexual assault. The Miller allegations came to light just as the Jerry Sandusky scandal was unfolding at Pennsylvania State University. At Wednesday's meeting, when a trustee asked whether there are any similarities between the two cases, Coffina said that Sandusky had repeatedly used university resources to molest children, which was not the case with Miller. While most of Miller's alleged transgressions took place off-campus, the report indicates that campus police interviews with students appeared to substantiate a widely circulated rumor that Miller and a student danced around in their underwear in Miller's on-campus recording studio in the spring of 2009. One student who went to the studio often reported that Miller urged him to \"respond to what the music was doing\" and started lightly touching him and asked him if he was \"OK\" with it. The student also reported he took off his shirt at the studio but said he felt uncomfortable speaking about what happened next. The report concludes there is strong, credible evidence that Miller violated the university's policies on sexual harassment and its Code of Conduct for professors and did not live up to university by-laws concerning professional fitness. It also concludes that Miller's conduct constitutes \"just cause\" for discipline under the Collective Bargaining Agreement between the board of trustees and American Association for University Professors, which specifically lists \"sexual harassment, serious misconduct or other conduct which impairs the rights of students or other staff members.\" Orr, the university counsel, said the university's agreement with the union provides a process for discipline and allows sanctions up to and including termination.", "7699_104.pdf": "UConn professor faces sexual misconduct probe By ABC7 Tuesday, July 16, 2013 Robert Miller worked at UConn for three decades and once led the music department. School employees were notified several times between 2006 and 2011 of allegations that Miller had sexual contact with children, but it wasn't until February of this year that school administrators were told of the claims, according to UConn officials and the state attorney general's office. And it wasn't until last month that Miller was placed on paid administrative leave. School officials didn't have the information they needed to place Miller on leave until they received a state police search warrant affidavit last month, UConn spokeswoman Stephanie Reitz said. University officials announced the creation of a Board of Trustees committee Monday to review its responses to the allegations. Among those allegations were that in 1992, Miller inappropriately touched four boys ages 10 to 13 who attended a camp for sick children where he was a counselor. The accusers say he took them to his home without permission several times and would often make them take off their clothes, saying he had to check them for ticks and bruises. State police said the boys had hemophilia, a bleeding disorder in which the blood doesn't clot normally fifth accuser says Miller molested him when he was 13 and a student at the former Whittier Intermediate School near Falls Church, Va., where Miller taught in the late 1960s and early 1970s, according to Connecticut state police. Officer Eddy Azcarate, a spokesman for Fairfax County police, confirmed his agency is investigating allegations involving the accuser. State police said the statute of limitations has expired in the Connecticut case but not for the Virginia allegations. And last month, a faculty member told a university official that a student alleged that Miller had sex with UConn students, visited freshmen dorms and provided drugs to students, according to the state attorney general's office. It's not clear when those alleged actions happened. Miller, 66, of Mansfield, was barred from the Storrs campus after being placed on leave. He did not return several phone messages left at his home. The details of the allegations against Miller, who is not charged with any crime, were not widely publicized before Monday's revelations by UConn, which said it is cooperating with the investigations. In the wake of the Jerry Sandusky child sexual abuse scandal at Penn State, many colleges and universities have sought to improve how they respond to allegations of sexual misconduct. University officials acted quickly after they first learned of the investigations of Miller this year, UConn President Susan Herbst said in a statement. \"Any accusation of sexual misconduct by faculty, staff, or students is among the gravest issues that any institution must face. It is clear that serious accusations have been made, questions that demand answers have been raised, and we will do all we can to find the truth and protect the vulnerable,\" Herbst said. UConn also has launched an internal review of its compliance with the federal Title gender discrimination law in connection with Miller's alleged sexual misconduct with UConn students. The law requires federally funded universities to act promptly when they are notified of possible sexual assault or harassment. But Scott Berkowitz, founder of the Rape, Abuse & Incest National Network in Washington, D.C., said he was troubled that UConn staff members apparently were informed of the molestation allegations years ago. He said the effectiveness of any changes spurred More Live ABC7 Puppy Cam Weather AccuWeather Forecast Weather Conditions Bay Area Live Cameras I-Team Investigations 24/7 Live 58\u00b0 by the Penn State episode remains to be determined. \"We're not going to know until a little further down the road, until those changes are implemented and are making a difference,\" Berkowitz said. It was also revealed Monday that the Connecticut attorney general's office is seeking bids from a law firm to advise and represent UConn's Board of Trustees and that the school has hired a private investigator. University officials released a timeline of events saying that the School of Fine Arts received an email and letter in December 2011 claiming that Miller was a pedophile. State police say the accuser in Virginia sent the email and letter. But it wasn't until Feb. 13, 2013, that an employee brought the letter to the attention of the new dean of the fine arts school. The next day, UConn officials told campus police and an assistant state attorney general based at UConn. The camp where Miller worked, the Hole in the Wall Gang Camp in Ashford, opened by actor Paul Newman for sick children, released a statement saying it was aware of an investigation of a former staff member mother of one of the campers told state police that she and the other boys' parents told camp officials about the allegations but didn't tell police at the time. State police say camp officials then fired Miller. Copyright \u00a9 2025 KGO-TV. All Rights Reserved ABC7 Puppy Cam event for National Puppy Day Updated an hour ago Heathrow says some flights will resume Friday after massive fire Sherri Papini to appear in court to get custody of her children Warriors' Stephen Curry has pelvic contusion, no structural damage Updated 2 hours ago passengers among thousands impacted by Heathrow Airport closure Updated an hour ago seeking rate hike so shareholders can profit more Updated 3 hours ago Woman caught on video being kidnapped comes forward Topics Home Weather Traffic Watch Privacy Policy Do Not Sell or Share My Personal Information Children's Privacy Policy Your State Privacy Rights Terms of Use Interest-Based Ads Public Inspection File Applications Copyright \u00a9 2025 ABC, Inc San Francisco. All Rights Reserved. Photos Apps Regions San Francisco East Bay South Bay Peninsula North Bay More Content Building Better Bay Area Take Action Resources 7 On Your Side I-Team Company About ABC7 Bay Area ABC7 Newsteam Bios #ABC7Now: Connect with ABC7 Take Action in Your Community ABC7 Jobs & Internships Contests, Promotions, & Rules", "7699_105.pdf": "21, 2025 July 15, 2013 | Office of University Communications UConn Investigates Allegations Involving Faculty Member Further public information will be posted to a special website as it becomes available he University of Connecticut is cooperating with a criminal investigation into allegations of sexual misconduct made against one of its faculty \uf0c1 \uf0e0 \ue61a \uf08c \uf082 \uf1a2 members, and has launched its own internal investigations in connection with related accusations and other possible misconduct. On July 12, at the University\u2019s urging, the executive committee of the Board of Trustees created a special board committee that will oversee and direct an independent review of UConn\u2019s responses to those allegations that were received prior to this year and UConn\u2019s response to the current allegations. On Feb. 13, 2013 a letter from December 2011 was brought to the attention of Brid Grant, dean of the School of Fine Arts, containing accusations of misconduct against Robert Miller, a professor in the Department of Music. Grant turned over the letter to the University\u2019s Title Coordinator/Associate Vice President for Diversity and Equity and the Office of Labor Relations, which then contacted UConn Police. In the course of multiple police investigations, an affidavit was filed in Rockville Superior Court on June 20, 2013. The next day, in accordance with University policies, UConn placed Miller on paid administrative leave and restricted him from campus, pending the outcome of the internal personnel investigation. To date, no one has been charged with any crime in connection with these allegations. UConn has expressed its belief in the presumption of innocence, further stating that no final determination has been made regarding the status of any employee as a result of this matter. \u201cAllegations involving crimes against children are both profoundly disturbing and heartbreaking,\u201d said UConn President Susan Herbst. \u201cAlthough these allegations, which have been made public, appear to be unrelated to UConn, the University continues to do all it can to assist law enforcement. There have also been unsubstantiated, non-specific reports regarding UConn students, which the University is investigating under Title IX. \u201cIt is important to note that no one has been charged with a crime in relation to these allegations, and the University has not made any final determination regarding the status of an employee,\u201d she continued. \u201cYet any accusation of sexual misconduct by faculty, staff, or students is among the gravest issues that any \uf0e0 \ue61a \uf08c \uf082 \uf1a2 institution must face. It is clear that serious accusations have been made, questions that demand answers have been raised, and we will do all we can to find the truth and protect the vulnerable. This includes our students, our neighbors, and our community. \u201cWe are putting the full weight of our institution behind the multiple investigations that have begun and will continue into this matter. From the moment information came to University personnel earlier this year to the present, the University has acted quickly and methodically. This will not change,\u201d Herbst concluded. At the direction of President Herbst, the University\u2019s General Counsel has been coordinating the internal response to this matter. This morning, the Office of the Attorney General posted a \u201cRequest for Proposals\u201d in search of special counsel to assist the University with the thorough, independent review of how these accusations were handled in the past. Special counsel also will assist with the Title investigation and the personnel investigation. Although these accusations pre-date the tenure of UConn\u2019s current president, dean of the School of Fine Arts, and chief of police, the special counsel will report directly to the UConn Board of Trustees, rather than the administration, to ensure the independence of the inquiry. \u201cOur primary interest is in protecting children, students, and the community, as well as aiding possible victims and bringing facts to light,\u201d said Lawrence McHugh, chairman of the UConn Board of Trustees. \u201cThese allegations are deeply disturbing and require a very deliberate, comprehensive response that is both thorough and as transparent as possible. The Board of Trustees and the University must treat these matters with the utmost care and seriousness. \u201cIt is clear to the board that when these allegations were brought to the attention of current University personnel in 2013, the University took swift, decisive, and careful action as this matter evolved,\u201d added McHugh, who will chair the special committee. \u201cThe president and her senior team are to be commended for taking this action, \uf0e0 \ue61a \uf08c \uf082 \uf1a2 Recent Articles informing the board at the appropriate time, and operating with the highest possible degree of transparency, given the circumstances.\u201d In order to protect the integrity of the law enforcement investigation and the individuals involved, UConn has been advised by law enforcement and legal counsel that it not discuss further details at this time. The University has, however, launched a web site \u2013 notification/ \u2013 including relevant contacts and resources pertaining to this matter. The site will be updated as additional public information or relevant records become available. \uf0e0 \ue61a \uf08c \uf082 \uf1a2 March 21, 2025 111 UConn Medical Students Meet Their Residency Match March 21, 2025 An Evening of Contemporary Bluegrass with Noam Pikelny & Friends at Jorgensen Center for the Performing Arts \uf0e0 \ue61a \uf08c \uf082 \uf1a2 UConn Today University Communications universitycommunications.uconn.edu Contact Us | (860) 486-3530 \u00a9 2024 University of Connecticut Disclaimers, Privacy & Copyright Accessibility \uf0e0 \ue61a \uf08c \uf082 \uf1a2", "7699_106.pdf": "STORRS, Conn. (AP) \u2014 In a story Feb. 26 about a misconduct investigation at the University of Connecticut, The Associated Press in one instance erroneously reported the identity of the person described in emails to the university as having abused children. The emails identified the person as Robert Miller, a music professor, not David Woods, former dean of fine arts. An investigative report accuses Woods of not taking appropriate action after learning of the allegations against Miller corrected version of the story is below: Probe: UConn knew of sex abuse claims against prof Investigation concludes that UConn officials knew of sex abuse allegations against professor By Associated Press STORRS, Conn. (AP) \u2014 University of Connecticut officials knew of sexual abuse allegations against a music professor a decade before taking action, putting students at the school and the community at risk, according to an independent investigative report released Wednesday. Correction: UConn-Professor Probe story Updated 3:11 EDT, February 28, 2014 Live: Trump administration Education Department March Madness Heathrow Movie rev The investigator, Scott Coffina, a former White House counsel and former assistant U.S. attorney, presented his findings Wednesday to the school\u2019s Board of Trustees. Coffina said he found that some school officials, including the dean of the school of fine arts, knew as early as 2003 that the professor, Robert Miller, had been accused of misconduct with children, including the son of a professor. But, he found, \u201cno one took appropriate action to ensure the safety of minors on campus or university students.\u201d Miller was suspended from his $140,000-a-year job in June, months after the child abuse allegations came to light. He has not been charged with a crime, but UConn said a police investigation is still open. Miller has not commented on the allegations, and a phone message seeking comment was left at his home Wednesday. No UConn students were victims of crimes, Coffina\u2019s investigation found. But he also found evidence that the 66-year-old Miller, who also was director of the music school from 1999 to 2003, engaged in rampant misconduct and violations of school policy. Those included inviting students to overnight parties that involved alcohol at a house he owned in Vermont, which became known in the music department as Miller\u2019s \u201cCabin Club.\u201d Coffina also found evidence Miller showered with students at his health club, was naked with students in a hot tub and was caught dancing in his underwear with a student late at night in the music department. School officials were notified on several occasions of Miller\u2019s on-campus behavior. They also received several emails over the years from people who said Miller abused them when they were children faculty meeting resulted only in a letter from David Woods, the dean of fine arts, to Miller in 2008 advising him not to socialize with students. But there was no follow-up, Coffina said. \u201cProfessor Miller was like a ticking time bomb that Dean Woods, rather than disarm it, hoped would be a dud,\u201d Coffina said. Messages seeking comment from Woods were not immediately returned woman who answered the phone at the office of his attorney said they would not comment. \u201cNothing can excuse some of the behavior detailed in this report on the part of certain individuals,\u201d UConn president Susan Herbst said in a statement she read to the board. \u201cThe safety of our students and the safety of the entire community is paramount for us. As a university, we must always be absolutely accountable. And so must our employees.\u201d Coffina\u2019s law office, which the state hired to conduct the investigation, interviewed 57 witnesses, looked at more than 6,000 pages of documents, examined four hard drives and reviewed 27,000 emails and other correspondence. He said he found evidence to support allegations that Miller inappropriately touched boys who attended Paul Newman\u2019s Hole In The Wall Camp for sick children in Connecticut in the early 1990s, and a middle school student in Virginia in 1969. He also found evidence that Miller had inappropriate contact with the professor\u2019s child on several occasions, including having that boy disrobe while he applied makeup on the child\u2019s face for an opera production on campus. Coffina noted that the current administration acted immediately and appropriately when presented a letter last year from one accuser. State police have said the statute of limitations has expired in the Connecticut cases but not for the Virginia allegations. University attorney Richard Orr said the school received the report only Monday and must follow its normal disciplinary process, which he said could result in the dismissal of Miller and others who failed to act when they learned of the allegations. He also said the school in recent years has improved its policies on romantic relationships between faculty and students and its procedures for reporting allegations of sexual misconduct. \u201cWe dodged a bullet,\u201d said Orr. \u201cBecause there is no evidence that the failure to act actually caused any harm to any student or any member of the community 1 White House rescinds executive order targeting prominent law firm 2 Trump\u2019s bluntness powered a White House comeback. Now his words are getting him in trouble in court 3 Judge calls Trump administration\u2019s latest response on deportation flights \u2018woefully insufficient\u2019 4 blocked in court from Social Security systems with Americans\u2019 personal information, for now 5 In latest blow to Tesla, regulators recall nearly all Cybertrucks"} |
7,447 | Clifton A. McKnight | Montgomery College | [
"7447_101.pdf",
"7447_102.pdf",
"7447_102.pdf",
"7447_102.pdf"
] | {"7447_101.pdf": "the advocate \u2022 February 21, 2014 \u2022 Montgomery College Professor Charged with Assault, Sexual Offense Clifton Anthony McKnight, a professor and counselor with the Student Development Department at Montgomery College\u2019s Rockville campus, has been charged with one count of second-degree assault and one count of a fourth-degree sexual offense. The fourth-degree sexual offense states that a person of authority, employed at a place of education or business, engages in sexual contact with another without their consent. According to the Maryland Department of Safety and Correctional Services, a person who violates this section is guilty of the misdemeanor of sexual offense in the fourth-degree and on conviction is subject to imprisonment not exceeding one year or a fine not exceeding $1,000 or both. The second-degree assault charge implies that the suspect in question attempted to cause \u201coffensive physical contact to another,\u201d and does not imply that contact was definite. As for possible sanctions, Md cites that if McKnight is found guilty of the misdemeanor assault charge, he could face imprisonment not exceeding 10 years or a fine not exceeding $2,500, or both. The trial of both misdemeanor charges could result in McKnight serving jail time, paying a court-ordered fine, or both. According to court records, the charges were filed on May 14, 2013. McKnight\u2019s court proceedings will begin at 8:30 a.m. on Feb. 24, 2014, at the District Court for Montgomery County in Rockville, Md. McKnight was charged with one count of assault and one count of sexual offense on May 14, 2013 McKnight was charged with one count of assault and one count of sexual offense.", "7447_102.pdf": "the advocate \u2022 February 26, 2014 \u2022 mcknight-probation/ McKnight on Probation, Assigned Community Service McKnight was charged with one count of assault and one count of sexual offense on May 14, 2013 Professor Clifton A. McKnight, accused of 2nd-degree assault, stood before Judge Audrey A. Creighton on the morning of Monday, Feb. 24 at the Rockville District Court of Maryland. He pleaded guilty to this charge, admitting to physical contact. McKnight teaches Career Development and Study Habits and is a counselor at Montgomery College. According to Montgomery College counselor Linda Robinson\u2019s testimony, McKnight has been a faculty member at the school for over 15 years. He has also published a book, and given motivational lectures. According to the state attorney, on May 14, 2013 Keeta Coleman, 21, a student at Montgomery College, visited McKnight\u2019s office for an unscheduled appointment. At the end of the meeting, she felt uncomfortable as he hugged her and forced her hand to his genital area. On May21, 2013, Coleman reported the incident to the Office of Equity and Diversity at MC. Since the victim claims this contact to be unwanted, she is protected under the law, no matter his intentions. The defense claims that the meeting was mutually agreed upon, and the two had met and talked about school as well as Coleman\u2019s personal life on a previous occasion. When the meeting was over, McKnight went for a hug and Coleman did not object, but he felt apprehension from her and withdrew. Coleman chose not to appear in court. The defense lawyer, Robinson Rowe, brought three witnesses to corroborate McKnight\u2019s character, in order to contrast the allegations and prove them unfit. Robinson and fellow Counselor Gus Griffin testified along with McKnight\u2019s sister-in-law. All of the witnesses, as well as Rowe described McKnight as \u201ca big teddy-bear\u201d, often mentioning that he was someone people turned to for help and support. McKnight\u2019s colleague, Linda Robinson, in her testimony said McKnight \u201cis the most kind, compassionate, loving human being that know.\u201d This case and its ramifications makes her concerned about her future interactions and relationships with her students. \u201cI\u2019m frightened\u201d she said. Judge Creighton deliberated over the evidence, striking the finding of guilt and giving McKnight the benefit of probation before judgement. Probation before judgement states that McKnight is on general probation for three years, beginning Feb 24. If his record is clean after that period, said case can be expunged from his record. McKnight said he was \u201cextremely disappointed\u201d that any interaction with him could be taken as negative. \u201cIf people voice concerns aim to correct communication immediately.\u201d In addition, McKnight is required to complete 40 hours of community service and is banned from any physical contact with students at or any other school, with the exception of family members. He must also pay a fine of $250 plus court fees, as well as the monthly parole fee of $50."} |
7,840 | Coleman Hutchison | University of Texas – Austin | [
"7840_101.pdf",
"7840_102.pdf"
] | {"7840_101.pdf": "Two UT-Austin professors disciplined for sexual misconduct were allowed to resume teaching. Students want to know why. The incidents have fueled a growing protest movement on campus, with students demanding more transparency in the university's handling of sexual misconduct cases. \"We don't know who we're in the classroom with,\" one student said DEC. 5, 2019 12 With the end of the fall semester looming, University of Texas at Austin administrators continue to face a burgeoning student protest movement over the return to the classroom of two professors punished for sexual misconduct policy violations. In the last few months, students have stormed a class, staged sit-ins outside administrators\u2019 offices, circulated a petition and issued a list of demands including public notices naming all professors found to have committed misconduct. \u201cWe don't know who we're in a classroom with,\u201d said one protest organizer, senior Alyssa Ashcraft. \u201cThat's the concerning part to students.\u201d Another sit-in is planned for Friday. Two days ago President Greg Fenves and Executive Vice President and Provost Maurie McInnis agreed to attend a public forum with students next semester, and administrators have met with student organizers several times since the sit-ins began. Two names in UT\u2019s spring 2020 course catalog spurred the student protests: Associate Professor Coleman Hutchison and Professor Sahotra Sarkar, whose sexual misconduct cases were reported in the media, are scheduled to teach undergraduate courses in January. Sarkar was suspended for a semester in 2017 after students complained he asked them to pose for nude photos and swim with him at a nude beach and led uncomfortable conversations that were \u201csexual in nature,\u201d according to documents. Hutchison made \u201cinappropriate remarks\u201d to graduate students and entered into a consensual relationship with one, according to media reports and a summary of a investigation. He was banned from supervising graduate students on his own for two years, and his undergraduate 2/27/25, 6:37 Students protest handling of UT-Austin sexual misconduct cases | The Texas Tribune 1/4 courses were later canceled for one semester. Hutchison returned to the classroom this fall; Sarkar returned in the fall of 2017. Neither Hutchison nor Sarkar responded to requests for comment. Sarkar has disputed the allegations against him in documents, and said he complied when an administrator suggested changes in his conduct. But students said it was an unpleasant surprise to learn of the professors\u2019 misconduct history from friends or through social media. Amanda Brown, a third-year student who took one of Sarkar\u2019s classes this semester, said she learned of his policy violation on Twitter. \u201cYou never think that\u2019s going to happen to you,\u201d she said fifth-year student, Candace Kosted, also heard of Sarkar\u2019s case on Twitter and said the information prompted her to drop a research project she had been working on with him. Although a teaching assistant has been offering a separate session for students enrolled in Sarkar\u2019s course, Kosted said it feels like the university is \u201caccommodating him more than anything by allowing him to keep this job.\u201d The university has refused to take quick steps to increase transparency, said one protest organizer, sophomore Tasnim Islam, and it did not take the group\u2019s demands seriously until it got press attention. \u201cSchool is supposed to be about learning; you\u2019re encouraged to go to office hours,\u201d she said. \u201cYou\u2019re encouraged to build relationships with professors has hired a law firm to review its policies and swiftly formed a campus working group with students and employees. But protesters say bringing in outside experts is \u201ca step nowhere\u201d that \u201cdoes nothing to address the immediate concerns that students have.\u201d Some students would like to see the professors fired or barred from teaching. Others seek less punitive measures, like having staff and faculty undergo more training about sexual misconduct, and requiring the university to publicize information about instructors\u2019 misconduct histories and explain why some are deemed eligible to continue teaching. In response to open records requests, UT-Austin already releases the names of faculty and employees who violate campus misconduct policies. It also posts sexual misconduct statistics online. 2/27/25, 6:37 Students protest handling of UT-Austin sexual misconduct cases | The Texas Tribune 2/4 university spokesperson, Shilpa Bakre, said in a statement that has and \u201cwill move to terminate faculty and staff members whose violations constitute a safety threat or who engage in violations that warrant termination. The university does so in compliance with our policies, which ensure faculty and staff members receive the required level of due process under federal and state constitutional requirements.\u201d Not all violations rise to a level that would justify termination, she said. \u201cThe type of sanction imposed in a specific situation depends on the facts available at the time, but the intent is for the severity of sanctions imposed to match the severity of the misconduct.\u201d Employees who have violated school policies in the past are observed, and \u201congoing safety assessments are regularly administered,\u201d Bakre said. \u201cShould new allegations of any kind surface, once reported, new investigations will be launched.\u201d The sit-ins come as universities across the country face continuous scrutiny over how they adjudicate sexual misconduct cases and balance due process rights with protecting student victims. Debates similar to the one playing out at have occurred at numerous colleges, testing what offenses should follow instructors throughout their professional careers. Peter Lake, the director of the Center for Excellence in Higher Education Law and Policy at Stetson University, said there\u2019s been a \u201ccrescendo\u201d of institutions facing these quandaries since around 2017, as #MeToo stories made headlines. \u201cThis is territory that is still very contested,\u201d said Lake, regarding whether instructors can \u201cpay the penalty\u201d for certain misconduct offenses and return to campus. \u201cInstitutions are caught in the middle of this, trying to balance what to do. There are no clear national standards on this, no obvious objective metric, no standard everyone agrees on.\u201d While he understands students\u2019 desire to know \u201cif there is a danger lurking and they are unaware,\u201d Lake likened a list of faculty with misconduct histories to a sex offender registry on campus \u2014 one that could lead to defamation claims or expand to include other misdeeds, from DUIs to battery, assault and weapons offenses student protesters said information and rumors about their teachers already spread through whisper networks and that the school could offer accurate facts and context about why certain professors are allowed in the classroom summary of UT\u2019s investigations shows 11 employees were found to have violated sexual misconduct-related policies between 2013 and mid-2017, including Sarkar, the lone professor on the list. Of the remaining employees, four were terminated, three were not rehired and one 2/27/25, 6:37 Students protest handling of UT-Austin sexual misconduct cases | The Texas Tribune 3/4 resigned is expected to release a more current catalogue, spanning mid-2017 to the present, within two weeks to people who submit public information requests. Bakre, the university spokesperson, said the working group and the external law firm would look into students\u2019 request that policy violators\u2019 names be proactively published, rather than released through the open records process officials have also committed to posting misconduct statistics more frequently, going beyond the mandates of a new state law that requires universities to publish the information annually takes all allegations of misconduct and assessing potential threats to student safety extremely seriously. Our processes surrounding misconduct are thorough, fair, and of the utmost importance to our mission,\" Bakre said. \"We will continue partnering closely with student leadership and other campus stakeholders to find solutions to these issues.\" Disclosure: The University of Texas at Austin has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here. Learn about The Texas Tribune\u2019s policies, including our partnership with The Trust Project to increase transparency in news. 2/27/25, 6:37 Students protest handling of UT-Austin sexual misconduct cases | The Texas Tribune 4/4", "7840_102.pdf": "The Daily Texan \u2022 April 10, 2019 \u2022 investigation-coleman-hutchison-will-teach-undergraduates year after sexual misconduct investigation, Coleman Hutchison will teach undergraduates this fall Liza Anderson Last June, the University of Texas found associate professor Coleman Hutchison had violated the University\u2019s sexual misconduct policies after complaints by five graduate students. Yesterday afternoon released the course schedule for Fall 2019. Hutchison is scheduled to teach two upper- division English courses for undergraduates \u2014 E340 and E342S. Maybe the University forgot what happened. Let me remind you. Most people in the English department knew Hutchison had sexual relationships with some of his students. He married one of them. Another wrote a piece for The Arkansas International in fall 2017, describing a relationship with Hutchison that began with a flirtatious response to an assignment and ended with her leaving academia to get away from him. Hutchison had a reputation in the English graduate community wrote a piece about it in September. Of the dozen students interviewed, most described his behavior as \u201ccreepy.\u201d Some described specific behaviors, ranging from uncomfortable glances to overt sexual advances. Some graduate students felt that, as graduate advisor, Hutchison made funding choices based on his personal relationships with students. Some feared they were denied funding because they didn\u2019t reciprocate his interest. Students aren\u2019t the only ones saying Hutchison behaved inappropriately. The Office for Inclusion and Equity agreed, and their investigation concluded that Hutchison had violated the sexual misconduct policies by making inappropriate comments to students and faculty, as well as the consensual relationship policy by failing to report his relationship with a student. Hutchison admitted he made inappropriate comments to his students. In an email to some of his graduate students, Hutchison acknowledged that he violated University policy by \u201cmaking a handful of inappropriate comments to graduate students.\u201d In other words, sexual misconduct. As the compliance investigation unfolded, Hutchison quietly moved from teaching graduates students to undergraduate students wrote about this with the rest of the editorial board last July. It looked like moved Hutchison to undergraduates when his reputation for sexual behavior became well-known within the graduate community. Maybe they thought he was less likely to behave inappropriately toward younger, more vulnerable undergraduates. The ensuing backlash prompted to remove Hutchison from the course schedule, canceling the two classes he was supposed to teach. He didn\u2019t appear on the course schedule for this spring either. Nathan Dinh Now he\u2019s scheduled to be back in the classroom. He\u2019s scheduled to teach two seminar-style undergraduate classes, both of which are \u201cdesigned to accommodate 35 or fewer students.\u201d In small classes such as these, students have unrivaled access to their professors. And vice versa shouldn\u2019t have to explain why this is a bad idea. It shouldn\u2019t be news to that putting someone they know has behaved inappropriately in front of a class of undergraduates is irresponsible. Maybe Hutchison is listed on the course schedule by mistake. Maybe the University doesn\u2019t understand how badly sexual misconduct hurts students don\u2019t know. But it sure looks like doesn\u2019t care. \u201cThe safety of students is always a paramount concern for the university. In this case, the university thoroughly investigated the allegations against Prof. Hutchison, found violations of university policy and disciplined him in accordance with those violations. The university does not believe he is a safety threat to students and would not allow him to teach were this otherwise. The provost\u2019s sanctions administered last year did not prohibit him from teaching, just from sole-supervision of graduate students due to the specific nature of the findings against him,\u201d University spokesperson J.B. Bird wrote in response to this piece. Coleman Hutchison did not respond to a request for comment before this piece went to print. Anderson is a Plan and history junior from Houston. She is the editor-in-chief."} |
7,307 | William Kelley | Dartmouth College | [
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] | {"7307_101.pdf": "E-Edition Advertise Newsletters Subscribe Login Third Dartmouth Professor Ousted in Sexual Misconduct Inquiry By Nora Doyle-Burr Valley News Staff Writer Published: 07-18-2018 9:41 Hanover third Dartmouth professor in the Department of Psychological and Brain Sciences has left his job following an investigation into sexual misconduct. Professor William M. Kelley resigned \u201ceffective immediately,\u201d in the face of a recommendation by the dean of the faculty of arts and sciences, Elizabeth Smith, that his tenure be revoked and his employment terminated, according to a campus-wide email sent by Dartmouth President Phil Hanlon on Tuesday. Kelley\u2019s resignation, which comes just weeks after former professor Todd Heatherton retired and former professor Paul Whalen resigned, marks the end of the college\u2019s internal investigations that began last fall. Heatherton and Whalen faced similar recommendations by Smith. edpick Hanover Dartmouth College Nora Doyle-Burr bill kelley 35\u00b0 Cloudy H:36 / L:34 Privacy - Terms Home News Opinion Sports Photos Arts & Life Obituaries Classifieds Calendar Puzzles Search 2/27/25, 6:37 Valley News - Third Dartmouth Professor Ousted in Sexual Misconduct Inquiry 1/7 The three professors \u201ccreated a hostile academic environment in which sexual harassment is normalized,\u201d a group of undergraduates, graduate students and postdoctorate scholars said in a statement published in a November edition of The Dartmouth, a student newspaper. The Dartmouth spoke with a handful of the students directly, all on condition of anonymity, who said that the professors frequently encouraged their students to socialize and drink during off-hours. As with Heatherton and Whalen, the college did not enter into separation or nondisclosure agreements with Kelley, who along with the other two had been on paid leave since October. It also made no severance payments to him. Kelley could not be reached for comment on Tuesday. He joined the department in 2000, according to a LinkedIn profile that has recently been taken down. He earned his doctorate in neuroscience from Washington University in St. Louis in 1998 and his bachelor\u2019s degree in psychology from the University of Illinois at Urbana-Champaign in 1995. Article continues after... Yesterday's Most Read Articles officers search Peterborough, N.H., restaurant Lebanon stops providing community nursing to neighboring towns Kenyon: Weathersfield Selectboard race heats up Strict co-operative program rules put Mascoma girl on boys hockey team \u2014 but it\u2019s going well Lebanon Planning Board delays decision on River Park extension Valley News promotes general manager to publisher Your Daily Puzzles 2/27/25, 6:37 Valley News - Third Dartmouth Professor Ousted in Sexual Misconduct Inquiry 2/7 Cross|Word Flipart Typeshift 2/27/25, 6:37 Valley News - Third Dartmouth Professor Ousted in Sexual Misconduct Inquiry 3/7 SpellTower Really Bad Chess His work, according to his Dartmouth web page that has recently been taken down, focused on answering questions such as \u201cHow does the human brain form and maintain memories? How do cognitive and emotional experiences give rise to an individual\u2019s unique sense of self? How does the human brain represent different kinds of reward? And how do we self-regulate against short-term rewards when they can lead to maladaptive habits down the road?\u201d Kelley and the other two former professors continue to be prohibited from \u201centering campus property or from attending any Dartmouth-sponsored events, no matter where they are held,\u201d Hanlon wrote in his email. The college continues to cooperate with an ongoing criminal investigation by the New Hampshire Attorney General\u2019s Office involving allegations of \u201csexual misconduct,\u201d Hanlon wrote. Deputy Attorney General Jane Young, in an email on Tuesday, confirmed that the investigation is ongoing, but offered no details. The conclusion of the college\u2019s inquiry is a good time to recognize the strength it took for the victims of the professors\u2019 actions to come forward, said Peggy O\u2019Neil, executive director of Wise, which provides support to victims of domestic and sexual violence at its office in Lebanon, through a crisis hotline and through an office on Dartmouth\u2019s campus. 2/27/25, 6:37 Valley News - Third Dartmouth Professor Ousted in Sexual Misconduct Inquiry 4/7 \u201cAny time people come forward and share their truth and the system uses its processes to address that contributes to things being safer and better,\u201d O\u2019Neil said in a phone interview doctoral candidate in the department, Sasha Brietzke, greeted the news of Kelley\u2019s departure with a Tweet: \u201c... Beyond proud and grateful for all of the many efforts that are going into making the department a safer and more equitable environment for all of us to train as scientists #timesup #MeTooPhD.\u201d Next steps for the college include a review by Dartmouth\u2019s senior leadership of a report compiled by a Presidential Steering Committee on Sexual Misconduct, which was charged in January with reviewing institution-wide policies on sexual misconduct response, prevention, education and accountability. Following that review, Dartmouth will seek community feedback on suggestions from that report, according to Hanlon\u2019s email would like to reiterate that sexual misconduct and harassment have no place at Dartmouth,\u201d Hanlon wrote. \u201cWe will investigate all allegations fairly and impartially and hold accountable any community members found to have violated our policies or standards.\u201d In his email, Hanlon directed those in need of assistance and resources to Dartmouth\u2019s sexual respect website, dartgo.org/sexualrespectsite. \u201cPlease do not hesitate to seek help,\u201d he wrote. Nora Doyle-Burr can be reached at [email protected] or 603-727-3213. ]]> \uf39e Share on Facebook \uf099 Share on Twitter \uf0e0 Share via E-Mail 2/27/25, 6:37 Valley News - Third Dartmouth Professor Ousted in Sexual Misconduct Inquiry 5/7 Support Local Journalism Subscribe to Valley News 2/27/25, 6:37 Valley News - Third Dartmouth Professor Ousted in Sexual Misconduct Inquiry 6/7 Subscribe Now More News for you Tangle of trucks closes I-91 02-27-2025 4:31 Organizers cancel Five Colleges Book Sale due to lack of space 02-27-2025 4:01 Three vie for two Claremont School Board seats 02-26-2025 6:32 Loan refinancing for flood repairs up for debate in Bridgewater 02-25-2025 5:01 24 Interchange Dr West Lebanon 03784 603-298-8711 Terms & Conditions Privacy Policy About Us Accessibility Customer Relations \u2022 Advertising 603-298-6082 [email protected] \u2022 Subscriptions 603-298-7739 [email protected] Social Media \u2022 Facebook \u2022 Twitter \u2022 Instagram The Newspapers of New England Family Amherst Bulletin Athol Daily News Concord Monitor Daily Hampshire Gazette Greenfield Recorder Monadnock Ledger-Transcript Valley News Valley Advocate The Concord Insider Around Concord NNEdigital By using this site, you agree with our use of cookies to personalize your experience, measure ads and monitor how our site works to improve it for our users Copyright \u00a9 2016 to 2025 by Valley News. All rights reserved. 2/27/25, 6:37 Valley News - Third Dartmouth Professor Ousted in Sexual Misconduct Inquiry 7/7", "7307_102.pdf": "1 2, and 3, Plaintiffs, on behalf of themselves and all others similarly situated, v COLLEGE, Defendants. Hon. Landya B. McCafferty NO. 1:18-cv-01070 Plaintiffs Kristina Rapuano, Vassiki Chauhan, Sasha Brietzke, Annemarie Brown, Andrea Courtney, Marissa Evans, Jane Doe, Jane Doe 2, and Jane Doe 31 (\u201cPlaintiffs\u201d), by and through their undersigned counsel, hereby sue Defendant Trustees of Dartmouth College (\u201cDartmouth\u201d or the \u201cCollege\u201d), on behalf of themselves and the class defined below, under Title IX2 and common law claims pursuant to New Hampshire law to remedy the gender discrimination, sexual assaults, and harassment they suffered. These harms directly resulted from Dartmouth\u2019s breach of its duty to protect its students from unwanted sexual harassment and sexual assault and to provide an education and/or workplace free from sexual harassment and other forms of gender-based discrimination. Plaintiffs allege upon knowledge concerning their own acts and upon information and belief as to all other matters. 1 Along with this First Amended Complaint, Jane Doe 2 and Jane Doe 3 have filed motions to proceed under a pseudonym that set forth the legal and factual authority for protecting their identities due to the sensitive nature of the acts perpetrated upon them and to mitigate against additional extreme emotional distress that would result in publicly identifying them. 2 Title of the Education Amendments of 1972, 20 U.S.C. \u00a7 1681 et seq. (\u201cTitle IX\u201d). Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 1 of 85 2 Dartmouth College has knowingly permitted three of its prominent (and well- funded) professors to turn a human behavior research department into a 21st Century Animal House. For well over a decade, female students in Dartmouth\u2019s Department of Psychological and Brain Sciences (the \u201cDepartment\u201d) have been treated as sex objects by tenured professors Todd Heatherton, William Kelley, and Paul Whalen. These professors leered at, groped, sexted, intoxicated, and even raped female students. These professors ensured the young women in the Department were vulnerable to this sexual harassment by conditioning faculty mentorship and support on students\u2019 participation in the alcohol-saturated \u201cparty culture\u201d they perpetuated. Among other things, these professors conducted professional lab meetings at bars, invited students to late-night \u201chot tub parties\u201d in their personal homes, and invited undergraduate students to use real cocaine during classes related to addiction as part of a \u201cdemonstration.\u201d Dartmouth has known about bad behavior by these professors for more than sixteen years. Dartmouth\u2019s supervisory faculty, administrators, officers, and employees (such agents, unless referred to by name or position, hereinafter referred to as \u201cDartmouth\u201d) have received complaints of pervasive sexual harassment and gender-based discrimination perpetuated by Professors Heatherton, Kelley, and Whalen since at least 2002. But Dartmouth did nothing and ignored these complaints, thereby ratifying the violent and criminal acts of its professors. In early April 2017, a group of female graduate students, determined to end the intolerable conditions in which they and others were forced to work and study, contacted Dartmouth\u2019s Title office and detailed instances of sexual assault and sexual harassment by these three professors. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 2 of 85 3 Dartmouth did nothing. As a result, Professor Whalen sexually assaulted Plaintiff Chauhan twenty days later. At Dartmouth\u2019s suggestion, Plaintiffs and the other women in the Department continued working with or among the accused professors for nearly four months. The sexual harassment continued unabated. Over several months, at least 27 complainants came forward to participate in the Title investigation. In October 2017, Dartmouth was forced to publicly disclose the existence of the investigation for the very first time after the news was leaked to the media. Days later, on October 31, 2017, the New Hampshire Attorney General opened a criminal investigation into the allegations against the three professors. Dartmouth eventually hired an outside attorney to conduct an \u201cindependent investigation\u201d in which Plaintiffs were told they would have a voice. Instead, Dartmouth unilaterally stopped the investigation and allowed the three professors to retire and/or resign in July 2018, more than fifteen months after Plaintiffs filed their initial complaints. The seven Plaintiffs, each an exemplary female scientist at the start of her career, came to Dartmouth to contribute to a crucial and burgeoning field of academic study. Plaintiffs were instead sexually harassed and sexually assaulted by the Department\u2019s tenured professors and expected to tolerate increasing levels of sexual predation. Plaintiffs now turn to this Court for appropriate relief to remedy Dartmouth\u2019s past wrongs and to force Dartmouth College to enact meaningful reforms that will permit women to engage in rigorous scientific study without fear of being sexually harassed and sexually assaulted is a natural person who, at all relevant times, was domiciled in Vermont. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 3 of 85 4 is a natural person who, at all relevant times, was domiciled in New Hampshire is a natural person who, at all relevant times, was domiciled in Vermont is a natural person who, at all relevant times, was domiciled in New Hampshire or Vermont is a natural person who, at all relevant times, was domiciled in New Hampshire or Vermont is a natural person who, at all relevant times, was domiciled in New Hampshire is a natural person who, at all relevant times, was domiciled in New Hampshire 2 is a natural person who, at all relevant times, was domiciled in New Hampshire or Illinois 3 is a natural person who, at all relevant times, was domiciled in New Hampshire or Rhode Island is a non-profit corporation organized and existing under the laws of New Hampshire that maintains its principal place of business at 63 South Main Street, Suite 301, Hanover 03755, in this District. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. \u00a7\u00a7 1331 and 1343, because Plaintiffs\u2019 statutory claims under Title present a federal question over which this Court has jurisdiction. Plaintiffs also assert state-law claims over which this Court has supplemental jurisdiction pursuant to 28 U.S.C. \u00a7 1367. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 4 of 85 5 This Court has personal jurisdiction over Defendant pursuant to Fed. R. Civ. P. 4(k)(1)(a) because Defendant is domiciled in and conducts business within this Judicial District. This Court is the proper venue under 28 U.S.C. \u00a7 1391(b) and 42 U.S.C. \u00a7 2000e- 5(f) because Dartmouth is headquartered in this District and many of the unlawful practices complained of herein occurred in this District, and the events or omissions giving rise to Plaintiffs\u2019 claims occurred in this District A. The Department\u2019s Predators\u2019 Club Dartmouth College is an elite Ivy League private research university located in the town of Hanover, New Hampshire. Dartmouth has an enrollment of 6,400 students and is one of the nation\u2019s most competitive colleges, with an undergraduate acceptance rate of 8.7%. The conduct at issue involved three celebrated Dartmouth professors in the Department, which is considered a \u201cpowerhouse\u201d for research and innovation at Dartmouth. The Department is housed in a state-of-the-art $27 million building and Dartmouth was the first liberal arts school in the country to have its own fMRI scanner to conduct brain scans. The most senior member and arguably the founder of the three-member \u201cpredatory club\u201d that harassed female students was Todd Heatherton. Heatherton was a prolific researcher who received Dartmouth\u2019s prestigious Champion International Professorship endowed chair and served as the Department Chair from 2004 through 2005. Heatherton was instrumental in making the Department a major power center on campus by, among other things, helping to attract what was as of 2005 the largest grant in Dartmouth\u2019s history\u2014$21.8 million to establish a center for cognitive and educational neuroscience. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 5 of 85 6 The predatory club was filled out by two younger brain science scholars who joined in Heatherton\u2019s pattern of harassment of female students in the Department. William Kelley joined the Department in 2000 and Paul Whalen joined in 2005. Both Whalen and Kelley received tenure through the Department, even as three promising female professors did not. All three female professors went on to receive tenure, prestigious awards and great success\u2014but at other institutions. Upon information and belief, Heatherton was instrumental in helping both Kelley and Whalen obtain tenure and, once that happened, the three men frequently socialized and regularly gathered with each other\u2019s female graduate students at bars in Hanover. B. Dartmouth Ignores Decades of Complaints The pervasive sexual harassment and gender-based discrimination in the Department perpetuated by Heatherton, Kelley, and Whalen was well-known to Dartmouth\u2019s supervisory faculty and administrators since at least 2002. At least two sexual harassment complaints were made against Heatherton in a 12- month span in 2002. In lieu of responding appropriately to either complaint, Dartmouth rewarded Professor Heatherton, first naming him Champion International Professor (after the initial complaint) and subsequently promoting him to Chair of the Department (after the second complaint). The first complaint arose from an incident that occurred during a public recruiting event for the Department in February 2002. Heatherton grabbed a female graduate student\u2019s breasts and told her that she was \u201cnot doing very well\u201d in her work in the lab. The incident was Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 6 of 85 7 reported to Dartmouth\u2019s administration, including then-Associate Dean Richard Wright.3 Not long after the report, Dartmouth appointed Heatherton as Champion International Professor. The second complaint stemmed from an incident that occurred in late 2002 or early 2003, when Heatherton groped the buttocks of two graduate students, one male and one female, whom he approached from behind at a bar. The female graduate student reported this incident to then-Department Chair Howard Hughes (\u201cformer Chair Hughes\u201d). In response, former Chair Hughes encouraged the female graduate student not to \u201cmake a fuss\u201d by pursuing the matter further. Dartmouth then promoted Heatherton to Chair of the Department. Dartmouth also received multiple complaints about an inappropriate sexual relationship between Kelley and Jane Doe 3, a female graduate student working in his lab from 2003 until 2008. In approximately 2004, a female graduate student contacted former Chair Hughes and reported that Kelley was having a sexual relationship with Jane Doe 3 that made her very uncomfortable. Upon information and belief, multiple students made similar complaints to Dartmouth between 2005 and 2007. Upon information and belief, a complaint relating to sexual harassment and sex discrimination was filed against Kelley and Heatherton in 2005. Upon information and belief, Dartmouth failed to take disciplinary action against either professor female graduate student working in Whalen\u2019s lab from 2006 to 2010 complained that Whalen was depriving her of career opportunities that were instead given to another female graduate student in the lab with whom Whalen flirted and favored. 3 See Britta Greene, Former Professor: Dartmouth Aware of Misconduct Allegations For Years (Nov. 16, 2017), Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 7 of 85 8 Upon information and belief, Professor and Director of Graduate Studies Thalia Wheatley (\u201cDirector Wheatley\u201d), Department Chair Dave Bucci (\u201cChair Bucci\u201d), and administrators with supervisory authority knew about discriminatory hiring practices within the Department. Heatherton, Kelley, and Whalen demonstrated an obvious bias toward hiring young, attractive female students to work in their labs. Kelley and Whalen treated this endeavor as a competition and openly debated who had \u201cthe hottest lab.\u201d Female students in the Department were pressured to appease the professors by flirting with them. Women ultimately felt that their looks were significant in their being hired rather than their academic achievements. Heatherton, Kelley, and Whalen tied female students\u2019 academic success to the students\u2019 willingness to tolerate unwanted sexual attention. All three professors favored students who accompanied the men on their frequent drinking binges and engaged in sexual banter or submitted to unwanted touching and sexual contact. Heatherton, Kelley, and Whalen compelled female students to be objectified and to objectify their female classmates. All three men made inappropriate comments about the students\u2019 physical attractiveness, including explicit references to their breasts. Kelley went so far as to publicly \u201crank\u201d women on a \u201cPapi\u201d scale by which a \u201c0\u201d rating meant he \u201cwould never bang\u201d under any circumstances, a \u201c1\u201d rating meant \u201chot enough that you would bang her if her personality was excellent,\u201d and a \u201c2\u201d rating meant \u201cso hot you would bang her no matter what she was like.\u201d Upon information and belief, Director Wheatley, Chair Bucci, and administrators with supervisory authority knew that Heatherton, Kelley, and Whalen routinely injected themselves into the sexual lives of their female students, such as taking \u201cbets\u201d on how long female students could make their relationships last and advising their female students to \u201cjust screw\u201d other members of the lab. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 8 of 85 9 Heatherton, Kelley, and Whalen mostly ignored personal and professional boundaries. Kelley regularly accessed students\u2019 cell phones without permission and sent inappropriate messages from the students\u2019 phones to others. Whalen demanded that his highly educated students act as his personal masseuses and \u201cwalk on his back,\u201d an activity which he claimed his previous students did for him regularly. Whalen also went \u201cshopping\u201d with his female students, offering to purchase them dresses and shoes he selected for them. Kelley and Whalen openly conducted sexual relationships with their female students. Upon information and belief, Dartmouth administrators with supervisory authority knew Kelley and Whalen were involved in these inappropriate relationships. The Department\u2019s faculty have described Dartmouth as \u201cthe capital of sexism\u201d and likened the Department to a fraternity house of which Kelley, Whalen, and Heatherton were self- appointed co-presidents. Numerous Dartmouth administrators, including Associate Dean Jay Hull (\u201cDean Hull\u201d), Chair Bucci, and current and former students described Whalen as being \u201ctouchy,\u201d \u201ca flirt,\u201d \u201ca hugger,\u201d and \u201chandsy.\u201d Chair Bucci further acknowledged that he observed Whalen blurring professional boundaries, or to be \u201ccompletely lacking\u201d in them. Indeed, over the last decade, former faculty members informed Dartmouth\u2019s administration that they were concerned about misconduct by Kelley, Heatherton, and Whalen. While at a conference in Boston, Director Wheatley witnessed Whalen attempting to kiss a woman working in his lab. C. Dartmouth Fails to Stop the Predators\u2019 Club from Pressuring Female Students into \u201cBlack Out\u201d Binge Drinking and Unwanted Physical and Sexual Contact On top of the sexual harassment women in the Department endured, they were also forced to reckon with the fact that Heatherton, Kelley, and Whalen conditioned faculty mentorship Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 9 of 85 10 and support on student participation in the alcohol-saturated \u201cparty culture\u201d they created. This practice was both well-known and blatantly ignored by Dartmouth administrators. Examples of the Department\u2019s \u201cparty culture\u201d abound. Kelley bragged to his students that he snorted real cocaine in class during demonstrations related to addiction. Kelley, Whalen, and Heatherton openly took shots of alcohol with underage prospective students. When hiring undergraduates to work in his lab, Kelley sometimes scheduled the interviews to take place at bars and purchased drinks for the underage interviewees. Associate Dean Hull was specifically aware of Kelley and Whalen\u2019s \u201ctradition\u201d of taking prospective female students out drinking, purportedly to observe how the students \u201chandled themselves\u201d while drunk, but did nothing to investigate or stop it. The three predatory professors pressured their young female graduate students to accompany them to local bars and other places to engage in binge drinking. All three professors purchased drinks for their female students and encouraged them to drink late into the night. The professors then regaled their lab members with tales of their alcohol-fueled exploits with other students, describing how those students got drunk, became ill, and made fools of themselves. On at least one occasion, Kelley encouraged his graduate students to go to a strip club with him while at a conference. Kelley regularly hosted \u201chot tub parties\u201d and other parties at his house, which has a fully outfitted bar in the basement. These parties, for which Kelley coined the term \u201ctubby time,\u201d often took place late at night after drinking at bars. Not to be outdone, Whalen hosted numerous parties at his residence centered around drinking excessively. Both Kelley and Whalen encouraged their female students to spend the night at their homes after long nights of drinking. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 10 of 85 11 The lab environment was no less free from pressure to consume alcohol. Lab meetings and one-on-one advising meetings often took place at bars. On the occasions when meetings did take place in the labs, the professors often expected that alcohol be served. Students were flown to conferences across the country and then urged to skip conference events to drink with the professors in bars. Whalen rescheduled important qualifying exams and meetings because he needed to \u201crecover\u201d from binge drinking over the weekend or \u201cget laid.\u201d Female students who were willing to partake in these activities were rewarded with academic attention, while those who refrained were ignored and neglected academically. Kelley publicly labeled one female student \u201ca bitch\u201d for refusing to participate in drinking events. Associate Dean Hull and Director Wheatley confirmed that they both received numerous complaints from graduate students who felt pressured to drink alcohol and socialize with Kelley and Whalen, and feared retaliation if they refrained from these activities. Instead of acting on their knowledge, Dartmouth administrators emboldened the predators\u2019 club to continue their harassment and abusive conduct toward female students without fear of punishment. This attitude was on full display when, during the 2010-2011 academic year, Whalen announced to his students that a woman in the Department had previously complained about sexual harassment and that it had \u201cbackfired,\u201d causing the complainant to \u201close resources\u201d and to \u201close steam in her career.\u201d According to Whalen, the complainant \u201cgot what was coming to her, of course; you don\u2019t bite the hand that feeds you.\u201d In the three years preceding April 2017, sexual harassment and abuse of female students became intolerable and students\u2019 complaints became louder. Within that timeframe, graduate students repeatedly spoke out about inappropriate student/advisor relationships during annual meetings attended by high-level administrators, including but not limited to Dean Hull, Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 11 of 85 12 Director Wheatley, and Chair Bucci. Upon information and belief, these administrators were informed that multiple students were attending therapy because of their advisors. One graduate student explicitly told these administrators that this was a \u201clife or death situation,\u201d and someone would commit suicide if Dartmouth refused to act. D. As Harassment Grows Intolerable, Female Students Band Together to End the Harassment and Abuse On January 13, 2017, Ms. Rapuano contacted Provost Carolyn Dever (\u201cProvost Dever\u201d) to report that she was experiencing sexual harassment at Dartmouth and had realized this was a pervasive issue. Upon information and belief, Provost Dever failed to launch any investigation of her own and took no steps to protect Ms. Rapuano or other students from sexual harassment. In or about late March 2017, several female graduate students came together to discuss the harassment and abuse they were experiencing in the Department. With no assistance from Dartmouth, the students researched their legal options, sought support and guidance from advocates and determined that filing a Title complaint against the three professors was the best first step. On April 4, 2017, Ms. Rapuano, Ms. Courtney, and several other graduate students met with Chair Bucci and Director Wheatley to report sexual harassment and sexual assault within the Department. On April 7, 2017, the same group met with Dartmouth\u2019s Title coordinator. The students outlined instances of sexual assault and sexual harassment so extreme as to constitute a sexually hostile educational environment and work place, inappropriate conduct, and retaliation by Kelley, Whalen, and Heatherton. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 12 of 85 13 Dartmouth took no immediate action to protect the students who complained. Whalen sexually assaulted Ms. Chauhan twenty days after the Title complaint was filed, and Kelley continued to sexually harass Ms. Rapuano through June 2017. Even after these serious complaints were lodged, Dartmouth actually encouraged the victims to continue working with or among Heatherton, Kelley, and Whalen. Dartmouth warned the victims that the accused professors would likely retaliate against students who discontinued working with them by disparaging them and revoking their academic support, actions which could result in the victims being expelled or placed on academic probation. Thus, at Dartmouth\u2019s suggestion, the victims continued working with their harassers for nearly four months. Dartmouth waited nearly four months before notifying Kelley, Whalen, and Heatherton of Plaintiffs\u2019 complaints (on July 20, 2017) and placing them on administrative leave (on July 28, 2017). Dartmouth released no information about the three professors\u2019 status even after they were placed on leave. Concerned about the situation and the College\u2019s lack of candor, undergraduate students posted flyers around campus on October 24, 2017, asking \u201cWhere is Prof. Paul Whalen?\u201d and \u201cWhere is Prof. Bill Kelley?\u201d The College newspaper, The Dartmouth, reported on the flyers, and a College spokesperson said only that the three professors were on paid leave and under \u201congoing investigations into allegations of serious misconduct[.]\u201d On October 31, 2017, the New Hampshire Attorney General opened a criminal investigation into the allegations against the three professors. Heatherton was on sabbatical leave during the 2017-2018 academic year to work as a visiting scholar at New York University (\u201cNYU\u201d) while the Title investigation was Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 13 of 85 14 ongoing. Upon information and belief, Dartmouth failed to disclose the Title Investigation or the allegations against Heatherton to NYU, thus enabling him to continue working amongst students until October 2017. In response to the Title Complaint, Dartmouth launched an \u201cindependent investigation\u201d led by Jennifer Davis, Esquire (\u201cInvestigator Davis\u201d), an attorney and self-described \u201cindependent investigator.\u201d Investigator Davis is on the \u201capproved\u201d list of Dartmouth\u2019s insurer, United Educators Insurance, whose focus appears to be helping institutions manage risk and minimize liability stemming from wrongdoing by employees.4 Indeed, Investigator Davis seemingly made no effort to address Dartmouth\u2019s prior knowledge of the professors\u2019 conduct or to examine Dartmouth\u2019s role in fostering the continuing harassment Plaintiffs experienced. Investigator Davis demanded extensive confidential information from Plaintiffs, including privileged mental health records, emails, texts, pictures, and other such information. In several instances, however, Investigator Davis showed these confidential records to Heatherton, Whalen, Kelley, and their attorneys without Plaintiffs\u2019 knowledge or consent. Investigator Davis also conducted numerous lengthy interviews with Plaintiffs and others without advising them of their rights or encouraging them to seek legal counsel. Without Plaintiffs\u2019 knowledge or consent, she then shared portions of these interviews with the perpetrators and their attorneys. Investigator Davis and Dartmouth\u2019s Title office failed to protect Plaintiffs\u2019 privacy by erroneously including one reporting party\u2019s confidential exhibits in a different reporting party\u2019s folder. On several occasions, email communications from the Title office were 4 See LLC, (last visited on Nov. 13, 2018). Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 14 of 85 15 addressed to the wrong person, revealing the complainant\u2019s identity and confidential information to others. Dartmouth included Ms. Brown as a \u201cReporting Party\u201d to the complaints into Whalen\u2019s conduct without Ms. Brown\u2019s knowledge or permission. Ms. Brown learned that she was a Reporting Party for the first time when she unexpectedly received a copy of the investigation report along with, most concerningly, a copy of Whalen\u2019s rebuttal to her specific allegations. Ms. Brown was never informed that Whalen would be permitted to review or dispute her allegations. Investigator Davis provided Dartmouth with several reports concerning her \u201cfindings\u201d in March 2018, eleven months after the April 2017 Title complaint was filed. Plaintiffs were provided with heavily redacted versions of the sections of the reports that pertained to them and given a limited opportunity to correct inaccuracies in the reports. Based on the limited information Plaintiffs received, Investigator Davis purported to \u201cfind\u201d numerous violations of Dartmouth\u2019s policies and procedures by Heatherton, Kelley, and Whalen. Disciplinary hearings regarding the \u201cfindings\u201d were scheduled for July 2018, and Plaintiffs were promised an opportunity to be heard and confront their harassers. Dartmouth then unilaterally suspended the disciplinary process, permitting Heatherton to retire and accepting resignations from Kelley and Whalen. Plaintiffs were not consulted prior to Dartmouth\u2019s termination of the Title process. Dartmouth declined to provide Plaintiffs with accommodations, support or guidance, both immediately following their initial complaints to the Title office and throughout the investigation. There were three separate Title Coordinators while Plaintiffs\u2019 complaint was pending. The first of these, Heather Lindkvist, implicitly discouraged Plaintiffs from coming forward. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 15 of 85 16 Since it unilaterally terminated the Title process, Dartmouth has taken no action that would demonstrate any intent to investigate how the abuse perpetrated upon Plaintiffs could have happened and/or to make any changes that would prevent it from happening again. Instead, Dartmouth has taken steps to silence the victims and discourage them from pursuing legal action or demanding change within Dartmouth. On September 12, 2018, Plaintiffs\u2019 counsel sent Dartmouth a letter detailing Plaintiffs\u2019 claims and the basis for Dartmouth\u2019s liability under Title and other statutes. Days later, Chair Bucci and Director Wheatley convened a meeting with all graduate students in the Department. When the students arrived, they saw that the Title Coordinator, Kristi Clemens, was also present, and Chair Bucci and Director Wheatley had called this meeting to, in their words, \u201cdispel rumors\u201d about the Title investigation. It became quickly apparent that the meeting was a public platform to disparage the victims and discourage them from pursuing legal action. Chair Bucci accused the victims of \u201cpulling the Department backwards rather than forward\u201d by continuing to demand change at Dartmouth. Chair Bucci and Director Wheatley criticized the victims for questioning their involvement in the facts giving rise to the Title complaints and said that it was \u201cvery unfair\u201d of the students to discuss the prior complaints about Heatherton and implied that these complaints were irrelevant. Finally, they took pains to dispute and justify several aspects of the investigation that Plaintiffs\u2019 attorneys explicitly criticized in their September 12, 2018, letter. After the departure of Heatherton, Kelley, and Whalen, Dartmouth convened a search committee to hire their replacements. Upon information and belief, 158 applications were submitted for the three positions; from these, Dartmouth\u2019s selection committee shortlisted 11 candidates. Only two of the shortlisted candidates are women. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 16 of 85 17 After Plaintiffs\u2019 Complaint was filed on November 15, 2018, a number of individuals associated with the Department came forward and shared their own experiences with Heatherton, Whalen, and Kelley. Former graduate students corroborated the environment described by Plaintiffs. Individuals who declined employment offers from Dartmouth attributed their decision, in part, to the accused professors. Other professionals in the field claimed that rumors of sexual misconduct, a heavy drinking culture, poor student/faculty boundaries, and a \u201cboys\u2019 club\u201d environment in the Department had circulated for years. One former female graduate student published an article in which she explained that \u201c[t]he seeds of the current allegations were already sown 15 years ago while [she] was there\u201d and wrote that the accused professors routinely \u201cpushed [students\u2019] boundaries\u201d by initiating sexual conversations, joking about the details of students\u2019 sex lives, and pressuring students to drink excessive amounts of alcohol. Another former graduate student wrote that \u201c[t]he victims of this culture are much greater in number than 7\u201d and stated that he witnessed first-hand the \u201csex- talk,\u201d the \u201cparty culture in the program that spiraled so out of control,\u201d and a sexual relationship between a graduate student and faculty member. Yet another former graduate student claimed that some of the actions described in the lawsuit were entirely normalized during her five years in the Department former Assistant Professor at Dartmouth wrote that she once attended a dinner with Whalen and Kelley in which they discussed women\u2019s breasts. Individuals who were offered faculty positions at Dartmouth explained that the accused professors\u2019 inappropriate conduct factored into their decision to decline their employment offers. One such individual said that Whalen made inappropriate comments to his partner and showed her photos of his graduate students while discussing how \u201chot\u201d they were. Another individual wrote sought advice from at least 20 people and the supermajority of them mentioned Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 17 of 85 18 Whalen, Kelley, and Heatherton. This was not a few victims sharing their own stories\u2014this information was widely known . . . the groping sounded rampant[.]\u201d On December 6, 2018, nearly 800 members of the Dartmouth community (including current and former undergraduate students, graduate students, faculty, and staff) signed an open letter5 to President Hanlon and the Board of Trustees condemning Dartmouth\u2019s failure to protect its students from sexual assault and harassment. The letter, issued by the Dartmouth Community Against Gender Harassment and Sexual Violence, stated, in part: \u201cAs members of the Dartmouth community spanning several generations, we are acutely aware that these were not isolated incidents, but rather part of an institutional culture that minimizes and disregards sexual violence and gender harassment . . . . We stand, outraged, in solidarity with the courageous individuals who filed this lawsuit, and with the countless students, staff, and faculty who have endured sexual violence and gender harassment throughout Dartmouth\u2019s history A. Kristina Rapuano\u2019s Factual Allegations Ms. Rapuano graduated in the top two percent of her undergraduate class with a Bachelor of Science in Psychology in 2010. She enrolled in graduate studies at Dartmouth College in 2012, where she worked as a Ph.D. student and teaching assistant. While at Dartmouth, Ms. Rapuano won numerous awards, recognitions, and scholarships for her performance as a graduate student and as a teaching assistant. She has a strong publication record and has routinely given talks and poster presentations at academic conferences across the country. 5 See (last visited May 01, 2019). Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 18 of 85 19 On approximately March 14, 2014, Ms. Rapuano met Whalen in his office to assist him in grading final exams. She returned to her office after they finished grading the exams. Soon after, she received a text message from Whalen summoning her back to his office. When Ms. Rapuano entered Whalen\u2019s office, he closed the door, turned the lights off, sat down next to her on the couch, and proceeded to try and touch her over her clothes. When Ms. Rapuano stood and tried to leave, Whalen followed her and pinned her against the wall. He then repeatedly tried to put his hands into her pants over her objections and demands that he stop touching her. Whalen persisted until Ms. Rapuano forcefully removed his hands from her pants. Not long after this incident, Whalen told Ms. Rapuano that he had altered the curve for one of his courses (for which Ms. Rapuano was the teaching assistant) so that a young woman in his class would receive an \u201cA-\u201d in the course, despite the negative impact on the other students. Kelley largely ignored Ms. Rapuano when she first began working in his lab and abstained from socializing or drinking with him. Leading up to and during the 2014-2015 school year, Ms. Rapuano finally succumbed to Kelley\u2019s pressure to act as his \u201cdrinking buddy.\u201d She noticed an increase in Kelley\u2019s interest in working with her professionally and providing her with academic support. In March 2015, both Ms. Rapuano and Kelley attended the annual conference of the Cognitive Neuroscience Society (\u201cCNS\u201d) in San Francisco, California. Ms. Rapuano booked a flight to the Conference leaving on Saturday, March 28, 2015, and reserved her own hotel room. When Kelley learned of Ms. Rapuano\u2019s travel plans, he changed her flight so that she would arrive in San Francisco a day earlier, claiming that it would be better if he and Ms. Rapuano had more time together at the conference. Kelley then suggested that Ms. Rapuano stay in his hotel Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 19 of 85 20 room for the night, despite knowing\u2014and failing to inform Ms. Rapuano\u2014that his hotel room had just one bed in it. Kelley instructed Ms. Rapuano to meet him at the hotel bar, even though she would not arrive at the hotel until nearly 12:00 a.m. After drinking at the hotel bar, Kelley urged Ms. Rapuano to accompany him to another bar, encouraging her to continue drinking until she became intoxicated. Earlier in the night, Ms. Rapuano sent Kelley a text message explicitly stating that she wanted to have fun but \u201cnothing else.\u201d Once she became inebriated, however, Kelley chose to ignore her message that sexual contact was unwelcome. Kelley sexually assaulted Ms. Rapuano in the early hours of March 28, 2015, by having vaginal intercourse and other sexual contact with her when he knew she was too incapacitated to consent. In the morning, Kelley told Ms. Rapuano that they had \u201chad sex\u201d two times, and that Ms. Rapuano had \u201cfreaked out\u201d at some point during the sexual interaction. Ms. Rapuano has no memory of engaging in sexual intercourse, nor does she recall leaving the bar or how they returned to the hotel. Based on her physical state the following day, she has wondered whether Kelley drugged her. For his part, Kelley acknowledged on different occasions that he was well aware of Ms. Rapuano\u2019s level of intoxication and knew that she had no recollection of that night. After sexually assaulting Ms. Rapuano in March 2015, Kelley began to pursue an inappropriate sexual relationship with her, using his position of power to exert control over her personal and professional life and threatening retribution when she rejected or did not sufficiently respond to his advances. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 20 of 85 21 On numerous occasions, Kelley summoned Ms. Rapuano to his office under the guise of academic advising and then aggressively initiated sexual activity with her. Between March 2015 and July 2017, Kelley regularly sent Ms. Rapuano sexually graphic text messages. For example, Kelley sent her photographs of penises\u2014including his own\u2014 and asked Ms. Rapuano to \u201ccompare them.\u201d Kelley also sent Ms. Rapuano pictures of sex toys, asked her what she was wearing, demanded that she send him sexually graphic photographs of herself, and urged her to talk about his sexual fantasies. During the 2015-2016 school year, Ms. Rapuano expressed her discomfort with Kelley\u2019s sexual advances and attempted to reestablish a professional working relationship with him. Kelley ignored each such attempt and continued to pressure her into sexual contact. For example, Ms. Rapuano attempted to end their sexual relationship after learning that Heatherton had heard \u201crumors\u201d that Ms. Rapuano and Kelley were sexually involved. In response, Kelley told Ms. Rapuano he was \u201cgoing to keep putting [his] tongue in [her] whenever [he] want[s].\u201d Ms. Rapuano observed a direct correlation between Kelley\u2019s willingness to support her as his graduate student and the degree to which she complied with his sexual demands. She pointed this out to Kelley on numerous occasions, telling him that he was crippling her academic advancement by pursuing a sexual relationship with her and was not providing her with the academic support she needed as his graduate student. Kelley reacted to each such attempt with anger and hostility, cementing Ms. Rapuano\u2019s fears of retaliation. When Ms. Rapuano rejected Kelley\u2019s sexual advances or was not sufficiently responsive to his lewd and suggestive text messages, he would deprive her of academic guidance and refuse to schedule meetings to discuss her research. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 21 of 85 22 In November 2015, Kelley attempted to undermine Ms. Rapuano\u2019s academic career by offering a data set she had been working on to other members of the lab. To escape Kelley\u2019s harassment\u2014at least for a short time\u2014Ms. Rapuano applied to and was ultimately awarded a prestigious fellowship that allowed her to work abroad for part of the 2016-2017 academic year beginning in July 2016. When Kelley learned of Ms. Rapuano\u2019s fellowship, his retaliation and attempts to sabotage her career escalated as punishment for her decision to leave Dartmouth. In April 2016, a paper Ms. Rapuano co-authored with the professor with whom she would be working with abroad was published in a well-respected journal. Rather than commending the accomplishment, Kelley reacted violently, berating Ms. Rapuano for failing to inform him she was working on a paper with a different professor and accusing her of acting \u201cunprofessionally.\u201d Kelley then threatened not to sign her annual progress report for her graduate fellowship. On May 2, 2016, Ms. Rapuano objected to Kelley\u2019s reaction, which she interpreted as stemming from feelings of jealousy and possessiveness. Ms. Rapuano told Kelley \u201callowing profession[al] and personal lines to blur together\u201d was negatively impacting her career, writing feel that you have been incredibly disrespectful and abrasive these past few days and as much as try to distance myself from that, and re-establish professionalism, you seem to push back even harder in unprofessional ways. As my advisor hope you can understand how toxic that hostile environment can be and how unproductive it is for getting work done cannot handle the amount of emotional manipulation that you\u2019ve incited, and would feel forced to seek out possible solutions elsewhere if this continues to be a problem.\u201d In the months before Ms. Rapuano\u2019s departure, Kelley became increasingly hostile towards her. He texted Ms. Rapuano almost daily with unfounded criticisms and placed pressures on her that were obviously motivated by his personal feelings. On different occasions, Kelley told Ms. Rapuano that he was \u201cletting her go\u201d but he was \u201cnot happy\u201d about it. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 22 of 85 23 Prior to her departure, Ms. Rapuano proposed a collaboration on a project with Kelley and a post-doctoral fellow working in Heatherton and Kelley\u2019s joint lab. Kelley initially agreed to and supported the collaboration. However, when Ms. Rapuano attempted to execute the collaboration in July 2016, Kelley flatly refused and told Ms. Rapuano will not be working with you on this project or any other project going forward.\u201d Kelley then demanded that Ms. Rapuano destroy the data she had brought abroad with her to work on during her fellowship. In July 2016, Kelley explicitly asked Ms. Rapuano if she was interested in a sexual relationship with him. She answered that she was not. Nonetheless, on July 21, 2016, Kelley confirmed that he was unwilling to separate his personal feelings for her from his professional obligations as her advisor. In an email to Ms. Rapuano, Kelley wrote: \u201cProfessionally. I\u2019m sad. And jealous. Maybe because of how feel personally. Probably so feel like I\u2019m #1 personally, but #10 professionally, somewhere behind other European names can\u2019t pronounce that have amazing tools my lab should use need to feel #1 professionally to be a good advisor need to be first in your eyes as an academic so that can feel comfortable about sharing you . . . Maybe that\u2019s not a fair ask, but need it don\u2019t know how to separate the personal from the professional don\u2019t know that it makes sense to do so.\u201d In response, Ms. Rapuano told Kelley that she was \u201cterrified\u201d that her academic success had become contingent on personal relations with him. Kelley\u2019s inappropriate and retaliatory behavior grew so extreme that Ms. Rapuano contacted Heatherton to voice her concerns. Ms. Rapuano told Heatherton that Kelley\u2019s behavior had put her in \u201ca very difficult situation\u201d that left her feeling \u201cstuck,\u201d and she feared Kelley would refuse to allow her back into the lab upon completion of her fellowship. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 23 of 85 24 Heatherton later told Ms. Rapuano that he spoke with Kelley and acknowledged the obvious tension in the lab. Upon information and belief, Heatherton failed to take meaningful steps to remedy Kelley\u2019s behavior, despite expressly acknowledging that a problem existed. In August 2016, Ms. Rapuano briefly returned to the United States for a conference. While at Dartmouth, she encountered Kelley and his girlfriend at a departmental barbecue. Ms. Rapuano tried to keep her distance and avoided interacting with him. This visibly enraged Kelley. Kelley abruptly cancelled several professional advisor meetings he had scheduled with Ms. Rapuano in retaliation for her failure to personally engage with him at the barbecue. Kelley also sent Ms. Rapuano several threatening and offensive emails that he characterized as \u201cprofessional advice.\u201d His \u201cprofessional advice\u201d included verbally berating Ms. Rapuano for not engaging with him at the barbeque and accusing her of being \u201cunprofessional,\u201d \u201cchildish,\u201d and \u201cplaying dumb.\u201d When Ms. Rapuano attempted to speak with Kelley about his outburst, he refused to meet with her. After this encounter, Ms. Rapuano again attempted to establish a professional relationship with Kelley and highlight his inappropriate behavior, writing to him: \u201cThe very fact that you are upset about a personal interaction is by definition unprofessional. The fact that you are willing to sacrifice professional meetings because of your personal feelings is unprofessional. The fact that am terrified of you right now and do not know how to interact with you in front of people, let alone your girlfriend and daughter, is unprofessional.\u201d Later that day, Ms. Rapuano met with Kelley and implored him to separate his personal feelings from the professional aspects of their relationship. Kelley refused to engage in a conversation on this topic or respond to Ms. Rapuano\u2019s concerns in any meaningful way. In January 2017, Ms. Rapuano returned to Dartmouth and began to more forcefully reject Kelley\u2019s advances and express her discomfort with his conduct. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 24 of 85 25 During her first meeting with Kelley, Ms. Rapuano was driven to tears by his demanding, cold, and angry demeanor. When Kelley observed Ms. Rapuano crying, he told her that she \u201cjust had to be nice to him.\u201d Ms. Rapuano interpreted his statement as indicating that her professional success was once again contingent on her willingness to fulfill Kelley\u2019s sexual demands. On January 13, 2017, Ms. Rapuano contacted Provost Dever to report that she was experiencing sexual harassment at Dartmouth and had realized this was a pervasive issue. Upon information and belief, Provost Dever failed to launch any investigation of her own and took no steps to protect Ms. Rapuano from sexual harassment, which continued unabated. Between February 2017 and March 2017, Kelley continued to send Ms. Rapuano demeaning and sexually explicit text messages. On many occasions, Ms. Rapuano told Kelley to stop sending her sexual messages and told him that she did not feel right responding to his sexual questions. But Kelley persisted. When Ms. Rapuano rejected his advances, Kelley became increasingly hostile and difficult to work with. He cancelled meetings and refused to review Ms. Rapuano\u2019s work or provide her with academic support. On one occasion, Kelley learned that the graduate students had planned a happy hour outing without consulting him. He accused the graduate students of being disloyal and rude and texted Ms. Rapuano, \u201cfuck you all . . . It\u2019s amazing how ignorant you can all be sometimes.\u201d In March 2017, Kelley and a group of graduate students, including Ms. Rapuano, attended the Social & Affective Neuroscience Society (\u201cSANS\u201d) Conference in Los Angeles, California. Kelley witnessed Ms. Rapuano speaking with her ex-boyfriend and flew into a jealous Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 25 of 85 26 rage. He accused Ms. Rapuano of exhibiting \u201ccomplete disrespect\u201d for him at the Conference and told her that he was losing interest in seeing or communicating with her. Soon after, Ms. Rapuano again explicitly told Kelley that she had no interest in a sexual relationship with him. She further informed him that he had taken advantage of her at the March 2015 Conference by initiating sexual intercourse with her when she was too intoxicated to consent and after she had specifically told him she was not interested. She explained that she felt her professional success depended on her reaction to his sexual advances, writing felt like if stopped . . . the professional attention would stop felt like had opened a door that could not be closed[.]\u201d In response, Kelley told Ms. Rapuano that her explanation was \u201cincredibly offensive.\u201d Kelley then attempted to revoke his agreement that Ms. Rapuano complete her Ph.D. in a sixth year at Dartmouth and attempted to coerce her into leaving early, suggesting that she abandon her plans and adhere to a shorter timeline so that she could get her degree as soon as possible and leave the school. Kelley told Ms. Rapuano that his professional advice would be to \u201cchange her situation.\u201d He made clear that his opinion was directly related to her disinterest in a sexual relationship with him, writing: \u201cYou just wrote an essay about how completely fucked you over and you don't want to be here and do science . . . You're not getting anything done here and are really bitter. Let's try to move you to a better place.\u201d Kelley continued to pressure Ms. Rapuano to leave Dartmouth and told her that he would be happier when she was gone. Kelley\u2019s sexual involvement with students was well-known to administrators, faculty, and students at Dartmouth, especially within the Department. When Ms. Rapuano Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 26 of 85 27 confronted Kelley about these past relationships with students, he acknowledged guess have a reputation.\u201d In late March or early April of 2017, Ms. Rapuano learned that other female students in the Department had experienced unwelcome sexual conduct from several professors. After hearing these stories\u2014which were like her own\u2014Ms. Rapuano realized there was a pattern of sexual misconduct within the Department. Ms. Rapuano was one of the students who reported sexual misconduct by the three professors to Chair Bucci, Director Wheatley, and the Title office on April 4 and April 7, 2017. Because Dartmouth failed to act for months after that report, Ms. Rapuano was subjected to continued sexual harassment as she continued to work in Kelley\u2019s lab. Between April 2017 and July 2017, Kelley continued to send Ms. Rapuano sexually suggestive text messages. When Ms. Rapuano ignored his advances, Kelley targeted her for ridicule and criticism and became increasingly unavailable for meetings or academic-related discussions. On April 26, 2017, Kelley refused to meet with Ms. Rapuano regarding her dissertation proposal, telling her that there was \u201cno need\u201d to meet because he was just going to tell the Department that she \u201cdidn\u2019t do it yet\u201d\u2014which would have resulted in Ms. Rapuano being placed on academic probation. Kelley then began to avoid Ms. Rapuano and refused to schedule meetings with her. After weeks of denying Ms. Rapuano academic guidance and subjecting her to unwarranted criticism and ridicule, Kelley contacted her on May 8, 2017, to ask that she come to happy hour because he wanted to see her \u201csmiling face.\u201d When Ms. Rapuano refused to meet him, Kelley returned to ignoring her academically. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 27 of 85 28 During a retreat on June 12, 2017, Kelley refused to provide necessary feedback on Ms. Rapuano\u2019s academic presentation. After the retreat, however, Kelley summoned her to his office. Ms. Rapuano, fearing retaliation and faced with Dartmouth\u2019s inaction to date, reluctantly went. When she arrived, Kelley initiated unwelcome sexual activity with her. On May 31, 2017, Ms. Rapuano initiated plans to switch to a different professor\u2019s lab. Dartmouth did not transfer her to a new lab until July 28, 2017. Prior to Ms. Rapuano\u2019s self- initiated request, Dartmouth offered her no academic accommodations and instead left her under the supervision of the man who assaulted and harassed her. After Ms. Rapuano reported sexual misconduct to Dartmouth in April 2017, she sought mental health treatment at the College\u2019s student health clinic. When she explained that she wanted to discuss the trauma and emotional distress resulting from Kelley\u2019s conduct and the Title investigation, she was turned away. Dartmouth advised her to seek mental health treatment elsewhere, even though Dartmouth\u2019s health insurance would not cover these expenses. Ms. Rapuano turned down multiple offers from other graduate programs to attend Dartmouth, which she viewed as the dominant player in the social neuroscience field to which she hoped to contribute as a leader and scholar. Her ambitions were quickly crushed. Kelley initially ignored her and made her feel incompetent. Only when she gave in to Kelley\u2019s pressure to join his drinking club did this begin to change. As Kelley\u2019s personal interest in her increased, he rewarded her academically, causing her to doubt whether the increased opportunities were solely related to his sexual interest in her. Indeed, Ms. Rapuano expressed concerns about the poster Kelley slated her to present at the California conference where he sexually assaulted her. As Kelley\u2019s harassment escalated, Ms. Rapuano\u2019s mental health deteriorated, and she experienced extreme depression\u2014requiring her to take psychotropic medication for the first Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 28 of 85 29 time in her adult life\u2014in addition to having Post Traumatic Stress Disorder, suicidal thoughts, a suicide attempt, and physical symptoms such as nausea, insomnia, weight loss, nightmares, and lack of focus and motivational issues. Combined, these effects have dramatically impacted Ms. Rapuano\u2019s life and career in nearly every way possible. B. Vassiki Chauhan\u2019s Factual Allegations Ms. Chauhan is a fourth-year graduate student in the Department who worked as Whalen\u2019s teaching assistant. She enrolled in Dartmouth\u2019s graduate program in 2015 after completing her master\u2019s degree on a prestigious merit-based scholarship. Ms. Chauhan has a strong academic and research record throughout her graduate studies, including poster presentations at conferences and authoring a peer reviewed paper. On April 4, 2017 and April 7, 2017, several Plaintiffs and other graduate students reported Heatherton, Kelley, and Whalen for sexual misconduct. Dartmouth took no action for months. Whalen sexually assaulted Ms. Chauhan on April 24-25, 2017, weeks after the initial complaints were made. On April 24, 2017, Whalen pressured Ms. Chauhan into drinking with him, repeatedly ordering and paying for her drinks. Whalen then suggested that she accompany him back to his home for another drink. When Whalen attempted to initiate sexual contact, Ms. Chauhan forcefully rejected his advances and told him not to touch her. Ms. Chauhan tried to leave his house several times by going downstairs. Each time, Whalen followed her downstairs and prevented her from leaving. Whalen then forced her to engage in nonconsensual intercourse with him. When Ms. Chauhan told him to at least use protection, Whalen laughed and told her, \u201cthat is one thing am not going to do.\u201d Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 29 of 85 30 The next day, Whalen pressured Ms. Chauhan into meeting him and asked her whether she thought their encounter was consensual, demanding that she keep it private and tell no one. Following her sexual assault, Ms. Chauhan was in physical pain. As a result, she visited Dartmouth\u2019s medical facility and sought medical attention. After examining Ms. Chauhan, the medical practitioner asked if the sexual encounter had been forced. Whalen suggested that Ms. Chauhan was merely being \u201cparanoid\u201d for seeking medical treatment. In the weeks following the assault, Whalen continued to persistently text Ms. Chauhan late at night to ask her to meet him at a bar, on one occasion suggesting that they should meet for a drink to \u201ccelebrate\u201d when her medical test results came back. Ms. Chauhan suffered sexual harassment and a hostile environment at the hands of Kelley and Whalen from the beginning of her time at Dartmouth. Ms. Chauhan first became acquainted with Kelley when she was run over by his car while she was walking on a street near campus. Kelley\u2019s car hit her with enough force to knock her down and send her belongings flying across the street. Ms. Chauhan later learned that Kelley and his girlfriend, who was allegedly driving at the time, had been drinking earlier that day. Ms. Chauhan met Kelley for the very first time that day, when he stopped to apologize for hitting her with his car few months later, Kelley overheard Ms. Chauhan discussing potential Halloween costumes and suggested that she dress as \u201croadkill.\u201d He continued to call Ms. Chauhan by the nickname \u201croadkill\u201d for the next two years. Whalen initiated inappropriate sexual conversations with Ms. Chauhan, such as inquiring about her sexual history and the status of her relationship. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 30 of 85 31 Ms. Chauhan was also present for multiple conversations in which Kelley openly discussed his plans to break up Ms. Rapuano and her boyfriend and advised other female graduate students to break up with their boyfriends. Kelley regularly accessed students\u2019 cell phones without permission to send out inappropriate messages to others. For example, Kelley once accessed Ms. Chauhan\u2019s Facebook page and changed her status to am going to streak across the green on my birthday at midnight; be there or be square.\u201d This message was transmitted to Ms. Chauhan\u2019s friends and family. Kelley did this without Ms. Chauhan\u2019s knowledge or permission. Like the other Plaintiffs, Ms. Chauhan felt pressured to drink, socialize, and endure inappropriate behavior by the Department\u2019s faculty members because this was the sole route to building and maintaining necessary relationships with her faculty advisors. Ms. Chauhan observed that Kelley and Whalen always seemed to be trying to get their graduate students drunk. The first time Whalen witnessed Ms. Chauhan purchasing a drink at a bar, he came up to her and exclaimed can\u2019t believe you\u2019re this much fun thought you were just a shy person.\u201d Ms. Chauhan contacted two Title Coordinators multiple times and requested to deliver a victim impact statement during Whalen\u2019s disciplinary hearing. Dartmouth scheduled Whalen\u2019s hearing to take place on a day when it knew Ms. Chauhan was unavailable to attend and then unilaterally terminated the process, thus depriving Ms. Chauhan of the opportunity to confront Whalen. Ms. Chauhan attended the October 2018 meeting between Chair Bucci, Director Wheatley, the Title Coordinator, and the Department\u2019s graduate students. When Ms. Chauhan criticized Chair Bucci for his statements, he responded by telling her that her anger at Dartmouth Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 31 of 85 32 was misplaced and she should, instead, be angry at the professors who hurt her. This all but confirmed Ms. Chauhan as a victim in front of the Department\u2019s entire graduate student population. Ms. Chauhan came to Dartmouth as an international student from a culture that valued modesty and religion. Having studied at excellent institutions throughout the world, Ms. Chauhan chose Dartmouth because she thought it would provide her with a solid foundation as a researcher and scientist. After she was sexually assaulted on April 25, 2017, Ms. Chauhan sought professional counseling services at Dartmouth\u2019s health center. During that session, Ms. Chauhan detailed her most private thoughts and feelings about the assault. Shortly thereafter, Investigator Davis demanded that Ms. Chauhan provide her counseling records to her and assured her that they would be treated as \u201cconfidential.\u201d Ms. Chauhan was appalled to learn, in the Title report, that Investigator Davis showed her private counseling records to the perpetrator and his attorneys to seek their \u201cresponse.\u201d Ms. Chauhan feels so betrayed by that action that she cannot trust therapists enough to seek the treatment she knows she needs. Combined, the assault, harassment and betrayal of her most private confidences have left Ms. Chauhan severely depressed, anxious and with difficulty focusing and motivating herself to complete her work. Her academic achievements and productivity have suffered greatly due to her experiences at Dartmouth and her participation in the Title investigation. These experiences have had lasting effects on Ms. Chauhan\u2019s mental health and emotional state. She is plagued with doubts about her future prospects in academia and has lost her optimism for her well-being in personal relationships. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 32 of 85 33 C. Sasha Brietzke\u2019s Factual Allegations Ms. Brietzke is a current graduate student who began working in Kelley\u2019s lab in the fall of 2016. She is a promising researcher who has received positive evaluations from her advisor and presented at professional academic conferences. Heatherton sexually harassed and inappropriately touched Ms. Brietzke on two separate occasions in March 2017 while attending the Conference with a group of the Department\u2019s students and professors. Heatherton joined Ms. Brietzke and several other conference attendees at the Abbey Nightclub, where he stood extremely close to Ms. Brietzke and placed his hand on her lower back in a way that made her uncomfortable. The next night, Ms. Brietzke attended a karaoke event after the conference. Heatherton spotted Ms. Brietzke and continuously called for her to join him. Heatherton grabbed Ms. Brietzke and groped her buttocks. He then grabbed her waist and pulled her into his lap and asked her what she was \u201cgoing to be doing later that night.\u201d Shocked and terrified, Ms. Brietzke jumped from his lap and left the venue. Kelley and Whalen created a highly sexualized and hostile environment that prevented Ms. Brietzke from availing herself of the benefits of her educational and professional pursuits at Dartmouth. Kelley, Whalen, and Heatherton all prided themselves on having young and attractive females in their labs. During a lab meeting, Heatherton announced that he found it socially rewarding when women smiled at him. Kelley frequently discussed how Ms. Brietzke and the other female students in his lab were \u201chot,\u201d often bragging that he had \u201cthe hottest lab.\u201d On one occasion, Kelley commented that his lab assistants were \u201chotter\u201d than Whalen\u2019s. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 33 of 85 34 Ms. Brietzke felt objectified and treated as a \u201cdoll\u201d by Kelley. Kelley often made inappropriate and objectifying comments about Ms. Brietzke\u2019s physical appearance, such as regularly commenting on the size of her breasts, complimenting her make-up, and inquiring about her relationship status. Kelley also urged Ms. Brietzke to date his male friends, whom he instructed to flirt with Ms. Brietzke and give her hugs even after she expressed disinterest. When Ms. Brietzke did not respond with enthusiasm to his comments, Kelley became inattentive towards her and her work. While playing a game called \u201cHeads Up!\u201d (a variation of Charades in which the players act out words and phrases for adult content) with Ms. Rapuano, Ms. Brietzke, and Ms. Chauhan, Kelley referred to a push-up bra by yelling, \u201c[Ms. Rapuano] would wear this but [Ms. Brietzke] wouldn\u2019t.\u201d Kelley also referred to chaps by stating, \u201cAssless! You wear these, assless ones.\u201d Kelley also made sexual and demeaning comments about other women in Ms. Brietzke\u2019s presence. For example, Kelley described another woman in the Department as \u201ca bitch\u201d and regularly told Ms. Brietzke that he found Ms. Courtney physically attractive. Ms. Brietzke was present for conversations in which Kelley asked Ms. Courtney about her sex life and the size of her partner\u2019s penis. On one occasion, Kelley urged Ms. Brietzke to participate in an \u201cintervention\u201d he staged to encourage another female graduate student to break up with her boyfriend. Ms. Brietzke, like other women in the Department, felt that she had to drink and socialize with Kelley and Whalen to receive academic attention. Indeed, Kelley once told Ms. Brietzke that another female graduate student was \u201ca bitch\u201d because she had not come drinking with him that night. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 34 of 85 35 Kelley pressured Ms. Brietzke, Ms. Rapuano, and Ms. Courtney to meet him at bars during non-working hours on a moment\u2019s notice, often texting them nonstop until they agreed to meet with him socially. Whalen regularly bought Ms. Brietzke drinks at bars without asking her and without regard for Ms. Brietzke\u2019s discomfort with accepting alcoholic beverages purchased for her by a faculty member. He also purchased extravagant meals costing hundreds of dollars for Ms. Brietzke and other female students. On April 4, 2017, and April 7, 2017, Ms. Rapuano, Ms. Courtney, and several other graduate students complained of sexual harassment, sexual assault, inappropriate conduct, and retaliation by Kelley, Whalen, and Heatherton to Chair Bucci, Director Wheatley, and Dartmouth\u2019s Title office. Dartmouth took no action for months. As a result, the sexual harassment and hostile environment perpetuated by Kelley, Whalen, and Heatherton continued unabated. After the April 2017 Title complaints, Whalen remarked that Ms. Brietzke \u201cdidn\u2019t like him\u201d and invited her to watch a movie in his home. When Ms. Brietzke declined, Whalen asked what he had to do to make her like him. Another female student involved in the Title reporting sought another advisor and did not attend a lab meeting with Kelley. When he asked where this student was, Ms. Brietzke feigned ignorance and stated that she might be out of town or out of the country. Later that day, Kelley saw Ms. Brietzke and the other female student walking in town. Kelley removed Ms. Brietzke from a large project she was working on and refused to attend meetings with her. In an email to everyone working in his lab, Kelley wrote that the other female graduate student was considering other lab options and noted that \u201ccrafting cover-up stories to suggest that she is out of Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 35 of 85 36 the country is unnecessary \u2026 indeed \u2026 it\u2019s kind of dumb given the size of Hanover and how often we all see each other in town.\u201d Ms. Brietzke attended the meeting between Chair Bucci, Director Wheatley, the Title Coordinator, and all graduate students in the Department that was called days after Dartmouth received the September 12, 2018, letter from Plaintiffs\u2019 counsel detailing Plaintiffs\u2019 claims and the basis for Dartmouth\u2019s liability under Title and other statutes. After this attempt to disparage the victims and discourage them from pursuing legal action, Ms. Brietzke felt as though she was no longer safe nor welcome at Dartmouth. Ms. Brietzke came to Dartmouth to gain experience and learn new research methods in the Department, which was known for its prestigious and rigorous graduate program. Instead, she was discouraged from contacting professors to learn new research methods and found that the Department\u2019s professors had no interest in teaching her. The sexually hostile atmosphere and pressure to engage with the professors socially was apparent from Ms. Brietzke\u2019s very first day in the Department, and over the course of her first year at Dartmouth, she came to feel that women in the Department, including herself, were objectified and expected to compromise themselves to succeed. These behaviors escalated when Heatherton sexually harassed and groped Ms. Brietzke at a conference. Combined, the toxic sexual environment, harassment, and abuse she experienced took a toll on Ms. Brietzke. Ms. Brietzke became depressed, socially withdrawn, and anxious. Ms. Brietzke felt unsafe working in the lab with Heatherton, whom she was forced to see on a regular basis. As a result, her academic work suffered. Ms. Brietzke began to withdraw from friends and isolate herself. She began regularly seeing a therapist for the first time because of her experiences. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 36 of 85 37 The harassment she experienced impacted every facet of her life\u2014from her personal relationships to her academic success. D. Annemarie Brown\u2019s Factual Allegations Ms. Brown worked as a graduate student in Whalen\u2019s lab from 2010 to 2015, and successfully defended her Ph.D. in January 2016. She was hired by Dartmouth as an adjunct professor in September 2017. During her first year working as Whalen\u2019s graduate student, Whalen trumpeted the claim that Dartmouth protects its male professors by discrediting women who dare to bring sexual harassment claims against them. Whalen announced to his students that a woman in the Department had previously complained about sexual harassment and that it had \u201cbackfired,\u201d causing the complainant to \u201close resources\u201d and lose steam in her career. Whalen warned his female graduate students that the complainant \u201cgot what was coming to her, of course; you don\u2019t bite the hand that feeds you.\u201d Ms. Brown observed that Whalen, Heatherton, and Kelley all rewarded young, attractive women who went to social gatherings and drank heavily with their advisors with additional academic attention and advancement opportunities. This \u201csocializing\u201d was often prioritized over students\u2019 academic pursuits. For example, Whalen\u2019s students, including Ms. Brown, traveled to London to attend an International Society for Affective Disorders conference. Unbeknownst to the student participants, Whalen arranged a \u201cdrinking tour\u201d with himself and his students that lasted the duration of the conference. Indeed, Ms. Brown and her female classmates visited the conference only briefly to pick up their name tags. Whalen openly rewarded graduate students who drank and socialized with him over those who declined to do so. He pressured Ms. Brown and his other students to attend what he Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 37 of 85 38 called \u201cmandatory fun\u201d events, such as pajama parties and \u201cboozy lunches\u201d in the middle of the workday. When Ms. Brown refused to attend these events, Whalen called her a \u201cgoody two shoes\u201d and a \u201c7-year-old girl.\u201d He then began ignoring Ms. Brown academically and subjecting her to undue criticism. Whalen and Kelley cultivated a hostile environment in which professional boundaries were virtually nonexistent. For example, after learning that Ms. Brown had just interviewed for a position at Harvard, Whalen, and Kelley pressured her to take a picture with their arms around her and texted it to her potential Harvard supervisor with the caption \u201cwish you were here.\u201d Days later, Harvard rejected Ms. Brown. Whalen once instructed his graduate students to design a series of experiments related to alcohol consumption. Women were required to take pregnancy tests prior to participating in these experiments. Whalen walked down the hall singing, \u201cWho wants a pregnancy test!?\u201d Whalen sexually harassed and inappropriately touched Ms. Brown on numerous occasions throughout her tenure in his lab. Shortly after Ms. Brown joined the lab, Whalen laid down on the floor and demanded that she \u201cwalk on his back,\u201d an activity he said his previous female graduate students did for him \u201call the time.\u201d When Ms. Brown was leaving a Super Bowl party at Whalen\u2019s house, he squeezed her buttocks and winked at her while hugging her goodbye. His wife was standing right beside them. When Ms. Brown failed to respond to Whalen\u2019s sexual advances, he retaliated by subjecting her to unwarranted criticism and cancelling academic meetings. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 38 of 85 39 As a result, Ms. Brown became fearful that she would be expelled from the program. She eventually voiced these concerns to Whalen. Whalen reminded her of his near total control of her, telling her, \u201cI\u2019ll never let you go.\u201d Whalen then delayed Ms. Brown\u2019s academic progress by rescheduling her first qualifying exam. The weekend before her exam was scheduled, Whalen organized a trip to his Vermont property. After drinking the entire weekend, Whalen ignored Ms. Brown\u2019s attempts to contact him for the first two days of the week-long exam schedule before finally telling her that he needed to delay her exam because he was recovering from the weekend. Whalen also escalated his inappropriate sexual comments to Ms. Brown. For example, he regularly commented on Ms. Brown\u2019s physical appearance, telling her that she was an \u201c8.5 out of 10\u201d and warning her to \u201cact accordingly\u201d and \u201cwatch out\u201d because she \u201cshould know she is pretty.\u201d At another time, Whalen, while openly staring at Ms. Brown\u2019s chest, advised her that it was important that she put a lot of sunscreen on her chest area. Ms. Brown felt that her success at Dartmouth required Whalen\u2019s \u201cprotection,\u201d which he would only provide if she succumbed to his flirtations and sexual advances. While in a taxi at a professional conference, Whalen publicly shouted to Ms. Brown that she should \u201cjust screw\u201d the lab mate he assumed she had feelings for. Whalen made this comment in the presence of many of Ms. Brown\u2019s fellow graduate students as well as professional colleagues in the same academic field with the potential to help Ms. Brown secure future employment. Another time, Whalen instructed Ms. Brown to retrieve something from his desk in the lab on Dartmouth premises in a drawer he knew contained Playboy magazines. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 39 of 85 40 Ms. Brown was also present for several instances in which Whalen behaved in a sexually suggestive and inappropriate manner toward other women. For example, while at a lunch, Whalen remarked that he could see a waitress\u2019s panty lines and told Ms. Brown that it was \u201cnever good to see panty lines.\u201d Whalen also regularly gave Ms. Brown and other female graduate students \u201cbear hugs\u201d while inebriated. Kelley contributed to this hostile environment by spreading false rumors that Ms. Brown and Whalen were in a sexual relationship. While with Ms. Brown and other female graduate students, Kelley frequently discussed the \u201cPapi scale,\u201d rating women according to whether he would want to \u201cbang\u201d them. Whalen then rescheduled Ms. Brown\u2019s second qualifying exam for nearly a full year. This extreme delay forced Ms. Brown to go on academic probation, which Whalen told her was a \u201ccharacter building exercise.\u201d When Ms. Brown was finally scheduled to take this exam nearly a year later, Whalen again rescheduled it, further delaying her academic progress. Ms. Brown immediately contacted now-Chair David Bucci to request a secondary advisor after learning her qualifying exam had been further rescheduled. Chair Bucci told Ms. Brown that a secondary advisor was not an option. Even though Ms. Brown explicitly asked Bucci to keep her request confidential and refrain from telling Whalen, Bucci informed Whalen that Ms. Brown had requested a secondary advisor. Thereafter, Whalen retaliated against Ms. Brown for rejecting his sexual advances and seeking a secondary advisor. He promptly removed Ms. Brown from Dartmouth\u2019s centralized funding and placed her on his individual grant, which allowed him to exercise complete control over her work. Over time, Whalen increasingly denied Ms. Brown access to resources vital to her work and academic success at Dartmouth. During this time, Whalen also abruptly cancelled Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 40 of 85 41 meetings with Ms. Brown. After one such cancelled meeting, Whalen told her, \u201cI\u2019m sorry, but had to get laid. You understand, don\u2019t you?\u201d Finally, Whalen then rescheduled Ms. Brown\u2019s dissertation defense on two separate occasions, delaying her academic progress by months more. Ms. Brown was hired as an adjunct professor in September 2017. When she was hired, Bucci told her that Dartmouth would continue to employ her as an adjunct if everything went well. In approximately October 2017, Ms. Brown contacted the Title investigator to provide information regarding Whalen\u2019s sexual misconduct against her and other students. In April 2018, Dartmouth released the teaching schedule for the following year. Despite receiving outstanding student evaluations, Ms. Brown was scheduled to teach no courses. On April 9, 2018, Ms. Brown contacted Chair Bucci and requested a meeting to discuss her teaching schedule for the following semester. Chair Bucci told Ms. Brown that he had nothing to say and refused to meet with her, claiming that they could not discuss her employment until the investigation had concluded. Chair Bucci did, however, give teaching assignments to a male adjunct with similar credentials to Ms. Brown\u2019s. Both Ms. Brown and this individual were graduate students working in the Department and were subsequently hired as adjunct professors during approximately the same period. The only difference between Ms. Brown and the male teacher, aside from gender, is that the male did not participate in the Title investigation. Dartmouth also denied Ms. Brown access to free counseling resources provided to her as an employee benefit. In December 2017, Ms. Brown contacted Dartmouth\u2019s employee assistance program and scheduled an introductory session (during which she was to provide an overview of the issues she wished to discuss) and a follow-up appointment for the following week. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 41 of 85 42 During Ms. Brown\u2019s introductory session, she explained that she wanted to discuss the Title investigation and its impact on her. The Dartmouth counselor cancelled Ms. Brown\u2019s follow-up appointment just days in advance and did not respond to Ms. Brown\u2019s efforts to reschedule. When Ms. Brown received a copy of the final investigative report from Dartmouth, she was shocked to learn, for the very first time, that she was listed as a \u201cReporting Party\u201d to the complaint against Whalen. Neither Dartmouth nor Investigator Davis asked Ms. Brown for permission to list her as a Reporting Party or informed her that they intended to do so. Ms. Brown was unaware that Whalen would have the opportunity to review and dispute her specific report. Ms. Brown suffered from a panic attack when she unexpectedly received the report listing her as a Reporting Party along with Whalen\u2019s rebuttal to her story. After a promising undergraduate career, Ms. Brown was pursued by prestigious schools such as Harvard. She ultimately chose Dartmouth because of its reputation and well- respected professors in her desired field of science. Ms. Brown came to Dartmouth full of potential, work ethic, and energy, but left Dartmouth demoralized with a shattered academic record and diagnosed with anxiety, Post Traumatic Stress Disorder, and stress-induced onset of autoimmune disease. Ms. Brown matriculated at Dartmouth with the expectation that her work would be examined and scrutinized by a team of well-known researchers whom she looked forward to engaging with at each step. Instead, she was thrust into an environment in which these esteemed researchers were prone to flagrant sexual misconduct and cared little about her research or helping her improve her work. This environment quickly took its toll on Ms. Brown, who came from a sheltered background and was just 21 years old when she came to Dartmouth. Ms. Brown became and remains socially withdrawn, hopeless about her future, and severely disadvantaged in a competitive field. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 42 of 85 43 E. Andrea Courtney\u2019s Factual Allegations Ms. Courtney enrolled at Dartmouth in 2012 and worked in Kelley\u2019s lab as a doctoral student. While at Dartmouth, Ms. Courtney won multiple awards and travel grants. She authored and published numerous papers and gave poster presentations and talks at academic conferences. Kelley regularly initiated inappropriate and sexual conversations with Ms. Courtney concerning the sex lives and physical appearances of Ms. Courtney and other female graduate students in the Department. For example, Kelley questioned Ms. Courtney about her sex life with her partner, asking whether the sex \u201cwas good\u201d and inquiring about the size of her partner\u2019s penis. Kelley also openly discussed the number of Ms. Courtney\u2019s sexual partners and demanded to know whether Ms. Courtney would have sex with male graduate students. When she started at Dartmouth, Kelley took bets on how long Ms. Courtney\u2019s and Ms. Rapuano\u2019s long distance relationships with their boyfriends would last. On one occasion, Kelley demanded that Ms. Courtney refrain from talking to men in bars because they \u201cdidn\u2019t know that [Ms. Courtney was] the prettiest girl in here and [they don\u2019t] have a shot.\u201d Kelley regularly discussed the physical attributes of female graduate students and women. For example, Kelley openly remarked on various female graduate students\u2019 breast sizes and commented that Ms. Courtney \u201cwouldn\u2019t need a boob job.\u201d Kelley noted his preference for \u201cboobs that have a natural, ski jump shape.\u201d Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 43 of 85 44 Ms. Courtney and Ms. Rapuano worked together in Kelley\u2019s lab. Ms. Courtney observed that Kelley had a manipulative and controlling relationship with Ms. Rapuano, who often seemed distressed and upset in the lab. Ms. Courtney, by contrast, was utterly neglected academically and often completely ignored by Kelley in the lab. Kelley rarely expressed interest in Ms. Courtney\u2019s work and often refused to answer her emails, took long periods of time to review her manuscripts, and denied her academic opportunities. Whalen sexually harassed Ms. Courtney and repeatedly made unwelcome sexual advances towards her. Whalen once pulled Ms. Courtney away from a male lab mate, held her hand, and hugged her while saying, \u201cyou can\u2019t do this to me. It makes me jealous when you touch other guys like that.\u201d On another occasion, Whalen grabbed Ms. Courtney\u2019s face and told her, \u201cyou are the prettiest girl in the room; you are the prettiest girl in any room you are in.\u201d Another time, he followed her out of a bar, stating \u201cin another life\u2026\u201d before taking her hand and walking with her for a block. Whalen also told Ms. Courtney and other female graduate students that he loved them on multiple occasions. Whalen also inquired about Ms. Courtney\u2019s relationship and asked her if she was happy with her partner. Ms. Courtney observed that Whalen liked to surround himself with young and attractive women and selected his teaching assistants based on their physical appearance. Whalen directed extra attention to the female students in his lab whom he deemed the most physically attractive. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 44 of 85 45 Ms. Courtney found the Department to be a toxic environment from the moment she enrolled. Kelley and Whalen especially inhibited Ms. Courtney\u2019s progress by prioritizing drinking over acting as academic advisors, forcing her to dedicate most of her free time to socializing with these professors to receive academic advising. Kelley and Whalen regularly spoke about their alcohol-fueled exploits with other students, describing how those students got drunk, threw up, and made fools of themselves. On one occasion, Ms. Courtney became extremely ill after Kelley and Whalen led a drinking marathon that commenced at 3:00 p.m. on a week day. Whalen continuously bought Ms. Courtney and the other graduate students pitchers of sangria, refilling Ms. Courtney\u2019s glass without being asked. Ms. Courtney announced at one point that she needed to stop drinking. Ms. Courtney later learned that Whalen continued to refill her glass even after she expressed that she needed to stop. Ms. Courtney was brought back to the lab and fell asleep in one of the rooms. Ms. Courtney was later told that Whalen attempted to enter the room to \u201ctake care of her,\u201d but was thwarted by a male lab mate watching over her who angrily forced Whalen to leave. At a conference in San Diego, Whalen accompanied Ms. Courtney and two other female graduate students to a mall and attempted to help Ms. Courtney find a dress to wear at dinner, bringing various dresses to the dressing room for her to try on. Whalen, Kelley, and Heatherton regularly made demeaning and sexualized comments about Ms. Courtney or other women in her presence. For example, Kelley once remarked that all the graduate students were thin now and said that they \u201cdidn\u2019t have anyone who was fat.\u201d After interviewing graduate students to work in the lab, Heatherton remarked that one interviewee \u201cwas a jap (Jewish American Princess) and needed to eat a hamburger.\u201d Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 45 of 85 46 Kelley repeatedly told the story of a \u201cjoke\u201d he\u2019d played on Whalen in the past in which Kelley told a young female student working in Whalen\u2019s lab that Whalen had a \u201cbotched penis circumcision\u201d that left him with a \u201chalfie cap.\u201d Kelley bragged that he told Whalen about this joke immediately, remarking that it was \u201cbrilliant\u201d because Whalen was left with the option of either allowing his student to believe he had a \u201cbotched\u201d circumcision or correcting her himself\u2014which he did. Kelley also initiated sexualized conversations about male students in the Department in the presence of Ms. Courtney and other women. He publicly humiliated a religious male graduate student for being a virgin and asked Ms. Courtney and other graduate students to bet on \u201chow long [the male graduate student] would last\u201d on his wedding night. Kelley also remarked that another male working in his lab had \u201ca big penis.\u201d On April 4, 2017, and April 7, 2017, Ms. Courtney joined Ms. Rapuano and several other graduate students in complaining of sexual harassment, sexual assault, inappropriate conduct, and retaliation by Kelley, Whalen, and Heatherton to Chair Bucci, Director Wheatley, and Dartmouth\u2019s Title office. Following these complaints, Dartmouth encouraged the victims to continue working with or among their harassers for several months. Dartmouth warned the victims that, if they did not continue working with their harassers, there was a strong possibility that Heatherton, Kelley, and Whalen would revoke their support and disparage the victims to the Department, which could result in the victims being placed on probation or asked to leave the program. Ms. Courtney thus continued to work in Kelley\u2019s lab, forced to tolerate his abusive and manipulative behavior, for nearly four months. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 46 of 85 47 Ms. Courtney chose to attend Dartmouth with the expectation that she would be trained by experts in the field to publish papers and conduct cutting-edge science using resources promised to graduate students. However, she soon learned that these professors prioritized a highly sexualized drinking culture over academic advising. Ms. Courtney was dissuaded from using the very resources that brought her to Dartmouth in the first place and struggled to receive advising and feedback on her work. Because Heatherton, Kelley, and Whalen controlled most of Ms. Courtney\u2019s resources, she felt forced to participate in their predatory \u201cboys\u2019 club\u201d as a means to succeed in the Department. The power these professors wielded over Ms. Courtney eventually made her believe that her own worth as a scientist was directly dependent on their support. Faced with unrelenting sexual harassment and academic neglect, Ms. Courtney\u2019s academic advancement and productivity suffered greatly and limited her career prospects. She began to lose passion for pursuing a career in the field, which she came to believe nurtured this predatory \u201cboys\u2019 club\u201d culture. Because of Ms. Courtney\u2019s experiences at Dartmouth, she began to question her religious faith and developed anxiety and depression. F. Marissa Evans\u2019s Factual Allegations Ms. Evans was an undergraduate student at Dartmouth from 2014 until 2018. She majored in neuroscience and worked in Kelley\u2019s lab from fall 2015 to spring 2017. Ms. Evans began a post-baccalaureate premedical program at the University of Southern California in the fall of 2018. In the fall of 2015, when Ms. Evans was a sophomore, a male student broke into her dorm room and raped her. Ms. Evans reported the assault to Dartmouth College Health Service counselor Dr. Bryant Ford on November 10, 2015. When Ms. Evans relayed the assault, Dr. Ford replied, \u201cWas it a dream?\u201d Then, at Ms. Evans\u2019s direction, Dr. Ford reported the sexual assault to Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 47 of 85 48 Dartmouth\u2019s Title coordinator and campus safety on her behalf on approximately November 19, 2015. Dartmouth\u2019s response to Ms. Evans\u2019s sexual assault report violates Title and numerous other state and federal laws. First, Dartmouth failed to inform Ms. Evans of her right to obtain a no-cost Jane Doe forensic examination at the nearest qualified facility, to which law enforcement is legally required to transport her. Moreover, Dartmouth falsely informed Ms. Evans that she would not be permitted to proceed anonymously to pursue a Title complaint. In addition, Dartmouth engaged in no investigation concerning the reported rape, refusing even to check the entry logs to see which students had entered her dorm during the relevant hours on the night of her assault. Although Ms. Evans provided the approximate height, hair length and color, and build of the person who raped her, she is unaware of any steps that were taken to investigate her assault or identify the rapist. Thus, Dartmouth violated Title at least by: failing to prevent the sexual assault; failing to have a workable process for reporting sexual assault; impeding a criminal investigation by failing to take necessary steps to preserve evidence; failing to conduct any investigation of the rape; failing to offer the victim any accommodations; and failing to take any measures to prevent against retaliation. Kelley sexually harassed Ms. Evans throughout her tenure in his lab. From the outset, Kelley eschewed professional and personal boundaries. During the summer of 2015, Ms. Evans interviewed for a position in Kelley\u2019s lab. Although she was just 19 years old, Kelley insisted that her formal job interview take place at a bar. There, Kelley plied her with several glasses of wine before taking her bar-hopping and buying her whiskey, commenting several times that Ms. Evans was underage and could not legally drink. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 48 of 85 49 Kelley\u2019s conduct escalated in the summer of 2016. For example, Kelley began sending Ms. Evans Snapchats of himself drinking and commenting on his level of intoxication. Over the 2016-2017 academic year, these messages escalated to inappropriate compliments, such as telling Ms. Evans that \u201ca guy like me could never be with a girl like you\u201d and calling her \u201cbeautiful\u201d and \u201csexy.\u201d In December 2016, Kelley arrived, uninvited, at one of Ms. Evans\u2019s track meets while intoxicated. Ms. Evans did not submit to Kelley\u2019s sexual advances or convey any romantic or sexual interest in him, often responding to his comments by saying, \u201cno, you don\u2019t mean that.\u201d Ms. Evans became anxious over Kelley\u2019s level of interest in her and feared that rejecting him would hurt her academically. Kelley warned Ms. Evans that his letter of recommendation would be \u201ccrucial\u201d for her future and once told her that, as a \u201cfavor,\u201d he was giving her a better grade in his course than she deserved. Kelley repeatedly threatened to harm Ms. Evans academically after she refused to engage in his sexual banter. Each time, Kelley responded by telling Ms. Evans, \u201cSomeone\u2019s honors thesis just got harder.\u201d Ms. Evans responded by telling Kelley not to bring her honors thesis into the conversation. In December 2016, Ms. Evans returned home due to a close childhood friend\u2019s death. Kelley sought to exploit Ms. Evans\u2019s vulnerable state\u2014of which he was well-aware\u2014by dramatically escalating his unwelcome sexual advances towards her. Kelley began to send Ms. Evans sexually explicit images that were both unwelcome and unsolicited. These images displayed, among other things: \u2022 Kelley\u2019s fully naked body, including his erect penis; \u2022 Kelley\u2019s genitalia with sex toys, including a penis \u201ccage\u201d and a penis \u201chat\u201d; and \u2022 Kelley engaged in sexual encounters with two unidentified persons. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 49 of 85 50 Kelley barraged Ms. Evans with unwelcome and offensive text messages of a sexual nature, including: \u2022 Describing his personal use of sex toys, his past sexual encounters, and his sexual preferences in terms of dominant/submissive roles; \u2022 Asking Ms. Evans to describe her sexual practices and fantasies; \u2022 Instructing Ms. Evans on how to perform oral sex on a woman; \u2022 Seeking to assert sexual dominance by commanding Ms. Evans to masturbate and\u2014likening her to a pet\u2014calling her \u201cgood girl\u201d; and \u2022 Expressing his intention to have sexual intercourse with her when she returned to Dartmouth in January 2017. After receiving more than 10 explicit sexual photographs, Ms. Evans blocked Kelley\u2019s number so that he could not contact her. Ms. Evans returned to Dartmouth in January 2017, after the holidays. Because Kelley had told her he intended to have sexual intercourse with her upon her return, Ms. Evans was terrified that he was going to force her to have sex with him. As a result, Ms. Evans attempted to limit her interaction with Kelley and tried to work directly with his senior graduate student, Ms. Rapuano, rather than working with Kelley directly. Kelley eventually emailed Ms. Evans and demanded to know why she was not responding to his text messages. Afraid to tell Kelley that she had blocked him, she instead said that her phone was broken. In response, Kelley took it upon himself to make Ms. Evans an appointment at the Verizon store. Fearing retaliation if Kelley learned the truth, Ms. Evans went to the Verizon store and paid for a phone upgrade that she did not need. To escape Kelley\u2019s sexual harassment, Ms. Evans transferred to a different lab in the spring of 2017. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 50 of 85 51 After switching labs, Ms. Evans was at a local restaurant with a group of Dartmouth students when Kelley arrived to join the group. Ms. Evans switched to a different table so that she would not be seated near him. Kelley continued to stare at her throughout the night and said her name loudly as if to draw her attention to him. Kelley\u2019s conduct robbed Ms. Evans of her undergraduate educational experience and caused her to suffer severe emotional distress and disruptions to every area of her life. Dartmouth retaliated against Ms. Evans for participating in the Title investigation. On May 23, 2018, Ms. Evans easily passed the oral defense of her honors thesis. Professors Bob Maue and Alan Green, the faculty judges, unanimously recommended that she pass with honors. However, Professor Maue then, without explanation, refused to provide Ms. Evans with his signature as required for Ms. Evans to turn in her honors thesis. Ms. Evans sent Professor Maue numerous emails requesting his signature. He did not respond. These circumstances delayed Ms. Evans\u2019s submission of her honors thesis, forcing her to file it one day past its due date. Purportedly because of this \u201clateness,\u201d Ms. Evans received a failing grade on her thesis. Ms. Evans met with Chair Bucci, Assistant Dean of Undergraduate Students Anne Hudak, and Professors Jeffrey Taube and Catherine Cramer to explain the circumstances and request that Dartmouth reverse its decision to fail her. They refused and, instead, presented Ms. Evans with an untenable ultimatum: either accept an A- in an independent study without an honors thesis or receive her honors thesis but with a grade for two semesters (which would drop her below the threshold for medical school, the next professional step in her career). Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 51 of 85 52 Ms. Evans appealed this decision to President Hanlon. In her appeal, she voiced concern about possible retaliation for her involvement in the Title investigation against Kelley, writing personally feel as though this decision is rooted in retaliation, as am the only undergraduate student who was directly involved in the investigation of the three neuroscience professors this past year petition was started on Ms. Evans\u2019s behalf requesting that Dartmouth reverse its decision, accumulating approximately 200 signatures. Still Dartmouth refused to reverse its decision. Ms. Evans was ultimately permitted to accept grades of B+ and A- for two semesters. Ms. Evans is the only undergraduate student who participated in the Title investigation. She is also the only undergraduate student whose honors thesis Dartmouth failed. Ms. Evans was a top-ranked high school graduate when she was recruited by Dartmouth to join its track and field team. Kelley took an immediate interest in her when she enrolled in several of his undergraduate courses. Ms. Evans, who was just 18 years old at the time, construed Kelley\u2019s interest as recognition of academic potential in her, and subsequently applied to work in his lab with the expectation that he would assist in building her career and shaping her honors thesis. Kelley\u2019s harassment of Ms. Evans caused her to question her own intellect and academic capabilities, doubts which permeated every aspect of her academic and social relationships. She became terrified that Kelley would force her to have sexual intercourse with him (after he stated his intention to do so) and was driven to severe depressive episodes and a suicide attempt. Ms. Evans\u2019s experiences at Dartmouth have had a lasting effect on her professional career and mental health. Ms. Evans will only work in research labs run by women because of her deep distrust of male employers. She was forced to withdraw from her first semester in a post- Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 52 of 85 53 baccalaureate premedical program due to mental health reasons resulting from her time at Dartmouth. G. Jane Doe\u2019s Factual Allegations Jane Doe received a master\u2019s degree in experimental psychology and obtained a Bachelor of Liberal Arts degree from a top college. Prior to matriculating at Dartmouth as a doctoral student, she worked in a prestigious neuroimaging lab. While at Dartmouth, Jane Doe received numerous external funding and conference awards, co-authored multiple papers, and gave talks and poster presentations at academic conferences across the country. Jane Doe worked in Whalen\u2019s lab during the 2016-2017 academic year. Whalen sexually harassed Jane Doe and subjected her to a hostile environment during her entire tenure in his lab. Jane Doe and other female graduate students in Whalen\u2019s lab felt pressured to submit to his constant and inappropriate flirtation and dress in a manner he felt was \u201csexy\u201d to get any of Whalen\u2019s academic attention or support. Emblematically, Whalen once told Jane Doe that he had been described as a \u201cbenevolent sexist,\u201d which he told her he took as a compliment. Whalen made numerous unwelcome sexual advances toward Jane Doe, such as putting his arm around Jane Doe\u2019s waist and invading her personal space by, despite her obvious discomfort, putting his face just inches away from her face to speak to her. Additionally, Whalen once observed his ex-girlfriend at a bar, sat down next to Jane Doe, and instructed her that they were going to \u201cmake [his ex-girlfriend] jealous by making her think we are on a date.\u201d Whalen also made inappropriate comments about Jane Doe\u2019s physical appearance. For example, before attending a dinner at an academic conference, Whalen expressed Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 53 of 85 54 disappointment in Jane Doe\u2019s physical appearance and implied that he did not find her attractive in the outfit she was wearing by remarking that he had hoped she would \u201cdress up.\u201d While with Jane Doe and her female colleagues, Whalen and Kelley regularly rated the \u201chotness\u201d of female students in the Department, remarking on their physical attractiveness and their clothing choices. Within months of starting at Dartmouth, Jane Doe noticed that students were expected to drink and socialize with the Department\u2019s professors to build key relationships and receive academic attention. Meetings often took place at bars and often involved heavy drinking. On the occasions when Jane Doe declined to attend these \u201cmeetings,\u201d Whalen would disappear and ignore Jane Doe\u2019s emails, leaving her with no advisory support. Jane Doe realized that participating in this drinking culture was a prerequisite to getting the advising, guidance, and academic support she needed from Whalen to complete her studies at Dartmouth. Whalen prioritized female students who indulged his flirtations and sexual advances and neglected those who did not. Most tellingly, Whalen lavished advising, academic attention and opportunities upon a female student in his lab with whom he was widely known to be having a sexual relationship. By contrast, Whalen completely ignored and \u201cfroze out\u201d Jane Doe, who refused his sexual advances. This dynamic impeded Jane Doe\u2019s academic progress at Dartmouth. While attempting to complete her work in the lab, Jane Doe felt pressured to leave Whalen and the graduate student with whom he was having a sexual relationship alone. When they were in the lab together, Whalen often spoke only to the female graduate student with whom he was in a relationship, ignoring Jane Doe. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 54 of 85 55 After Jane Doe participated in the Title process and investigation, Dartmouth retaliated against her by denying her reasonable accommodations, unilaterally transferring her into a new lab that was inconsistent with her background and academic field of science, and ultimately expelling her from the program after the school had set her up to fail. After subjecting Jane Doe to a highly sexualized and hostile lab environment perpetuated by its tenured professors for years, Dartmouth forced Jane Doe to a different lab that was incompatible with her background and field of science. Dartmouth\u2019s actions made it impossible for Jane Doe to realize the benefits of her education as a student at Dartmouth. In mid-July 2017, Jane Doe was abruptly informed that Whalen had been placed on administrative leave and, effective immediately, she would be reassigned to a different professor\u2019s lab that was inconsistent with her background and field of science. Dartmouth did not give Jane Doe the opportunity to object to her placement or seek a more suitable lab. The next day, Jane Doe told Dartmouth that the new lab to which she had been assigned was incompatible with her academic background and interests. Immediately thereafter, Jane Doe became involved in the Title investigation. Jane Doe continued to raise concerns with Dartmouth that her new lab was a poor fit. She discussed this with the new professor to whom she was assigned, who agreed that she would be better suited in a different lab. Indeed, during a presentation of Jane Doe\u2019s work on December 11, 2017, the professor to whom she was assigned made derogatory comments about the type of science Jane Doe was studying and stated that he \u201cregretted\u201d taking over the grant for Whalen and that \u201cthe government should never fund this kind of science again.\u201d Thereafter, Jane Doe met with a different professor whose lab was more aligned with her background and field of science. This professor offered to take Jane Doe into his lab, Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 55 of 85 56 promising to communicate his offer to Dartmouth and advocate for the transfer during the annual faculty meeting. With this professor\u2019s support, Jane Doe initiated plans to transfer into his lab. Director Wheatley and Chair Bucci initially seemed agreeable, but ultimately refused to let Jane Doe switch labs. In June 2018, Dartmouth expelled Jane Doe from the program, without notice or a probationary period. Within 48 hours, Jane Doe met with both Chair Bucci and Director Wheatley separately to discuss her expulsion. Chair Bucci advised Jane Doe not to appeal her evaluations, warning her that \u201cthis is a small field and you don\u2019t want bad blood.\u201d In this same meeting, Jane Doe told Chair Bucci that the culture and harassment perpetuated by the Department\u2019s professors and the poor fit with the lab she had been assigned had left her without a safe scientific home to complete her work. Chair Bucci trivialized Jane Doe\u2019s experiences of harassment and displacement by comparing them with a time when he was inundated with administrative work, stating had a hellish year, too, but was able to do my work.\u201d Director Wheatley claimed that she \u201chad no choice\u201d but to expel Jane Doe. Referencing an upcoming required presentation, Director Wheatley demanded to know: \u201cWhat would you even present on if you were to stay?\u201d This presentation was not scheduled to take place for nearly one year, and Jane Doe already had projects underway\u2014including three completed datasets, one of which she won an award for\u2014that she intended to present. Nonetheless, Dartmouth stood by its decision to expel her. Upon information and belief, Dartmouth violated its own policies in expelling Jane Doe. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 56 of 85 57 Jane Doe chose to attend Dartmouth specifically to work with Whalen, whose research she had followed for many years. She came to Dartmouth with the expectation that Whalen, whose work heavily informed her interests and goals, would provide her with the background and knowledge necessary to launch a career in the field of social neuroscience. Instead, Jane Doe found herself in a place in which a highly sexualized environment was normalized and women, including herself, were systematically gaslighted. The pressure to drink and stay out late to receive mentorship served as a devastating trigger to Jane Doe, who had previously suffered from depression and had experienced trauma earlier in her life. Because of her experiences at Dartmouth, she lost her motivation, excitement, and passion for her work and became extremely withdrawn, cutting off communication with her family and closest friends. H. Jane Doe 2\u2019s Factual Allegations Jane Doe 2 was an undergraduate student at Dartmouth from 2008 until 2012. She worked as an undergraduate research assistant in Heatherton\u2019s lab for the majority of the Summer 2010 through Spring 2012 terms. Heatherton and Whalen served as her honors thesis advisors from fall 2011 through spring 2012, and Whalen served as her neuroscience minor advisor. After graduating, Jane Doe 2 worked as a Research Assistant in Heatherton\u2019s lab from fall 2012 through spring 2013. Jane Doe 2 took a class with Whalen during her sophomore year of college in 2009. As the class progressed, Whalen began to act flirtatiously towards Jane Doe 2. After Jane Doe 2 decided to pursue a major in psychology and a minor in neuroscience, she approached Whalen about doing research in the Department. In response, Whalen presented her with three possible options: she could work with him, Heatherton, or Kelley. Jane Doe 2 began working in Heatherton\u2019s lab as an undergraduate research assistant in the summer of 2010. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 57 of 85 58 As an undergraduate student, Jane Doe 2 experienced and observed an extreme amount of pressure to participate in the Department\u2019s drinking culture. Jane Doe 2 was frequently served alcohol during lab functions both on and off Dartmouth premises. On Fridays, Heatherton and Kelley occasionally hosted a meeting dubbed \u201cBill and Todd\u2019s Excellent Adventures\u201d that inevitably revolved around drinking rather than research. Kelley and Whalen frequently made sexual comments about Jane Doe 2 and other women. Whalen discussed Jane Doe 2\u2019s body in a sexual manner, while Kelley asked Jane Doe 2 personal and invasive questions about her romantic relationship. Both professors discussed their own sexual preferences in Jane Doe 2\u2019s presence. In the Spring 2012 term, Dartmouth organized a celebratory dinner for the undergraduate students who had completed their honors thesis that year. After the dinner, the students were escorted to a bar by the Department\u2019s faculty members in attendance. While at the bar, the students were encouraged to drink heavily, with Whalen buying several rounds of drinks for Jane Doe 2. Upon information and belief, the Department paid for these drinks. Once at the bar, surrounded by Dartmouth faculty members and students, Whalen held Jane Doe 2\u2019s hand and kissed her cheek, telling her that he loved her. Whalen told Jane Doe 2 that he had big plans for the two of them and would strive to make sure his and Heatherton\u2019s lab were integrated in the upcoming year. Jane Doe 2 was uncomfortable with Whalen\u2019s behavior because they were in plain view of Dartmouth faculty members. In November 2012, Whalen sexually assaulted Jane Doe 2 and had nonconsensual sex with her. After drinking at a bar, Whalen accompanied Jane Doe 2 and several graduate students to a movie, where he supplied them with containers of whiskey. When the movie was over, they went to a different bar. Whalen then offered to drive Jane Doe 2 home to the apartment Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 58 of 85 59 where she was staying. By then, Jane Doe 2 was intoxicated to the point of losing her memory. Jane Doe 2 regained consciousness to find Whalen kissing her in front of her apartment. Mortified and uncomfortable, Jane Doe 2 stopped Whalen and told him that she needed to go inside her apartment. Whalen insisted on following Jane Doe 2 inside, ignoring her when she instructed him to leave. Once inside the apartment, Whalen initiated sexual activity with her. Jane Doe 2 asked Whalen to leave her house, telling him that she was going to be sick from alcohol. Whalen did not leave her apartment, claiming that he needed to \u201chelp her get into bed\u201d and undressing her. At one point, Whalen told her: \u201cDon\u2019t worry, we\u2019re not going to have sex.\u201d Jane Doe 2 replied, \u201cof course not can\u2019t even walk.\u201d Whalen nonetheless forced himself on Jane Doe 2 and engaged in nonconsensual intercourse with her. In the following months after sexually assaulting Jane Doe 2, Whalen repeatedly demanded to know if she had told anyone and warned her that he would \u201close everything\u201d if she told anyone. During the 2012-2013 academic year, Jane Doe 2 worked as a graduate Research Assistant in Heatherton\u2019s lab. Throughout this time, Whalen continued to initiate sexual activity with Jane Doe 2 on several different occasions, often in an aggressive manner that made Jane Doe 2 feel unsafe. On one occasion in approximately April 2013, Whalen initiated sexual activity with Jane Doe 2 in his office on Dartmouth premises and choked her to the point that she feared for her safety Dartmouth security guard walked in soon after. Beginning after she was first sexually assaulted by Whalen and continuing through the end of her employment, Whalen periodically interrogated Jane Doe 2 and demanded to know Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 59 of 85 60 if she had told anyone about their sexual encounters, reminding her that, if she told anyone, it would \u201cdestroy\u201d his family, his career, and his life. While at a conference in San Francisco in approximately April 2013, Whalen groped Jane Doe 2 under the table in front of Heatherton, for whom she worked, and Ms. Courtney. After dinner, Heatherton accompanied Jane Doe 2 and the graduate students to a bar. While walking with Jane Doe 2 to the bar, Heatherton alluded to an inappropriate relationship between her and Whalen. Jane Doe 2 told Heatherton that she felt Whalen was dangerous and should not be trusted nor allowed around young women. In response, Heatherton expressed feelings of jealousy regarding Whalen\u2019s behavior. Later, Heatherton approached Jane Doe 2 in the bar and implied that he was struggling with his own feelings towards her and wasn\u2019t sure whether they were paternal or something more. Jane Doe 2 had confided in Heatherton hoping that he would protect her from Whalen; instead, Heatherton expressed jealousy over Whalen\u2019s conduct and made sexual advances of his own towards Jane Doe 2. Whalen invited Jane Doe 2 to a baseball game during her final week working in the lab. Near or on Jane Doe 2\u2019s last day of work, Whalen told her, \u201cyou\u2019re not going to tell anybody, right? We\u2019re good, right?\u201d Whalen then promised to write Jane Doe 2 a glowing recommendation letter. Jane Doe 2 felt, as she had before, that Whalen was attempting to coerce her into silence. Jane Doe 2 continued to experience pressure to drink and socialize while working as a graduate Research Assistant in Heatherton\u2019s lab, often to the detriment of her own professional advancement. For example, in April 2013, Jane Doe 2 traveled to San Francisco to attend a conference with Heatherton, Whalen, and several graduate students. Heatherton and Whalen both left the event early to go drink at bars. Whalen encouraged the graduate students to join them at the bar rather than attending the conference. On another occasion, Jane Doe 2 became so Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 60 of 85 61 intoxicated at a lab meeting followed by a bar outing that she called her boyfriend to come pick her up. When her boyfriend arrived, Kelley told him that Jane Doe 2 just needed a bit of \u201ccocaine and red bull\u201d and she would be fine. In October 2017, Jane Doe 2 was contacted by Investigator Davis and asked if she would provide information. Investigator Davis initially promised Jane Doe 2 that everything discussed would remain strictly confidential. However, when Jane Doe 2 asked if she would still be guaranteed confidentiality if she revealed illegal behavior by any of the accused professors, Investigator Davis backtracked and told Jane Doe 2 that it was possible any incriminating information she provided may not remain confidential. Jane Doe 2 was left with the impression that Investigator Davis initially believed that she would defend Heatherton, Whalen, and Kelley against the allegations. When Jane Doe 2 made it clear that she would not, the tone of the conversation changed\u2014as did Investigator Davis\u2019s promises of confidentiality. Investigator Davis told Jane Doe 2 that Heatherton, Whalen, and Kelley had all been instructed that they were not to contact anyone involved in the investigation. An interview with Investigator Davis was scheduled to take place on October 25, 2017, but Jane Doe 2 contacted Investigator Davis the day before the interview and asked to postpone due to scheduling conflicts. Jane Doe 2\u2019s interview was rescheduled for the following week. On October 27, 2017, Heatherton emailed Jane Doe 2 and asked whether he had the most accessible email address for her. Because Jane Doe 2 had been assured that Heatherton had been instructed not to contact anyone involved in the investigation, she was very disturbed to receive his email. Moreover, the suspicious timing of Heatherton\u2019s email\u2014which she received Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 61 of 85 62 days after postponing her Title interview\u2014made Jane Doe 2 question the confidentiality of the Title process. As a result, Jane Doe 2 declined to move forward with a Title interview. Not until the Complaint (Dkt. 1) was first filed on November 15, 2018, did Jane Doe 2 become aware of Dartmouth\u2019s knowledge, deliberate indifference, and pervasive failure to respond to repeated instances of sexual misconduct in the Department. When Jane Doe 2 read the Complaint and ensuing media coverage, she was shocked to learn that Dartmouth had known about these professors\u2019 inappropriate conduct for over a decade\u2014well before Jane Doe 2 was sexually assaulted\u2014but allowed their behavior to continue unabated as they worked with young female students. Prior to the filing of this lawsuit on November 15, 2018, Dartmouth actively concealed its own misconduct, and as a result, Jane Doe 2 was unaware, nor with reasonable diligence could have been aware, of Dartmouth\u2019s causal connection to the sexual assault, sexual harassment, discrimination, and hostile environment to which she was subjected. For over a decade, Dartmouth held Heatherton, Whalen, and Kelley out as esteemed professors in good standing and ignored credible reports of their serial sexual misconduct. Dartmouth then concealed the existence of the Title investigation and did not release any information publicly nor to students in the Department. While Dartmouth continued cloaking its misconduct, Jane Doe 2 had no reason to suspect that Dartmouth knowingly and deliberately failed to prevent the sexual misconduct inflicted by the professors. Investigator Davis seemingly made no effort to address Dartmouth\u2019s prior knowledge of the professors\u2019 conduct or its role in fostering the continuing harassment. Even after the investigation was leaked to the media, Dartmouth did not release any details about the allegations. Because Dartmouth actively concealed this information from the general public, Jane Doe 2 could not, with reasonable diligence, have learned Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 62 of 85 63 this information independently. She discovered this information only when the initial Complaint was filed on November 15, 2018. Attending Dartmouth was Jane Doe 2\u2019s dream. Dartmouth\u2019s prestigious reputation represented a path to professional success and an escape from poverty for Jane Doe 2. Combined, the sexual assault, discrimination, and toxic environment Jane Doe 2 was subjected to at Dartmouth had a lasting effect on her mental and physical health. Jane Doe 2 experienced extreme depression and was consumed by suicidal thoughts, prompting her to seek counseling. She became socially isolated and withdrawn, distancing herself from her friends and family, and experienced physical symptoms such as insomnia, loss of appetite, nausea, amenorrhea, and hypervigilance. Although Jane Doe 2 planned to study neuroscience or clinical psychology, her experiences at Dartmouth caused her to leave the field altogether. I. Jane Doe 3\u2019s Factual Allegations Jane Doe 3 attended Dartmouth from 2003 until 2009 as a graduate student and post-doctoral fellow. She worked in Heatherton\u2019s and Kelley\u2019s labs. While at Dartmouth, Jane Doe 3 was an active member of numerous graduate committees, served as a teaching assistant and was often invited to guest lecture in other courses, and won awards and scholarships for her academic and work performance. She has a strong publication record and has routinely given talks and presentations at academic conferences across the country. When Jane Doe 3 enrolled at Dartmouth, she was initially working in another professor\u2019s lab. Almost immediately, Kelley began to display an inappropriate interest in Jane Doe 3, acting flirtatiously and initiating sexual conversations with her. Kelley then began encouraging Jane Doe 3 to switch into his lab and work under him. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 63 of 85 64 In November 2003, Kelley encouraged Jane Doe 3 to attend a conference with him and several other graduate students in New Orleans. Kelley ultimately paid for Jane Doe 3\u2019s travel expenses to attend the conference, even though she was not a member of his lab. At the conference, Kelley invited the graduate students, including Jane Doe 3, to several bars and nightclubs. He continuously bought drinks for Jane Doe 3 until she was intoxicated to the point of slipping in and out of consciousness. He then began asking Jane Doe 3 intrusive sexual questions in front of the graduate students, such as demanding to know who she would rather have sex with between various Dartmouth students and faculty members, proposing himself as a sexual partner. Kelley then separated Jane Doe 3 from the group and led her back to his hotel and initiated sexual activity with her for the first time. Jane Doe 3\u2019s transfer to Kelley\u2019s lab was finalized approximately two weeks later. After Jane Doe 3 began officially working in Kelley\u2019s lab, he coerced her into an ongoing sexual relationship with him. From the outset, Kelley made it clear that he regarded her as a sexual object rather than a scientist. Kelley told her that she was \u201ctoo pretty to be smart\u201d and was only at Dartmouth because of her good looks. He confided that he found it gratifying that he was the one who \u201cgot to have\u201d her when other faculty members in the Department sexually desired her. He encouraged her to outwardly flirt with other faculty members as well as the Department to secure additional resources for his lab. After Kelley \u201cpranked\u201d the undergraduate students by telling them that Whalen had suffered a \u201cbotched penis circumcision,\u201d he encouraged Jane Doe 3 to confirm the truth of the story by falsely telling undergraduate students that she had been sexually involved with Whalen. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 64 of 85 65 Other faculty in the Department similarly objectified Jane Doe 3. Kelley told Jane Doe 3 that Heatherton had been fixated on her physical appearance during her interview and hoped that her shirt buttons might open. As a result of Heatherton sharing this story, male faculty members in the Department referred to Jane Doe 3 by a demeaning and sexual nickname. Kelley often showed little interest in Jane Doe 3\u2019s work, neglecting her research and delaying her qualifying examinations because he did not want to \u201cdraw attention\u201d to their relationship. Yet when Jane Doe 3 pointed out the detrimental effect his behavior had on her career and attempted to maintain a professional relationship, Kelley claimed that she was receiving certain special privileges by virtue of their sexual relationship that she would no longer be given. Kelley, Whalen, and Heatherton all made demeaning and sexual comments about women in their labs. Whalen and Kelley competed over who had the \u201chottest\u201d lab. Kelley rated the sexual desirability of women in the Department\u2014including graduate students, undergraduate students, and faculty\u2014in front of Jane Doe 3 and other lab members. Whalen told Jane Doe 3 that he was very attracted to undergraduate students in his lab. Kelley suggested that female students who attended his office hours were sexually interested in him and remarked that he loved teaching in a particular lecture hall because he could easily look up students\u2019 skirts or dresses during class. Jane Doe 3, like other women in the Department, felt that her professional success was contingent on her willingness to drink and socialize with Kelley, Whalen, and Heatherton. The three professors bought and refilled Jane Doe 3\u2019s drinks, often against her wishes. Kelley publicly ridiculed female students who did not partake in this drinking culture. When Jane Doe 3 needed Kelley to review a paper or discuss a research matter, he would often condition his assistance on her meeting him at a bar to drink. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 65 of 85 66 On many occasions, Jane Doe 3 attempted to end the sexual aspects of their relationship, as she felt it was detrimental to her career and her advancement as a scientist. Each time, Kelley retaliated by refusing to provide her with academic support and neglecting her professionally. When Jane Doe 3 was able to permanently end her sexual relationship with Kelley in the summer of 2007, he responded by threatening her professional career. Kelley told her: \u201cGood luck getting your Ph.D. now.\u201d In order to complete her dissertation work, Jane Doe 3 continued working in Kelley\u2019s lab for an additional year after ending their sexual relationship. She was then required to interact with Kelley on a regular basis when she worked as a post-doctoral fellow in Heatherton\u2019s lab. Over the course of these two years, Kelley continued to act flirtatiously and make sexual advances towards her. When she rejected his advances, he reacted negatively and ignored her work. In retaliation for ending their sexual relationship, Kelley also gave data that she had collected to another student. He removed Jane Doe 3 from an ongoing research project and continued to deny her access to data and research projects after she left Dartmouth in 2009. Around the early fall of 2017, Kelley called Jane Doe 3 to inform her of the Title investigation and warn her that she may be contacted to provide information. Kelley asked Jane Doe 3 to tell Dartmouth that they had a consensual relationship that did not begin until she graduated and was no longer working in his lab. When Jane Doe 3 told Kelley that she would not lie, he said that it would be \u201cbest\u201d if she refused to speak with anyone from Dartmouth about the investigation. In October 2017, Chair Bucci contacted Jane Doe 3 and informed her of the Title investigation. Chair Bucci explained that he wanted to speak with Jane Doe 3 directly before Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 66 of 85 67 she was contacted by the investigator. Chair Bucci also acknowledged that he had always been aware of \u201crumors\u201d concerning Jane Doe 3\u2019s relationship with Kelley. Investigator Davis contacted Jane Doe 3 shortly thereafter and asked to speak via videoconference. Jane Doe 3 ultimately declined to provide information, fearing retaliation by the three powerful professors who still controlled certain aspects of her career. Not until the Complaint (Dkt. 1) was first filed on November 15, 2018, did Jane Doe 3 become aware of Dartmouth\u2019s knowledge, deliberate indifference, and pervasive failure to respond to repeated instances of sexual misconduct in the Department. When Jane Doe 3 read the Complaint and ensuing media coverage, she was shocked to learn that Dartmouth had known about Kelley\u2019s inappropriate conduct towards her and yet took no action to protect her or curb Kelley\u2019s behavior. Jane Doe 3 was likewise shocked to learn that Dartmouth had known about all three professors\u2019 inappropriate conduct for over a decade but allowed their behavior to continue unabated as they worked with young female students. Prior to the filing of this lawsuit on November 15, 2018, Dartmouth actively concealed its own misconduct, and as a result, Jane Doe 3 was unaware, nor with reasonable diligence could have been aware, of Dartmouth\u2019s causal connection to the sexual assault, sexual harassment, discrimination, and hostile environment to which she was subjected. For over a decade, Dartmouth held Heatherton, Whalen, and Kelley out as esteemed professors in good standing and ignored credible reports of their serial sexual misconduct. Dartmouth then concealed the existence of the Title investigation and did not release any information publicly nor to students in the Department. While Dartmouth continued cloaking its misconduct, Jane Doe 3 had no reason to suspect that Dartmouth knowingly and deliberately failed to prevent the sexual misconduct inflicted by the professors. Investigator Davis seemingly made Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 67 of 85 68 no effort to address Dartmouth\u2019s prior knowledge of the professors\u2019 conduct or its role in fostering the continuing harassment. Even after the investigation was leaked to the media, Dartmouth did not release any details about the allegations. Because Dartmouth actively concealed this information from the general public, Jane Doe 3 could not, with reasonable diligence, have learned this information independently. She discovered this information only when the initial Complaint was filed on November 15, 2018. Jane Doe 3 was drawn to Dartmouth because of its academic reputation and the prestige of the Department. She came to Dartmouth as an enthusiastic and ambitious young scientist but was quickly demoralized by the environment and treatment she experienced. Jane Doe 3 was made to feel as though she had little academic worth and was viewed only as a sexual object. At Kelley\u2019s behest, she withdrew from her family and friends and became socially isolated from her peers. As a result of the sexual harassment, discrimination, and toxic environment she was subjected to, Jane Doe 3 became depressed, anxious, and demoralized. She ultimately transitioned to a different area of research to distance herself from Kelley, Heatherton, and Whalen Plaintiffs and Class Representatives re-allege and incorporate by reference each and every allegation in the Complaint as though fully set forth herein. Plaintiffs and Class Representatives sue on behalf of themselves individually and on behalf of three classes of similarly-situated individuals pursuant to Federal Rules of Civil Procedure 23(b)(2) and (b)(3). Dartmouth tolerates and cultivates a gender discriminatory and sexually hostile environment for female students in the Department. Dartmouth has failed to respond adequately or appropriately to evidence and complaints of gender discrimination, sexual harassment, and Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 68 of 85 69 hostile environment in the Department. The College has failed to create adequate procedures to ensure its employees comply with anti-discrimination laws and has failed to adequately discipline its employees when they violate anti-discrimination laws. Dartmouth knew or should have known that, because of its actions and inactions, female students have been subjected to a sexually hostile environment that has been sufficiently severe, pervasive, and objectively offensive to interfere with their educational opportunities, undermining and detracting from their school experience. Dartmouth\u2019s policies, practices, and procedures for investigating and responding to student complaints of gender discrimination, sexual harassment and hostile environment have an ongoing disparate impact on female students. A. Rule 23 Class Definition Plaintiffs and Class Representatives seek to bring this action under Rule 23 on behalf of every current and former female graduate and undergraduate student who has matriculated or will matriculate at Dartmouth in the Department of Psychological and Brain Sciences between March 31, 2015, and the date of judgment. Plaintiffs reserve the right to modify this Class definition and Class period. B. Efficiency of Class Prosecution of Class Claims Certification of the proposed class is the most efficient and economical means of resolving the questions of law and fact that are common to the claims of the Plaintiffs and the Class. Plaintiffs\u2019 individual claims, as Class Representatives, require resolution of the common questions concerning whether Dartmouth has subjected its female students in the Department to a sexually hostile environment that is sufficiently severe, pervasive, and objectively offensive to interfere with their educational opportunities, undermining and detracting from their Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 69 of 85 70 school experience. The Class Representatives seek remedies to eliminate the adverse effects of such discrimination in their own lives and working conditions, and the working conditions of the class members, and to prevent Dartmouth\u2019s continued gender discrimination. The Class Representatives have standing to seek such relief because of the adverse effect that such discrimination has had on them individually and on female students in the Department generally. Dartmouth caused Plaintiffs\u2019 injuries through its discriminatory practices, policies, and procedures and failure to remedy or correct such discrimination. These injuries are redressable through systemic relief, such as equitable and injunctive relief and other remedies sought in this action. Plaintiffs have a personal interest in the policies, practices, and procedures implemented at Dartmouth. To obtain relief for themselves and the class members, the Class Representatives will first establish the existence of systemic gender discrimination and hostile work environment as the premise for the relief they seek. Without class certification, the same evidence and issues would be subject to re-litigation in a multitude of individual lawsuits with an attendant risk of inconsistent adjudications and conflicting obligations. Certification of the proposed class is the most reasonable and efficient means of presenting the evidence and arguments necessary to resolve such questions for the Class Representatives and the class members. C. Numerosity and Impracticability of Joinder The Class that the Class Representatives seek to represent is too numerous to make joinder practicable. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 70 of 85 71 Upon information and belief, the proposed class consists of more than 40 current and former female students during the liability period. The exact size of the Class and the identities of the individual members are ascertainable through records maintained by Dartmouth. D. Common Questions of Law and Fact Prosecuting Class Representatives\u2019 claims will require the adjudication of numerous questions of law and fact common to their claims and those of the Class they seek to represent. Common questions of law and fact predominate, and include, but are not limited to, the following: (i) whether Dartmouth has engaged in unlawful, systemic sex discrimination and facilitated a hostile educational environment that violates Title IX; (ii) whether Dartmouth has violated the Title and other legal rights of its female students by failing to adequately prevent, investigate, or respond with appropriate corrective action to evidence and complaints of discrimination in the educational environment; (iii) whether Dartmouth is liable for continuing systemic violations of Title IX; (iv) whether the harassment permitted and facilitated by Dartmouth interfered with the work or educational opportunities normally available to students; (v) whether an \u201cappropriate person\u201d had knowledge of the sexual harassment and hostile environment, including such knowledge of facts that would reasonably indicate substantial risk to any female students, and failed to adequately respond; (vi) whether Dartmouth acted with deliberate indifference to the notice of harassment; (vii) whether Dartmouth owed Plaintiffs and the proposed class members a fiduciary duty; (viii) whether Dartmouth breached its fiduciary duty by tolerating, condoning, ratifying, and/or engaging in the hostile environment, sexual harassment, gender discrimination, and/or retaliation, and failing to take remedial action; (ix) whether Dartmouth Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 71 of 85 72 knew or should have known that its breach of fiduciary duty resulted in the sexual harassment and hostile environment to which Plaintiffs and members of the proposed class were subjected. E. Typicality of Claims and Relief Sought Each Class Representative is a member of the Class she seeks to represent. The Class Representatives\u2019 claims are typical of the claims of the proposed class. The Class Representatives possess and assert each of the claims they assert on behalf of the proposed class. They pursue the same factual and legal theories and seek similar relief. Like members of the proposed class, the Class Representatives are current and former female graduate or undergraduate students who matriculated in the Department at Dartmouth during the liability period. The acts and omissions to which Defendants subjected the Class Representatives and the Class applied universally within the Class and were not unique to any Class Representative or Class Member. Dartmouth has failed to respond adequately or appropriately to evidence and complaints of sexual harassment and hostile environment in the Department. Dartmouth has failed to create adequate procedures to ensure its employees comply with anti-discrimination laws and has failed to adequately discipline its employees when they violate anti-discrimination laws. The Class Representatives and proposed class members have been affected in the same or similar ways by Dartmouth\u2019s failure to implement adequate procedures to detect, monitor, and correct this pattern and practice of discrimination and sexually hostile environment. The relief necessary to remedy the claims of the Class Representatives is the same as that necessary to remedy the claims of the proposed class members. The Class Representatives seek the following relief for their individual claims and on behalf of the members of the proposed Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 72 of 85 73 class: (i) a declaratory judgment that Dartmouth\u2019s policies, practices and/or procedures challenged herein are illegal and in violation of the rights of Class Representatives and class members under, inter alia, Title and the applicable New Hampshire state laws; (ii) a permanent injunction against Dartmouth and its partners, officers, owners, agents, successors, employees and/or representatives, and any and all persons acting in concert with them, from engaging in any further unlawful practices, policies, customs, and usages as set forth herein; (iii) an Order requiring Defendants to initiate and implement programs and policies that (a) remedy the gender discrimination, sexual harassment, and hostile environment at Dartmouth; (b) ensure prompt remedial action regarding all claims of gender discrimination, sexual harassment and hostile environment; and (c) eliminate the continuing effects of the discriminatory and retaliatory practices described herein; (iv) an award of damages to Plaintiffs and the Class under Title of the Education Amendments of 1972 and common law, including compensatory damages and enhanced compensatory damages and/or punitive damages to deter Dartmouth from engaging in similar discriminatory practices in the future; and (v) an award of litigation costs and expenses, including reasonable attorneys\u2019 fees. F. Adequacy of Representation The Class Representatives are adequate representatives of the proposed class. The Class Representatives\u2019 interests are coextensive with those of the members of the proposed class that they seek to represent in this case. The Class Representatives seek to remedy Dartmouth\u2019s hostile environment so female students will not suffer differential treatment, depriving them of educational opportunities and resources. The Class Representatives are willing and able to represent the proposed class fairly and vigorously as they pursue their similar individual claims in this action. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 73 of 85 74 The Class Representatives have retained counsel sufficiently qualified, experienced, and able to conduct this litigation and to meet the time and fiscal demands required to litigate a class action of this size and complexity. The combined interests, experiences, and resources of the Class Representatives and their counsel to litigate competently the individual and class claims at issue in this case clearly satisfy the adequacy of representation requirement of Rule 23(a)(4). G. Requirements of Rule 23(b)(2) Dartmouth has acted or refused to act on grounds generally applicable to the Class Representatives and the proposed class by facilitating a hostile environment and failing to adequately prevent, investigate, or respond with appropriate corrective action to evidence and complaints of hostile environment, sexual harassment, and retaliation by faculty and administrators. Dartmouth\u2019s systemic discrimination and refusals to act on nondiscriminatory grounds justify the requested injunctive and declaratory relief for the Class as a whole. Injunctive, declaratory, and affirmative relief are a predominant form of relief sought in this case. Entitlement to declaratory, injunctive, and affirmative relief flows directly and automatically from proof of the College\u2019s systemic sex discrimination. In turn, entitlement to declaratory, injunctive, and affirmative relief forms the factual and legal predicate for recovery by the Class Representatives and class members of monetary and non-monetary remedies for individual losses caused by the systemic discrimination, as well as their recovery of compensatory and punitive damages. H. Requirements of Rule 23(b)(3) The common issues of fact and law affecting the claims of the Class Representatives and proposed class members\u2014including, but not limited to, the common issues Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 74 of 85 75 identified above\u2014predominate over any issues affecting only individual claims. The common issues include whether Dartmouth has engaged in sex discrimination against female students by facilitating a hostile environment and failing to appropriately handle evidence and complaints of harassment class action is superior to other available means for fairly and efficiently adjudicating the claims of the Class Representatives and members of the proposed class. The cost of proving Dartmouth\u2019s hostile academic environment for female students also makes it impracticable for the Class Representatives and class members to pursue their claims individually. The hostile academic environment at Dartmouth makes the Class Representatives and class members eligible for monetary remedies for losses caused by this systemic discrimination, including back pay, front pay, compensatory damages, and other relief. Additionally, or in the alternative, the Court may grant \u201cpartial\u201d or \u201cissue\u201d certification under Rule 23(c)(4). Resolution of common questions of fact and law would materially advance the litigation for all class members 1972 (On Behalf of All Plaintiffs, Class Representatives and Class Members) Plaintiffs re-allege and incorporate by reference each and every allegation in each and every aforementioned paragraph as if fully set forth herein. This Count is brought on behalf of the Plaintiffs and Class Representatives and all members of the proposed class. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 75 of 85 76 Upon information and belief, at all times relevant to this action, Dartmouth has received, and continues to receive, federal financial assistance. Dartmouth has subjected Plaintiffs, Class Representatives and the members of the proposed class to a sexually hostile educational environment in violation of Title IX. Dartmouth has discriminated against Plaintiffs, Class Representatives and all members of the proposed class by subjecting them to a sexually hostile environment that was sufficiently severe, pervasive, and objectively offensive to interfere with the Plaintiffs\u2019 and the proposed class members\u2019 educational opportunities, undermining and detracting from their school experience. Because of Dartmouth\u2019s failure to implement adequate procedures to detect, monitor, and correct this discrimination and hostile environment, Dartmouth has denied Plaintiffs and members of the proposed class their personal right to work and learn in an environment free of sexual harassment. Dartmouth was on actual notice of the sexual harassment committed by the Department\u2019s professors and the hostile academic environment that the Plaintiffs and class members endured at Dartmouth during the relevant timeframe. Dartmouth has demonstrated deliberate indifference by tolerating, condoning, ratifying, and/or engaging in the hostile work and educational environment and failing to take remedial action. Because of Dartmouth\u2019s unlawful conduct, Plaintiffs and the proposed class members have suffered and will continue to suffer harm, including but not limited to loss of future educational and employment opportunities, humiliation, embarrassment, reputational harm, emotional and physical distress, mental anguish, and other economic damages and non-economic damages. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 76 of 85 77 By reason of the continuous nature of Dartmouth\u2019s unlawful conduct, Plaintiffs and the proposed class members are entitled to the application of the continuing violation doctrine to the unlawful acts alleged herein. Plaintiffs and the proposed class members are entitled to all legal and equitable remedies available for violations of Title IX, including compensatory damages, injunctive relief, attorneys\u2019 fees and costs, and other appropriate relief 1972 U.S.C. \u00a7 1681 et seq. (On Behalf of Plaintiffs, Class Representatives and Class Members) Plaintiffs re-allege and incorporate by reference each and every allegation in each and every aforementioned paragraph as if fully set forth herein. This Count is brought on behalf of the Plaintiffs and Class Representatives and all members of the proposed class. Upon information and belief, at all times relevant to this action, Dartmouth has received, and continues to receive, federal financial assistance. Dartmouth has discriminated against Plaintiffs, Class Representatives and all members of the proposed class by subjecting them to different treatment on the basis of their gender. Plaintiffs and members of the proposed class were treated differently and less favorably than similar-situated male students. Dartmouth subjected Plaintiffs and members of the proposed class to disparate terms and conditions of education in violation of Title IX. Dartmouth\u2019s differential treatment of Plaintiffs and members of the proposed class is a direct and proximate result of gender discrimination. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 77 of 85 78 Dartmouth has failed to prevent, respond to, adequately investigate, and/or appropriately resolve instances of gender discrimination. Dartmouth had actual notice of this discrimination and failed to adequately respond, both before and after the discrimination against Plaintiffs and members of the proposed class occurred, amounting to deliberate indifference. Because of the continuous nature of Dartmouth\u2019s unlawful conduct, Plaintiffs and members of the proposed class have suffered and will continue to suffer harm, including but not limited to loss of future educational and employment opportunities, humiliation, embarrassment, reputational harm, emotional and physical distress, mental anguish, and other economic damages and non-economic damages. Because of the continuous nature of Dartmouth\u2019s unlawful conduct, Plaintiffs and members of the proposed class are entitled to the application of the continuing violation doctrine to the unlawful acts alleged herein. Plaintiffs and the proposed class are entitled to all legal and equitable remedies available for violations of Title IX, including compensatory damages, attorneys\u2019 fees and costs, and other appropriate relief (On Behalf of All Plaintiffs, Class Representatives and Class Members) Plaintiffs re-allege and incorporate by reference each and every allegation in each and every aforementioned paragraph as if fully set forth herein. This Count is brought on behalf of the Plaintiffs and Class Representatives and all members of the proposed class. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 78 of 85 79 Plaintiffs, Class Representatives and the proposed class members are or were enrolled at Dartmouth as undergraduate and/or graduate students in the Department during the liability period. Dartmouth, a New Hampshire post-secondary educational institution, has a fiduciary relationship with the Plaintiffs and the members of the proposed class. Plaintiffs and the proposed class were or are dependent on Dartmouth for their education, and Dartmouth owed them a duty to act in good faith and with due regard for their interests. Dartmouth thus owed Plaintiffs and the proposed class a fiduciary duty to create an environment in which they could pursue their education free from sexual harassment by faculty members. Dartmouth breached the fiduciary duty it owed to Plaintiffs, Class Representatives and the proposed class by tolerating, condoning, ratifying, and/or engaging in the hostile environment, sexual harassment, gender discrimination, and/or retaliation, and failing to take remedial action. Dartmouth failed to adopt and enforce practices and grievance procedures to effectively respond to faculty misconduct that would minimize the danger Plaintiffs and the proposed class would be exposed to sexual harassment by faculty members. Dartmouth failed to act in good faith and with due regard for the interests of Plaintiffs and members of the proposed class, who entrusted Dartmouth with their confidence. Dartmouth knew or should have known that it fostered a hostile academic environment that enabled Heatherton, Kelley, and Whalen to sexually harass Plaintiffs and members of the proposed class. Dartmouth knew that Heatherton, Kelley, and Whalen had a propensity for sexually harassing female students. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 79 of 85 80 The faculty and members of administration responsible for the sexual harassment and hostile environment in the Department were or are employed by Dartmouth and had supervisory authority over the Plaintiffs and proposed class members. Dartmouth\u2019s conduct was wanton, malicious, outrageous, and conducted with full knowledge of the law. Dartmouth exhibited reckless indifference to the foreseeable risks of harm. Because of Dartmouth\u2019s breach of its fiduciary duty owed to Plaintiffs and members of the proposed class, Plaintiffs and members of the proposed class have suffered and will continue to suffer harm, including but not limited to loss of future educational and employment opportunities, humiliation, embarrassment, reputational harm, emotional and physical distress, mental anguish, and other economic damages and non-economic damages. Plaintiffs and members of the proposed class have suffered and continue to suffer damages and injuries for which Dartmouth is liable under state law (On Behalf of Plaintiffs, Class Representatives and Class Members) Plaintiffs re-allege and incorporate by reference each and every allegation in each and every aforementioned paragraph as if fully set forth herein. Dartmouth owed Plaintiffs, Class Representatives and members of the proposed class a duty of care to protect them from sexual harassment, which was unwarranted, unwanted and improper. Dartmouth breached its duty in its training, supervision and retention of Kelley, Whalen, and Heatherton, employees that Dartmouth knew, or in the exercise of reasonable care should have known, were unfit to work with and supervise young, female students. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 80 of 85 81 As a direct and proximate result of Dartmouth\u2019s breach of its duty, Plaintiffs and members of the proposed class were subjected to sexual harassment by Kelley, Whalen, and Heatherton. Plaintiffs, Class Representatives and members of the proposed class suffered damages and injuries for which Dartmouth is liable under state law 1972 20 U.S.C. \u00a7 1681 et seq. (On Behalf of All Plaintiffs) Plaintiffs re-allege and incorporate by reference each and every allegation in each and every aforementioned paragraph as if fully set forth herein. This Count is brought on behalf of all Plaintiffs. Upon information and belief, at all times relevant to this action, Dartmouth has received, and continues to receive, federal financial assistance. Dartmouth has discriminated against Plaintiffs by creating and maintaining a hostile educational environment in violation of Title IX. The hostile environment endured by the Plaintiffs was sufficiently severe, pervasive, and objectively offensive to interfere with the Plaintiffs\u2019 educational opportunities, undermining and detracting from their school experience. Plaintiffs were subjected to unwelcome quid pro quo sexual harassment based on their sex. They were subjected to unwelcome sexual conduct, including sexual comments, unwanted sexual advances, and unwanted touching. Plaintiffs were expected to submit to this unwelcome sexual conduct in exchange for favorable academic treatment, including mentoring time, research assistance, grades, and other academic opportunities. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 81 of 85 82 Dartmouth had actual notice of this conduct by Heatherton, Kelley, and Whalen, and was deliberately indifferent to this harassment, both before and after the harassment of Plaintiffs occurred. Such deliberate indifference places Plaintiffs and other students at risk of sexual harassment. By reason of the continuous nature of Dartmouth\u2019s unlawful conduct, Plaintiffs have suffered and will continue to suffer harm, including but not limited to loss of future educational and employment opportunities, humiliation, embarrassment, reputational harm, emotional and physical distress, mental anguish, and other economic damages and non-economic damages. By reason of the continuous nature of Dartmouth\u2019s unlawful conduct, Plaintiffs are entitled to the application of the continuing violation doctrine to the unlawful acts alleged herein. Plaintiffs are entitled to all legal and equitable remedies available for violations of Title IX, including compensatory damages, attorneys\u2019 fees and costs, and other appropriate relief 1972 20 U.S.C. \u00a7 1681 et seq. (On Behalf of Plaintiffs Chauhan, Brietzke, Brown, Evans, and Doe) Plaintiffs re-allege and incorporate by reference each and every allegation in each and every aforementioned paragraph as if fully set forth herein. This Count is brought on behalf of Plaintiffs Chauhan, Brietzke, Brown, Evans, and Doe. Upon information and belief, at all times relevant to this action, Dartmouth has received, and continues to receive, federal financial assistance. Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 82 of 85 83 Plaintiffs Chauhan, Brietzke, Brown, Evans, and Doe engaged in protected activity by participating in the Title complaint and investigation. Dartmouth knew that these Plaintiffs engaged in this protected activity and subsequently undertook actions disadvantageous to them, including denying reasonable accommodations, expulsion, unwarranted grades of \u201cfail,\u201d and convening a meeting of all students in the Department to publicly denounce the victims of the investigation retaliatory animus substantially motivated Dartmouth to take these adverse actions. Dartmouth\u2019s differential treatment of these Plaintiffs is a direct and proximate result of the protected activity they undertook. Because of the continuous nature of Dartmouth\u2019s unlawful conduct, Plaintiffs have suffered and will continue to suffer harm, including but not limited to loss of future educational and employment opportunities, humiliation, embarrassment, reputational harm, emotional and physical distress, mental anguish, and other economic damages and non-economic damages. Because of the continuous nature of Dartmouth\u2019s unlawful conduct, Plaintiffs are entitled to the application of the continuing violation doctrine to the unlawful acts alleged herein. Plaintiffs are entitled to all legal and equitable remedies available for violations of Title IX, including compensatory damages, attorneys\u2019 fees and costs, and other appropriate relief WHEREFORE, Plaintiffs and Class Representatives, on their own behalf and on behalf of the proposed class, pray that this Court grant the following relief: A. Certification of this case as a class action under Federal Rule of Civil Procedure 23 on behalf of the proposed Plaintiff Class, designation of the proposed Class Representatives as representatives of this Class, and designation of Plaintiffs\u2019 counsel of record as Class Counsel; Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 83 of 85 84 declaratory judgment that Dartmouth\u2019s policies, practices and/or procedures challenged herein are illegal and in violation of the rights of Class Representatives and class members under, inter alia, Title and the applicable New Hampshire state laws permanent injunction against Dartmouth and its officers, owners, agents, successors, employees and/or representatives, and any and all persons acting in concert with them, from engaging in any further unlawful practices, policies, customs, and usages as set forth herein; D. An Order requiring Defendants to initiate and implement programs and policies that (i) remedy the gender discrimination, sexual harassment, and hostile environment at Dartmouth; (ii) ensure prompt remedial action regarding all claims of gender discrimination, sexual harassment and hostile environment; and (iii) eliminate the continuing effects of the discriminatory and retaliatory practices described herein; E. An award of damages to Plaintiffs and the Class under Title of the Education Amendments of 1972 and common law, including compensatory damages and punitive damages, in an amount not less than $70,000,000; F. An award of litigation costs and expenses, including reasonable attorneys\u2019 fees to the Plaintiffs; G. An award of pre-judgment interest and post-judgment interest available under law; and H. Such additional and further relief as this Court may deem just and proper Plaintiffs demand a trial by jury on all issues triable of right by jury. Dated: May 1, 2019 Respectfully submitted, Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 84 of 85 85 /s/ Deborah K. Marcuse Deborah K. Marcuse (admitted pro hac vice) Steven J. Kelley (admitted pro hac vice) Austin L. Webbert (admitted pro hac vice 111 S. Calvert Street, Suite 1950 Baltimore 21202 Telephone: (410) 834-7420 Facsimile: (410) 834-7425 [email protected] [email protected] David W. Sanford (admitted pro hac vice) Nicole E. Wiitala (admitted pro hac vice 1350 Avenue of the Americas, 31st Floor New York, New York 10019 Telephone: (646) 402-5650 Facsimile: (646) 402-5651 [email protected] [email protected] -- and -- Charles G. Douglas Bar #669 & GARVEY, P.C. 14 South Street, Suite 5 Concord 03301 Telephone: (603) 224-1988 Fax: (603) 229-1988 [email protected] Attorneys for Plaintiffs and the Proposed Class Case 1:18-cv-01070 Document 28 Filed 05/01/19 Page 85 of 85", "7307_103.pdf": "( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 1/79 William Kelley is one of 262 celebrities, politicians, CEOs, and others who have been accused of sexual misconduct since April 2017 DOM\u00cdNGUEZ C\u00c1RDENAS D\u00cdAZ 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 2/79 Updated: Jan. 9, 2019 Update July 16, 2021: This list was created in 2017 as a way to represent the scope of the Me Too movement. Though the list, compiled from news reports, could never be exhaustive, the goal was to document the range of people across industries who were the subject of sexual misconduct reports. The list was updated periodically until February 2020; it has not been updated since then. In the intervening period, some of the people on this list have faced legal or professional consequences, while in other cases, further action was not supported or taken. While the Me Too movement continues to have an impact, this list is not an ongoing record of allegations and their outcomes; rather, it is meant as a snapshot of a particular moment in time. The list was updated periodically until February 2020, and is no longer being updated regularly. Harvey Weinstein. Mario Batali. Louis C.K. As the Me Too movement gained prominence, more than 250 powerful people \u2014 celebrities ( spacey-sexual-assault-allegations-house-of-cards), politicians ( moore-republican-party), CEOs ( sexual-misconduct-terdema-ussery-earl-k-sneed-mark-cuban), and others \u2014 were the subject of sexual harassment ( politics/2017/4/19/15361182/bill-oreilly-fox-harassment-allegations-fired), assault ( weinstein-sexual-harassment-assault-accusations), or other misconduct ( thrush-new-york-times) allegations. At the movement\u2019s height, more survivors came forward nearly every day, many of them inspired and emboldened by those who had gone before. Vox compiled a list of influential people from a variety of industries who faced new public accusations of sexual misconduct after Fox News host Bill O\u2019Reilly was forced to resign in April 2017. The list was updated periodically until January 2019, and is no longer being updated regularly. We decided to start our list with O\u2019Reilly because his departure from Fox helped set the stage for reports against Harvey Weinstein \u2014 which, in turn, helped raise awareness around the Me Too movement ( harvey-weinstein-harassment-assault) and kick off the reckoning around sexual misconduct that continues to this day, in Hollywood ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 3/79 harassment-hollywood-metoo), Washington ( and-politics/2018/1/30/16933376/congress-sexual-harassment-fix-bill), and around the country. Many (though not all) of the people accused have denied the allegations. Some say the reported behavior never happened, while others argue that their behavior was not intended to be sexual. Those who reported they were harassed, assaulted, or subjected to misconduct, however, have often said it affected them deeply, leaving some with lasting trauma and sometimes forcing them from their chosen careers. The Me Too movement and its impact ( movement-sexual-harassment-law-2019) are ongoing, and the list below is only a snapshot of the allegations that became public during a particular moment in time. Click to view the accused in the following fields: Arts & Entertainment 101 Media 57 Business & Tech 18 Politics 46 Other 40 Arts & Entertainment There are 101 people in this category. Select a name or scroll down to view all: Publicly reported December 2018 Frankie Shaw (/a/sexual-harassment-assault-allegations-list/frankie-shaw) Michael Weatherly (/a/sexual-harassment-assault-allegations-list/michael-weatherly) September 2018 Steven Wilder Striegel (/a/sexual-harassment-assault-allegations-list/steven-wilder-striegel) August 2018 Gerard Depardieu (/a/sexual-harassment-assault-allegations-list/gerard-depardieu) Chase Finlay (/a/sexual-harassment-assault-allegations-list/chase-finlay) Asia Argento (/a/sexual-harassment-assault-allegations-list/asia-argento) July 2018 Rick Day (/a/sexual-harassment-assault-allegations-list/rick-day) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 4/79 June 2018 Chris Hardwick (/a/sexual-harassment-assault-allegations-list/chris-hardwick) May 2018 Morgan Freeman (/a/sexual-harassment-assault-allegations-list/morgan-freeman) Luc Besson (/a/sexual-harassment-assault-allegations-list/luc-besson) Boyd Tinsley (/a/sexual-harassment-assault-allegations-list/boyd-tinsley) Ameer Vann (/a/sexual-harassment-assault-allegations-list/ameer-vann) Junot D\u00edaz (/a/sexual-harassment-assault-allegations-list/junot-diaz) April 2018 Allison Mack (/a/sexual-harassment-assault-allegations-list/allison-mack) Nicholas Nixon (/a/sexual-harassment-assault-allegations-list/nicholas-nixon) March 2018 John Kricfalusi (/a/sexual-harassment-assault-allegations-list/john-kricfalusi) Sherman Alexie (/a/sexual-harassment-assault-allegations-list/sherman-alexie) February 2018 Jeff Franklin (/a/sexual-harassment-assault-allegations-list/jeff-franklin) Philip Berk (/a/sexual-harassment-assault-allegations-list/philip-berk) Daniel Handler (/a/sexual-harassment-assault-allegations-list/daniel-handler) Patrick Demarchelier (/a/sexual-harassment-assault-allegations-list/patrick-demarchelier) Seth Sabal (/a/sexual-harassment-assault-allegations-list/seth-sabal) Andre Passos (/a/sexual-harassment-assault-allegations-list/andre-passos) Greg Kadel (/a/sexual-harassment-assault-allegations-list/greg-kadel) David Bellemere (/a/sexual-harassment-assault-allegations-list/david-bellemere) Karl Templer (/a/sexual-harassment-assault-allegations-list/karl-templer) Vincent Cirrincione (/a/sexual-harassment-assault-allegations-list/vincent-cirrincione) Paul Marciano (/a/sexual-harassment-assault-allegations-list/paul-marciano) January 2018 Charlie Walk (/a/sexual-harassment-assault-allegations-list/charlie-walk) Scott Baio (/a/sexual-harassment-assault-allegations-list/scott-baio) David Copperfield (/a/sexual-harassment-assault-allegations-list/david-copperfield) Barry Lubin (/a/sexual-harassment-assault-allegations-list/barry-lubin) Michael Douglas (/a/sexual-harassment-assault-allegations-list/michael-douglas) Joel Kramer (/a/sexual-harassment-assault-allegations-list/joel-kramer) Bruce Weber (/a/sexual-harassment-assault-allegations-list/bruce-weber) Mario Testino (/a/sexual-harassment-assault-allegations-list/mario-testino) Aziz Ansari (/a/sexual-harassment-assault-allegations-list/aziz-ansari) James Franco (/a/sexual-harassment-assault-allegations-list/james-franco) Stan Lee (/a/sexual-harassment-assault-allegations-list/stan-lee) Ben Vereen (/a/sexual-harassment-assault-allegations-list/ben-vereen) Paul Haggis (/a/sexual-harassment-assault-allegations-list/paul-haggis) Albert Schultz (/a/sexual-harassment-assault-allegations-list/albert-schultz) Dan Harmon (/a/sexual-harassment-assault-allegations-list/dan-harmon) December 2017 Dustin Marshall (/a/sexual-harassment-assault-allegations-list/dustin-marshall) T.J. Miller (/a/sexual-harassment-assault-allegations-list/t-j-miller) Morgan Spurlock (/a/sexual-harassment-assault-allegations-list/morgan-spurlock) Jon Heely (/a/sexual-harassment-assault-allegations-list/jon-heely) Melanie Martinez (/a/sexual-harassment-assault-allegations-list/melanie-martinez) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 5/79 Bryan Singer (/a/sexual-harassment-assault-allegations-list/bryan-singer) Peter Martins (/a/sexual-harassment-assault-allegations-list/peter-martins) James Levine (/a/sexual-harassment-assault-allegations-list/james-levine) November 2017 Israel Horovitz (/a/sexual-harassment-assault-allegations-list/israel-horovitz) Geoffrey Rush (/a/sexual-harassment-assault-allegations-list/geoffrey-rush) Jean-Claude Arnault (/a/sexual-harassment-assault-allegations-list/jean-claude-arnault) John Lasseter (/a/sexual-harassment-assault-allegations-list/john-lasseter) Murray Miller (/a/sexual-harassment-assault-allegations-list/murray-miller) Sylvester Stallone (/a/sexual-harassment-assault-allegations-list/sylvester-stallone) Ron Jeremy (/a/sexual-harassment-assault-allegations-list/ron-jeremy) Andy Henry (/a/sexual-harassment-assault-allegations-list/andy-henry) Jesse Lacey (/a/sexual-harassment-assault-allegations-list/jesse-lacey) Tom Sizemore (/a/sexual-harassment-assault-allegations-list/tom-sizemore) Mark Schwahn (/a/sexual-harassment-assault-allegations-list/mark-schwahn) Peter Aalb\u00e6k Jensen (/a/sexual-harassment-assault-allegations-list/peter-aalbaek-jensen) Eddie Berganza (/a/sexual-harassment-assault-allegations-list/eddie-berganza) Richard Dreyfuss (/a/sexual-harassment-assault-allegations-list/richard-dreyfuss) Gary Goddard (/a/sexual-harassment-assault-allegations-list/gary-goddard) Andrew Kreisberg (/a/sexual-harassment-assault-allegations-list/andrew-kreisberg) George Takei (/a/sexual-harassment-assault-allegations-list/george-takei) Steven Seagal (/a/sexual-harassment-assault-allegations-list/steven-seagal) Louis C.K. (/a/sexual-harassment-assault-allegations-list/louis-c-k) Matthew Weiner (/a/sexual-harassment-assault-allegations-list/matthew-weiner) Russell Simmons (/a/sexual-harassment-assault-allegations-list/russell-simmons) Robert Knepper (/a/sexual-harassment-assault-allegations-list/robert-knepper) Jeffrey Tambor (/a/sexual-harassment-assault-allegations-list/jeffrey-tambor) Ed Westwick (/a/sexual-harassment-assault-allegations-list/ed-westwick) Adam Venit (/a/sexual-harassment-assault-allegations-list/adam-venit) Danny Masterson (/a/sexual-harassment-assault-allegations-list/danny-masterson) Nick Carter (/a/sexual-harassment-assault-allegations-list/nick-carter) Brett Ratner (/a/sexual-harassment-assault-allegations-list/brett-ratner) Dustin Hoffman (/a/sexual-harassment-assault-allegations-list/dustin-hoffman) October 2017 Andy Dick (/a/sexual-harassment-assault-allegations-list/andy-dick) Jeremy Piven (/a/sexual-harassment-assault-allegations-list/jeremy-piven) Kevin Spacey (/a/sexual-harassment-assault-allegations-list/kevin-spacey) Kirt Webster (/a/sexual-harassment-assault-allegations-list/kirt-webster) Ken Baker (/a/sexual-harassment-assault-allegations-list/ken-baker) Ethan Kath (/a/sexual-harassment-assault-allegations-list/ethan-kath) James Toback (/a/sexual-harassment-assault-allegations-list/james-toback) David Blaine (/a/sexual-harassment-assault-allegations-list/david-blaine) Chris Savino (/a/sexual-harassment-assault-allegations-list/chris-savino) Bob Weinstein (/a/sexual-harassment-assault-allegations-list/bob-weinstein) Tyler Grasham (/a/sexual-harassment-assault-allegations-list/tyler-grasham) Lars von Trier (/a/sexual-harassment-assault-allegations-list/lars-von-trier) Roy Price (/a/sexual-harassment-assault-allegations-list/roy-price) Oliver Stone (/a/sexual-harassment-assault-allegations-list/oliver-stone) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 6/79 Ben Affleck (/a/sexual-harassment-assault-allegations-list/ben-affleck) Nelly (/a/sexual-harassment-assault-allegations-list/nelly) Harvey Weinstein (/a/sexual-harassment-assault-allegations-list/harvey-weinstein) August 2017 Hadrian Belove (/a/sexual-harassment-assault-allegations-list/hadrian-belove) Shadie Elnashai (/a/sexual-harassment-assault-allegations-list/shadie-elnashai) Roman Polanski (/a/sexual-harassment-assault-allegations-list/roman-polanski) July 2017 Robert \"R.\" Kelly (/a/sexual-harassment-assault-allegations-list/robert-r-kelly) Media There are 57 people in this category. Select a name or scroll down to view all: Publicly reported August 2018 Les Moonves (/a/sexual-harassment-assault-allegations-list/les-moonves) July 2018 Kimberly Guilfoyle (/a/sexual-harassment-assault-allegations-list/kimberly-guilfoyle) Antonin Kratochvil (/a/sexual-harassment-assault-allegations-list/antonin-kratochvil) Christian Rodriguez (/a/sexual-harassment-assault-allegations-list/christian-rodriguez) April 2018 Tom Brokaw (/a/sexual-harassment-assault-allegations-list/tom-brokaw) March 2018 Michael Ferro (/a/sexual-harassment-assault-allegations-list/michael-ferro) February 2018 Alex Jones (/a/sexual-harassment-assault-allegations-list/alex-jones) Ryan Seacrest (/a/sexual-harassment-assault-allegations-list/ryan-seacrest) Daniel Zwerdling (/a/sexual-harassment-assault-allegations-list/daniel-zwerdling) January 2018 Patrick Witty (/a/sexual-harassment-assault-allegations-list/patrick-witty) Dayan Candappa (/a/sexual-harassment-assault-allegations-list/dayan-candappa) Robert Moore (/a/sexual-harassment-assault-allegations-list/robert-moore) Ross Levinsohn (/a/sexual-harassment-assault-allegations-list/ross-levinsohn) James Rosen (/a/sexual-harassment-assault-allegations-list/james-rosen) Kevin Braun (/a/sexual-harassment-assault-allegations-list/kevin-braun) Steve Butts (/a/sexual-harassment-assault-allegations-list/steve-butts) H. Brandt Ayers (/a/sexual-harassment-assault-allegations-list/h-brandt-ayers) December 2017 Adrian Carrasquillo (/a/sexual-harassment-assault-allegations-list/adrian-carrasquillo) Andrew Creighton (/a/sexual-harassment-assault-allegations-list/andrew-creighton) Mike Germano (/a/sexual-harassment-assault-allegations-list/mike-germano) Rhys James (/a/sexual-harassment-assault-allegations-list/rhys-james) Jason Mojica (/a/sexual-harassment-assault-allegations-list/jason-mojica) Don Hazen (/a/sexual-harassment-assault-allegations-list/don-hazen) Leonard Lopate (/a/sexual-harassment-assault-allegations-list/leonard-lopate) Jonathan Schwartz (/a/sexual-harassment-assault-allegations-list/jonathan-schwartz) Tavis Smiley (/a/sexual-harassment-assault-allegations-list/tavis-smiley) Ryan Lizza (/a/sexual-harassment-assault-allegations-list/ryan-lizza) Marshall Faulk (/a/sexual-harassment-assault-allegations-list/marshall-faulk) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 7/79 Ike Taylor (/a/sexual-harassment-assault-allegations-list/ike-taylor) Heath Evans (/a/sexual-harassment-assault-allegations-list/heath-evans) Eric Weinberger (/a/sexual-harassment-assault-allegations-list/eric-weinberger) Donovan McNabb (/a/sexual-harassment-assault-allegations-list/donovan-mcnabb) Tom Ashbrook (/a/sexual-harassment-assault-allegations-list/tom-ashbrook) Dylan Howard (/a/sexual-harassment-assault-allegations-list/dylan-howard) Lorin Stein (/a/sexual-harassment-assault-allegations-list/lorin-stein) John Hockenberry (/a/sexual-harassment-assault-allegations-list/john-hockenberry) November 2017 Matt Lauer (/a/sexual-harassment-assault-allegations-list/matt-lauer) Garrison Keillor (/a/sexual-harassment-assault-allegations-list/garrison-keillor) Charlie Rose (/a/sexual-harassment-assault-allegations-list/charlie-rose) Glenn Thrush (/a/sexual-harassment-assault-allegations-list/glenn-thrush) Matt Zimmerman (/a/sexual-harassment-assault-allegations-list/matt-zimmerman) Kaj Larsen (/a/sexual-harassment-assault-allegations-list/kaj-larsen) Vince Ingenito (/a/sexual-harassment-assault-allegations-list/vince-ingenito) Jann Wenner (/a/sexual-harassment-assault-allegations-list/jann-wenner) Michael Hafford (/a/sexual-harassment-assault-allegations-list/michael-hafford) David Corn (/a/sexual-harassment-assault-allegations-list/david-corn) October 2017 Michael Oreskes (/a/sexual-harassment-assault-allegations-list/michael-oreskes) Hamilton Fish (/a/sexual-harassment-assault-allegations-list/hamilton-fish) Mark Halperin (/a/sexual-harassment-assault-allegations-list/mark-halperin) Leon Wieseltier (/a/sexual-harassment-assault-allegations-list/leon-wieseltier) Knight Landesman (/a/sexual-harassment-assault-allegations-list/knight-landesman) Lockhart Steele (/a/sexual-harassment-assault-allegations-list/lockhart-steele) September 2017 Harry Knowles (/a/sexual-harassment-assault-allegations-list/harry-knowles) Charles Payne (/a/sexual-harassment-assault-allegations-list/charles-payne) August 2017 Eric Bolling (/a/sexual-harassment-assault-allegations-list/eric-bolling) April 2017 Sean Hannity (/a/sexual-harassment-assault-allegations-list/sean-hannity) Bill O'Reilly (/a/sexual-harassment-assault-allegations-list/bill-o-reilly) Business & Tech There are 18 people in this category. Select a name or scroll down to view all: Publicly reported October 2018 Andy Rubin (/a/sexual-harassment-assault-allegations-list/andy-rubin) Richard DeVaul (/a/sexual-harassment-assault-allegations-list/richard-devaul) Amit Singhal (/a/sexual-harassment-assault-allegations-list/amit-singhal) August 2018 Demos Parneros (/a/sexual-harassment-assault-allegations-list/demos-parneros) February 2018 Terdema Ussery (/a/sexual-harassment-assault-allegations-list/terdema-ussery) January 2018 Steve Wynn (/a/sexual-harassment-assault-allegations-list/steve-wynn) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 8/79 December 2017 Max Ogden (/a/sexual-harassment-assault-allegations-list/max-ogden) Harold Ford Jr. (/a/sexual-harassment-assault-allegations-list/harold-ford-jr) Sam Isaly (/a/sexual-harassment-assault-allegations-list/sam-isaly) November 2017 Shervin Pishevar (/a/sexual-harassment-assault-allegations-list/shervin-pishevar) Howie Rubin (/a/sexual-harassment-assault-allegations-list/howie-rubin) October 2017 Caleb Jennings (/a/sexual-harassment-assault-allegations-list/caleb-jennings) Robert Scoble (/a/sexual-harassment-assault-allegations-list/robert-scoble) Scott Courtney (/a/sexual-harassment-assault-allegations-list/scott-courtney) June 2017 Chris Sacca (/a/sexual-harassment-assault-allegations-list/chris-sacca) Dave McClure (/a/sexual-harassment-assault-allegations-list/dave-mcclure) Justin Caldbeck (/a/sexual-harassment-assault-allegations-list/justin-caldbeck) Travis Kalanick (/a/sexual-harassment-assault-allegations-list/travis-kalanick) Politics There are 46 people in this category. Select a name or scroll down to view all: Publicly reported November 2018 Eric Bauman (/a/sexual-harassment-assault-allegations-list/eric-bauman) October 2018 Albert J. Alvarez (/a/sexual-harassment-assault-allegations-list/albert-j-alvarez) September 2018 Charles Schwertner (/a/sexual-harassment-assault-allegations-list/charles-schwertner) Brett Kavanaugh (/a/sexual-harassment-assault-allegations-list/brett-kavanaugh) David Keyes (/a/sexual-harassment-assault-allegations-list/david-keyes) August 2018 Tom Frieden (/a/sexual-harassment-assault-allegations-list/tom-frieden) Nick Sauer (/a/sexual-harassment-assault-allegations-list/nick-sauer) July 2018 Corey Coleman (/a/sexual-harassment-assault-allegations-list/corey-coleman) Mel Watt (/a/sexual-harassment-assault-allegations-list/mel-watt) Curtis Hill (/a/sexual-harassment-assault-allegations-list/curtis-hill) May 2018 Eric Schneiderman (/a/sexual-harassment-assault-allegations-list/eric-schneiderman) Clay Johnson (/a/sexual-harassment-assault-allegations-list/clay-johnson) April 2018 Tony C\u00e1rdenas (/a/sexual-harassment-assault-allegations-list/tony-cardenas) Benton Strong (/a/sexual-harassment-assault-allegations-list/benton-strong) Benjamin Sparks (/a/sexual-harassment-assault-allegations-list/benjamin-sparks) February 2018 Nicholas Kettle (/a/sexual-harassment-assault-allegations-list/nicholas-kettle) Ed Crane (/a/sexual-harassment-assault-allegations-list/ed-crane) Cristina Garcia (/a/sexual-harassment-assault-allegations-list/cristina-garcia) January 2018 Burns Strider (/a/sexual-harassment-assault-allegations-list/burns-strider) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 9/79 Patrick Meehan (/a/sexual-harassment-assault-allegations-list/patrick-meehan) Jeffrey Klein (/a/sexual-harassment-assault-allegations-list/jeffrey-klein) Eric Greitens (/a/sexual-harassment-assault-allegations-list/eric-greitens) December 2017 Corey Lewandowski (/a/sexual-harassment-assault-allegations-list/corey-lewandowski) Andrea Ramsey (/a/sexual-harassment-assault-allegations-list/andrea-ramsey) Bobby Scott (/a/sexual-harassment-assault-allegations-list/bobby-scott) Ed Murray (/a/sexual-harassment-assault-allegations-list/ed-murray) Dan Johnson (/a/sexual-harassment-assault-allegations-list/dan-johnson) Alex Kozinski (/a/sexual-harassment-assault-allegations-list/alex-kozinski) Trent Franks (/a/sexual-harassment-assault-allegations-list/trent-franks) Borris Miles (/a/sexual-harassment-assault-allegations-list/borris-miles) Carlos Uresti (/a/sexual-harassment-assault-allegations-list/carlos-uresti) Matt Dababneh (/a/sexual-harassment-assault-allegations-list/matt-dababneh) Rub\u00e9n Kihuen (/a/sexual-harassment-assault-allegations-list/ruben-kihuen) November 2017 Blake Farenthold (/a/sexual-harassment-assault-allegations-list/blake-farenthold) John Conyers (/a/sexual-harassment-assault-allegations-list/john-conyers) Wesley Goodman (/a/sexual-harassment-assault-allegations-list/wesley-goodman) Al Franken (/a/sexual-harassment-assault-allegations-list/al-franken) Jeff Kruse (/a/sexual-harassment-assault-allegations-list/jeff-kruse) Calvin Smyre (/a/sexual-harassment-assault-allegations-list/calvin-smyre) Steve Lebsock (/a/sexual-harassment-assault-allegations-list/steve-lebsock) Roy Moore (/a/sexual-harassment-assault-allegations-list/roy-moore) Dwayne Duron Marshall (/a/sexual-harassment-assault-allegations-list/dwayne-duron-marshall) Tony Mendoza (/a/sexual-harassment-assault-allegations-list/tony-mendoza) October 2017 Raul Bocanegra (/a/sexual-harassment-assault-allegations-list/raul-bocanegra) George H.W. Bush (/a/sexual-harassment-assault-allegations-list/george-h-w-bush) Donald Trump (/a/sexual-harassment-assault-allegations-list/donald-trump) Other There are 40 people in this category. Select a name or scroll down to view all: Publicly reported September 2018 Cody Wilson (/a/sexual-harassment-assault-allegations-list/cody-wilson) August 2018 Ron Carlson (/a/sexual-harassment-assault-allegations-list/ron-carlson) Avital Ronell (/a/sexual-harassment-assault-allegations-list/avital-ronell) June 2018 Francisco Ayala (/a/sexual-harassment-assault-allegations-list/francisco-ayala) Mark Mellor (/a/sexual-harassment-assault-allegations-list/mark-mellor) May 2018 Roland G. Fryer, Jr. (/a/sexual-harassment-assault-allegations-list/roland-g-fryer-jr) George Tyndall (/a/sexual-harassment-assault-allegations-list/george-tyndall) April 2018 William Jacoby (/a/sexual-harassment-assault-allegations-list/william-jacoby) March 2018 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 10/79 William Strampel (/a/sexual-harassment-assault-allegations-list/william-strampel) Keith Raniere (/a/sexual-harassment-assault-allegations-list/keith-raniere) Bill Hybels (/a/sexual-harassment-assault-allegations-list/bill-hybels) Robert Reece (/a/sexual-harassment-assault-allegations-list/robert-reece) Mike Isabella (/a/sexual-harassment-assault-allegations-list/mike-isabella) February 2018 Jorge Dom\u00ednguez (/a/sexual-harassment-assault-allegations-list/jorge-dominguez) Lawrence Krauss (/a/sexual-harassment-assault-allegations-list/lawrence-krauss) Michael Feinberg (/a/sexual-harassment-assault-allegations-list/michael-feinberg) Earl K. Sneed (/a/sexual-harassment-assault-allegations-list/earl-k-sneed) Sean Hutchison (/a/sexual-harassment-assault-allegations-list/sean-hutchison) Alec Klein (/a/sexual-harassment-assault-allegations-list/alec-klein) January 2018 Paul Shapiro (/a/sexual-harassment-assault-allegations-list/paul-shapiro) Wayne Pacelle (/a/sexual-harassment-assault-allegations-list/wayne-pacelle) John Kenneally (/a/sexual-harassment-assault-allegations-list/john-kenneally) Mohamed Muqtar (/a/sexual-harassment-assault-allegations-list/mohamed-muqtar) Jeremy Tooker (/a/sexual-harassment-assault-allegations-list/jeremy-tooker) Andy Savage (/a/sexual-harassment-assault-allegations-list/andy-savage) December 2017 Charlie Hallowell (/a/sexual-harassment-assault-allegations-list/charlie-hallowell) Brad Kern (/a/sexual-harassment-assault-allegations-list/brad-kern) Ken Friedman (/a/sexual-harassment-assault-allegations-list/ken-friedman) Mario Batali (/a/sexual-harassment-assault-allegations-list/mario-batali) November 2017 Larry Nassar (/a/sexual-harassment-assault-allegations-list/larry-nassar) Andr\u00e9 Balazs (/a/sexual-harassment-assault-allegations-list/andre-balazs) October 2017 Todd Heatherton (/a/sexual-harassment-assault-allegations-list/todd-heatherton) William Kelley (/a/sexual-harassment-assault-allegations-list/william-kelley) Paul Whalen (/a/sexual-harassment-assault-allegations-list/paul-whalen) Erick Guerrero (/a/sexual-harassment-assault-allegations-list/erick-guerrero) John Besh (/a/sexual-harassment-assault-allegations-list/john-besh) David Marchant (/a/sexual-harassment-assault-allegations-list/david-marchant) September 2017 T. Florian Jaeger (/a/sexual-harassment-assault-allegations-list/t-florian-jaeger) April 2017 Cristiano Ronaldo (/a/sexual-harassment-assault-allegations-list/cristiano-ronaldo) October 2014 Neil deGrasse Tyson (/a/sexual-harassment-assault-allegations-list/neil-degrasse-tyson) Back to 1 / 101 Frankie Shaw (/a/sexual-harassment-assault-allegations- list/frankie-shaw) Creator and star, Showtime's Publicly reported December 17, 2018 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 11/79 Multiple staffers have said she mishandled sex scenes, and one says she took off her own shirt in a dispute over onscreen nudity. Sources/more info: 1 ( \u201cShe uses this idea of being feminist and a progressive as camouflage.\u201d \u2014 anonymous staffer ( claims-1170077) Michael Weatherly (/a/sexual-harassment-assault-allegations- list/michael-weatherly) Actor, CBS's Bull Publicly reported December 13, 2018 co-star says he made inappropriate comments to her, including a rape joke. After she confronted him, she was written off the show. Sources/more info: 1 ( \u201cMy story is true and it\u2019s really affected me.\u201d \u2014 Eliza Dushku, actress ( harassment.html) Steven Wilder Striegel (/a/sexual-harassment-assault- allegations-list/steven-wilder-striegel) Actor Publicly reported September 6, 2018 woman has said he sexually abused her when she was 14. He pleaded guilty to two felonies in 2010 in connection with the allegations, and served six months in jail. 20th Century Fox has deleted a scene featuring him from The Predator. Sources/more info: 1 ( 2 ( story.html have no shame for what was done to me am not the one who needs to carry that shame.\u201d \u2014 Paige Carnes, who reported that Striegel abused her ( 20180912-story.html) Gerard Depardieu (/a/sexual-harassment-assault-allegations- list/gerard-depardieu) Actor Publicly reported August 30, 2018 An actress has said he raped her. French authorities are investigating. Sources/more info: 1 ( 2 ( \u201cThe actress told police she had been assaulted by the actor twice this month at Depardieu\u2019s home in Paris.\u201d \u2014 the New York Magazine vertical The Cut ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 12/79 Chase Finlay (/a/sexual-harassment-assault-allegations- list/chase-finlay) Former principal dancer, New York City Ballet Publicly reported August 28, 2018 woman said he shared naked pictures of her without her consent. He has left the New York City Ballet. Sources/more info: 1 ( 2 ( \u201c[Finlay] had been secretly recording and saving explicit photographs and videos of [Alexandra Waterbury] while she was without clothing and/or while the two were engaged in sexual activities.\u201d \u2014 lawsuit filed by Alexandra Waterbury against New York City Ballet ( Asia Argento (/a/sexual-harassment-assault-allegations- list/asia-argento) Actress, director, #MeToo advocate Publicly reported August 19, 2018 man says she sexually assaulted him when he was 17. She has been fired from Factor Italy. Sources/more info: 1 ( 2 ( utm_source=twitter) 3 ( \u201cMy trauma resurfaced as she came out as a victim herself.\u201d \u2014 Jimmy Bennett, actor ( assault-claim-1136667?utm_source=twitter) Rick Day (/a/sexual-harassment-assault-allegations-list/rick- day) Photographer Publicly reported July 24, 2018 Multiple men have reported sexual assault or other sexual misconduct by Day during photo shoots. Sources/more info: 1 ( 2 ( [Day] \u201cgot way too handsy on just about every part of my body.\u201d \u2014 Zach Zakar, model ( assault/#gs.Eq88fT8) Chris Hardwick (/a/sexual-harassment-assault-allegations- list/chris-hardwick) Co-founder, Nerdist; host, Talking with Chris Hardwick Publicly reported June 14, 2018 woman has said he sexually assaulted and emotionally abused her suspended his show, but has reinstated it after an investigation. 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 13/79 Sources/more info: 1 ( 2 ( 3 ( \u201cI\u2019m still recovering from being sexually used.\u201d \u2014 Chloe Dykstra, actress ( Morgan Freeman (/a/sexual-harassment-assault-allegations- list/morgan-freeman) Actor; co-founder, Revelations Entertainment Publicly reported May 24, 2018 Eight women have alleged sexual harassment and \u201cinappropriate behavior,\u201d including sexually charged remarks and unwanted touching. Sources/more info: 1 ( \u201cWe knew that if he was coming by \u2026 not to wear any top that would show our breasts, not to wear anything that would show our bottoms.\u201d \u2014 senior production staff member on the film Now You See Me ( freeman-accusations/index.html) Luc Besson (/a/sexual-harassment-assault-allegations-list/luc- besson) Director Publicly reported May 19, 2018 Multiple people have said he raped, sexually assaulted, or sexually harassed them. French police are investigating the rape allegation. Sources/more info: 1 ( 2 ( became his private Barbie doll whom he could control, dress and break.\u201d \u2014 Sand Van Roy, actress ( france-1202869487/) Boyd Tinsley (/a/sexual-harassment-assault-allegations- list/boyd-tinsley) Violinist; former member, Dave Matthews Band; member, Crystal Garden Publicly reported May 17, 2018 man has sued Tinsley, saying Tinsley subjected him to unwanted touching and masturbated in front of him, among other unwanted behavior, while they were bandmates in Crystal Garden. Tinsley has been fired from the Dave Matthews Band. Sources/more info: 1 ( 2 ( \u201c[H]e was masturbating next to me while was sleeping, and he had his hand on my ass\u201d \u2014 James Frost-Winn, trumpet player ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 14/79 Ameer Vann (/a/sexual-harassment-assault-allegations- list/ameer-vann) Rapper; former member, Brockhampton Publicly reported May 11, 2018 Two women have said he was verbally abusive or emotionally manipulative to them in relationships, and others have made secondhand allegations that he had sex with underage girls. He has since left Brockhampton and the group has issued an apology. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cNot only is he a predator and cheater, he also degrades women\u201d \u2014 Rhett Rowan, singer-songwriter ( allegations/) Junot D\u00edaz (/a/sexual-harassment-assault-allegations- list/junot-diaz) Author; creative writing professor Publicly reported May 4, 2018 woman has reported that he forcibly kissed her, and others have said he subjected them to misogynistic or verbally abusive behavior. He has resigned as chair of the Pulitzer Prize Board, and has launched an investigation. Sources/more info: 1 ( 2 ( 3 ( 4 ( was an unknown wide-eyed 26 yo, and he used it as an opportunity to corner and forcibly kiss me.\u201d \u2014 Zinzi Clemmons, author ( Allison Mack (/a/sexual-harassment-assault-allegations- list/allison-mack) Actress Publicly reported April 24, 2018 She has been charged with sex trafficking in connection with allegations that she recruited women to become \u201cslaves\u201d in the group Nxivm. Sources/more info: 1 ( 2 ( \u201cMs. Mack was one of the top members of a highly organized scheme which was designed to provide sex to [Nxivm co-founder Keith Raniere]\" \u2014 assistant attorney Moira Penza ( know.html) Nicholas Nixon (/a/sexual-harassment-assault-allegations- list/nicholas-nixon) Photographer; former photography professor, Massachusetts College of Art and Design 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 15/79 Publicly reported April 4, 2018 Multiple former students have said that Nixon made inappropriate comments, sent them inappropriate emails, or asked them to pose nude. He has retired from MassArt and is the subject of a Title investigation. Sources/more info: 1 ( far/9O4Yyd0CBlGSiW33Tb8tcI/story.html) 2 ( \u201cIt felt like the conversation always led back to sex.\u201d \u2014 anonymous, to the Boston Globe ( classroom-how-far-too-far/9O4Yyd0CBlGSiW33Tb8tcI/story.html) John Kricfalusi (/a/sexual-harassment-assault-allegations- list/john-kricfalusi) Creator, The Ren & Stimpy Show Publicly reported March 29, 2018 One woman has said Kricfalusi sexually abused her when she was a minor, while another says he subjected her to sexually inappropriate behavior when she was a minor and later sexually harassed her. Cartoon Network and Adult Swim have said they will not work with him in future. Sources/more info: 1 ( bftwnews&utm_term=.ffGE92N2A#.whxjWOpO0) \u201cMy entire life had been suspended in John\u2019s since was fourteen.\u201d \u2014 Robyn Byrd, professor ( bftwnews&utm_term=.ffGE92N2A#.whxjWOpO0) Sherman Alexie (/a/sexual-harassment-assault-allegations- list/sherman-alexie) Author Publicly reported March 5, 2018 Multiple women have reported that he made inappropriate comments or unwanted advances toward them. He has declined a literary prize and delayed the publication of an upcoming memoir. Sources/more info: 1 ( 2 ( declines-literary-prize) 3 ( amid-sexual-harassment-claims [\u2026] felt that he had so much power that should probably not make a fuss about this.\u201d \u2014 Elissa Washuta, author ( the-record) Jeff Franklin (/a/sexual-harassment-assault-allegations- list/jeff-franklin) Former showrunner, Fuller House Publicly reported February 28, 2018 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 16/79 He has been accused of making inappropriate comments about his sex life in the workplace, and giving women he dated bit parts on Fuller House. He has been dropped from the show, and his deal with Warner Bros. will not be renewed. Sources/more info: 1 ( \u201cStudio executives were warned that Franklin \u2018was a walking lawsuit waiting to happen.\u2019\u201d \u2014 Cynthia Littleton, Variety ( Philip Berk (/a/sexual-harassment-assault-allegations- list/philip-berk) Former president, Hollywood Foreign Press Association Publicly reported February 22, 2018 man has reported that Berk groped him. The is investigating the incident. Sources/more info: 1 ( 2 ( felt ill felt like a little kid felt like there was a ball in my throat thought was going to cry.\u201d \u2014 Brendan Fraser, actor ( Daniel Handler (/a/sexual-harassment-assault-allegations- list/daniel-handler) Author, also known as Lemony Snicket Publicly reported February 21, 2018 Multiple women say he made inappropriate sexual comments in front of and about them. Sources/more info: 1 ( \u201cIt was way over the line, and made me feel smaller.\u201d \u2014 Allie Jane Bruce, children's librarian ( metoo) Patrick Demarchelier (/a/sexual-harassment-assault- allegations-list/patrick-demarchelier) Photographer Publicly reported February 16, 2018 Multiple women have said he made unwanted advances toward them. The magazine publisher Cond\u00e9 Nast has stopped working with him \u201cfor the foreseeable future.\u201d Sources/more info: 1 ( \u201cIt hurts my heart so much to think of how many girls, many my own daughter\u2019s age who have had to fend off or give in to his advances because didn\u2019t speak up at the time.\u201d \u2014 anonymous, in an email to a modeling group ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Seth Sabal (/a/sexual-harassment-assault-allegations-list/seth- sabal) Photographer 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 17/79 Publicly reported February 16, 2018 Multiple women have said he sexually harassed them. Sources/more info: 1 ( \u201cThree models have accused Sabal of sexual harassment during the mid-2000s.\u201d \u2014 Jenn Abelson and Sacha Pfeiffer, Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Andre Passos (/a/sexual-harassment-assault-allegations- list/andre-passos) Photographer Publicly reported February 16, 2018 woman has said he inserted his fingers into her vagina during a shoot when she was a teenager. Sources/more info: 1 ( \u201cFormer model Dasha Alexander said she was 15 when he inserted his fingers in her vagina while taking her picture about 20 years ago, saying it would give the photos \u2018more emotion.'\u201d \u2014 Jenn Abelson and Sacha Pfeiffer, Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Greg Kadel (/a/sexual-harassment-assault-allegations- list/greg-kadel) Photographer Publicly reported February 16, 2018 Multiple women have said he made unwanted advances when they were teenagers, while another said he pressured her to strip naked. Cond\u00e9 Nast and Victoria\u2019s Secret have stopped working with him. Sources/more info: 1 ( \u201cKadel helped the teenager land gig after gig with Victoria\u2019s Secret, all while subjecting her to ongoing harassment, she said, until she refused to work with him\u201d \u2014 Jenn Abelson and Sacha Pfeiffer, Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) David Bellemere (/a/sexual-harassment-assault-allegations- list/david-bellemere) Photographer Publicly reported February 16, 2018 Multiple women have reported that he subjected them to unwanted touching and other inappropriate behavior. Victoria\u2019s Secret has cut ties with him. Sources/more info: 1 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 18/79 felt like had no choices.\u201d \u2014 Madisyn Ritland, model ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Karl Templer (/a/sexual-harassment-assault-allegations- list/karl-templer) Stylist Publicly reported February 16, 2018 Multiple women have reported that he touched them inappropriately or aggressively during shoots. Sources/more info: 1 ( \u201cHe was trying to get me naked. [\u2026] He was trying to pull off my clothes without my permission.\u201d \u2014 anonymous, to Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Vincent Cirrincione (/a/sexual-harassment-assault-allegations- list/vincent-cirrincione) Talent manager Publicly reported February 2, 2018 Multiple women have said he made unwanted advances toward them, and several said he preyed specifically on young women of color. He has shut down his agency. Sources/more info: 1 ( women-are-accusing-him-of-sexual-harassment/2018/02/02/259e8196-f590-11e7-b34a-b85626af34ef_story.html? utm_term=.3c5fd3c7283a) 2 ( close-agency-after-accusations-of-sexual-harassment/2018/02/05/557debd0-0ab8-11e8-8b0d-891602206fb7_story.html? utm_term=.48f8a9e3ec1b) \u201cThe price paid for having my good professional relationship with him was giving up my sense of self, of wholeness, of personal worth.\u201d \u2014 anonymous, to the Washington Post ( henson-to-stardom-now-9-minority-women-are-accusing-him-of-sexual-harassment/2018/02/02/259e8196-f590-11e7-b34a- b85626af34ef_story.html?utm_term=.3c5fd3c7283a) Paul Marciano (/a/sexual-harassment-assault-allegations- list/paul-marciano) Co-founder, Guess Publicly reported February 1, 2018 woman has reported that he repeatedly subjected her to unwanted touching, kissing, and other advances. He has stepped away from daily responsibilities at Guess. Sources/more info: 1 ( 2 ( 3 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 19/79 \u201cIt took a huge toll on my confidence and self-worth wanted to quit modeling.\u201d \u2014 Kate Upton, model ( Charlie Walk (/a/sexual-harassment-assault-allegations- list/charlie-walk) Former president, the Republic Group Publicly reported January 29, 2018 Multiple women have accused him of harassment and inappropriate touching. He has left the Republic Group. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cYou would instant message me throughout the day making sexual remarks. Truly vulgar words and ideas. Pervasively.\u201d \u2014 Tristan Coopersmith, psychotherapist ( Scott Baio (/a/sexual-harassment-assault-allegations- list/scott-baio) Actor Publicly reported January 27, 2018 woman has reported that Baio sexually abused her when she was a minor, and a man has said Baio sexually harassed him. Sources/more info: 1 ( 2 ( 3 ( \u201cHe was playing not only on my emotions, but my hormones and all of those things.\u201d \u2014 Nicole Eggert, actress ( 1202681478/) David Copperfield (/a/sexual-harassment-assault-allegations- list/david-copperfield) Magician Publicly reported January 25, 2018 woman has reported that he drugged and sexually assaulted her when she was 17. Sources/more info: 1 ( remember my clothes being taken off.\u201d \u2014 Brittney Lewis, former model ( 1988/) Barry Lubin (/a/sexual-harassment-assault-allegations- list/barry-lubin) Former clown, Big Apple Circus 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 20/79 Publicly reported January 23, 2018 woman has reported that he pressured her to pose for pornographic photos when she was 16. He has resigned from the Big Apple Circus. Sources/more info: 1 ( just felt really confused and lost and ashamed.\u201d \u2014 Zoey Dunne, former circus performer ( resigns.html?smid=tw-nytmetro&smtyp=cur) Michael Douglas (/a/sexual-harassment-assault-allegations- list/michael-douglas) Actor Publicly reported January 18, 2018 woman has reported that he sexually harassed her and masturbated in front of her. Sources/more info: 1 ( realized he thought he could do anything he wanted because he was so much more powerful than was.\u201d \u2014 Susan Braudy, writer ( moment-1075609) Joel Kramer (/a/sexual-harassment-assault-allegations- list/joel-kramer) Stunt coordinator Publicly reported January 13, 2018 woman has reported that he sexually abused her when she was underage, and another says he sexually assaulted her. He has been dropped as a client by Worldwide Production Agency. Sources/more info: 1 ( 2 ( 3 ( 1202243097 was 12, he was 36. It is incomprehensible.\u201d \u2014 Eliza Dushku, actress ( Bruce Weber (/a/sexual-harassment-assault-allegations- list/bruce-weber) Photographer Publicly reported January 13, 2018 Multiple men have said he pressured them to pose nude or subjected them to unwanted touching. Sources/more info: 1 ( felt helpless. [\u2026] Like my agency said, he has a lot of power.\u201d \u2014 **Josh Ardolf, model ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 21/79 Mario Testino (/a/sexual-harassment-assault-allegations- list/mario-testino) Photographer Publicly reported January 13, 2018 Multiple men have said he groped them or masturbated in front of them, or made unwanted advances. Sources/more info: 1 ( \u201cHe was a sexual predator.\u201d \u2014 Ryan Locke, model ( Aziz Ansari (/a/sexual-harassment-assault-allegations-list/aziz- ansari) Actor, comedian Publicly reported January 13, 2018 woman has said he subjected her to unwanted touching and pressure to have sex during a date. Sources/more info: 1 ( cried the whole ride home. At that point felt violated.\u201d \u2014 Grace, to Babe.net ( James Franco (/a/sexual-harassment-assault-allegations- list/james-franco) Actor; founder, Studio 4 film school Publicly reported January 11, 2018 Multiple women have reported that he engaged in inappropriate or sexually exploitative behavior with them. Sources/more info: 1 ( feel there was an abuse of power, and there was a culture of exploiting non-celebrity women, and a culture of women being replaceable.\u201d \u2014 Sarah Tither-Kaplan, actress and filmmaker ( 20180111-htmlstory.html) Stan Lee (/a/sexual-harassment-assault-allegations-list/stan- lee) Comic book writer; former editor-in-chief, Marvel Comics Publicly reported January 9, 2018 Multiple nurses have accused Lee of sexually harassing them while they were caring for him, and another woman has alleged that he masturbated in front of her and groped her. Sources/more info: 1 ( 2 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 22/79 \u201cThe owner at the nursing company has openly said to people that Stan has sexually harassed every single nurse that has been to the house.\u201d \u2014 anonymous, to the Daily Mail ( nurses.html) Ben Vereen (/a/sexual-harassment-assault-allegations- list/ben-vereen) Actor, director Publicly reported January 5, 2018 Multiple women have reported that he subjected them to inappropriate comments or unwanted touching, including pressing his genitals against them. Sources/more info: 1 ( just felt powerless because thought really needed his help and guidance.\u201d \u2014 Kim, actress, to the New York Daily News ( assault-hair-article-1.3738684) Paul Haggis (/a/sexual-harassment-assault-allegations- list/paul-haggis) Director, screenwriter Publicly reported January 5, 2018 Multiple women have reported that he raped or forcibly kissed them. He has resigned as chair of the board for Artists for Peace and Justice, a charity he founded. Sources/more info: 1 ( utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP) 2 ( misconduct-allegations/1021400001 felt like my life could have been over.\u201d \u2014 anonymous, to the Associated Press ( utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP) Albert Schultz (/a/sexual-harassment-assault-allegations- list/albert-schultz) Actor; artistic director, Soulpepper Theatre Company Publicly reported January 3, 2018 Multiple women have reported that he committed sexual battery or sexual harassment against them. He is taking a leave of absence from the Soulpepper Theatre Company. Sources/more info: 1 ( didn\u2019t have a name for it at the time, but did fall into a depression.\u201d \u2014 Patricia Fagan, actress ( 1.4470036) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 23/79 Dan Harmon (/a/sexual-harassment-assault-allegations- list/dan-harmon) Writer; producer; creator, Community Publicly reported January 2, 2018 former employee has reported that he sexually harassed her, and he has admitted to and apologized for the behavior. Sources/more info: 1 ( 2 ( 3 ( \u201cIt took me years to believe in my talents again, to trust a boss when he complimented me and not cringe when he asked for my number.\u201d \u2014 Megan Ganz, writer ( Dustin Marshall (/a/sexual-harassment-assault-allegations- list/dustin-marshall) Founder, Feral Audio podcast network Publicly reported December 21, 2017 former partner says he abused and harassed her. He is shutting down Feral Audio. Sources/more info: 1 ( 2 ( 3 ( \u201cOne night he broke into my house and crawled into bed with me, saying that we \u2018really needed to talk\u2019\u201d \u2014 Abby Weems, musician ( T.J. Miller (/a/sexual-harassment-assault-allegations-list/t-j- miller) Actor, comedian Publicly reported December 19, 2017 woman has reported that he sexually assaulted her, and others have said he harassed them or made abusive or transphobic comments. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cIt is unfathomable to me that he doesn\u2019t understand that he actually put me through something have to live with [\u2026] that completely, completely set the tone for my sexual adult life.\u201d \u2014 anonymous, to the Daily Beast ( punching-a-woman) Morgan Spurlock (/a/sexual-harassment-assault-allegations- list/morgan-spurlock) Director Publicly reported December 14, 2017 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 24/79 He said he has been accused of rape and sexual harassment. He has stepped down from his production company and other companies have cut ties or stopped distribution of his projects. Sources/more info: 1 ( 2 ( 3 ( misconduct/950744001/) 4 ( refinery29-1202228279/) 5 ( n829581) \u201cWe stand in solidarity with the victims.\u201d \u2014 spokesperson for Pretty Matches and Refinery29, announcing the suspension of a docuseries on women's issues that Spurlock was to produce ( matches-refinery29-1202228279/) Jon Heely (/a/sexual-harassment-assault-allegations-list/jon- heely) Director of music publishing, Disney Publicly reported December 8, 2017 He is accused of sexually abusing two underage girls. He has been charged with three felony counts of child sexual abuse and suspended without pay from Disney. Sources/more info: 1 ( \u201cImmediately upon learning of this situation tonight, he has been suspended without pay until the matter is resolved by the courts.\u201d \u2014 Disney spokesperson, to Variety ( 1202634502/) Melanie Martinez (/a/sexual-harassment-assault-allegations- list/melanie-martinez) Singer-songwriter Publicly reported December 5, 2017 woman has said that Martinez raped her. Sources/more info: 1 ( utm_term=.jwvZEZe9a#.niyNlNbAD) 2 ( happened never said yes said no, repeatedly. But she used her power over me, and broke me down.\u201d \u2014 Timothy Heller, singer ( ref_src=twsrc%5Etfw&ref_url=https%3A%2F%2F by-a-former-friend) Bryan Singer (/a/sexual-harassment-assault-allegations- list/bryan-singer) Director 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 25/79 Publicly reported December 4, 2017 man has sued Singer, saying he was raped by Singer at the age of 17. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cHe smirked and said, if say anything, he was very popular and could basically ruin my reputation.\u201d \u2014 Cesar Sanchez-Guzman ( Peter Martins (/a/sexual-harassment-assault-allegations- list/peter-martins) Retired ballet master in chief, New York City Ballet Publicly reported December 4, 2017 Multiple people say he sexually harassed or verbally or physically abused them, or abused his power through sexual relationships with other dancers. He has retired. Sources/more info: 1 ( 2 ( accusation.html?action=click&contentCollection=Dance&module=RelatedCoverage®ion=Marginalia&pgtype=article) 3 ( action=click&contentCollection=Dance&module=RelatedCoverage®ion=Marginalia&pgtype=article) 4 ( 5 ( \u201cHe\u2019s yanking me around to the left and to the right, he\u2019s digging his left thumb and his middle finger felt like he was piercing my muscle.\u201d \u2014 Victor Ostrovsky, former student, School of American Ballet ( ballet-new-york-city-physical-abuse.html) James Levine (/a/sexual-harassment-assault-allegations- list/james-levine) Former conductor, Metropolitan Opera Publicly reported December 3, 2017 Multiple men have reported that he sexually abused them, some when they were teenagers. He has been fired from the Met, and the Ravinia Festival has cut ties with him. Sources/more info: 1 ( 2 ( 3 ( saw him as a safe, protective person, he took advantage of me, he abused me and it has really messed me up.\u201d \u2014 Ashok Pai ( Israel Horovitz (/a/sexual-harassment-assault-allegations- list/israel-horovitz) Playwright Publicly reported November 30, 2017 Multiple women have said that he sexually harassed, sexually assaulted, or raped them. The Gloucester Stage theater has cut ties with him. 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 26/79 Sources/more info: 1 ( share&referer= felt close to him like a grandfather, but also he was a somewhat famous guy whose time felt privileged to have. [\u2026] For the man who represented all that, to treat me the way he did, was the ultimate betrayal.\u201d \u2014 Maia Ermansons ( share&referer= Geoffrey Rush (/a/sexual-harassment-assault-allegations- list/geoffrey-rush) Actor Publicly reported November 30, 2017 Two former co-stars have said he subjected them to unwanted sexual comments and inappropriate behavior. Sources/more info: 1 ( 2 ( nytimes) \u201c[T]here was a small shaving mirror over the top of the partition between the showers and he was using it to look down at my naked body.\u201d \u2014 Yael Stone, actress ( smtyp=cur&smid=tw-nytimes) Jean-Claude Arnault (/a/sexual-harassment-assault- allegations-list/jean-claude-arnault) Photographer; influential Swedish cultural figure; husband of Swedish Academy member Publicly reported November 24, 2017 Multiple women have said he raped or sexually harassed them. He was convicted on two counts of rape in Sweden and sentenced to two and a half years in prison. The allegations caused the awarding of the Nobel Prize in Literature to be delayed. Sources/more info: 1 ( 2 ( 3 ( \u201c[T]here had been no flirtation or touch just found a hand up my crotch.\u201d \u2014 Gabriella H\u00e5kansson, author ( John Lasseter (/a/sexual-harassment-assault-allegations- list/john-lasseter) CEO, Pixar and Walt Disney Animation Studios Publicly reported November 21, 2017 Multiple people said he had a pattern of sexually harassing women. He has taken a leave of absence from Pixar. Sources/more info: 1 ( utm_source=twitter&utm_source=t.co&utm_medium=referral&utm_source=t.co&utm_medium=referral) 2 ( 1059594) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 27/79 \u201cHe hugged and hugged and everyone\u2019s looking at you. Just invading the space.\u201d \u2014 anonymous, to the Hollywood Reporter ( detailed-by-disney-pixar-insiders-1059594) Murray Miller (/a/sexual-harassment-assault-allegations- list/murray-miller) Writer, Girls Publicly reported November 17, 2017 woman has reported that he sexually assaulted her when she was 17 years old. Police have launched an investigation. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cAt some point woke up in Murray\u2019s bed naked. He was on top of me having sexual intercourse with me. At no time did consent to any sexual contact with Murray.\" \u2014 Aurora Perrineau, actress ( Sylvester Stallone (/a/sexual-harassment-assault-allegations- list/sylvester-stallone) Actor Publicly reported November 16, 2017 woman has reported that he and another man sexually assaulted her when she was 16. Sources/more info: 1 ( \u201cI\u2019m kind of scared and I\u2019m very ashamed don\u2019t want anybody else to have that happen to them, but don\u2019t want to prosecute.\u201d \u2014 anonymous, to police, according to the Daily Mail ( forcing-teen-threesome.html) Ron Jeremy (/a/sexual-harassment-assault-allegations-list/ron- jeremy) Adult film actor Publicly reported November 15, 2017 Multiple women have reported that he raped or sexually assaulted them, or subjected them to unwanted touching. He has been dropped from at least two industry events. Sources/more info: 1 ( \u201cIt felt like he had preplanned this in his head, like he did this to everybody.\u201d \u2014 Lynsey G., journalist ( Andy Henry (/a/sexual-harassment-assault-allegations- list/andy-henry) Casting staff Publicly reported November 15, 2017 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 28/79 Multiple women say he told them to take off their clothes as part of what he described as an acting exercise. He was fired from the show and his firm in 2008 as a result of the reports, and placed on a leave of absence from his job in 2017 when the reports became public. Sources/more info: 1 ( \u201cIt really planted a seed in my head, that maybe wasn\u2019t good enough. Of, what did do wrong?\u201d \u2014 Catherine Black, actress ( disrobing-1058398) Jesse Lacey (/a/sexual-harassment-assault-allegations- list/jesse-lacey) Lead vocalist, guitarist, Brand New Publicly reported November 13, 2017 Two women have said he solicited explicit photos from them when they were minors, along with other sexually abusive behavior. The band has postponed upcoming shows. Sources/more info: 1 ( 2 ( misconduct-postpones-tour) 3 ( \u201cThis will definitely stay with me for the rest of my life.\u201d \u2014 Nicole Elizabeth Garey ( exploitation-of-minors/) Tom Sizemore (/a/sexual-harassment-assault-allegations- list/tom-sizemore) Actor Publicly reported November 13, 2017 Multiple cast and crew members have said he sexually abused a young girl on a film set, and he has been convicted of physically abusing and harassing an ex-girlfriend. Sources/more info: 1 ( 2 ( movie-set-in-2003-then-clicks-delete/) \u201cAt one point her eyes got just huge, like she could\u2019ve vomited was watching her.\u201d \u2014 Robyn Adamson, actress, describing the girl Sizemore allegedly abused ( sizemore-was-removed-movie-set-allegedly-violating-11-year-old-girl-1057629) Mark Schwahn (/a/sexual-harassment-assault-allegations- list/mark-schwahn) Showrunner, One Tree Hill and The Royals Publicly reported November 13, 2017 Multiple women have said he sexually harassed, manipulated, or made inappropriate comments to them while they worked on The Royals or One Tree Hill. He has been fired from The Royals. 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 29/79 Sources/more info: 1 ( 2 ( 3 ( 4 ( wauchope-1202207461/) \u201cMany of us were spoken to in ways that ran the spectrum from deeply upsetting, to traumatizing, to downright illegal. And a few of us were put in positions where we felt physically unsafe.\u201d \u2014 18 female cast and crew members of One Tree Hill, in an open letter ( 1202614198/) Peter Aalb\u00e6k Jensen (/a/sexual-harassment-assault- allegations-list/peter-aalbaek-jensen) Co-founder (with Lars von Trier), Zentropa production company Publicly reported November 12, 2017 Multiple women have reported that he groped them or helped create a hostile working environment. Sources/more info: 1 ( 2 ( 3 ( saw women being degraded. According to the Zentropa propaganda would be part of an \u2018alternative work culture\u2019, but in reality encountered an old-fashioned, patriarchal power structure.\u201d \u2014 Anna Mette Lundtofte, writer and journalist ( of-degradation-and-sexual-harassment) Eddie Berganza (/a/sexual-harassment-assault-allegations- list/eddie-berganza) Former editor Comics Publicly reported November 10, 2017 Multiple women have said he sexually harassed them. He has been fired. Sources/more info: 1 ( was physically ill from being stressed all the time and trying to hide it just felt like needed to get out, however could.\u201d \u2014 Liz Gehrlein Marsham, children's author ( utm_term=.wkWbqwBwk#.arwQAjRjW) Richard Dreyfuss (/a/sexual-harassment-assault-allegations- list/richard-dreyfuss) Actor Publicly reported November 10, 2017 woman has reported that he sexually harassed her over a period of years, once exposing himself to her. Sources/more info: 1 ( utm_campaign=vulture&utm_source=tw&utm_medium=s1) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 30/79 \u201cHe created a very hostile work environment, where felt sexualized, objectified, and unsafe.\u201d \u2014 Jessica Teich, writer ( utm_campaign=vulture&utm_source=tw&utm_medium=s1) Gary Goddard (/a/sexual-harassment-assault-allegations- list/gary-goddard) CEO, the Goddard Group Publicly reported November 10, 2017 Eight men have reported that he sexually abused them when they were minors. He has taken a leave of absence from the Goddard Group. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cMy vulnerability was exploited was molested by Goddard, my best friend was raped by him \u2014 and this went on for years.\u201d \u2014 Anthony Edwards, actor ( Andrew Kreisberg (/a/sexual-harassment-assault-allegations- list/andrew-kreisberg) Former showrunner, Supergirl, Arrow Publicly reported November 10, 2017 More than a dozen people who worked with him have said he had a pattern of sexual harassment, including unwanted kissing and touching. He has been fired by Warner Bros Group. Sources/more info: 1 ( 2 ( \u201cIt was an environment in which women \u2014 assistants, writers, executives, directors \u2014 were all evaluated based on their bodies, not on their work.\u201d \u2014 Anonymous male writer, to Variety ( 1202612522/) George Takei (/a/sexual-harassment-assault-allegations- list/george-takei) Actor Publicly reported November 10, 2017 man reported that Takei drugged and groped him. The accuser has since walked back most of the story. Sources/more info: 1 ( bftwnews&utm_term=.rnvvpkMzrM#.ohpvqj5O35) 2 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 31/79 just want him to apologize for taking advantage of our friendship.\u201d \u2014 Scott R. Brunton, former actor and model ( of-drugs-assault/) Steven Seagal (/a/sexual-harassment-assault-allegations- list/steven-seagal) Actor Publicly reported November 9, 2017 Multiple women have reported that he sexually harassed or behaved threateningly toward them. Sources/more info: 1 ( 2 ( 3 ( 4 ( weinstein-scandal thought about like was the last girl that day. How many girls had to take off their clothes? How many girls had to do more?\u2019\u201d \u2014 Jenny McCarthy, actress ( 1202205465/) Louis C.K. (/a/sexual-harassment-assault-allegations-list/louis- c-k) Comedian Publicly reported November 9, 2017 Multiple women have reported that he sexually harassed them, in some cases by masturbating in front of them wide release for his upcoming film and his standup special have been canceled; several media companies have ended their relationships with him. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was just actually sort of common knowledge in the comedy world. [\u2026] People made jokes about it all the time.\u201d \u2014 Rebecca Corry, comedian ( Matthew Weiner (/a/sexual-harassment-assault-allegations- list/matthew-weiner) Showrunner Publicly reported November 9, 2017 woman has reported that he sexually harassed her. Sources/more info: 1 ( 2 ( 3 ( 4 ( 1201895936/) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 32/79 had the Emmy, but instead of being able to use that as a launch pad for the rest of my career, it became an anchor because felt had to answer to speculative stories in the press eventually walked away instead of fighting back.\u201d \u2014 Kater Gordon, writer ( mad-men-1201895936/) Russell Simmons (/a/sexual-harassment-assault-allegations- list/russell-simmons) Music executive Publicly reported November 9, 2017 Multiple women have accused him of rape, sexual assault, or battery. He has stepped down from his companies. Sources/more info: 1 ( 2 ( 3 ( 4 ( 5 ( couldn\u2019t open the doors couldn\u2019t open the windows. The car was moving. The driver did not stop. He did not take me to 19th Street. He took me to your apartment.\u201d \u2014 Jenny Lumet, screenwriter ( guest-column-1062934) Robert Knepper (/a/sexual-harassment-assault-allegations- list/robert-knepper) Actor Publicly reported November 8, 2017 Multiple women have accused him of sexual assault. Sources/more info: 1 ( 2 ( 3 ( utm_source=Sailthru&utm_medium=email&utm_campaign=THR%20Breaking%20News_now_2017-12- 05%2007:39:00_HLewis&utm_term=hollywoodreporter_breakingnews just sat there and cried for a while. My dress was torn was dirty.\u201d \u2014 Susan Bertram, costume designer ( veteran-costume-designer-1055914) Jeffrey Tambor (/a/sexual-harassment-assault-allegations- list/jeffrey-tambor) Actor Publicly reported November 8, 2017 Multiple women have reported that he sexually harassed or forcibly kissed them. He has left the show Transparent. Sources/more info: 1 ( 2 ( 3 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 33/79 \u201cGiven the journey and circumstances of my life was used to being treated as a sexual object by men \u2014 this one just happened to be famous.\u201d \u2014 Trace Lysette, actress ( Ed Westwick (/a/sexual-harassment-assault-allegations- list/ed-westwick) Actor Publicly reported November 7, 2017 Multiple women have accused him of sexual assault or rape. Several television shows have been postponed or have paused his involvement while police investigate. Sources/more info: 1 ( 2 ( 3 ( \u201cMy other friends and people around me told me it was best not to say anything, to not be \u2018that girl\u2019 and that no one would believe me.\u201d \u2014 Aur\u00e9lie Wynn, former actress ( utm_term=.pgNaQoboN#.geWag8w8K) Adam Venit (/a/sexual-harassment-assault-allegations- list/adam-venit) Agent Publicly reported November 3, 2017 man has reported that Venit sexually assaulted him. Venit was suspended for a month and has been demoted. Sources/more info: 1 ( 2 ( 3 ( \u201cThis whole thing with Harvey Weinstein is giving me PTSD. Why? Because this kind of thing happened to ME.\u201d \u2014 Terry Crews, actor ( ref_src=twsrc%5Etfw&ref_url=http%3A%2F%2F executive-amid-harvey-weinstein-allegations) Danny Masterson (/a/sexual-harassment-assault-allegations- list/danny-masterson) Actor Publicly reported November 2, 2017 Multiple women have reported that he raped them. He has been written out of Netflix\u2019s The Ranch, and law enforcement has begun an investigation into the case. Sources/more info: 1 ( 2 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 34/79 \u201cAccording to a report filed with the Los Angeles Police Department, the woman said Masterson raped her while she was \u2018passed out,\u2019 and when she awoke and realized he was raping her, she struggled with him until he choked her and she passed out again.\u201d \u2014 Yashar Ali, HuffPost ( accusations_us_59fa8410e4b01b474048242a?9o4) Nick Carter (/a/sexual-harassment-assault-allegations- list/nick-carter) Lead singer, Backstreet Boys Publicly reported November 2, 2017 woman has reported that he sexually assaulted her in 2003. Prosecutors have declined to bring criminal charges because the statute of limitations has expired. Sources/more info: 1 ( 2 ( told him to stop, but he didn\u2019t.\u201d \u2014 Melissa Schuman, former singer ( Brett Ratner (/a/sexual-harassment-assault-allegations- list/brett-ratner) Producer, director Publicly reported November 1, 2017 Multiple women have said he sexually assaulted or harassed them. Sources/more info: 1 ( 2 ( 3 ( don\u2019t know how different would be today \u2014 less hardened, less jaded, more trusting, all those things \u2014 if it never happened.\u201d \u2014 Natasha Henstridge, actress ( allegations-article-1.3605363) Dustin Hoffman (/a/sexual-harassment-assault-allegations- list/dustin-hoffman) Actor Publicly reported November 1, 2017 Multiple women have said he sexually harassed or assaulted them. Sources/more info: 1 ( 2 ( 3 ( \u201cMy heart aches for the awkward virgin with the bad hair who had only been kissed three times in her life, laughing as the man her father\u2019s age talked about breasts and sex want to weep that she found this charming.\u201d \u2014 Anna Graham Hunter, writer ( guest-column-1053466) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 35/79 Andy Dick (/a/sexual-harassment-assault-allegations-list/andy- dick) Actor and comedian Publicly reported October 31, 2017 Multiple people said he groped and harassed men and women on film sets. He has been fired from two films. Sources/more info: 1 ( 2 ( \u201cHe systematically went woman by woman and just said a bunch of gross things almost mechanically, robotically, and made every single one of them uncomfortable.\u201d \u2014 anonymous, to Vulture ( Jeremy Piven (/a/sexual-harassment-assault-allegations- list/jeremy-piven) Actor Publicly reported October 31, 2017 Multiple women have said he sexually assaulted or harassed them. Sources/more info: 1 ( 2 ( ran outside and hailed a cab and just burst into tears cried the entire way back to my hotel.\u201d \u2014 Tiffany Bacon Scourby, ad executive ( Kevin Spacey (/a/sexual-harassment-assault-allegations- list/kevin-spacey) Actor Publicly reported October 29, 2017 Multiple men have reported that he sexually harassed or assaulted them, or made sexual advances when they were underage. He has been fired from House of Cards and police are investigating. Sources/more info: 1 ( utm_term=.iu423zYw1Y#.nevrx9d73d) 2 ( 3 ( utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP) 4 ( 5 ( 6 ( 7 ( 8 ( \u201cWhat he left me with, more than what he took from me, was a sense that deserved this. And that\u2019s the knot I\u2019m still untangling.\u201d \u2014 anonymous, to Vulture ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 36/79 Kirt Webster (/a/sexual-harassment-assault-allegations- list/kirt-webster) Publicist Publicly reported October 27, 2017 man has said Webster sexually assaulted him. Webster has stepped away from his firm. Sources/more info: 1 ( misconduct) 2 ( \u201cFor years was so ashamed, and since then, I\u2019ve overdosed once and I\u2019ve slit my wrists another time.\u201d \u2014 Austin Rick, former country singer ( exec-kirt-webster-of-sexual-misconduct) Ken Baker (/a/sexual-harassment-assault-allegations-list/ken- baker) Senior correspondent News Publicly reported October 26, 2017 Two women have said he sexually harassed them. He is not appearing on air while investigates. Sources/more info: 1 ( 2 ( almost feel like it\u2019s a power trip. It\u2019s like can do these things.\u2018\u201d \u2014 anonymous, to the Wrap ( about-a-sex-toy/) Ethan Kath (/a/sexual-harassment-assault-allegations- list/ethan-kath) Co-founder, Crystal Castles Publicly reported October 24, 2017 former bandmate has reported that he raped and physically and psychologically abused her. Sources/more info: 1 ( \u201cIt has taken me years to recover from enduring almost a decade of abuse, manipulation and psychological control am still recovering.\u201d \u2014 Alice Glass, singer ( James Toback (/a/sexual-harassment-assault-allegations- list/james-toback) Director, screenwriter Publicly reported October 22, 2017 More than 200 women have reported unwanted touching or advances, including several who said he masturbated in front of them. He has been dropped by his agent. 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 37/79 Sources/more info: 1 ( 2 ( 3 ( was shocked and frozen and didn\u2019t know what to do thought if resisted, it could get worse.\u201d \u2014 Terri Conn, actress ( story.html) David Blaine (/a/sexual-harassment-assault-allegations- list/david-blaine) Magician Publicly reported October 19, 2017 woman has reported that he raped her. Police are investigating. Sources/more info: 1 ( \u201cAfter this happened didn\u2019t want to go out, and didn\u2019t want to go to my castings wouldn\u2019t get the job because now was insecure.\u201d \u2014 Natasha Prince, art dealer ( Chris Savino (/a/sexual-harassment-assault-allegations- list/chris-savino) Animator; creator, The Loud House Publicly reported October 19, 2017 Multiple women have reported that he sexually harassed them or subjected them to unwanted advances or other inappropriate behavior. He has been fired. Sources/more info: 1 ( had an opportunity to work at Nickelodeon a long time ago and didn\u2019t take the job because knew he would be inside the studio.\u201d \u2014 anonymous, to Cartoon Brew ( allegedly-offered-animation-work-exchange-sexual-favors-154152.html) Bob Weinstein (/a/sexual-harassment-assault-allegations- list/bob-weinstein) Producer; co-founder, the Weinstein Company Publicly reported October 17, 2017 woman has said that he sexually harassed her over a period of months. Sources/more info: 1 ( \u201cHe didn\u2019t want a friendship. He wanted more than that.\u201d \u2014 Amanda Segel, showrunner ( Tyler Grasham (/a/sexual-harassment-assault-allegations- list/tyler-grasham) Former agent 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 38/79 Publicly reported October 17, 2017 Multiple men have said that he sexually assaulted them or made unwanted advances. He has been fired, and police have launched an investigation. Sources/more info: 1 ( 2 ( 3 ( 4 ( told him no but he asked me to cuddle and kiss didn\u2019t want it to ruin my career, so did.\u201d \u2014 Brady Lindsey ( Lars von Trier (/a/sexual-harassment-assault-allegations- list/lars-von-trier) Director Publicly reported October 17, 2017 woman has accused him of a months-long pattern of sexual harassment. Sources/more info: 1 ( 2 ( didn\u2019t comply or agree on being sexually harassed. That was then portrayed as me being difficult. If being difficult is standing up to being treated like that, I\u2019ll own it.\u201d \u2014 Bj\u00f6rk, singer-songwriter ( Roy Price (/a/sexual-harassment-assault-allegations-list/roy- price) Former head, Amazon Studios Publicly reported October 12, 2017 woman has reported that he sexually harassed her. He has resigned from Amazon. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was shocking and surreal.\u201d \u2014 Isa Hackett, executive producer ( top-exec-roy-price-1048060?utm_source=Sailthru&utm_medium=email&utm_campaign=THR%20Breaking%20News_now_2017- 10-12%2014:27:54_ehayden&utm_term=hollywoodreporter_breakingnews) Oliver Stone (/a/sexual-harassment-assault-allegations- list/oliver-stone) Director Publicly reported October 12, 2017 One woman has reported that he groped her, while another said his behavior after a meeting made her uncomfortable. Sources/more info: 1 ( 2 ( 3 ( ref_src=twsrc%5Etfw&ref_url=http%3A%2F%2Fpeople.com%2Fmovies%2Fcarrie-stevens-harvey-weinstein-oliver-stone%2F) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 39/79 still remember the cocky grin on his face like he got away with something.\u201d \u2014 Carrie Stevens, model and actress ( misconduct) Ben Affleck (/a/sexual-harassment-assault-allegations- list/ben-affleck) Actor Publicly reported October 10, 2017 Two women have reported that he groped them. Sources/more info: 1 ( 2 ( 3 ( ref_src=twsrc%5Etfw&ref_url=https%3A%2F%2F harvey-weinstein-sexual-harassment had to laugh back then so wouldn\u2019t cry.\u201d \u2014 Hilarie Burton, actress ( Nelly (/a/sexual-harassment-assault-allegations-list/nelly) Rapper Publicly reported October 7, 2017 woman has reported that he sexually assaulted her. Sources/more info: 1 ( 2 ( 3 ( \u201cAfterward, Greene says she was screaming she wanted off the bus \u2026 and an entourage member pushed her off, and Nelly threw a $100 bill at her and said, \u2018Bye bye ( Harvey Weinstein (/a/sexual-harassment-assault-allegations- list/harvey-weinstein) Producer; co-founder, the Weinstein Company Publicly reported October 5, 2017 More than 80 women have reported that he sexually harassed, sexually assaulted, or raped them, in incidents dating back decades. He has been fired from the Weinstein Company. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cJust his body, his presence, his face, bring me back to the little girl that was when was twenty-one. [\u2026] When see him, it makes me feel little and stupid and weak.\u201d \u2014 Asia Argento, actress ( weinsteins-accusers-tell-their-stories) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 40/79 Hadrian Belove (/a/sexual-harassment-assault-allegations- list/hadrian-belove) Former executive managing director, Cinefamily Publicly reported August 23, 2017 woman has reported that he sexually harassed her, and others say he judged female employees on their looks and dated subordinates. He has resigned. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cWhen started volunteering was told he liked to test the new meat.\u201d \u2014 Karina Chacham, former volunteer, Cinefamily ( utm_term=.qfPWBKZkV#.enDOJrjZa) Shadie Elnashai (/a/sexual-harassment-assault-allegations- list/shadie-elnashai) Former vice president, Cinefamily board of directors Publicly reported August 23, 2017 Multiple people have said he inappropriately touched or pursued female subordinates. He has resigned. Sources/more info: 1 ( 2 ( 3 ( \u201cShadie doesn\u2019t watch the movies \u2014 he just hits on girls in the back.\u201d \u2014 anonymous, to BuzzFeed News ( Roman Polanski (/a/sexual-harassment-assault-allegations- list/roman-polanski) Director, producer, writer Publicly reported August 15, 2017 Multiple women have reported that he raped or sexually abused them when they were under 18. He has pleaded guilty to statutory rape. Sources/more info: 1 ( \u201cHow do know there aren\u2019t other victims? How do know that he\u2019s not still doing this?\u201d \u2014 Marianne Barnard, artist ( deserted-beach-10-years-old/) Robert \"R.\" Kelly (/a/sexual-harassment-assault-allegations- list/robert-r-kelly) Singer-songwriter Publicly reported July 17, 2017 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 41/79 Multiple people have accused him of controlling the sex lives and even eating habits of women who live in his properties. He was acquitted in 2008 of child pornography charges. His lawyer, publicist, and assistant have quit, and Spotify has stopped promoting his music. Sources/more info: 1 ( utm_term=.kpQrXj1YE1#.bjlVK6xdPx) 2 ( 3 ( 4 ( \u201cR. Kelly is the sweetest person you will ever want to meet. [\u2026] But Robert is the devil.\u201d \u2014 Asante McGee ( utm_term=.lyYOrOKpJ#.psgJKJazA) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 57 Les Moonves (/a/sexual-harassment-assault-allegations- list/les-moonves) Former Publicly reported August 6, 2018 Multiple women have said he sexually harassed or assaulted them. He has stepped down from CBS. Sources/more info: 1 ( 2 ( harassment-claims) 3 ( \u201cWhat happened to me was a sexual assault, and then was fired for not participating.\u201d \u2014 Illeana Douglas, actress and writer ( of-sexual-misconduct) Kimberly Guilfoyle (/a/sexual-harassment-assault-allegations- list/kimberly-guilfoyle) Former Fox News host Publicly reported July 27, 2018 Multiple people have said she showed colleagues photographs of male genitals, discussed sexual matters at work, or was emotionally abusive. She has left Fox News. Sources/more info: 1 ( \u201cSix sources said Guilfoyle\u2019s behavior included showing personal photographs of male genitalia to colleagues (and identifying whose genitals they were)\u201d \u2014 Yashar Ali, HuffPost ( news_us_5b5a6064e4b0b15aba96f4de) Antonin Kratochvil (/a/sexual-harassment-assault-allegations- list/antonin-kratochvil) Photojournalist 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 42/79 Publicly reported July 16, 2018 Multiple people have said he harassed and groped them or others. He has resigned from the photo agency he helped found. Sources/more info: 1 ( 2 ( [\u2026] didn\u2019t say anything because didn\u2019t want to be seen as, you know, the cliched hysterical woman complaining about things.\u201d \u2014 Anastasia Taylor-Lind, photojournalist ( Christian Rodriguez (/a/sexual-harassment-assault-allegations- list/christian-rodriguez) Photojournalist Publicly reported July 16, 2018 Multiple women say he sexually harassed them, in many cases after offering them mentorship or a job. He has been dropped by the prestigious photographers' collective Prime. Sources/more info: 1 ( 2 ( \u201cHe jumped on the bed, he was on top of me, making pictures.\u201d \u2014 Lina Botero, photographer ( Tom Brokaw (/a/sexual-harassment-assault-allegations- list/tom-brokaw) Journalist; former anchor Nightly News Publicly reported April 26, 2018 Three women have said he made unwanted advances toward them in the 1990s. Sources/more info: 1 ( 2 ( 3 ( felt powerless to say no. He could ruin my career.\u201d \u2014 Linda Vester, former correspondent ( correspondent-1202789627/) Michael Ferro (/a/sexual-harassment-assault-allegations- list/michael-ferro) Former chair, Tronc Publicly reported March 19, 2018 Two women have said Ferro subjected them to unwanted kissing or touching in what they thought were business meetings. Others have said he behaved inappropriately with female employees. He has resigned from Tronc. Sources/more info: 1 ( suddenly realized that was alone in this apartment with him and that it might not be very easy to leave.\u201d \u2014 Kathryn Minshew, startup co-founder ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 43/79 Alex Jones (/a/sexual-harassment-assault-allegations-list/alex- jones) Founder, Infowars Publicly reported February 28, 2018 woman has reported that he groped her, sexually harassed her, and made a racist comment toward her, as well as created a hostile work environment for other women. Sources/more info: 1 ( knew that he had specifically touched my behind at that moment as a sly come-on that other people may not notice.\u201d \u2014 Ashley Beckford, former production assistant, Free Speech Systems ( Infowars-employees-claim-Alex-Jones-harassed-them.html) Ryan Seacrest (/a/sexual-harassment-assault-allegations- list/ryan-seacrest host Publicly reported February 26, 2018 woman has reported that he sexually harassed and assaulted her, including groping her and grinding his genitals against her. Sources/more info: 1 ( \u201cAs proud as am and as strong as a woman as am, as smart as am and as much work as I\u2019ve done with therapists, it really affected me.\u201d \u2014 Suzie Hardy, stylist ( Daniel Zwerdling (/a/sexual-harassment-assault-allegations- list/daniel-zwerdling) Former investigative correspondent Publicly reported February 6, 2018 Multiple people have reported that he sexually harassed them or engaged in inappropriate behavior. He has retired from NPR. Sources/more info: 1 ( 2 ( sexual-misconduct-claim) \u201cNow I\u2019m literally afraid of men in the workplace.\u201d \u2014 anonymous, to Current ( Patrick Witty (/a/sexual-harassment-assault-allegations- list/patrick-witty) Photojournalist; former National Geographic photographer Publicly reported January 29, 2018 Multiple women say he subjected them to unwanted kissing or advances. He no longer works at National Geographic. Sources/more info: 1 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 44/79 \u201cIt felt like he didn\u2019t take me or my work seriously.\u201d \u2014 Andrea Wise, photographer and editor ( misconduct) Dayan Candappa (/a/sexual-harassment-assault-allegations- list/dayan-candappa) Chief content officer, Newsweek Media Group; former Americas editor, Reuters Publicly reported January 29, 2018 subordinate at Reuters reported that he repeatedly sexually harassed her. He was removed from his job at Reuters. Newsweek placed him on leave after the Reuters case became public, but reinstated him after an investigation. Sources/more info: 1 ( 2 ( \u201cThe next day in the office, he told her she was \u2018heartbreakingly beautiful,\u2019 according to the complaint.\u201d \u2014 Rossalyn Warren, BuzzFeed News ( utm_term=.unkPVGXGN#.beodeVlVa) Robert Moore (/a/sexual-harassment-assault-allegations- list/robert-moore) Former managing editor, New York Daily News Publicly reported January 22, 2018 Multiple former employees have said he sexually harassed co-workers. He has been fired. Sources/more info: 1 ( complaint) 2 ( 3 ( \u201cHe had all the power there.\u201d \u2014 anonymous, to HuffPost ( Ross Levinsohn (/a/sexual-harassment-assault-allegations- list/ross-levinsohn) Former publisher, Los Angeles Times Publicly reported January 18, 2018 He has been sued in two separate sexual harassment lawsuits. He was placed on unpaid leave at the Los Angeles Times, and then resigned. After an investigation cleared him, he was named of a new unit within the Times\u2019s parent company, Tronc. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cRoss created a definite frat boys' club [\u2026] They openly would rate women.\u201d \u2014 Jessie Dennen, former recruitment chief, Alta Vista ( behavior-trail-la-times-publisher-s-career) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 45/79 James Rosen (/a/sexual-harassment-assault-allegations- list/james-rosen) Former chief Washington correspondent, Fox News Publicly reported January 10, 2018 Multiple women have reported that he made unwanted advances toward them. He has left Fox News. Sources/more info: 1 ( \u201cIn a shared cab ride back from a meal, Rosen groped her, grabbing her breast. After she rebuffed his advance, Rosen sought to steal away her sources and stories related to his interests in diplomacy and national security.\u201d \u2014 David Folkenflik ( harassment-claims) Kevin Braun (/a/sexual-harassment-assault-allegations- list/kevin-braun) Former editor-in-chief News Publicly reported January 5, 2018 He has been placed on leave to complete treatment for inappropriate behavior, including sexual harassment. Sources/more info: 1 ( \u201cHe will be on an indefinite leave of at least six months to address personal matters that have negatively affected his relationship with the company and our staff.\u201d \u2014 Michael Witt, publisher News ( Steve Butts (/a/sexual-harassment-assault-allegations- list/steve-butts) Former editor-in-chief Publicly reported January 3, 2018 An employee has reported that he committed sexual harassment, and a former employee says he mishandled her report of sexual harassment by another co-worker. He has been fired. Sources/more info: 1 ( utm_campaign=Socialflow_Kotaku_Twitter&utm_source=Kotaku_Twitter&utm_medium=Socialflow) \u201cHe told me, \u2018Don\u2019t be so uptight about it.\u2019\u201d \u2014 Kallie Plagge, editor ( utm_campaign=Socialflow_Kotaku_Twitter&utm_source=Kotaku_Twitter&utm_medium=Socialflow) H. Brandt Ayers (/a/sexual-harassment-assault-allegations- list/h-brandt-ayers) Chair of the Consolidated Publishing Company, which publishes the Anniston Star Publicly reported January 1, 2018 Multiple women say he spanked them against their will when they worked with him at the Anniston Star in Anniston, Alabama. 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 46/79 Sources/more info: 1 ( spanked/) 2 ( ac32-a7243e990784.html) 3 ( accused-of-spanking-female-employees-in-1970s/?utm_term=.edb39ca6070f was still determined to be a reporter after that. [\u2026] But hated Brandy Ayers with every cell in my body.\u201d \u2014 Veronica Pike Kennedy, former Anniston Star reporter ( assaulting-reporters-in-s/article_097db56a-ef17-11e7-ac32-a7243e990784.html) Adrian Carrasquillo (/a/sexual-harassment-assault-allegations- list/adrian-carrasquillo) Former White House correspondent, BuzzFeed News Publicly reported December 27, 2017 co-worker reported receiving an inappropriate message from him. He has been fired. Sources/more info: 1 ( 2017-12) 2 ( \u201cIn responding to a complaint filed last week by an employee, we learned that Adrian violated our Code of Conduct by sending an inappropriate message to a colleague.\u201d \u2014 BuzzFeed spokesperson, to Business Insider ( adrian-carrasquillo-following-harassment-claims-2017-12) Andrew Creighton (/a/sexual-harassment-assault-allegations- list/andrew-creighton) President, Vice Media Publicly reported December 23, 2017 woman said she was fired after she turned down a sexual relationship with him. He has been placed on leave. Sources/more info: 1 ( 2 ( \u201cThere is a toxic environment where men can say the most disgusting things, joke about sex openly, and overall a toxic environment where women are treated far inferior than men.\u201d \u2014 Sandra Miller, former head of branded production, Vice Media ( sexual-harassment.html?_r=0) Mike Germano (/a/sexual-harassment-assault-allegations- list/mike-germano) Chief digital officer, Vice Media Publicly reported December 23, 2017 Two women have reported that he made inappropriate comments or touched them inappropriately. He has been fired. Sources/more info: 1 ( 2 ( 3 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 47/79 \u201cMany women join at an early and vulnerable point in their career. For some, sexual harassment and conscious and unconscious prejudice have overshadowed their future in journalism and severely damaged their confidence.\u201d \u2014 Vice workers, in an open letter ( Rhys James (/a/sexual-harassment-assault-allegations- list/rhys-james) Producer, Vice Media Publicly reported December 23, 2017 woman reported that he made racist and sexist comments to her. He has been placed on leave. Sources/more info: 1 ( \u201cAmong Ms. Fuertes-Knight\u2019s claims were that a Vice producer, Rhys James, had made racist and sexist statements to her, including asking about the color of her nipples and whether she slept with black men.\u201d \u2014 Emily Steel, New York Times ( Jason Mojica (/a/sexual-harassment-assault-allegations- list/jason-mojica) Former head of Vice News Publicly reported December 23, 2017 Multiple women have reported that he subjected them to unwanted touching or advances, or retaliated after a sexual relationship. He has been fired. Sources/more info: 1 ( \u201cAs women, we get harassed everywhere and we don\u2019t feel compelled to report it because it\u2019s not considered a reportable offense.\" \u2014 Abby Ellis, journalist ( Don Hazen (/a/sexual-harassment-assault-allegations-list/don- hazen) Former executive editor, AlterNet Publicly reported December 21, 2017 Multiple women say he sexually harassed them. He has resigned. Sources/more info: 1 ( 2 ( utm_term=.xyMwBwRPo#.jmnP1PNaM) \u201cEvery in-person meeting had with him, which understood to be a requirement of my employment, felt like an excuse for him to sexually harass me.\u201d \u2014 Laura Gottesdiener, journalist ( utm_term=.prwXAXGVm&bftwnews#.sbX2J2Lqm) Leonard Lopate (/a/sexual-harassment-assault-allegations- list/leonard-lopate) Former radio host Publicly reported December 21, 2017 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 48/79 Multiple people say he made inappopriate comments or sexually harassed them. He has been fired. Sources/more info: 1 ( \u201cLeonard definitely said inappropriate things to me and my coworkers lot.\u201d \u2014 anonymous, to ( Jonathan Schwartz (/a/sexual-harassment-assault-allegations- list/jonathan-schwartz) Former radio host Publicly reported December 21, 2017 Two women say he made inappopriate comments to them, and one of them says he also touched her in an unwelcome way. He has been fired. Sources/more info: 1 ( \u201cIt wasn\u2019t the least bit traumatic. It was inappropriate.\u201d \u2014 Kerry Nolan, radio host ( Tavis Smiley (/a/sexual-harassment-assault-allegations- list/tavis-smiley) Host, Tavis Smiley Publicly reported December 13, 2017 Multiple people have said he had sexual relationships with subordinates and created an abusive and threatening environment. His show has been suspended. Sources/more info: 1 ( \u201cSome witnesses interviewed expressed concern that their employment status was linked to the status of a sexual relationship with Smiley.\u201d \u2014 Daniel Holloway, Variety ( Ryan Lizza (/a/sexual-harassment-assault-allegations-list/ryan- lizza) Former reporter, New Yorker Publicly reported December 11, 2017 woman has said he engaged in sexual misconduct. He has been fired by the New Yorker. Sources/more info: 1 ( 2 ( \u201cOur client reported Mr. Lizza\u2019s actions to ensure that he would be held accountable and in the hope that by coming forward she would help other potential victims.\u201d \u2014 Douglas H. Wigdor, lawyer for the accuser ( _r=0) Marshall Faulk (/a/sexual-harassment-assault-allegations- list/marshall-faulk) Analyst Network; former player Publicly reported December 11, 2017 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 49/79 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cFaulk would ask Cantor \u2018deeply personal and invasive questions\u2019 about her sex life; he also fondled her breasts and groped her behind, according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) Ike Taylor (/a/sexual-harassment-assault-allegations-list/ike- taylor) Analyst Network; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cTaylor sent Cantor \u2018sexually inappropriate\u2019 pictures and a video of him masturbating in the shower, according to the filing.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) Heath Evans (/a/sexual-harassment-assault-allegations- list/heath-evans) Analyst Network; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cIt\u2019s outrageous conduct.\u201d \u2014 Laura Horton, lawyer for Jami Cantor, a former Network stylist who is alleging sexual harassment ( Eric Weinberger (/a/sexual-harassment-assault-allegations- list/eric-weinberger) President, the Ringer; former Network executive producer Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Ringer. Sources/more info: 1 ( \u201cWeinberger sent \u2018several nude pictures of himself and sexually explicit texts\u2019 and told Cantor she was \u2018put on earth to pleasure me,\u2019 according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 50/79 Donovan McNabb (/a/sexual-harassment-assault-allegations- list/donovan-mcnabb) Analyst, ESPN; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by ESPN. Sources/more info: 1 ( \u201cDonovan McNabb, a former analyst, also texted her explicit comments, according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) Tom Ashbrook (/a/sexual-harassment-assault-allegations- list/tom-ashbrook) Former radio host Publicly reported December 8, 2017 More than 20 current and former employees have said he verbally abused or intimidated them, or subjected them to unwanted touching. After an investigation, he has been fired. Sources/more info: 1 ( 2 ( 3 ( 4 ( worry that Tom\u2019s behavior discourages young women from continuing in journalism.\" \u2014 anonymous, to ( Dylan Howard (/a/sexual-harassment-assault-allegations- list/dylan-howard) Editor, National Enquirer, Us Weekly, and other publications Publicly reported December 6, 2017 Multiple former employees said he sexually harassed women at work. Sources/more info: 1 ( \u201cIt\u2019s almost like had Stockholm syndrome.\u201d \u2014 anonymous, to the ( Lorin Stein (/a/sexual-harassment-assault-allegations- list/lorin-stein) Former editor, Paris Review Publicly reported December 6, 2017 Multiple people have said he made unwanted advances on them, fostered a workplace culture in which looks mattered more than work, or had sex with subordinates. He has resigned. Sources/more info: 1 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 51/79 \u201cHe wanted us to be pretty, he wanted us to act that role, and if we didn\u2019t, we weren\u2019t in the light of favor.\u201d \u2014 Deirdre Foley-Mendelssohn, editor ( smid=tw-share&_r=0) John Hockenberry (/a/sexual-harassment-assault-allegations- list/john-hockenberry) Retired radio host Publicly reported December 1, 2017 Multiple women have said he sexually harassed them or sent unwanted sexual or suggestive messages. He has retired. Sources/more info: 1 ( \u201cHe\u2019d been very supportive of me, and thought he\u2019d only been like that because he wanted to sleep with me.\u201d \u2014 anonymous, to the Cut ( Matt Lauer (/a/sexual-harassment-assault-allegations- list/matt-lauer) Former anchor, Today show Publicly reported November 29, 2017 Multiple women have reported that he sexually harassed or assaulted them, including one who said she passed out during an assault. He has been fired from NBC. Sources/more info: 1 ( utm_term=.rsDwWBw6x#.smoOjYO5Z) 2 ( 3 ( action=Click&contentCollection=BreakingNews&contentID=66154191&pgtype=Homepage&_r=0) \u201cHe couldn\u2019t sleep around town with celebrities or on the road with random people, because he\u2019s Matt Lauer and he\u2019s married. So he\u2019d have to do it within his stable, where he exerted power, and he knew people wouldn\u2019t ever complain.\u201d \u2014 anonymous, to Variety ( Garrison Keillor (/a/sexual-harassment-assault-allegations- list/garrison-keillor) Founding host Prairie Home Companion Publicly reported November 29, 2017 woman reported that he subjected her to unwanted sexual touching. He has been dropped by Minnesota Public Radio and the Washington Post syndicate. Sources/more info: 1 ( 2 ( compa) 3 ( stand-out/?utm_term=.861a89aa22f1) 4 ( simply-touching-a-womans-bare-back/?utm_term=.a40b5a33fa3a) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 52/79 \u201cMinnesota Public Radio (MPR) is terminating its contracts with Garrison Keillor and his private media companies after recently learning of allegations of his inappropriate behavior with an individual who worked with him.\u201d \u2014 Minnesota Public Radio statement ( garrison-keillor-and-a-prairie-home-compa) Charlie Rose (/a/sexual-harassment-assault-allegations- list/charlie-rose) Former anchor This Morning; former host, Charlie Rose Publicly reported November 20, 2017 Multiple women have said that he sexually harassed them. He has been fired by CBS, PBS, and Bloomberg. Sources/more info: 1 ( and-lewd-calls/2017/11/20/9b168de8-caec-11e7-8321-481fd63f174d_story.html?utm_term=.879296022b7a) 2 ( accusations-n822691) \u201cEverybody is terrified of him. [\u2026] He creates this environment of constant fear. And then he\u2019ll shine a spotlight on you and make you feel amazing.\u201d \u2014 anonymous, to the Washington Post ( harassed-them--with-nudity-groping-and-lewd-calls/2017/11/20/9b168de8-caec-11e7-8321-481fd63f174d_story.html? utm_term=.aa939cb97a9d) Glenn Thrush (/a/sexual-harassment-assault-allegations- list/glenn-thrush) Reporter, New York Times Publicly reported November 20, 2017 Multiple women have said that he made unwanted advances toward them. He was suspended by the New York Times and removed from the White House beat. Sources/more info: 1 ( 2 ( hate feeling obligated to make him think think everything is fine. [\u2026] It\u2019s been this thing hanging over me feel like have to be nice to this person just because he knows people.\u201d \u2014 anonymous, to Vox ( Matt Zimmerman (/a/sexual-harassment-assault-allegations- list/matt-zimmerman) Former executive News Publicly reported November 16, 2017 Multiple people have said he pursued relationships with young women who worked with him, and sent inappropriate text messages. He has been fired. Sources/more info: 1 ( 2 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 53/79 \u201cWe have recently learned that Matt Zimmerman engaged in inappropriate conduct with more than one woman at NBCU, which violated company policy. As a result, he has been dismissed News spokesperson ( claims-1058026) Kaj Larsen (/a/sexual-harassment-assault-allegations-list/kaj- larsen) Former bureau chief, Vice Publicly reported November 15, 2017 woman has reported that he subjected her to unwanted touching and inappropriate sexual comments. He is no longer at the company. Sources/more info: 1 ( \u201cIt felt like a threat. [\u2026] The way he looked at me, the way he grabbed my arm remember feeling scared.\u201d \u2014 Phoebe Barghouty, former Vice associate producer ( vice-of-toxic-sexual-harassment-culture) Vince Ingenito (/a/sexual-harassment-assault-allegations- list/vince-ingenito) Former editor Publicly reported November 13, 2017 woman has reported that he sexually harassed her and a female co-worker. In March, he said he had been laid off. Sources/more info: 1 ( \u201cIt got to the point where couldn\u2019t work for multiple hours a day because was having panic attacks, so decided to quit.\u201d \u2014 Kallie Plagge, editor ( Jann Wenner (/a/sexual-harassment-assault-allegations- list/jann-wenner) Publisher, Rolling Stone Publicly reported November 10, 2017 Multiple people have said he sexually harassed or assaulted them or subjected them to unwanted advances or touching. Sources/more info: 1 ( 2 ( hadn\u2019t known exactly how violating sexual harassment really was until felt the pull inside myself as he dangled that contract in front of my face (at the time was quite desperate for work), while on the other hand was filled with revulsion over his proposition.\u201d \u2014 Ben Ryan, writer ( Michael Hafford (/a/sexual-harassment-assault-allegations- list/michael-hafford) Freelance writer; former \"Male Feminist\" columnist at Broadly, a Vice Media site 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 54/79 Publicly reported November 3, 2017 Multiple women have reported that he raped or abused them. He has been banned from contributing to Vice websites. Sources/more info: 1 ( think was in very deep denial that somebody who everybody knows and likes his writing would be capable of hurting me that much.\u201d \u2014 Helen Donahue, former Vice writer and social media editor ( allegatio-1819266286) David Corn (/a/sexual-harassment-assault-allegations- list/david-corn bureau chief, Mother Jones Publicly reported November 2, 2017 Multiple people have said he engaged in inappropriate workplace behavior, including unwanted touching and rape jokes. Mother Jones investigated previous reports, and did so again when new information surfaced, finding no misconduct. Sources/more info: 1 ( \u201cIn the summer and fall of 2014, some women staffers reported that they had quit pitching stories involving rape because David\u2019s reactions made them so uncomfortable.\u201d \u2014 a former Mother Jones staffer ( 244482) Michael Oreskes (/a/sexual-harassment-assault-allegations- list/michael-oreskes) Former senior vice president of news and editorial director, NPR; former editor, New York Times Publicly reported October 31, 2017 Multiple women have reported that he sexually harassed them. He has resigned from NPR. Sources/more info: 1 ( women/2017/10/31/a2078bea-bdf7-11e7-959c-fe2b598d8c00_story.html?utm_term=.b4dda71446b3) 2 ( \u201cThe worst part of my whole encounter with Oreskes wasn\u2019t the weird offers of room service lunch or the tongue kiss but the fact that he utterly destroyed my ambition.\u201d \u2014 anonymous, to the Washington Post ( harassment-by-two-women/2017/10/31/a2078bea-bdf7-11e7-959c-fe2b598d8c00_story.html?utm_term=.b4dda71446b3) Hamilton Fish (/a/sexual-harassment-assault-allegations- list/hamilton-fish) Former publisher, the New Republic; former president, the Nation Institute Publicly reported October 29, 2017 Multiple people said he subjected female employees to inappropriate remarks, touching, and unfair treatment. He has resigned from the New Republic. Sources/more info: 1 ( 2 ( 3 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 55/79 \u201cIt all took place against a backdrop where there was no personnel handbook and no one in an role.\u201d \u2014 anonymous, to HuffPost ( women_us_59f79183e4b0c0c8e67c258e) Mark Halperin (/a/sexual-harassment-assault-allegations- list/mark-halperin) Political journalist and author Publicly reported October 25, 2017 Multiple women have reported that he sexually harassed them, in some cases by pressing his genitals against them. He has been dismissed by News and MSNBC, and a book and project have been canceled. Sources/more info: 1 ( 2 ( 3 ( \u201cFor the last 11 years have had to watch this guy find success in every other news organization.\u201d \u2014 anonymous, to ( Leon Wieseltier (/a/sexual-harassment-assault-allegations- list/leon-wieseltier) Former literary editor, the New Republic; founding editor, Idea Journal of Politics and Culture Publicly reported October 24, 2017 Multiple women have said he sexually harassed them. The magazine he was to head has been shuttered. Sources/more info: 1 ( 2 ( 3 ( 4 ( didn\u2019t feel like there was ever any recourse for his behavior, because he was treated as a powerful, even untouchable, person, certainly more important and indispensable than me.\u201d \u2014 Katherine Marsh, writer ( Knight Landesman (/a/sexual-harassment-assault-allegations- list/knight-landesman) Former publisher, Artforum Publicly reported October 24, 2017 Multiple women and men have accused him of sexual harassment or unwanted touching. He has resigned. Sources/more info: 1 ( 2 ( \u201cWhenever I\u2019d see him my body would contract in fear so started avoiding him.\u201d \u2014 anonymous ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 56/79 Lockhart Steele (/a/sexual-harassment-assault-allegations- list/lockhart-steele) Former editorial director, Vox Media Publicly reported October 20, 2017 former employee has reported unwanted kissing and touching by him. He has been fired. Sources/more info: 1 ( 2 ( \u201c[S]uddenly, in the dark corner of the car, he was kissing my neck.\u201d \u2014 Eden Rohatensky, developer ( fucking-creeps-119f0cbd3f07) Harry Knowles (/a/sexual-harassment-assault-allegations- list/harry-knowles) Founder, Ain't It Cool News Publicly reported September 23, 2017 Multiple women have reported that he sexually harassed or assaulted them. He has stepped down from Ain\u2019t It Cool News. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cHarry sexually harassed me. He has sexually harassed other women in this community for years. This wasn\u2019t an anomaly. He is a predator.\u201d \u2014 Britt Hayes, film writer ( ) Charles Payne (/a/sexual-harassment-assault-allegations- list/charles-payne) Host, Fox Business; contributor, Fox News Publicly reported September 18, 2017 woman says that he raped her, and that Fox retaliated against her when she reported the experience. Payne was suspended but has returned to work following an investigation. Sources/more info: 1 ( _r=0&referer= 2 ( \u201cIn July of 2013 was raped by Charles Payne. [\u2026] In July of 2017 was raped again by Fox News.\u201d \u2014 Scottie Nell Hughes, political commentator ( payne.html?_r=0&referer= Eric Bolling (/a/sexual-harassment-assault-allegations-list/eric- bolling) Former host, Fox News Publicly reported August 4, 2017 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 57/79 Multiple people say he sent unsolicited photos of male genitals to at least 3 colleagues. He has left Fox News, and his show has been canceled. Sources/more info: 1 ( 2 ( 3 ( \u201cThe women did not solicit the messages, which they told colleagues were deeply upsetting and offensive.\u201d \u2014 Yashar Ali, HuffPost ( messages_us_5984d2bbe4b0cb15b1be6d65?hd6) Sean Hannity (/a/sexual-harassment-assault-allegations- list/sean-hannity) Host, Fox News Publicly reported April 21, 2017 former Fox News guest has said he asked her to come back to his hotel, and did not invite her back on his show after she refused. Sources/more info: 1 ( 2 ( 3 ( \u201cAfter said wouldn\u2019t go to his hotel was blacklisted from Fox News.\u201d \u2014 Debbie Schlussel, lawyer and blogger ( harassment-claim-n750211) Bill O'Reilly (/a/sexual-harassment-assault-allegations-list/bill- o-reilly) Former host, Fox News Publicly reported April 1, 2017 Multiple women have said he sexually harassed them. He has been fired from Fox News. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was like street harassment in the office.\u201d \u2014 Perquita Burgess, former Fox temp worker ( sexual-harassment-995841) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 18 Andy Rubin (/a/sexual-harassment-assault-allegations- list/andy-rubin) Former Google executive Publicly reported October 25, 2018 Google employee accused him of coercing her into oral sex, and a company investigation found her claim credible, according to two Google executives. He resigned from Google in 2014 with a $90 million exit package. 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 58/79 Sources/more info: 1 ( \u201cShe agreed to meet him at a hotel, where she said he pressured her into oral sex.\u201d \u2014 New York Times ( Richard DeVaul (/a/sexual-harassment-assault-allegations- list/richard-devaul) Google executive Publicly reported October 25, 2018 woman whom DeVaul had interviewed for a job says he invited her to what she thought was a professional meeting, then asked her to take off her shirt and offered her a back rub. He has apologized for an \u201cerror of judgment,\u201d and Google has taken unspecified \u201ccorrective action.\u201d Sources/more info: 1 ( didn\u2019t have enough spine or backbone to shut that down as a 24-year-old.\u201d \u2014 Star Simpson, engineer ( Amit Singhal (/a/sexual-harassment-assault-allegations- list/amit-singhal) Former Google executive Publicly reported October 25, 2018 An employee said that he groped her, according to three people briefed on the incident. He resigned and received an exit package worth millions of dollars, they said. Sources/more info: 1 ( \u201cIn 2015, an employee said Mr. Singhal groped her at a boozy off-site event attended by dozens of colleagues, said three people who were briefed on the incident.\u201d \u2014 New York Times ( Demos Parneros (/a/sexual-harassment-assault-allegations- list/demos-parneros) Former CEO, Barnes & Noble Publicly reported August 28, 2018 former employee said he sexually harassed her. He was fired for this and other violations of company policies, according to Barnes & Noble. Sources/more info: 1 ( [Parneros was] \u201cterminated for sexual harassment, bullying behavior and other violations of company policies.\u201d \u2014 Barnes & Noble board of directors ( lawsuit.html) Terdema Ussery (/a/sexual-harassment-assault-allegations- list/terdema-ussery) Former president and CEO, Dallas Mavericks; former president of global sports, Under Armour Publicly reported February 20, 2018 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 59/79 Multiple women say he subjected them to unwanted advances or touching, or other inappropriate behavior, while they worked for the Mavericks or Under Armour. Sources/more info: 1 ( 2 ( felt trapped, frozen, scared.\u201d \u2014 anonymous, to Sports Illustrated ( cuban-response) Steve Wynn (/a/sexual-harassment-assault-allegations- list/steve-wynn) Founder, Wynn Resorts; former finance chair, Republican National Committee Publicly reported January 27, 2018 Dozens of people have said that he pressured female employees to perform sex acts, exposed himself, or engaged in unwanted touching. He has resigned from the and from Wynn Resorts. Sources/more info: 1 ( 1516985953) 2 ( 3 ( was not brave enough to say, \u2018How dare you?\u2019\u201d \u2014 Shawn Cardinal, former personal assistant to Wynn's ex-wife ( of-sexual-misconduct-by-las-vegas-mogul-steve-wynn-1516985953) Max Ogden (/a/sexual-harassment-assault-allegations- list/max-ogden) Computer programmer; executive director, Code for Science & Society Publicly reported December 15, 2017 former partner reported that Ogden was sexually abusive, controlling, and coercive. Ogden has stepped down from leadership roles with Code for Science & Society and the Dat Project. Sources/more info: 1 ( 2 ( 3 ( think \u2014 all the time \u2014 about my silence. How it protected him while he abused me & protects him now.\u201d \u2014 Jessica Lord, web developer ( Harold Ford Jr. (/a/sexual-harassment-assault-allegations- list/harold-ford-jr) Former managing director and senior client relationship manager, Morgan Stanley; former representative (D-TN) Publicly reported December 7, 2017 woman has reported that he sexually harassed and intimidated her. He has been fired from Morgan Stanley, but the bank now says he was not fired for sexual misconduct. Sources/more info: 1 ( 2 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 60/79 \u201cThe woman alleged that Ford engaged in harassment, intimidation, and forcibly grabbed her one evening in Manhattan, leading her to seek aid from a building security guard.\u201d \u2014 Yashar Ali, HuffPost ( psa) Sam Isaly (/a/sexual-harassment-assault-allegations-list/sam- isaly) Co-founder, managing partner, OrbiMed Publicly reported December 5, 2017 Multiple people have reported that he sexually harassed female employees. He announced plans to retire. Sources/more info: 1 ( 2 ( harassment-allegations/933808001/) 3 ( 4 ( \u201cIt was like a fact of life that everyone had to accept. Sam just did what he could get away with.\u201d \u2014 Yanping Ren, former OrbiMed intern ( Shervin Pishevar (/a/sexual-harassment-assault-allegations- list/shervin-pishevar) Venture capitalist; co-founder, Sherpa Capital Publicly reported November 30, 2017 Multiple woman say he sexually assaulted or harassed them. He has resigned from Sherpa Capital. Sources/more info: 1 ( multiple-women) 2 ( wanted to get career advice, and it was twisted into something else.\u201d \u2014 anonymous, to Bloomberg ( sexual-misconduct-by-multiple-women) Howie Rubin (/a/sexual-harassment-assault-allegations- list/howie-rubin) Former portfolio manager, Soros Fund Management Publicly reported November 3, 2017 Three women have reported that he raped and beat them. Sources/more info: 1 ( 2 ( \u201cWhile arrogance and self-import may convince certain men otherwise, neither money nor power gives any person the right to victimize a woman.\u201d \u2014 Jeremy Saland, a lawyer for one of the women ( women-in-penthouse-dungeon/) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 61/79 Caleb Jennings (/a/sexual-harassment-assault-allegations- list/caleb-jennings) Former lead Chicago organizer, Fight for 15 (SEIU) Publicly reported October 24, 2017 Multiple staffers reported that he had a sexist attitude and physically assaulted a female staffer, who was later fired criminal court found him not guilty of assault. He has been fired. Sources/more info: 1 ( \u201cThe sexist and aggressive attitude of Caleb Jennings has created a toxic environment and fear inside the office of the FF15.\u201d \u2014 four Chicago organizers, in an email to SEIU's president ( utm_term=.loVMKgYgn#.fke9KO0OA) Robert Scoble (/a/sexual-harassment-assault-allegations- list/robert-scoble) Blogger; co-founder, the Transformation Group Publicly reported October 19, 2017 Multiple women have reported that he sexually assaulted or harassed them. He has resigned from the Transformation Group. Sources/more info: 1 ( 2 ( 3 ( 4 ( allegations/789071001/) \u201cIt made me sick to work with him, but also he was offering so much help. [\u2026] As women we sometimes have to make tough choices. Do want to call him out, or do want to advance my career?\u201d \u2014 anonymous, to TechCrunch ( women-after-going-sober/) Scott Courtney (/a/sexual-harassment-assault-allegations- list/scott-courtney) Former executive vice president, Service Employees International Union (SEIU) Publicly reported October 19, 2017 Multiple people have said he had a history of relationships with young female staffers, who were later promoted. He has resigned. Sources/more info: 1 ( 2 ( \u201cQuestions were raised about Executive Vice President Scott Courtney relating to a romantic relationship between a staff person and a supervisor.\u201d \u2014 Mary Kay Henry international president ( utm_term=.kamE9wKw5#.wbXe01w1v) Chris Sacca (/a/sexual-harassment-assault-allegations- list/chris-sacca) Retired venture capital investor 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 62/79 Publicly reported June 30, 2017 woman reported that he touched her face without her consent. Sources/more info: 1 ( 2 ( \u201cThere is such a massive imbalance of power that women in the industry often end up in distressing situations.\u201d \u2014 Susan Wu, entrepreneur and investor ( sexual-harassment.html?_r=0) Dave McClure (/a/sexual-harassment-assault-allegations- list/dave-mcclure) Investor; co-founder, 500 Startups Publicly reported June 30, 2017 woman has reported that he sexually assaulted her, and another says he made an unwanted advance. He has said he made inappropriate advances to multiple women and has resigned from 500 Startups. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cIt\u2019s the worst position to be in when you feel helpless about something you know was outright wrong.\u201d \u2014 Cheryl Yeoh, entrepreneur ( Justin Caldbeck (/a/sexual-harassment-assault-allegations- list/justin-caldbeck) Co-founder, former managing partner, Binary Capital Publicly reported June 24, 2017 Multiple women have said he made unwanted advances toward them. He has resigned from Binary Capital. Sources/more info: 1 ( 2 ( \u201cWhile we\u2019re happy that he apologized and we\u2019re happy especially for the support of the amazing women and men, our strong preference would have been to not be in this position to begin with.\u201d \u2014 Leiti Hsu, co-founder of the startup Journy ( making-unwanted-advances/) Travis Kalanick (/a/sexual-harassment-assault-allegations- list/travis-kalanick) Founder, Uber Publicly reported June 17, 2017 female employee has said he visited a bar with escort services, along with her and other employees, making her uncomfortable. Multiple employees also reported discrimination, sexual harassment, and a toxic environment at the company. Kalanick has resigned. 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 63/79 Sources/more info: 1 ( 2 ( 3 ( \u201cEvery time something ridiculous happened, every time a sexist email was sent, I\u2019d sent a short report to just to keep a record going.\u201d \u2014 Susan J. Fowler, former Uber engineer ( uber ) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 46 Eric Bauman (/a/sexual-harassment-assault-allegations- list/eric-bauman) Former chair, California Democratic Party Publicly reported November 28, 2018 Multiple people say he made sexually explicit comments in the workplace and other professional settings, and engaged in unwanted touching. He has resigned. Sources/more info: 1 ( 2 ( felt really embarrassed, almost ashamed, and uncomfortable.\u201d \u2014 Grace Leekley, temporary party staffer ( 20181128-story.html) Albert J. Alvarez (/a/sexual-harassment-assault-allegations- list/albert-j-alvarez) Former chief of staff, New Jersey Schools Development Authority Publicly reported October 10, 2018 woman has said he sexually assaulted her when they both worked on New Jersey Gov. Phil Murphy\u2019s campaign. He has resigned from his position with the New Jersey schools. Sources/more info: 1 ( criminal-allegation-642671?mod=article_inline) 2 ( straight up said: \u2018This is not consensual.\u2019\u201d \u2014 Katie Brennan, chief of staff, New Jersey Housing and Mortgage Finance Agency ( assault-accusation-in-new-jersey-exposes-a-national-dilemma-1539542172) Charles Schwertner (/a/sexual-harassment-assault-allegations- list/charles-schwertner) Texas state senator (R-Georgetown) Publicly reported September 25, 2018 graduate student at Austin said he sent her an explicit text message Austin investigation found it was \u201cplausible\u201d that a third party had sent the message, though Schwertner did not fully cooperate with the investigation. 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 64/79 Sources/more info: 1 ( misconduct-claim/asnidSImg1fcb2FNBZ8iCO/) 2 ( \u201cPlease stop the inappropriate texts, it is unprofessional.\u201d \u2014 anonymous, graduate student, in a message to Schwertner ( related-investigation-charles-schwertner/) Brett Kavanaugh (/a/sexual-harassment-assault-allegations- list/brett-kavanaugh) Supreme Court justice Publicly reported September 14, 2018 woman has said he sexually assaulted her, another has said he thrust his genitals in her face without her consent, and others have said they witnessed abusive or inappropriate behavior by him. After a hearing and investigation into some of the allegations, he was confirmed to the Supreme Court. Sources/more info: 1 ( kavanaugh-stirs-tension-among-democrats-in-congress) 2 ( about-her-allegation-of-sexual-assault/2018/09/16/46982194-b846-11e8-94eb-3bd52dfe917b_story.html) 3 ( supreme-court-nominee-brett-kavanaughs-college-years-deborah-ramirez) 4 ( 5 ( thought that Brett was accidentally going to kill me.\u201d \u2014 Christine Blasey Ford, psychology professor ( statement-for-senate-hearing) David Keyes (/a/sexual-harassment-assault-allegations- list/david-keyes) Former spokesperson for Prime Minister Benjamin Netanyahu of Israel Publicly reported September 11, 2018 woman has said he sexually assaulted her, and three others have said he tried to bully them into sex. He has resigned as Netanyahu\u2019s spokesperson. Sources/more info: 1 ( \u201cIt was completely nonconsensual.\u201d \u2014 Julia Salazar, New York state Senate candidate ( israel.html) Tom Frieden (/a/sexual-harassment-assault-allegations- list/tom-frieden) Former director, Centers for Disease Control and Prevention Publicly reported August 24, 2018 woman reported that he groped her. He has been charged with sexual abuse, forcible touching, and harassment. 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 65/79 Sources/more info: 1 ( idUSKCN1L91PV) 2 ( saw his face again and realized all this man had been doing was protecting himself.\u201d \u2014 the woman who has reported that Frieden groped her ( busted-groping-20180824-story.html) Nick Sauer (/a/sexual-harassment-assault-allegations- list/nick-sauer) Former state representative, Illinois (R-51st district) Publicly reported August 1, 2018 An ex-girlfriend has said he posted nude photos of her on a fake Instagram account without her consent. He has resigned. Sources/more info: 1 ( 2 ( \u201cNick would use [a fake Instagram account] to direct message men with my photos to engage in graphic conversations of a sexual nature.\u201d \u2014 Kate Kelly, ex-girlfriend of Nick Sauer ( Corey Coleman (/a/sexual-harassment-assault-allegations- list/corey-coleman) Former personnel chief, Federal Emergency Management Agency Publicly reported July 30, 2018 He is under investigation in connection with allegations that he sexually harassed an employee and created an environment in which women were hired as possible sex partners for male employees. He has resigned from FEMA. Sources/more info: 1 ( employees-agency-chief-says/2018/07/30/964da518-9403-11e8-80e1-00e80e1fdf43_story.html?utm_term=.8feb29dc11f9) 2 ( complaints/2018/08/02/52d9785e-964f-11e8-810c-5fa705927d54_story.html?utm_term=.b182fd5f90b3) \u201cWhat we uncovered was a systemic problem going back years.\u201d \u2014 William \"Brock\" Long administrator ( some-as-possible-sexual-partners-for-male-employees-agency-chief-says/2018/07/30/964da518-9403-11e8-80e1- 00e80e1fdf43_story.html?utm_term=.8feb29dc11f9) Mel Watt (/a/sexual-harassment-assault-allegations-list/mel- watt) Director, Federal Housing Finance Agency (Democrat) Publicly reported July 27, 2018 An employee has said he sexually harassed her. He is under investigation. Sources/more info: 1 ( metoo-story/?utm_term=.6010e94fbbba) 2 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 66/79 felt vulnerable and unsafe.\u201d \u2014 Simone Grimes, supervisory program management analyst ( watches-kavanaugh-senate-hearing-house-will-hear-another-metoo-story/?utm_term=.6010e94fbbba) Curtis Hill (/a/sexual-harassment-assault-allegations- list/curtis-hill) Attorney general, Indiana (Republican) Publicly reported July 2, 2018 lawmaker, two staffers, and another woman have said he touched them inappropriately. He is under criminal investigation. Sources/more info: 1 ( 2 ( hill/868706002/) 3 ( appointed/826870002/) \u201c[H]e grabbed my hand and moved both of our hands over my butt, lingering there before releasing me.\u201d \u2014 Niki DaSilva, Indiana state Senate aide ( memo-detailing-allegations-against-hill/868706002/) Eric Schneiderman (/a/sexual-harassment-assault-allegations- list/eric-schneiderman) Former attorney general, New York (D) Publicly reported May 7, 2018 Multiple women have said he physically abused them, in some cases during sex. He has resigned. After an investigation, prosecutors announced he would not face criminal charges. Sources/more info: 1 ( 2 ( 3 ( \u201cTaking a strong woman and tearing her to pieces is his jam.\u201d \u2014 Michelle Manning Barish, writer and activist ( attorney-general-of-physical-abuse) Clay Johnson (/a/sexual-harassment-assault-allegations- list/clay-johnson) Political technoogy expert; former lead programmer, Howard Dean campaign Publicly reported May 4, 2018 Two women have said he sexually assaulted them, and others have said he made inappropriate sexual comments. Sources/more info: 1 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 67/79 \u201c[B]efore could say anything, the next thing remember is was pinned on his bed.\u201d \u2014 Sarah Schacht, former Howard Dean campaign staffer ( dean-campaign_us_5aebb6d7e4b0c4f1932090ac?pdb) Tony C\u00e1rdenas (/a/sexual-harassment-assault-allegations- list/tony-cardenas representative (D-CA) Publicly reported April 27, 2018 woman has sued, alleging that an unnamed elected official sexually assaulted her when she was a teenager. C\u00e1rdenas has confirmed he is the subject of the suit, though he denies the allegations. Sources/more info: 1 ( 2 ( abuse/2018/05/03/0f2ef7d8-4f04-11e8-af46-b1d6dc0d9bfe_story.html?utm_term=.2d65cb07fae2) \u201cThe suit alleges sexual battery, assault and intentional infliction of emotional distress.\u201d \u2014 Dakota Smith, Los Angeles Times ( Benton Strong (/a/sexual-harassment-assault-allegations- list/benton-strong) Former associate director for communications, Center for American Progress Action Fund; former employee, Seattle Office of Sustainability and Energy Publicly reported April 23, 2018 Two women have reported that he made inappropriate comments or sent unwanted, sexually explicit text messages. Another woman reported that he harassed and assaulted her after a breakup in college. He has resigned from his job with the city of Seattle. Sources/more info: 1 ( utm_term=.ovxDYDMne#.vp8QvQOwn surely expected better out of an organization that housed a national campaign on sexual assault.\u201d \u2014 Mary, in a memo to ( utm_term=.ovxDYDMne#.vp8QvQOwn) Benjamin Sparks (/a/sexual-harassment-assault-allegations- list/benjamin-sparks) Political adviser Publicly reported April 4, 2018 Sparks\u2019s ex-fianc\u00e9e has said that he sexually enslaved and battered her. He has been fired from the consulting firm where he was the political affairs director and has been charged with misdemeanor domestic battery. Sources/more info: 1 ( her-his-sex-slave/) 2 ( woman-his-sex-slave/) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 68/79 \u201cOver the last month it escalated into very rough sex where he\u2019d actually hurt me.\" \u2014 anonymous, to the Las Vegas Review-Journal ( says-las-vegas-gop-campaign-adviser-made-her-his-sex-slave/) Nicholas Kettle (/a/sexual-harassment-assault-allegations- list/nicholas-kettle) Former Rhode Island state senator (R-Coventry) Publicly reported February 19, 2018 He has been charged with video voyeurism for allegedly sending nude photos of a woman without her knowledge, and with extorting sex from a teenage state House page. He has resigned. Sources/more info: 1 ( 2 ( house-page) 3 ( \u201cMr. Kettle stated that he needed to be \u2018stealthy\u2019 and was asking [the friend] for advice on how to take a video without [his girlfriend] knowing.\u201d \u2014 Robert Hopkins, Rhode Island state police detective ( girlfriend-to-married-friend/?utm_medium=social&utm_source=twitter_StephMachado) Ed Crane (/a/sexual-harassment-assault-allegations-list/ed- crane) Co-founder, Cato Institute Publicly reported February 8, 2018 Multiple woman say he sexually harassed them, and others say he made inappropriate comments about women\u2019s bodies and clothing in the workplace. Sources/more info: 1 ( utm_content=buffer16e91&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer) \u201cThe minute she left he turned to all the men in the room and went, \u2018Man, I\u2019d love to have her sit on my face.\u2018\u201d \u2014 anonymous, to Politico ( utm_content=buffer16e91&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer) Cristina Garcia (/a/sexual-harassment-assault-allegations- list/cristina-garcia) California state Assembly member (D) Publicly reported February 8, 2018 Multiple men have reported that she groped them or made unwanted advances. Sources/more info: 1 ( 2 ( spin-the-bottle-complaint-says/?utm_term=.b3da754dce8d) \u201cShe looked at me for a second and said, \u2018I\u2019ve set a goal for myself to fuck you.\u2019\u201d \u2014 anonymous, to Politico ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 69/79 Burns Strider (/a/sexual-harassment-assault-allegations- list/burns-strider) Former adviser, Hillary Clinton presidential campaign (2008); former leader, Correct the Record Publicly reported January 26, 2018 woman reported that he sexually harassed her while they worked on the Clinton campaign, and multiple former colleagues say he was fired from Correct the Record after sexual harassment allegations there. Sources/more info: 1 ( 2008.html?smid=tw-share) \u201cShe told a campaign official that Mr. Strider had rubbed her shoulders inappropriately, kissed her on the forehead and sent her a string of suggestive emails\u201d \u2014 Maggie Haberman and Amy Chozick, New York Times ( to-shield-a-top-adviser-accused-of-harassment-in-2008.html?smid=tw-share) Patrick Meehan (/a/sexual-harassment-assault-allegations- list/patrick-meehan representative (R-PA) Publicly reported January 20, 2018 former aide reported that he made unwanted advances toward her. He has been removed from the House Ethics Committee and will not seek reelection. Sources/more info: 1 ( 2 ( \u201cMr. Meehan professed his romantic desires for her \u2014 first in person, and then in a handwritten letter \u2014 and he grew hostile when she did not reciprocate, the people familiar with her time in the office said.\u201d \u2014 Katie Rogers and Kenneth P. Vogel, New York Times ( harassment.html) Jeffrey Klein (/a/sexual-harassment-assault-allegations- list/jeffrey-klein) New York state senator (D-Bronx) Publicly reported January 10, 2018 woman says he forcibly kissed her. The New York state Democratic Party has called for an investigation. Sources/more info: 1 ( 2 ( \u201cAll of a sudden there was a hand on the back of my head and he shoved his tongue down my throat.\u201d \u2014 Erica Vladimer, former New York state Senate staffer ( misconduct_us_5a5531cbe4b03417e872f80e?4ps) Eric Greitens (/a/sexual-harassment-assault-allegations- list/eric-greitens) Governor, Missouri (R) Publicly reported January 10, 2018 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 70/79 According to an investigative report, he coerced a woman into oral sex, claimed to have taken a compromising photo of her, and threatened to release it if she told anyone. He has been charged with invasion of privacy. Sources/more info: 1 ( 2 ( 3 ( \u201cHe stepped back saw a flash through the blindfold and he said: \u2018you\u2019re never going to mention my name, otherwise there will be pictures of me everywhere.\u2019\u201d \u2014 anonymous, on a tape obtained by ( affair#.WlbpAn6BIAA.twitter) Corey Lewandowski (/a/sexual-harassment-assault-allegations- list/corey-lewandowski) Political commentator; former campaign manager for Donald Trump Publicly reported December 22, 2017 woman has filed a sexual assault complaint against him, saying he slapped her twice on the buttocks. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was completely demeaning and shocking.\u201d \u2014 Joy Villa, singer ( Andrea Ramsey (/a/sexual-harassment-assault-allegations- list/andrea-ramsey) Former candidate for the House of Representatives (D-KS) Publicly reported December 15, 2017 man has reported that she sexually harassed him and retaliated when he rejected her advances. She has dropped out of her congressional race. Sources/more info: 1 ( \u201cAfter rejected her, she told me she now was hearing bad things about my performance and on June 13, 2005, terminated my employment.\u201d \u2014 Gary Funkhouser, former employee, LabOne ( Bobby Scott (/a/sexual-harassment-assault-allegations- list/bobby-scott representative (D-VA) Publicly reported December 15, 2017 woman reports that he sexually harassed her. Sources/more info: 1 ( denied-lawmaker/955214001/) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 71/79 was propositioned to have a sexual relationship with my boss that did not want was retaliated against was wrongfully terminated and was blackballed.\u201d \u2014 M. Reese Everson, author and attorney ( alleges-sexual-harassment-strongly-denied-lawmaker/955214001/) Ed Murray (/a/sexual-harassment-assault-allegations-list/ed- murray) Secretary of state, Wyoming (R) Publicly reported December 14, 2017 woman says that he sexually assaulted her. Sources/more info: 1 ( assaulted/article_2f1faf41-90a7-52b4-b6c6-bbf374843977.html#utm_source=trib.com&utm_campaign=%2Femail- updates%2Fbreaking%2F&utm_medium=email&utm_content was disgusted and horrified.\u201d \u2014 Tatiana Maxwell, real estate developer ( secretary-of-state-ed-murray-sexually-assaulted/article_2f1faf41-90a7-52b4-b6c6- bbf374843977.html#utm_source=trib.com&utm_campaign=%2Femail- updates%2Fbreaking%2F&utm_medium=email&utm_content=) Dan Johnson (/a/sexual-harassment-assault-allegations- list/dan-johnson) Former state representative (R-KY) Publicly reported December 12, 2017 woman reported that he sexually assaulted her when she was 17. He killed himself shortly after the allegations were published. Sources/more info: 1 ( 2 ( resign/) 3 ( his-widow-calls-it-a-high-tech-lynching/?utm_term=.de8f0844cfb5) \u201cWhat you did was beyond mean, it was evil.\u201d \u2014 Maranda Richmond, in a message to Johnson ( Alex Kozinski (/a/sexual-harassment-assault-allegations- list/alex-kozinski) Retired judge Court of Appeals for the Ninth Circuit Publicly reported December 9, 2017 Multiple former employees have said he showed them pornography, touched them inappropriately, or made inappropriate sexual comments to them. He has retired. Sources/more info: 1 ( misconduct/2017/12/08/1763e2b8-d913-11e7-a841-2066faf731ef_story.html?utm_term=.48dd2ff565cf) 2 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 72/79 3 ( allegations) \u201cIt wasn\u2019t just clear that he was imagining me naked, he was trying to invite other people \u2014 my professional colleagues \u2014 to do so as well.\u201d \u2014 Emily Murphy, former clerk ( kozinski-accused-of-sexual-misconduct/2017/12/08/1763e2b8-d913-11e7-a841-2066faf731ef_story.html?utm_term=.c956f1b10870) Trent Franks (/a/sexual-harassment-assault-allegations- list/trent-franks) Former representative (R-AZ) Publicly reported December 7, 2017 House sources said that he approached two female staffers about acting as a gestational surrogate for his wife and him. He has resigned. Sources/more info: 1 ( 2 ( 3 ( was asked a few times to look over a \u2018contract\u2019 to carry his child, and if would conceive his child would be given $5 million.\u201d \u2014 anonymous, to ( Borris Miles (/a/sexual-harassment-assault-allegations- list/borris-miles) State representative (D-TX) Publicly reported December 6, 2017 Multiple people have said that he subjected women to unwanted advances, sexual comments, or forcible kissing. Sources/more info: 1 ( just remember thinking need to go, and need to not be here anymore.\u2019\u201d \u2014 anonymous, to the Daily Beast ( capitol) Carlos Uresti (/a/sexual-harassment-assault-allegations- list/carlos-uresti) State representative (D-TX) Publicly reported December 6, 2017 Two women have reported that he sexually harassed them. Sources/more info: 1 ( \u201cHe put his hands on me, he ogled me would not get in an elevator with him.\u201d \u2014 anonymous, to the Daily Beast ( capitol) Matt Dababneh (/a/sexual-harassment-assault-allegations- list/matt-dababneh) Former California state Assembly member (D) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 73/79 Publicly reported December 4, 2017 woman has reported that he exposed himself to her and masturbated in front of her, and another has said he harassed her. He has resigned. Sources/more info: 1 ( bathroom/) 2 ( \u201cDuring the time he blocked me in that room, my instincts were focused on escaping without physical contact and in a way that would not cause a scene.\u201d \u2014 Pamela Lopez, lobbyist ( harassed-her-in-a-bathroom/) Rub\u00e9n Kihuen (/a/sexual-harassment-assault-allegations- list/ruben-kihuen representative (D-NV); former Nevada state senator Publicly reported December 1, 2017 Two women have reported that he sexually harassed them. Sources/more info: 1 ( utm_term=.iiPJY3D5AD#.uuJqGL8648) 2 ( \u201cYou don\u2019t really know what to say when a senator tells you, like, \u2018Nice ass.\u2019\u201d \u2014 anonymous, to the Nevada Independent ( persistent-unwanted-sexual-advances) Blake Farenthold (/a/sexual-harassment-assault-allegations- list/blake-farenthold representative (R-TX) Publicly reported November 30, 2017 former staffer sued him, alleging gender discrimination, sexual harassment, and creating a hostile work environment. He used taxpayer money to settle the claim. He will not seek reelection. Sources/more info: 1 ( 2 ( 3 ( \u201cIt\u2019s definitely turned my life upside down.\u201d \u2014 Lauren Greene, former communications director for Farenthold ( sexual-harass-greene-278869) John Conyers (/a/sexual-harassment-assault-allegations- list/john-conyers) Former representative (D-MI) Publicly reported November 20, 2017 Multiple former employees have said he sexually harassed female staffers. He has resigned. 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 74/79 Sources/more info: 1 ( 2 ( 3 ( 4 ( says/2017/12/05/17057ea0-d9bb-11e7-a841-2066faf731ef_story.html?utm_term=.37d0bbc4ae44 was basically blackballed. There was nowhere could go.\" \u2014 anonymous, to BuzzFeed ( utm_term=.jaYwr3D3b#.uxxxQ5g5V) Wesley Goodman (/a/sexual-harassment-assault-allegations- list/wesley-goodman) Former state representative (R-OH) Publicly reported November 17, 2017 man reported that Goodman groped him, and multiple men said he sent them unwanted or inappropriate sexual or suggestive messages. He quit after it was revealed that he had a consensual sexual encounter with a man in his office. Sources/more info: 1 ( gop-star/2017/11/17/b3b4b8da-c956-11e7-b0cf-7689a9f2d84e_story.html) 2 ( goodman/) 3 ( male.html) \u201cHe also asked how much \u2018p******y was getting and wondering what was doing on Friday and Saturday nights.\u201d \u2014 anonymous, to ( gop-rep-wes-goodman/) Al Franken (/a/sexual-harassment-assault-allegations-list/al- franken senator (D-MN) Publicly reported November 16, 2017 Multiple women have reported that he groped or otherwise harassed them. He has announced that he will resign from Congress. Sources/more info: 1 ( 2 ( 3 ( was stunned and incredulous felt demeaned felt put in my place.\u201d \u2014 anonymous former elected official in New England, to Jezebel ( franken-tried-to-g-1820849687) Jeff Kruse (/a/sexual-harassment-assault-allegations-list/jeff- kruse) Oregon state senator (R-Roseburg) Publicly reported November 15, 2017 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 75/79 Two women have reported that he sexually harassed or inappropriately touched them. He has been relieved of committee assignments and is under investigation. Sources/more info: 1 ( 2 ( \u201cWhat made all of this worse is that not only was continuing to experience this behavior, [\u2026] but was witnessing this happen to other women.\u201d \u2014 Sara Gelser, Oregon state senator (D-Corvallis) ( Calvin Smyre (/a/sexual-harassment-assault-allegations- list/calvin-smyre) Georgia state representative (D-Columbus) Publicly reported November 10, 2017 woman reported that he sexually assaulted her. Sources/more info: 1 ( 2 ( 3 ( \u201cHow many stories of assault and harassment have never been told because of political connections?\u201d \u2014 Jehmu Greene, political commentator ( Steve Lebsock (/a/sexual-harassment-assault-allegations- list/steve-lebsock) Former state representative, Colorado (D-Thornton) Publicly reported November 10, 2017 Multiple women have reported that he sexually harassed them. The Colorado House of Representatives has voted to expel him. Sources/more info: 1 ( 2 ( 3 ( \u201cOn Monday, for the first time in nearly two years, I\u2019m going to come to a building where I\u2019m not going to be worried about retaliation from someone stood up to.\u201d \u2014 Faith Winter, Colorado state representative ( Roy Moore (/a/sexual-harassment-assault-allegations-list/roy- moore) Former judge; 2017 Senate candidate Publicly reported November 9, 2017 Multiple women have said he sexually abused or assaulted them, or pursued them sexually or romantically when they were teenagers. Sources/more info: 1 ( 32/2017/11/09/1f495878-c293-11e7-afe9-4f60b5a6c4a0_story.html?tid=sm_tw&utm_term=.512aedc10bfb) 2 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 76/79 felt like had done something bad. And it kind of set the course for me doing other things that were bad.\u201d \u2014 Leigh Corfman, customer service representative ( initiated-sexual-encounter-when-she-was-14-he-was-32/2017/11/09/1f495878-c293-11e7-afe9-4f60b5a6c4a0_story.html? tid=sm_tw&utm_term=.d9990836f257) Dwayne Duron Marshall (/a/sexual-harassment-assault- allegations-list/dwayne-duron-marshall) Former chief of staff to Rep. Brenda Lawrence (D-MI) Publicly reported November 7, 2017 Multiple women have said he made inappropriate comments or engaged in unwanted touching in the workplace. He has resigned. Sources/more info: 1 ( 2 ( \u201cShe\u2019s complicit because she knows. [\u2026] She knows he makes comments. She knows he rubs the back and rubs the shoulders.\u201d \u2014 anonymous, about Rep. Lawrence, to Politico ( aide-244617) Tony Mendoza (/a/sexual-harassment-assault-allegations- list/tony-mendoza) California state senator (D-Artesia) Publicly reported November 7, 2017 Multiple people have said that he behaved inappropriately with a female legislative fellow and other staffers. He is under investigation and has been stripped of his leadership positions. Sources/more info: 1 ( 1513299672-htmlstory.html) 2 ( 3 ( 1517619265-htmlstory.html) \u201cShe said she feared for her job if she refused the invitations.\u201d \u2014 Patrick McGreevy, Los Angeles Times ( mendoza-under-investigation-for-1517619265-htmlstory.html) Raul Bocanegra (/a/sexual-harassment-assault-allegations- list/raul-bocanegra) Former California state Assembly member (D) Publicly reported October 27, 2017 Multiple women have reported that he groped them or made unwanted advances. He has resigned. Sources/more info: 1 ( 2 ( election/) 3 ( misconduct/) 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 77/79 \u201cHe grabbed me with one hand, grabbed my head and shoved his tongue into my mouth.\u201d \u2014 Sylvia Castillo, former student mentorship program coordinator ( lawmaker-accused-of-groping-fellow-staffer-will-not-run-for-re-election/) George H.W. Bush (/a/sexual-harassment-assault-allegations- list/george-h-w-bush) Former president Publicly reported October 25, 2017 Multiple women have said he groped them during photo ops. Sources/more info: 1 ( 2 ( \u201cAt the very moment when was feeling honored to be recognized for my work and to raise money for this important organization that believe in, President Bush made clear to me that because am a woman can be objectified, sexualized, reduced to a body part.\u201d \u2014 Christina Baker Kline, novelist ( Donald Trump (/a/sexual-harassment-assault-allegations- list/donald-trump) President of the United States Publicly reported October 15, 2017 More than a dozen women have accused him of sexual assault, harassment, or other misconduct. Sources/more info: 1 ( 2 ( 3 ( her-consent-the-white-house-denies-the-charge/2019/02/25/fe1869a4-3498-11e9-946a-115a5932c45b_story.html? utm_term=.a63ec198874b) \u201cHe was like an octopus. [\u2026] His hands were everywhere.\u201d \u2014 Jessica Leeds, businesswoman ( hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top- news) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 40 William Kelley (/a/sexual-harassment-assault-allegations-list/william Professor, Dartmouth College Department of Psychological and Brain Sciences Publicly reported October 31, 2017 More than a dozen people report that he created a hostile environment \u201cin which sexual harassment is normalized.\u201d He has b law enforcement is investigating. Sources/more info: 1 ( 2 ( 3 ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 78/79 \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf WRITING: Anna North, Constance Grady, Laura McGann, Aja Romano EDITING: Michelle Garcia, Susannah Locke, Eleanor Barkhorn DESIGN: Amanda Northrop, Christina Animashaun DEVELOPMENT: Ryan Mark, Kavya Sukumar EDITING: Tanya Pai LEAD: Kainaz Amaria Images: AP, Getty Images, Vjeran Pavic, Wikicommons ( Terms of Use ( \u2022 Privacy Policy ( \u2022 \u00a9 Vox Media, Inc. ( All rights reserved 4 ( \u201cPeople turned down other professional opportunities in order to be here, and upon finding out the extent to which t behaviors influenced their professional careers, very much wanted to switch.\u201d \u2014 anonymous, to Dartmouth ( 2/27/25, 6:38 William Kelley, Dartmouth College professor, sexual misconduct allegations 79/79", "7307_104.pdf": "William Kelley Resigns From Faculty The former professor had been investigated following allegations of sexual misconduct Articles (Photo by Eli Burakian \u201900) 7/17/2018 illiam Kelley, the last of three professors in the Department of Psychological and Brain Sciences (PBS) who were Susan J. Boutwell 2/27/25, 6:38 William Kelley Resigns From Faculty | Dartmouth 1/5 investigated for alleged sexual misconduct, has resigned. His resignation followed a recommendation that Kelley lose tenure and be dismissed. Kelley\u2019s resignation is effective immediately, President Philip J. Hanlon \u201977 told the Dartmouth community in an email sent today. Kelley\u2019s resignation follows the June 26 resignation of former professor Paul Whalen and the June 13 retirement of former professor Todd Heatherton. (Heatherton was able to retire, given his age and length of employment, an option not available to Kelley and Whalen.) \u201cThe past several months have been challenging for Dartmouth. We will now focus our attention on the work ahead to make this the best community it can be am encouraged by the progress we have made so far and know that together we can achieve this goal,\u201d wrote President Hanlon. Kelley\u2019s decision to resign came after Dean of the Faculty of Arts and Sciences Elizabeth Smith recommended that his tenure be revoked and his employment terminated. She made the same recommendations concerning Whalen and Heatherton. All three former faculty members will continue to be prohibited from entering Dartmouth property or attending any Dartmouth-sponsored events, no matter where they are held. The College has not entered into separation or non- disclosure agreements with the three men, Hanlon said. In October 2017, Hanlon announced that Dartmouth had hired an independent investigator to conduct separate internal investigations of the allegations against the three. At the time, Heatherton was on sabbatical leave and Whalen and Kelley were on paid leave. Also at the time, New Hampshire state and local law enforcement officials said they were launching an investigation into the allegations. The College continues to cooperate with law enforcement officials on their investigation. The cases of the three men have followed Dartmouth institutional policy, as set forth in the . Smith\u2019s recommendation Organization of the Faculty of Dartmouth College 2/27/25, 6:38 William Kelley Resigns From Faculty | Dartmouth 2/5 for each man was assessed and upheld by the faculty- elected Review Committee, which is part of the Faculty of Arts and Sciences. Hanlon wrote that \u201csexual misconduct and harassment have no place at Dartmouth. We will investigate all allegations fairly and impartially and hold accountable any community members found to have violated our policies or standards. Dartmouth\u2019s offers assistance and resources to those in need. Please do not hesitate to seek help.\u201d The institution\u2019s Presidential Steering Committee on Sexual Misconduct, charged in January with reviewing revisions to institution-wide policies on sexual misconduct response, prevention, education, and accountability, has submitted its report for review by Dartmouth\u2019s senior leadership. Following the review, Hanlon wrote that feedback on next steps would be sought from members of the Dartmouth community. \u201cWe are committed to improving our culture as we seek a safe and inclusive environment for all members of our community,\u201d Hanlon wrote. Susan Boutwell can be reached at . sexual respect website [email protected] 2/27/25, 6:38 William Kelley Resigns From Faculty | Dartmouth 3/5 Quoted 2/27/2025 \u201cWith fewer people getting vaccinated, we would expect the new cases of long to start going up again.\u201d Articles 2/26/2025 How Curiosity Can Make Tough Conversations Manageable Contact Careers 2/27/25, 6:38 William Kelley Resigns From Faculty | Dartmouth 4/5 Also of Interest: Copyright \u00a9 2025 Trustees of Dartmouth College Administrative Offices Emergency Preparedness Directory Mental Health Resources Sexual Respect & Title Accessibility Campus Map Participate In Multidisciplinary Research Dartmouth Files Lawsuit Answer in Federal Court Lawsuit Filed Against Dartmouth Privacy Index Site or Accessibility feedback 2/27/25, 6:38 William Kelley Resigns From Faculty | Dartmouth 5/5"} |
8,656 | John Norder | Michigan State University | [
"8656_101.pdf",
"8656_102.pdf",
"8656_103.pdf",
"8656_104.pdf"
] | {"8656_101.pdf": "The Minnesota Daily \u2022 March 11, 2020 \u2022 Rachel Croson\u2019s involvement in employee conduct case at prompts discussion Croson is the dean of a college at Michigan State University currently handling a sexual misconduct investigation, prompting University discussion about her role in it. Rachel Croson and President Joan Gabel both defend Croson\u2019s track record. by Katrina Pross At least three people involved in the hiring process for incoming University of Minnesota Provost Rachel Croson have expressed concern about her involvement with an ongoing employee conduct investigation at Michigan State University. Croson, who will begin her role as a top administrator March 30, said there is no cause for concern in response, as did University of Minnesota President Joan Gabel was surprised and saddened to find that individuals are challenging my commitment to protecting students and supporting survivors of sexual assault and harassment,\u201d Croson said in an email to Gabel, which was later forwarded to the Board of Regents. The regents will hold a retreat in Duluth from March 11- 13. Some regents have indicated that the issue will be further discussed at the meeting. The case at Michigan State In a 2019 report by Michigan State, professor John Norder of the Department of Anthropology within the College of Social Science was found to have more than 1,000 sexually explicit images and videos on his work computer, some of which included himself, which the report cites as misconduct. Norder is still teaching in the Department of Anthropology. It is unclear whether or not any disciplinary action, such as suspension, was taken against him following the findings of the initial report. Emily Urfer The Board of Regents meet about the East Gateway Project Resolution, on Friday, Feb. 14, 2020. The Board of Regents holds a meeting each month Title case was filed in August 2018, alleging Norder sexually harassed a colleague, according to the Detroit News. The case has not yet been resolved, said Elizabeth Abdnour, a lawyer representing the alleged victim in the case. In an emailed statement to the Minnesota Daily, Croson said that she cannot comment on personnel matters but is following Michigan State\u2019s policy concerning faculty discipline and approval. As dean of the College of Social Science, Croson works with other administrators in deciding employee discipline. According to Michigan State\u2019s policy regarding discipline of tenured faculty, faculty members may be \u201crelieved of duties\u201d or suspended during a review process into their conduct. In order to do so, the dean and the Office of the Associate Provost must agree that a faculty member\u2019s continued \u201cperformance of faculty duties\u201d poses a significant risk to people or property. Croson also said after she receives findings about employee conduct from the Title office, she meets with a number of stakeholders to make a decision about discipline \u2014 including the individual\u2019s supervisor, the associate provost, the associate vice president for academic human resources, and the Office of the General Counsel. \u201cTogether we discuss and decide upon the appropriate (and legally compliant) consequences for the violation,\u201d she said in the email. Decisions by deans, such as herself, can be overruled by a number of people, Croson said. That includes the provost, or eventually the president, the Board of Trustees, a faculty grievance officer or other faculty review panels. Citing confusion about Croson\u2019s involvement leaders suggest further investigation Regent Michael Hsu received a message mid-February from a Michigan State community member who expressed concern about Croson\u2019s involvement with Norder\u2019s discipline process. Hsu said he forwarded that message to the University of Minnesota\u2019s Office of the General Counsel. Croson responded to concerns Tuesday by sending a message to Gabel, who forwarded it to the Board of Regents. Hsu acknowledges that Croson\u2019s decision regarding Norder\u2019s continued employment is unknown but said he thinks the University of Minnesota has not taken enough action to further investigate the matter. He said he would like to see a \u201cthird- party investigation\u201d take place. \u201cLet\u2019s just go to the right steps, try and determine what happened or didn\u2019t happen. And think it\u2019s reasonable to have the provost answer questions about this think we need to look further,\u201d Hsu said. Regent Randy Simonson said he does not fully understand the situation and Croson\u2019s involvement in it, but it is something the University should be concerned about. \u201cObviously, it\u2019s an issue we need to be very \u2026 concerned about at our University do think we need to be very clear on it as a board,\u201d he said. In her statement to Gabel, which was sent to regents, Croson defended her track record in handling cases of sexual misconduct. She said she always followed university procedure and is engaged in reforming Michigan State\u2019s policies to support survivors. \u201cIn my time as Dean here at have always protected those vulnerable to harm, and followed University policies and procedures in implementing appropriate consequences for policy violations,\u201d she said in the email. During the selection process for the provost position at Minnesota, Croson emphasized that preventing sexual misconduct is a priority for her, having stepped up as a leader when former Michigan State President Lou Anna Simon resigned during the high-profile Larry Nassar abuse case. Provost search committee member James Farnsworth sent an email last week to several regents and Gabel, expressing concern about the situation. He chose to act in part due to his membership of the committee that selected Croson, he said believe it\u2019s important to ask questions and to seek clarification \u2026 whether it\u2019s hiring one of the most important positions at the University, which is the provost, or doing a number of other things think it\u2019s our job to ask questions and to be responsive to people who are bringing things forward,\u201d he said in an interview with the Minnesota Daily. Gabel responded to Farnsworth on March 7, saying she is confident in her selection of Croson as provost. \u201cWhat remains central to the University of Minnesota is the judgment that Dean Croson will bring sensitivity and good judgment to matters involving allegations of sexual misconduct know we share a deep commitment to the prevention of sexual misconduct. In the spirit of that commitment stand behind the decision to welcome Rachel Croson as the next Provost of the University of Minnesota,\u201d she said in the email.", "8656_102.pdf": "Attorney must resolve sex misconduct cases faster Published 1:56 p.m Feb. 14, 2020 Updated 3:18 p.m Feb. 14, 2020 Three years after Michigan State University confronted the Larry Nassar sex abuse scandal and instituted reforms across campus, officials need a faster process for resolving sexual misconduct complaints, an attorney told the board Friday. The attorney, Elizabeth Abdnour, said she represents a client whose complaint against an professor remains unresolved a year and a half after it was filed with the university's Office of Institutional Equity, which reviews concerns related to discrimination and harassment, including sexual misconduct complaints. MSU's policy includes timelines for a decision to be made after a complaint has been filed, with a maximum of 120 days barring extenuating circumstances. But Abdnour said the case involving her client has extended to four times the maximum time frame in MSU's policy. \"This should not be taking this long,\" she said. In August 2018, a colleague of Abdnour's client employee Christie Poitra, reported Poitra's supervisor Associate Professor John Norder, alleging that he repeatedly told Poitra about his sexual fetishes and experiences that included bondage, anonymous sex, voyeurism and sex with his wife, said Abdnour. Norder also allegedly talked about his body parts and asked Poitra how she lost her virginity, promoting her to get a personal protection order even though told him to not have contact with her, Abdnour told the board during its regularly scheduled meeting. An investigatory report produced a year ago by the university's Information Security department showed officials recovered more than 1,000 sexually explicit video and Kim Kozlowski The Detroit News 2/27/25, 6:38 Attorney must resolve sex misconduct cases faster 1/3 image files from Norder, some of which included the subject himself, and evidence of deleted files of sexually explicit images and web browser bookmarks for sexually explicit sites, Abdnour said. But 544 days have passed since the complaint was filed \u2014 which is more than four times the amount of time it should take for resolution of a sexual misconduct complaint, Abdnour said. \"And where has Dr. Norder been during this time?\" Abdnour said to the board. \"He is teaching two undergraduate anthropology classes this semester every Tuesday and Thursday in the Natural Sciences building with full unfettered access to students.\" Abdnour said that Poitra, who stood beside her while as she spoke to the trustees, believes in MSU. \"She asks the Board of Trustees to fix the Title process and make sure people like Dr. Norder do not remain on campus,\" Abdnour said. Poitra declined to speak after the meeting. Attempts to reach Norder were unsuccessful President Samuel Stanley addressed Abdnour's comments after the meeting, saying he was unaware of this specific case but would be looking into it spokeswoman Emily Guerrant said. The complaint against Norder remains open, Guerrant said flow chart with a time frame for complaints states that will conduct a fair, impartial investigation in a timely manner designed to provide all parties with resolution.\" Parties can expect an investigation to be completed in 60 days, according to the flow chart. When a hearing is not held, parties can expect a 90-day resolution. In cases involving a hearing, parties can expect a written decision in 120 days after begins an investigation. All time frames include the caveat that good cause could push the time frame back. \"Good cause for extension may exist for a variety of factors, including the complexity of the circumstances of each allegation, the integrity and completeness of the investigation, to comply with a request by law enforcement, to accommodate the availability of witnesses, to account for University breaks or vacations, or to address other legitimate investigatory issues,\" according to the flow chart. 2/27/25, 6:38 Attorney must resolve sex misconduct cases faster 2/3 While Stanley said he didn't know the full details, he added that it is unacceptable for 500 days to pass without a resolution from the Office for Institutional Equity, which investigates sexual misconduct complaints. Stanley also spoke about his recent appointment of Melody Werner, director of MSU's Office of Institutional Equity, and Tanya Jachimiak, associate vice president of the Office for Civil Rights and Title Education and Compliance. He has discussed with them concerns over investigations that are taking unusual lengths of time, Guerrant said was inundated with sexual misconduct complaints about Nassar, who is incarcerated after sexually assaulting hundreds of women for decades. The university hired outside officials to help address the complaints made many changes on campus to respond to the scandal and make it a safer place, including new positions in the university's Title office, which investigates sexual misconduct complaints. \"The (Office of Institutional Equity) has put some new processes in place to address the length of investigations, including a restructuring of the office processes and also adding additional investigators,\" Guerrant said. \"Between 2018 and 2019, the average number of days an investigation took went down from 190 days to 118 days. The work to provide more timelier, more inclusive and trauma-informed responses to complaints continues.\" Abdnour said a decision involving Norder was expected from the university Sunday but the case has been delayed again. Poitra is hoping Norder will be sanctioned, Abdnour said. She added that Poitra hoped that her coming forward would help draw attention to the time it takes for to resolve case because she knows she is not the only person involved in a Title investigation that has stretched into hundreds of days. \"There is still clearly a lot of work to be done,\" Abdnour said. [email protected] 2/27/25, 6:38 Attorney must resolve sex misconduct cases faster 3/3", "8656_103.pdf": "Director of MSU's Native American Institute sues university for harassment, discrimination Kara Berg Lansing State Journal Published 7:00 a.m Jan. 20, 2022 The interim director of Michigan State University's Native American Institute is suing the university for failing to address her harassment and discrimination complaints and for retaliating against her for making those complaints. Christie Poitra, who has been the interim director of the since September 2019, spoke to the State Journal last year about the university's lack of action about her boss's unwelcome sexual comments and inappropriate remarks about her disability and her weight, as well as the disparate treatment she has seen as interim director. \"Everyone in leadership is aware. No one has fixed it,\" Poitra said in October loves the brand of the NAI. But it does not care about the Native people on campus. Because it if did wouldn't be in the situation I'm in.\" Michigan State University spokesperson Dan Olsen said he could not comment on pending litigation. More: Leader of Native American Institute says retaliated after complaint In its diversity, equity and inclusion report noted the as one of its points of pride, saying it played a \"crucial role in the overall landscape for diversity academic work at third party reported John Norder, Poitra's former boss and the former director of the NAI, to in August 2018 for sexually harassing her. Poitra followed up and told the Office of Institutional Equity about the harassment. Poitra said Norder would talk to her about his genitals, sex with his wife and he once asked her how she lost her virginity. 2/27/25, 6:38 Director of Native American Institute sues for discrimination 1/3 took more than 540 days to complete its investigation and determine Norder had violated the school's sexual misconduct policy. An investigation is supposed to take no more than 120 days. Norder, who did not respond to a request for comment, was suspended for four weeks. He is now an anthropology professor. \"The investigation was 500 days of trying to convince me that my boss's behaviors weren't really that bad,\" Poitra said in October. \"The investigation was its own trauma.\" Even after the investigation ended, Poitra's struggles with the university did not. More than two years later, she remains interim director of the NAI. Though she just received a raise she was fighting for, she still is one of the lowest paid institute directors at the university, according to a spreadsheet of salary information obtained through a public records request. She makes nearly $70,000 less than the average salary for institute directors. \"Instead of protecting and supporting Dr. Poitra has left Dr. Poitra continuously exposed to discrimination, harassment, and retaliation; failed to enforce its own no-contact directive against her abuser; forced her to shoulder significantly more work than any reasonable individual should be expected to perform; denied her equitable pay and professional title; and shrunk the budget of and even threatened to dissolve NAI,\" according to the federal lawsuit, which was filed Wednesday. The university also removed an experienced administrator the had and has asked her to look for a less qualified person who would be paid half of what the current administrator made, according to the lawsuit. Poitra's attorney, Elizabeth Abdnour, said in October the support staff and salary Poitra is asking for isn't excessive \u2014 just what other directors of the institution have had in the past. \"The icing on the cake is, they tout the work of the NAI, they tout Christie's work. The office is noted as a point of pride,\" Abdnour said. \"You don't value this office at all, but you're using it to promote the institution, which is essentially what white people have done to Native folks since the beginning of time.\" In November, Poitra applied and was approved to take time off through the Family Medical Leave Act. The \"emotional and psychological toll of the years of abuse at finally caught up with\" her, according to the lawsuit. 2/27/25, 6:38 Director of Native American Institute sues for discrimination 2/3 Her doctor diagnosed her with post-traumatic stress disorder due to work stressors, which caused her to gain weight, experience joint and jaw pain, digestive symptoms, muscle tension, sleep disturbances, nightmares, anxiety, hypervigilance, and menstrual irregularity, according to the lawsuit. \"Dr. Poitra\u2019s story is far from unique at MSU,\" according to the lawsuit. \"There are numerous instances of faculty and (sic) engaging in sexual harassment with few to no consequences. Over the years has created a culture of permissible sexual misconduct through ignoring cases of abuse and refusing to adequately respond to cases that do get reported.\" Contact reporter Kara Berg at 517-377-1113 or [email protected]. Follow her on Twitter @karaberg95. 2/27/25, 6:38 Director of Native American Institute sues for discrimination 3/3", "8656_104.pdf": "Take a peek behind the curtain and test drive the StateNews.com today! news / msu Former director receives $150,000 settlement following lawsuit over handling of harassment case Theo Scheer December 5, 2023 One of the Michigan State University signs signifying where campus starts, located on the intersection of Grand River Ave and Bogue St, taken on Mar. 18, 2022. \u2014 Photo by Jared Osborne | The State News Michigan State University has settled a lawsuit with Christie Poitra, the former director of the university\u2019s Native American Institute, for $150,000. Poitra sued MSU, the Board of Trustees, and former Associate Dean of Diversity, Equity and Inclusion Quentin Tyler in January 2022. She claimed the university didn\u2019t handle her discrimination and harassment complaints properly, and retaliated against her for filing the complaints. Poitra said that her then-boss John Norder continually sexually harassed her by detailing intercourse with his wife, talking about his genitals, and asking how she lost her virginity. He also made comments that Poitra said were insensitive to her Native American heritage and to the institute will pay Poitra $30,000 as compensation for claimed wage loss and $70,000 for emotional distress and physical damages. The remaining $50,000 will go to Elizabeth Abdnour, Poitra\u2019s attorney. The money is meant to \u201cterminate any controversies\u2026 and claims for injuries or damages\u201d between the parties, but \u201cis not an admission of any fault or liability,\u201d according to the settlement. 2/27/25, 6:39 Former director receives $150,000 settlement following lawsuit over handling of harassment case - The State News 1/3 Abdnour told The State News that Poitra is \u201cvery pleased\u201d with the settlement. With the case resolved, Poitra \u201cfeels like she\u2019s able to move forward,\u201d Abdnour said. Poitra has since left and academia altogether. She plans to use the money to expand her flower farm. \u201cIf you were to ask her, she would tell you, \u2018the flowers can\u2019t sexually harass me,\u2019\u201d Abdnour said. In August 2018, a third-party filed a Title complaint on Poitra\u2019s behalf. Poitra then followed up with the Office of Institutional Equity with additional details about her boss\u2019s conduct. \"The investigation was 500 days of trying to convince me that my boss's behaviors weren't really that bad,\" Poitra told the Lansing State Journal. \"The investigation was its own trauma.\" The university placed a no-contact order between Norder and Poitra during the investigation, but Poitra told the Lansing State Journal that Norder repeatedly violated it \u2014 something she claims did little about has insisted its response was appropriate. The investigation concluded with Norder being suspended for four weeks for violating the no-contact order. He was later removed as director of the institute and was instead named an anthropology professor, a position he still holds. The length of the investigation, and its result, only added to what Poitra viewed as a continual disrespect of her department and position. When Poitra was eventually named interim director of the department, her pay was considerably less than her predecessor and those holding similar positions. The Native American Institute also faced budget cuts, despite being lauded by the university. In November 2021 she went on medical leave to deal with the effects of her treatment. Her doctor had diagnosed her with post-traumatic stress disorder from work-related stressors. January 2022 she filed the lawsuit against MSU, and in April she resigned. The settlement states that Poitra now cannot apply or be hired by in any capacity \u2014 including as an employee, agent, or independent contractor. University spokesperson Emily Guerrant did not respond to requests for comment at the time of publication Stop Information Overload Access Low-interest Funds for Home Renovations Get Ready to Rethink Your Workplace Shoe Game 2/27/25, 6:39 Former director receives $150,000 settlement following lawsuit over handling of harassment case - The State News 2/3 Is My Space a Good Fit for Airbnb? Support Your Neighbors and Get Involved With Food Rescue Unbox a Monthly Surprise of Fun for You and Your Pup! search... sections news sports spotlight opinion classifieds obituaries quick links about advertise board of directors photo reprints privacy policy corrections & archives student positions social alumni contact us email newsletter All Content \u00a9 2025 State News, Inc. Powered by Solutions by The State News. 2/27/25, 6:39 Former director receives $150,000 settlement following lawsuit over handling of harassment case - The State News 3/3"} |
8,586 | Erik Tyger | University of Toledo | [
"8586_101.pdf",
"8586_102.pdf",
"8586_103.pdf",
"8586_104.pdf"
] | {"8586_101.pdf": "Lawsuit says mishandled sexual harassment complaints 5, 2020 5:06 University of Toledo student has filed a federal complaint against the school that accuses administrators of failing to investigate multiple reports of sexual harassment by a man who at the time was a communications department professor. The case was filed in U.S. District Court in Toledo by a female student, represented by attorneys Peter Pattakos and Rachel Hazelet, against the University of Toledo. Erik Tyger is named as the professor in the complaint, but he is not a defendant in the lawsuit. He was hired by the university in 2017 and he worked closely with students by assisting them with UT:10 News, the student-produced newscast, according to the complaint. Attempts to reach Mr. Tyger for comment were unsuccessful. The university said Tuesday that it fired Mr. Tyger, and that his last day at the 2/27/25, 6:39 Lawsuit says mishandled sexual harassment complaints | The Blade 1/4 university was May 10, 2019 spokesman Meghan Cunningham on Tuesday told The Blade that officials would not comment on the pending litigation. \u201cThe University of Toledo strives to provide a safe and inclusive learning environment for all members of our campus community,\u201d she said. Mr. Pattakos said the university knew about the sexual harassment allegations involving his client as early of May, 2018, but it took a year for the administration to act on his employment. During that time his client was \u201ceffectively forced to avoid campus.\u201d He added two university professors also filed Title complaints against the man. Title is a federal law that prohibits educational institutions from discriminating against individuals based on their gender or sex. \u201cWe had hoped a lawsuit wouldn\u2019t be necessary, but the university has so far refused to offer anything to resolve this matter,\u201d Mr. Pattakos said. Mr. Tyger is accused in the complaint of making repeated unwanted sexual advances on the student while she was attempting to finish a project for his class on May 2, 2018. The advances included sexual comments and inappropriate touching, the complaint states. \u201cDespite the trauma caused by Mr. Tyger\u2019s unwelcome advances, [the student] continued working on her project because she needed to submit it and leave to attend an off-campus exam in another course,\u201d records show. 2/27/25, 6:39 Lawsuit says mishandled sexual harassment complaints | The Blade 2/4 Mr. Tyger is additionally accused of sending the student text messages seeking details about her work schedule, to which the student did not respond. Soon after, the student contacted another professor, Kevin O\u2019Korn, to discuss Mr. Tyger\u2019s sexual misconduct. Both Mr. O\u2019Korn and the student made a report to the University of Toledo\u2019s Title Office, according to the complaint. However, despite the university\u2019s own policies that it will take prompt action in response to reported sexual harassment did not take any action or respond \u201cto the first two reports until six months later, when it received yet a third report\u201d of sexual misconduct by the same professor, court records allege. During this time, the student avoided campus, sought to change her major, and enrolled in almost all online courses in fear that she would come in contact with Mr. Tyger, who was still employed by the university\u2019s communication department. The university\u2019s Title Office asked the student whether she was \u201ccomfortable\u201d attending a face-to-face interview on campus regarding the sexual harassment to which the student said she was not. The student also did not indicate that she wanted the university to suspend its investigation. But weeks later, the student received notification from the office that the university closed its investigation into the professor and that no action would be taken. Mr. Tyger is also accused of attempting to out the student as the one who reported him, publicizing the grades he gave her, and accusing her of lying. Mr. O\u2019Korn and the student met with a more senior faculty member Deloris Drummond on Oct. 26, 2018 to discuss the issue. Ms. Drummond also submitted a report to the Title office concerning Mr. Tyger\u2019s sexual misconduct involving the student. On Nov. 7, 2018, the student received a letter confirming that the university\u2019s office received an incident report naming her as a victim of sexual harassment. The Blade is not identifying the student because of the allegations of sexual harassment. 2/27/25, 6:39 Lawsuit says mishandled sexual harassment complaints | The Blade 3/4 On Nov. 27, 2018, Mr. Tyger was placed on administrative leave and prohibited from coming onto campus based on the allegations that he had \u201cengaged in inappropriate conduct of a sexual nature toward a student, in violation of Title IX, and the university policies related to Title IX,\u201d according to the complaint. The student is asking for punitive and exemplary damages in an amount in excess of $75,000. The case has been assigned to Judge James Carr. First Published May 5, 2020, 5:06 p.m. 2/27/25, 6:39 Lawsuit says mishandled sexual harassment complaints | The Blade 4/4", "8586_102.pdf": "41\u00b0 Toledo 3 Weather Alerts In Effect \uf00d \uf0c9 Local News Watch Live First Alert Weather student at the University of Toledo has filed a lawsuit against the school, claiming the university mishandled an investigation into allegations of sexual harassment by a professor. The original complaint was filed with the school's Title office in 2018 but according to the complaint, no action was taken against the professor until further complaints were filed later that year, at which point he was fired. According to the complaint filed in federal court, the student claims that Erik Tyger -- who is not a named defendant in the case, but who features heavily in the evidence cited against the university -- allegedly made inappropriate comments toward the student and touched her inappropriately while she attempted to complete a project for his class. Tyger worked in the school's communications department and worked with students as part of UT:10, the student news production. The complaint alleges that despite complaints from both the student and another communications professor on behalf of that same student, no action was taken against Tyger in May 2018. Rather, the complaint claims the Title office closed the investigation, only taking action against Tyger after further complaints in November of that year. The complaint goes on to say that, due to this perceived lack of action on behalf of the university, the student was forced to change majors and enroll in online courses to avoid possible contact with Tyger. In a statement sent to 13abc, a spokesperson for the University of Toledo clarified that Tyger was an assistant lecturer with the university, not a professor and that he was employed by the school from August 21, 2017, until he was terminated with his last day effective May 10, 2019. Peter Pattakos, the attorney representing the victim in the lawsuit, issued the following statement: Lawsuit claims mishandled sexual harassment complaints against professor University Hall Clock Tower front-view during Spring. CD-959 (WTVG) Published: May. 6, 2020 at 4:03 2/27/25, 6:39 Lawsuit claims mishandled sexual harassment complaints against professor 1/5 Most Read expandedword.com | Sponsored Crossout | Sponsored Crossout: New Apocalyptic Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to craft and enjoy. Join now for Free Play Now Pfizer | Sponsored The rise of health misinformation is a growing global crisis. Here's how advocates are fighting it Health misinformation accounts for 51% of social posts associated with vaccines and up to 60% related to pandemics. Learn More Photos That Will Change Your Attitude To The World History Unconventional Experiences in Japan | Sponsored Laser Cutting Machines | Search Ads | Sponsored Mubarikpur: Discover Affordable Laser Cutting Machine Options Learn More Affordable Wedding Dress | Search Ads | Sponsored Mubarikpur: Discover Affordable Wedding Dress Options Learn More Most Beautiful Wedding Dresses Of The Hollywood Stars \uf144 Moment of Science: Vitamin \uf144 OSHP: Two killed in crash on Garden Road Monday afternoon \uf057 2/27/25, 6:39 Lawsuit claims mishandled sexual harassment complaints against professor 2/5 Latest News \uf144 Funeral held for 2 kids who froze to death in a van as family is promised a home \uf144 Person shot inside Toledo after-hours club Saturday morning, police say \uf144 4-year-old boy riding wagon hit, killed by truck \uf144 Toledo man dies of injuries from hit-and-run crash on Dorr Street \uf144 Two Ohio counties declare emergency over bird flu, local farmer discusses threat 'No ice is safe ice' Multiple people fall through ice on Lake Erie \uf057 2/27/25, 6:39 Lawsuit claims mishandled sexual harassment complaints against professor 3/5 \uf144 Rossford Schools building a new middle school, taxpayers aren\u2019t paying for it \uf144 Black History Month: The barbershop and men\u2019s mental health love a good mystery\u2019 Librarian helps uncover history of only Black cemetery in Defiance County Bright Side: February 27, 2025 Problem Solvers: \u201cNightmare\u201d contractor responds to allegations 2/27: Jay's Thursday Evening Forecast \uf144 Acoustics for Autism returns to Maumee in March \uf144 Chickens terrorizing Toledo neighborhood \uf057 2/27/25, 6:39 Lawsuit claims mishandled sexual harassment complaints against professor 4/5 \uf057 Terms of Service Privacy Policy Advertising Digital Marketing Public Inspection File Closed Captioning/Audio Description Statement Applications [email protected] - (419) 531-1313 At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 Home Local News First Alert Weather Sports Community Calendar Live Newscasts Closed Captioning/Audio Description Submit Photos and Videos 4247 Dorr St. Toledo 43607 (419) 531-1313 2/27/25, 6:39 Lawsuit claims mishandled sexual harassment complaints against professor 5/5", "8586_103.pdf": "No. 22-___ In the Supreme Court of the United States ______________________________ TOLEDO, Petitioner, v WAMER, Respondent. ______________________________ ______________________________ ______________________________ Ohio Attorney General M. FLOWERS* *Counsel of Record Ohio Solicitor General Chief Deputy Solicitor General Deputy Solicitor General 30 E. Broad St., 17th Floor Columbus, Ohio 43215 614-466-8980 [email protected] Counsel for Petitioner Can schools be held liable under Title for sexual harassment that ceased before they were notified that it happened? ii The petitioner is the University of Toledo. The respondent is Jaycee Wamer. iii 1. Wamer v. University of Toledo, 20-4219 (6th Cir.) (judgment entered March 2, 2022) 2. Wamer v. University of Toledo, No. 20-cv-942 (N.D. Ohio) (judgment entered Oct. 16, 2020) iv Page .......................................... i ..................................................... ii .................................................. iii ............................................ iv ...................................... vi ....................................................... 1 ................................................... 3 ............................ 3 ................................... 4 .............................................................. 4 ............... 12 I. The decision below deepened an existing circuit split. .................................................. 13 A. The Eighth and Ninth Circuits require proof of post-notice harassment............. 13 B. The First, Fourth, and Eleventh Circuits do not require plaintiffs to plead and prove post-notice harassment. ............................................ 16 C. The Tenth Circuit has issued inconsistent decisions on both sides of the split. .................................................. 19 D. The Sixth Circuit adopted a novel, hybrid position. ...................................... 21 v II. The questions presented are important. .... 22 A. This issue matters to schools and students. ................................................. 22 B. The question presented allows this Court to clarify the principles governing the interpretation of its holdings. ................................................. 23 III. This case is an ideal vehicle for resolving the split, especially if it is argued alongside Fairfax. ........................................ 25 .......................................................... 29 APPENDIX: Appendix A: Opinion, United States Court of Appeals for the Sixth Circuit, March 2, 2022 .......... 1a Appendix B: Opinion and Order, United States District Court for the Northern District of Ohio, October 16, 2020 ..................................................... 24a Appendix C: Order, On Petition for Rehearing En Banc, United States Court of Appeals for the Sixth Circuit, May 10, 2022 ............................. 34a vi Cases Page(s) Arlington Cent. Sch. Dist. Bd. of Educ. v. Murphy, 548 U.S. 291 (2006) ............................................... 5 Brown v. Davenport, 142 S. Ct. 1510 (2022) ................................... 23, 24 Cannon v. Univ. of Chicago, 441 U.S. 677 (1979) ............................................... 6 Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (2022) ............................... 6, 24, 27 Davis v. Monroe County Board of Education, 526 U.S. 629 (1999) ............... 8, 11, 14, 15, 16, 17, 18, 20, 23, 24, 25, 27 Doe v. Fairfax Cnty. Sch. Bd., 1 F.4th 257 (4th Cir. 2021) .................. 2, 17, 18, 19 Doe v. Fairfax Cnty. Sch. Bd., 10 F.4th 406 (4th Cir. 2021) ............................................... 2, 8, 12, 18, 22, 26, 27 Doe v. Univ. of Kentucky, 959 F.3d 246 (6th Cir. 2020) ................................. 6 Escue v. N. Okla. Coll., 450 F.3d 1146 (10th Cir. 2006) ................. 2, 19, 27 Fairfax County School Board v. Doe, 142 S. Ct. 2704 (2022) .......... 1, 3, 18, 19, 25, 27, 28 vii Farmer v. Kan. State Univ., 918 F.3d 1094 (10th Cir. 2019) ........... 2, 20, 21, 23 Fitzgerald v. Barnstable School Committee, 504 F.3d 165 (1st Cir. 2007) .................... 16, 17, 19 Franklin v. Gwinnett Cnty. Pub. Sch., 503 U.S. 60 (1992) ............................................. 6, 7 Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (1998) .......... 1, 2, 5, 6, 7, 8, 11, 26, 27 Gregory v. Ashcroft, 501 U.S. 452 (1991) ............................................... 4 K.T. v. Culver-Stockton Coll., 865 F.3d 1054 (8th Cir. 2017) ......................... 2, 14 Shrum ex rel. Kelly v. Kluck, 249 F.3d 773 (8th Cir. 2001) ............................... 14 Kesterson v. Kent State Univ., 967 F.3d 519 (6th Cir. 2020) ................................. 6 Kollaritsch v. Michigan State Univ. Bd. of Trs., 944 F.3d 613 (6th Cir. 2019) .....2, 9, 10, 11, 12, 13, 19, 21, 26 Monell v. Dep\u2019t of Soc. Servs. of City of New York, 436 U.S. 658 (1978) ............................................... 7 Pennhurst State Sch. & Hosp. v. Halderman, 451 U.S. 1 (1981) ............................................. 5, 24 viii Plamp v. Mitchell Sch. Dist. No. 17-2, 565 F.3d 450 (8th Cir. 2009) ............................... 14 Planned Parenthood of Indiana & Kentucky, Inc. v. Comm\u2019r of Indiana State Dep\u2019t of Health, 917 F.3d 532 (7th Cir. 2018) ............................... 24 Podrebarac v. Minot State Univ., 835 F. App\u2019x 163 (8th Cir. 2021) ......................... 14 Preterm-Cleveland v. McCloud, 994 F.3d 512 (6th Cir. 2021) (en banc) ..................................................................... 25 Reese v. Jefferson Sch. Dist. No. 14J, 208 F.3d 736 (9th Cir. 2000) ........................... 2, 15 S. Dakota v. Dole, 483 U.S. 203 (1987) ............................................... 4 Shank v. Carleton College, 993 F.3d 567 (8th Cir. 2021) ............................... 14 United States v. Butler, 297 U.S. 1 (1936) ............................................... 4, 5 Williams v. Bd. of Regents of Univ. Sys. of Georgia, 477 F.3d 1282 (11th Cir. 2007) ................. 2, 18, 19 Statutes and Constitutional Provisions U.S. Const., art. 1, \u00a7 8 ................................................. 4 20 U.S.C. \u00a71681 .................................. 1, 4, 5, 11, 14, 26 ix 20 U.S.C. \u00a71682 ........................................................... 5 28 U.S.C. \u00a71254 ........................................................... 3 28 U.S.C. \u00a71291 ........................................................... 3 28 U.S.C. \u00a71331 ........................................................... 3 Other Authorities U.S. Dep\u2019t of Educ., Office for Civil Rights, Title and Sex Discrimination (rev. Aug. 2021) .......................... 22 This case presents the same question as Fairfax County School Board v. Doe, 142 S. Ct. 2704 (2022) (calling for the views of the Solicitor General). Specif- ically: Can schools be held liable under Title for sexual harassment that ceased before they were noti- fied that it happened? The answer is no. Title forbids schools that re- ceive federal funds from \u201csubject[ing]\u201d their students to \u201cdiscrimination\u201d \u201con the basis of sex.\u201d 20 U.S.C. \u00a71681(a). Everyone agrees that \u201csexual harassment can constitute discrimination on the basis of sex.\u201d Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 283 (1998) (citation omitted). Thus, everyone agrees that schools may be liable under Title for subjecting their students to sexual harassment. The italicized words, however, are critically im- portant. Schools are liable only for discrimination to which they \u201csubject\u201d their students. Put differently, Title makes schools liable for their own conduct\u2014 not for the conduct of others. This means that schools cannot be held vicariously liable under Title for sexual harassment. Id. at 285, 287\u201389. Instead, they can be held liable for harassment only if they caused it through their own deliberate indifference. Id. at 290\u201391. From this, it follows that schools cannot be held li- able for harassment that occurs before they are put on notice of the offender\u2019s misconduct. Again, schools can be held liable for harassment only if it results from their own deliberate indifference. See id. at 287\u201391. Thus, a plaintiff alleging harassment cannot prevail by showing only that she was harassed\u2014she must show that the school \u201cfailed to end or prevent[] the 2 harassment.\u201d Doe v. Fairfax Cnty. Sch. Bd., 10 F.4th 406, 415 (4th Cir. 2021) (Wilkinson, J., dissenting from the denial of rehearing en banc) (internal paren- thesis omitted). And schools cannot fail to end or pre- vent harassment until they know it is occurring. In any event, Congress can impose liability through con- ditions attached to Spending Clause statutes only if it does so clearly. Because Title does not clearly make schools liable for harassment they did not know about, it must be interpreted to require post-notice harass- ment. Kollaritsch v. Michigan State Univ. Bd. of Trs., 944 F.3d 613, 628-29 (6th Cir. 2019) (Thapar, J., con- curring). Notwithstanding all this, the Sixth Circuit held that schools can be held liable under Title if their failure to act created an \u201cobjectively reasonable fear\u201d of further harassment, regardless of whether further harassment ever occurred. That ruling contradicts Gebser. It implicates the always-important question of when state-run schools can be held liable for money damages under a Spending Clause statute. And it deepens a circuit split. The question here, the Sixth Circuit acknowledged, has \u201cdivided\u201d the \u201ccircuits.\u201d Pet.App.9a. Some courts have held that post-notice harassment is an essential element of Title harass- ment claims. K.T. v. Culver-Stockton Coll., 865 F.3d 1054, 1058 (8th Cir. 2017); Escue v. N. Okla. Coll., 450 F.3d 1146, 1153\u201354, 1156 (10th Cir. 2006); Reese v. Jefferson Sch. Dist. No. 14J, 208 F.3d 736, 740 (9th Cir. 2000). Others have held that post-notice harass- ment is not an essential element of a Title claim. Doe v. Fairfax Cnty. Sch. Bd., 1 F.4th 257, 273\u201374 (4th Cir. 2021); Farmer v. Kan. State Univ., 918 F.3d 1094, 1097\u201398 (10th Cir. 2019); Williams v. Bd. of Regents of Univ. Sys. of Georgia, 477 F.3d 1282, 1296 (11th 3 Cir. 2007). And the Sixth Circuit, in the decision be- low, adopted a hybrid rule, under which plaintiffs al- leging harassment by other students must allege post- notice harassment while plaintiffs alleging harass- ment by school employees need not. See Pet.App.2a. As noted above, this Court has already shown in- terest in another petition that involves the same issue. Fairfax, 142 S. Ct. 2704. The Court should grant cer- tiorari in both cases. In fact, this case is a perfect com- panion case for that one: while this case involves al- legations of harassment by a school employee, Fairfax involves allegations of harassment by a fellow stu- dent. By granting both cases, the Court could estab- lish that plaintiffs must allege and plead post-notice harassment, and that they must do so without regard to whether the alleged harasser was a student or a school employee The Sixth Circuit\u2019s opinion is published at Wamer v. University of Toledo, 27 F.4th 461 (6th Cir. 2022), and reproduced at Pet.App.1a. The District Court\u2019s decision is online at Wamer v. University of Toledo, No. 20-cv-942, 2020 6119419 (N.D. Ohio Oct. 16, 2020), and reproduced at Pet.App.24a The District Court had jurisdiction over this case under 28 U.S.C. \u00a71331. The Sixth Circuit had juris- diction under 28 U.S.C. \u00a71291. The Sixth Circuit is- sued its opinion and judgment on March 2, 2022. On May 10, 2022, the Sixth Circuit entered an order deny- ing rehearing and rehearing en banc. This petition timely invokes this Court\u2019s jurisdiction under 28 U.S.C. \u00a71254(1). 4 20 U.S.C. \u00a71681(a) states: \u201cNo person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to dis- crimination under any education program or activity receiving Federal financial assistance 1. The Constitution vests Congress with the power to \u201clay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.\u201d Art. 1, \u00a7 8, cl. 1. This clause\u2014the Spending Clause\u2014empowers Congress to spend money and to \u201cattach conditions on the receipt of federal funds.\u201d S. Dakota v. Dole, 483 U.S. 203, 206 (1987) (quotation omitted). Among Congress\u2019s powers, the power to spend is unique. Typically, the \u201cFederal Government\u201d has only the \u201climited powers\u201d that the Constitution expressly confers upon it. Gregory v. Ashcroft, 501 U.S. 452, 457 (1991). But this Court has interpreted the Spending Clause \u201cto authorize expenditure of public moneys for public purposes\u201d beyond \u201cthe direct grants of legisla- tive power found in the Constitution.\u201d United States v. Butler, 297 U.S. 1, 66 (1936). \u201cThus, objectives not thought to be within Article I\u2019s \u2018enumerated legisla- tive fields,\u2019 may nevertheless be attained through the use of the spending power and the conditional grant of federal funds.\u201d Dole, 483 U.S. at 207 (citation omit- ted). And while Congress cannot commandeer the States to achieve its ends, it may enlist their aid through conditions attached to funding offers. 5 Arlington Cent. Sch. Dist. Bd. of Educ. v. Murphy, 548 U.S. 291, 296 (2006). With this unique power comes unique constraints. Because the Spending Clause allows Congress to achieve through offers of funds what it cannot pursue through direct regulation, conditions attached to funding offers are valid only if the recipient voluntar- ily agrees to them. Id.; Butler, 297 U.S. at 70\u201371. And for a recipient to agree to a condition voluntarily, the recipient must be able to \u201cascertain\u201d the obligations the condition imposes and the consequences of failing to satisfy those obligations. Arlington, 548 U.S. at 296. Thus, spending conditions are enforceable only to the extent they are clear. Pennhurst State Sch. & Hosp. v. Halderman, 451 U.S. 1, 17 (1981). Congress exercised its spending power when it passed the Education Amendments Act in 1972. The Act imposes numerous rules on schools that accept federal funds. 20 U.S.C. \u00a7\u00a71681\u201388; Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 287 (1998). One such rule appears in Title of the amendments. 20 U.S.C. \u00a71681. It says: \u201cNo person in the United States shall, on the basis of sex, be excluded from participa- tion in, be denied the benefits of, or be subjected to discrimination under any education program or activ- ity receiving Federal financial assistance.\u201d Congress assigned the enforcement of Title to a federal agency. \u00a71682; Gebser, 524 U.S. at 280. It au- thorized the agency to withhold federal funds from non-compliant schools. \u00a71682. But it barred the agency from doing so unless the agency \u201c\u2018has advised the appropriate person\u2019\u201d \u201c\u2018of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means.\u2019\u201d Gebser, 524 6 U.S. at 280 (quoting \u00a71682). Universities ensure their compliance with Title by maintaining Title of- fices. Those offices receive and investigate claims of sexual harassment. See, e.g., Kesterson v. Kent State Univ., 967 F.3d 519, 523 (6th Cir. 2020) (per curiam); Doe v. Univ. of Kentucky, 959 F.3d 246, 248 (6th Cir. 2020). Title IX, as originally enacted, contained no pri- vate cause of action. That is, Congress never ex- pressly empowered students to sue covered institu- tions for Title violations. This Court created a pri- vate cause of action anyway. The \u201chistory of Title IX,\u201d the Court held, \u201cplainly indicate[d] that Congress in- tended to create such a remedy.\u201d Cannon v. Univ. of Chicago, 441 U.S. 677, 695 (1979). And Congress, this Court later held, ratified that interpretation by ex- pressly abrogating the States\u2019 sovereign immunity for Title claims. Franklin v. Gwinnett Cnty. Pub. Sch., 503 U.S. 60, 72 (1992); id. at 76\u201378 (Scalia, J., concur- ring in the judgment). In so doing, Congress left it \u201cbeyond dispute that private individuals may sue to enforce\u201d Title IX. Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562, 1569 (2022) (quotation omit- ted). It also confirmed that Title IX\u2019s private cause of action includes the right to recover money damages. Franklin, 503 U.S. at 72 (majority op.); id. at 76\u201378 (Scalia, J., concurring in the judgment). Thus, if a school that receives federal funds \u201csubject[s]\u201d a stu- dent to \u201cdiscrimination on the basis of sex,\u201d the stu- dent can sue the school to recover money damages. 2. \u201c[S]exual harassment can constitute discrimi- nation on the basis of sex\u201d and thus violate Title IX. Gebser, 524 U.S. at 283 (citation omitted). In what circumstances may a school be held liable under Title 7 for sexual harassment? Three of this Court\u2019s deci- sions shed light on this question. Franklin set the stage. 503 U.S. 60. There, the Court implicitly approved of using Title to recover damages due to sexual harassment by a teacher. It focused on the broader question whether damages were available at all in a private right of action. Id. at 62\u201363. Answering yes, it allowed a plaintiff who was harassed by a teacher to pursue a claim for damages. Id. at 63\u201364, 76. But it did not \u201cpurport to define the contours\u201d of harassment-based Title claims. Gebser, 524 U.S. at 281. Next came Gebser. 524 U.S. 274. There, the Court reaffirmed Franklin\u2019s unstated premise: a teacher\u2019s sexual harassment of a student qualifies as \u201cdiscrimi- nation on the basis of sex\u201d under Title IX. Id. at 283, 291\u201393. But the Court held that a private plaintiff cannot recover money damages from a school for sex- ual harassment the school did not know about. Id. at 285. The Court thus declined the plaintiff\u2019s invitation to adopt a vicarious-liability standard\u2014a standard that would make a school automatically liable for its employees\u2019 Title violations. Id. at 287\u201388. Instead, the Court adopted a deliberate-indifference standard, modeled on the standard governing whether a city can be liable for its employees\u2019 constitutional violations. Id. at 290\u201391; see Monell v. Dep\u2019t of Soc. Servs. of City of New York, 436 U.S. 658, 691\u201395 (1978). Against the backdrop of the Spending Clause\u2019s clarity require- ment, the Court reasoned that the statute\u2019s implied remedy should not exceed its express remedy (the withholding of funds), which does not kick in unless a decisionmaker for the school has \u201cactual notice\u201d of the harassment and \u201can opportunity to take action to end the harassment or to limit further harassment.\u201d 8 Gebser, 524 U.S. at 288\u201390. Thus, under Gebser, a student who suffers sexual harassment has no claim for money damages against her school unless: (1) the school had \u201cactual notice\u201d of the harassment; (2) the school remained deliberately indifferent to the harass- ment; and (3) the school\u2019s failure to act \u201ccause[d]\u201d the harassment. Id. at 290\u201391; Fairfax, 10 F.4th at 415 (Wilkinson, J., dissenting from the denial of rehearing en banc). The final case in the trilogy is Davis v. Monroe County Board of Education, 526 U.S. 629 (1999). There, the Court held that Title IX\u2019s private right of action extends to claims alleging peer-peer harass- ment. Id. at 633. But Davis also held that only severe and pervasive peer-peer harassment is actionable. Id. at 633. Further, Davis provided a deeper discussion on what it means for a school to \u201csubject\u201d a student to discrimination under the statute. Looking to diction- ary definitions of the term, it explained that the school\u2019s \u201cdeliberate indifference must, at a minimum, \u2018cause [students] to undergo\u2019 harassment or \u2018make them liable or vulnerable\u2019 to it.\u201d Id. at 644\u201345 (cita- tion omitted). 3. The just-discussed background informs this case. Erik Tyger, a lecturer at the University of Toledo, sexually harassed one of his students, Jaycee Wamer. (Because the case is still at the motion-to-dismiss stage, this brief assumes the truth of the facts al- leged.) In May 2018, the University\u2019s Title office received a report that Tyger had repeatedly touched Wamer\u2019s leg and \u201csaid \u2018nasty stuff\u2019 to her.\u201d R.1, Compl., PageID#5. (All record citations refer to the District Court record, which is available on PACER.) 9 The report came from another of Wamer\u2019s professors, and Wamer filed her own report soon after. Id. at PageID#5\u20136. After the University received these re- ports, it opened an investigation. See id. at PageID#6. As part of that investigation, it asked Wamer whether she would be comfortable talking to the Title office in person. Id. She said no. Id. After three weeks, the University closed the investigation and declined to take action against Tyger at that time. Id. The outcome of the investigation distressed Wamer. She \u201chad an increasingly difficult time con- centrating on her studies and feared visiting campus and attending in-person courses.\u201d Id. at PageID#7. She \u201cchanged her major, avoided coming to campus, and began enrolling in online classes to ensure that she would not come into contact with Tyger.\u201d Id. In October, Wamer met with a senior faculty mem- ber whom she told about the harassment. Id. The faculty member reported Wamer\u2019s concerns to the Ti- tle office, which investigated anew. Id. After three weeks, the University suspended Tyger and barred him from campus. Id. The University terminated Tyger in April. Id. at PageID#8. And, after a hearing, it found that Tyger had \u201cused his position of power and authority to initi- ate unwelcome physical contact, behaved in a sexual manner towards a student enrolled in his class and \u2026 behaved unprofessionally.\u201d Id. Wamer then sued the University, seeking money damages under Title IX. The District Court dismissed her complaint for failure to state a claim. Pet.App. 24a\u201333a. In doing so, it relied on an earlier Sixth Cir- cuit decision, Kollaritsch v. Michigan State University Board of Trustees, 944 F.3d 613 (6th Cir. 2019). See 10 Pet.App.29a\u201331a. Because the opinions in Kollaritsch discuss in detail the issues this petition presents, the decision merits a short discussion here. Kollaritsch involved claims by several women who had suffered sexual harassment by their peers. 944 F.3d at 618. Each woman reported the harassment to the university. Id. at 624\u201325. Once the women re- ported the harassment, it stopped. Id. Yet each woman felt dissatisfied with the way the university handled her claim. And each alleged that the inade- quate response inflicted emotional and physical harm on her and denied her educational opportunities. Id. The case presented the question whether the women\u2019s claims could proceed, notwithstanding the fact that the harassment stopped once the school was put on notice. Id. at 623\u201324. The Sixth Circuit ruled that the claims failed as a matter of law. It explained that this Court\u2019s Title cases require a plaintiff to allege two torts: actionable sexual harassment by a third party and deliberate in- difference by the school. Id. at 620\u201321. Thus, before liability can attach, a plaintiff seeking relief for har- assment must show that the school\u2019s unreasonable re- sponse to known harassment caused \u201cfurther harass- ment\u201d that deprived the student of educational oppor- tunities. Id. at 623\u201324. So, if the harassment stops after the student reports it, the student\u2019s Title claim necessarily fails. Judge Thapar joined the Sixth Circuit\u2019s decision in full, but he also concurred to address a related issue. As he saw it, the requirement of alleging further, post- notice harassment followed inescapably from the words in Title IX, this Court\u2019s interpretation of those words, and the Spending Clause\u2019s clarity 11 requirement. Title IX, he noted, bars schools from \u201csubject[ing]\u201d a student to \u201cdiscrimination.\u201d 20 U.S.C. \u00a71681(a); Kollaritsch, 944 F.3d at 629 (Thapar, J., con- curring). Because \u201csexual harassment can constitute discrimination on the basis of sex,\u201d Gebser, 524 U.S. at 283, a school becomes liable when it \u201c\u2018subjects\u2019 its students to harassment,\u201d Davis, 526 U.S. at 644 (al- terations accepted). But a school only \u201csubjects\u201d a stu- dent to harassment when further harassment actually occurs. After all, he reasoned, \u201cwe wouldn\u2019t say that the school had \u2018subjected\u2019 its students to harassment if the students never experienced any harassment as a result of the school\u2019s conduct. To be \u2018subjected\u2019 to a harm, as a matter of ordinary English, requires that you experience that harm.\u201d Kollaritsch, 944 F.3d at 628\u201329 (Thapar, J., concurring). Judge Thapar there- fore expressly rejected the view that a student must allege only \u201cthat the school\u2019s deliberate indifference made harassment more likely,\u201d not that the school\u2019s conduct \u201cactually led to any harassment.\u201d Id. at 628. Judge Thapar further explained that, \u201ceven if there were any ambiguity\u201d on this score, the clarity require- ment applicable to Spending Clause legislation would require adopting \u201cthe less expansive reading of Title IX.\u201d Id. at 629. Back to this case. The panel reversed the District Court\u2019s judgment dismissing the case. It acknowl- edged that \u201cWamer did not allege any post-notice har- assment.\u201d Pet.App.9a. It also acknowledged that Kol- laritsch requires Title plaintiffs seeking relief for harassment to allege and prove post-notice harass- ment. Pet.App.9a\u201311a. But the panel distinguished Kollaritsch; it stressed that Kollaritsch involved peer- peer harassment, while Wamer alleged teacher-stu- dent harassment. And it concluded, without much in 12 the way of an explanation, that \u201cthe Kollaritsch test is not applicable to claims of deliberate indifference to teacher-student harassment.\u201d Pet.App.2a. In that context, the panel held, a different rule applies. Spe- cifically, a Title plaintiff may prevail by proving that she experienced \u201can objectively reasonable fear of further harassment [that] caused [her] to take specific reasonable actions to avoid harassment, which de- prived [her] of the educational opportunities available to other students.\u201d Pet.App.20a. Thus, according to the Sixth Circuit, plaintiffs who suffer harassment that the school \u201cdid not cause\u201d and \u201ccould not prevent or foresee,\u201d Fairfax, 10 F.4th at 414 (Wilkinson, J., dissenting from the denial of rehearing en banc), can still recover as long as they prove \u201can objectively reasonable fear of further harassment,\u201d Pet.App.20a. Applying this standard, the panel deter- mined that Wamer had stated a claim for relief and reversed the District Court\u2019s contrary determination. Pet.App.2a. The University petitioned for both panel rehearing and en banc rehearing. The Sixth Circuit denied both requests. Pet.App.34a. The University then timely filed this petition The Sixth Circuit\u2019s decision deepened a circuit split on an issue of great importance to the States and to schools across the country. This is an ideal vehicle for resolving that split. The Court should grant the University\u2019s petition for a writ of certiorari. 13 I. The decision below deepened an existing circuit split. The circuits are sharply divided, in cases where plaintiffs seek redress for sexual harassment under Title IX, regarding what plaintiffs must allege and prove. Pet.App.9a. Some courts have held that stu- dents \u201cmust allege that the school\u2019s deliberate indif- ference actually led to harassment, not that it only made such harassment more likely.\u201d Kollaritsch v. Michigan State Univ. Bd. of Trustees, 944 F.3d 613, 628 (6th Cir. 2019) (Thapar, J., concurring) (collecting cases). Other courts have held that students \u201cmust allege only that the school\u2019s deliberate indifference made harassment more likely, not that it actually led to any harassment.\u201d Id. (collecting cases). The decision below acknowledged that split. Pet. App.10a\u201311a. And it adopted a middle-ground posi- tion. It acknowledged that Sixth Circuit precedent re- quires Title plaintiffs to allege and prove post-no- tice harassment in the context of peer-peer harass- ment. Pet.App.11a\u201312a (citing Kollaritsch, 27 F.4th 613). But it held that Title plaintiffs need not al- lege and prove post-notice harassment in cases where a school employee is accused of harassing the student. Pet.App.20a. The Sixth Circuit thus deepened a pre- existing split. A. The Eighth and Ninth Circuits require proof of post-notice harassment. In the Eighth and Ninth Circuits, Title plain- tiffs alleging harassment must always allege and prove post-notice harassment to prevail under Title IX. 14 1. Recall what this Court said in Davis v. Monroe County Board of Education, 526 U.S. 629 (1999). It reaffirmed that students who suffer harassment may sue their schools under Title IX. But it made clear that schools can be held liable only if their own \u201cdelib- erate indifference\u201d caused the harassment. Id. at 644\u201345. And it held that a school exhibits deliberate indifference only if it \u201c\u2018cause[s] [students] to undergo\u2019 harassment or \u2018make[s] them liable or vulnerable\u2019 to it.\u201d Id. (citation omitted). Relying on this language, the Eighth Circuit held that schools cannot be held liable under Title for harassment they had no direct ability to prevent. Shrum ex rel. Kelly v. Kluck, 249 F.3d 773, 781\u201382 (8th Cir. 2001). And, based on that decision, the Eighth Circuit has held that plaintiffs seeking relief for harassment under Title must allege and prove that they were harassed after the school received no- tice of the harassment. See K.T. v. Culver-Stockton Coll., 865 F.3d 1054, 1058 (8th Cir. 2017). The Eighth Circuit requires post-notice harass- ment in both peer-peer cases and teacher-student cases. See, e.g., id. (peer); Podrebarac v. Minot State Univ., 835 F. App\u2019x 163, 164 (8th Cir. 2021) (teacher); Plamp v. Mitchell Sch. Dist. No. 17-2, 565 F.3d 450, 456\u201357 (8th Cir. 2009) (teacher); see also, e.g., Shank v. Carleton College, 993 F.3d 567, 576 (8th Cir. 2021) (peer). That makes sense, as there is no plausible ba- sis for distinguishing between the two contexts. Again, a school violates Title only if it \u201csubject[s]\u201d a student to discrimination. 20 U.S.C. \u00a71681(a). One might conclude, as the Eighth Circuit has, that a school \u201csubjects\u201d a student to sexual harassment only if the student experiences harassment after the school is put on notice. Or one might conclude that post- 15 notice harassment is irrelevant. See below 16\u201319. But there is no plausible argument that the same words in the same statute impose different requirements per- taining to post-notice harassment depending on whether a school employee or another student did the harassing. 2. The Ninth Circuit has also recognized that post- notice harassment is necessary for a Title claim. Reese v. Jefferson Sch. Dist. No. 14J, 208 F.3d 736, 739 (9th Cir. 2000). In Reese, a high school punished four female students for going into the boys\u2019 bathroom and throwing water balloons at male students. Id. at 737\u2013 38. During a disciplinary meeting, the female stu- dents tried to justify the balloon barrage by alleging (for the first time) that the boys previously had har- assed them. The high school stood by its decision. So the female students sued the school under Title IX, seeking damages from the boys\u2019 harassment and the school\u2019s disciplinary decision. Id. at 738. The Ninth Circuit rejected their claims on the ground that they had failed to show any post-notice harassment. It recognized that, under Davis, a school subjects a student to discrimination when its deliber- ate indifference \u201c\u2018cause[s] students to undergo harass- ment or make[s] them liable or vulnerable to it.\u2019\u201d Reese, 208 F.3d at 739 (quoting Davis, 526 U.S. at 644\u201345). But because no \u201charassment occurred after the school district learned of the plaintiffs\u2019 allega- tions,\u201d the school district could not \u201cbe deemed to have \u2018subjected\u2019 the female students to the harassment.\u201d Id. at 740 (alterations accepted; quotation omitted). The Ninth Circuit has not yet had occasion to apply its rule to the teacher-student context. But again, 16 there is no plausible basis for applying a different rule in that context. 3. In sum, the Eighth and Ninth Circuits both re- quire Title plaintiffs to plead and prove post-notice harassment. Wamer, everyone agrees, alleged no such thing. Accordingly, while the Sixth Circuit re- versed the District Court\u2019s dismissal of her claim, the Eighth and Ninth Circuits would have affirmed. B. The First, Fourth, and Eleventh Circuits do not require plaintiffs to plead and prove post-notice harassment. In sharp contrast to the Eighth and Ninth Circuits, the First, Fourth, and Eleventh Circuits do not re- quire Title plaintiffs to plead and prove post-notice harassment. 1. In Fitzgerald v. Barnstable School Committee, 504 F.3d 165 (1st Cir. 2007), rev\u2019d on other grounds, 555 U.S. 246 (2009), the First Circuit rejected a post- notice-harassment requirement as inconsistent with language in Davis. There, a kindergarten student told her parents that an older boy had repeatedly bullied her into raising her skirt, pulling down her under- wear, and spreading her legs during bus rides. Id. at 169. The parents reported the alleged abuse to the school, which investigated. Id. In the meantime, the girl stopped riding the bus to school. Id. at 170. The school investigated the girl\u2019s claims, but found them inconclusive. Id. at 169\u201370. Because her parents drove her to school, the harassment stopped. Id. at 172. This led the district court to dismiss the claim. Echoing the reasoning of the Eighth and Ninth Cir- cuits, the district court concluded that \u201cTitle liabil- ity only attaches after an institution receives actual 17 notice of harassment and the institution subsequently \u2018causes\u2019 the victim to be subjected to additional har- assment.\u201d Id. at 172. The First Circuit disagreed, concluding that plain- tiffs need not show any post-notice harassment. Da- vis, the court explained, \u201cstated that funding recipi- ents may run afoul of Title not merely by \u2018caus[ing]\u2019 students to undergo harassment but also by \u2018mak[ing] them liable or vulnerable\u2019 to it.\u201d Id. (quoting Davis, 526 U.S. at 645) (emphasis added). And it interpreted this to mean that schools may be liable if their inac- tion makes students vulnerable to harassment, re- gardless of whether the students experience such har- assment. As a result, the court reasoned, plaintiffs need not allege or prove post-notice harassment. See id. at 172\u201373. 2. The Fourth Circuit has also interpreted this Court\u2019s decision in Davis to permit recovery without allegations or proof of post-notice harassment. Doe v. Fairfax Cnty. Sch. Bd., 1 F.4th 257 (4th Cir. 2021). In Fairfax, two students touched one another sexually on a bus during a field trip. Id. at 261. Doe\u2019s friends in- formed the teachers what happened, but the school waited until the students returned to school to inves- tigate. Id. Doe then reported that the other student had forced her hand onto his genitals and had touched her without her consent. Id. at 261\u201362. Although Doe experienced no further sexual harassment, the Fourth Circuit held that she could still potentially recover, and remanded the case for a new trial. Id. at 263. It reasoned that \u201cTitle liability based on student-on- student harassment is not necessarily limited to cases where such harassment occurs after the school re- ceives notice and is caused by the school\u2019s own post- notice conduct.\u201d Id. at 273 (alterations accepted; 18 internal quotation marks omitted). The reason? \u201cIn Davis, the Supreme Court explained that an educa- tional institution could be liable under Title not only where its deliberate indifference \u2018cause[s] [stu- dents] to undergo\u2019 harassment,\u2019 but also where such indifference \u2018make[s] them liable or vulnerable\u2019 to har- assment.\u2019\u201d Id. (some internal quotation marks omit- ted) Fairfax remains pending. Six judges dissented from the denial of en banc rehearing, with at least one judge suggesting that this Court should review the is- sue. Fairfax, 10 F.4th at 422 (Niemeyer, J., dissenting from the denial of rehearing en banc). The school pe- titioned for a writ of certiorari. Fairfax Cnty. Sch. Bd. v. Doe, No. 21-968. And this Court has called for the views of the Solicitor General. 142 S. Ct. 2704 (2022). As explained later, see below 27\u201328, this case would make an ideal companion case for Fairfax because this case involves alleged teacher-student harassment. 3. The Eleventh Circuit has held that, in \u201cex- treme\u201d cases, a university may be liable under Title even when no post-notice harassment occurs. Wil- liams v. Bd. of Regents of Univ. Sys. of Georgia, 477 F.3d 1282, 1299 (11th Cir. 2007). In Williams, three student-athletes conspired to rape a female student, and the school waited eight months after her report to conduct a disciplinary hearing. Id. at 1288\u201389. Be- cause the victim withdrew from the university right after filing her complaint, no further harassment oc- curred. Id. at 1297. The lack of post-notice harass- ment did not bar her claim, however, because her choice to withdraw was \u201creasonable and expected.\u201d Id. 4. In sum, the First and Fourth Circuits would have resolved this case in precisely the same way as 19 the Sixth Circuit\u2014though they would resolve cases in- volving peer-peer harassment differently. Compare Fitzgerald, 504 F.3d at 172\u201373 & Doe, 1 F.4th at 273\u2013 74 with Kollaritsch, 944 F.3d at 623\u201324. The Eleventh Circuit might also have resolved the appeal in the same way, depending on whether it deemed the alle- gations in this case \u201cextreme.\u201d 477 F.3d at 1297. C. The Tenth Circuit has issued inconsistent decisions on both sides of the split. The Tenth Circuit has issued a pair of decisions on this issue that are \u201cdifficult to reconcile.\u201d Fairfax, No. 21-968, Pet. for Writ of Cert. at 20 n.2. In Escue v. Northern Oklahoma College, a female college student reported that one of her professors \u201ctouched her inap- propriately without her consent on multiple occasions and made numerous sexual comments.\u201d 450 F.3d 1146, 1149 (10th Cir. 2006). The college permitted the student to transfer to a different class while it inves- tigated. The student and the professor had no further contact. Id. at 1150. After the investigation, the col- lege fired the professor. Id. The student sued the col- lege, alleging (among other things) that its response had been inadequate. Id. at 1151. The college replied both that its response was \u201cnot \u2018clearly unreasonable in light of the known circumstances\u2019 and\u201d that \u201cits re- sponse to the harassment did not \u2018cause [Ms. Escue] to undergo harassment or make [her] vulnerable to it.\u2019\u201d Id. at 1155 (quoting Davis, 526 at 644\u201345). The Tenth Circuit agreed on both fronts. It explained that her claim failed because she had not shown that the university\u2019s response was clearly unreasonable or that its response \u201cled to further sexual harassment. Id. at 1156. 20 Thirteen years later, a different panel of the Tenth Circuit went in a different direction. Farmer v. Kan. State Univ., 918 F.3d 1094 (10th Cir. 2019). In Farmer, two Kansas State University students were raped by fellow students at fraternity events. Id. at 1099\u20131100. When the students reported the rapes, university staff told them that the university would not investigate the individual assailants, but would at most investigate the fraternity chapter more gener- ally. Id. at 1099\u20131100. Although neither student suf- fered further harassment, each student suffered last- ing mental health consequences that affected her ed- ucational opportunities. Id. at 1099\u20131101. Before the Tenth Circuit, Kansas State argued that the students\u2019 claims failed as a matter of law because they alleged no \u201cactual further harassment\u201d following their notify- ing the university. Id. at 1102. The Tenth Circuit dis- agreed. It held that further harassment was unneces- sary; it sufficed that the students feared running into the rapists and that this fear affected their studies. Id. at 1105. The centerpiece of the Tenth Circuit\u2019s analysis was the now-familiar line from Davis: \u201cthe deliberate in- difference must, at a minimum, \u2018cause students to un- dergo\u2019 harassment or \u2018make them liable or vulnerable\u2019 to it.\u201d Id. at 1103 (quoting Davis 526 U.S. at 644\u201345) (underlining deleted, emphasis added). Invoking rules of statutory interpretation, the court explained that lower courts \u201cmust give effect to each part of that sentence.\u201d Id. at 1104. Thus, it concluded that Davis recognized two \u201cclear alternative[s]\u201d for liability: a school\u2019s deliberate indifference could cause further harassment or it could make a student more vulnera- ble to harassment. Id. The Tenth Circuit interpreted this disjunctive phrasing to mean that schools can 21 make students more vulnerable to harassment with- out causing subsequent harassment. Id. On that ba- sis, it held that plaintiffs need not allege and prove post-notice harassment. In sum, without saying so expressly, the Tenth Cir- cuit has sided with the Eighth and Ninth Circuits in some cases. But it has sided with the First, Fourth, and Eleventh Circuits in others. D. The Sixth Circuit adopted a novel, hybrid position. The Sixth Circuit below deepened the split by adopting a hybrid position that no other circuit has embraced. The opinion leaves intact the Circuit\u2019s pre- existing rule regarding peer-peer harassment; in cases alleging that form of harassment, plaintiffs must prove post-notice harassment. See Pet.App.10a\u2013 12a; accord Kollaritsch, 944 F.3d at 623\u201324. But a dif- ferent rule governs cases alleging discrimination by school employees. In that context, plaintiffs need not prove post-notice harassment. Pet.App.20a. This distinction is novel because it makes abso- lutely no sense. The Sixth Circuit tried to justify it by claiming that the verb \u201csubject\u201d in Title has a more capacious meaning in the context of teacher-harass- ment claims than it does in the context of peer-harass- ment claims. Under this logic, post-notice harassment forms an element of the latter theory but not of the former. But the Circuit did not, and could not conceiv- ably, justify that ad hoc distinction. * * * The circuits are sharply split regarding the ques- tion whether Title plaintiffs seeking redress for harassment must allege and prove post-notice 22 harassment. Here, there \u201cis no question that Wamer did not allege any post-notice harassment.\u201d Pet.App. 9a. As a result, this case comes out differently de- pending on which approach is correct. Therefore, this petition squarely presents the circuit split. II. The questions presented are important. A. This issue matters to schools and students. This issue qualifies as one of \u201c\u2018exceptional\u2019 im- portance.\u201d Fairfaix, 10 F.4th at 414 (Wilkinson, J., dissenting from the denial of rehearing en banc) (quot- ing Appellate Rule 35). Over 5,000 universities accept Title funds. U.S. Dep\u2019t of Educ., Office for Civil Rights, Title and Sex Discrimination (rev. Aug. 2021), /tix_dis.html. Tens of thousands of primary schools do as well. Id. The Sixth Circuit\u2019s decision imposes lia- bility on those many thousands of schools for incidents of sexual harassment they \u201cdid not cause\u201d and \u201ccould not prevent or foresee.\u201d Fairfax, 10 F.4th at 414 (Wil- kinson, J., dissenting from the denial of rehearing en banc). That represents a \u201cstartling expansion of the statute,\u201d and threatens to divert significant resources away from schools across the country. Id. This Court should take this case and decide whether the statute really requires that startling expansion. Even if the Court ultimately agrees with the Sixth Circuit, this case would be no less important. For if that circuit is right, then the Eighth and Ninth Cir- cuits (and sometimes the Tenth Circuit) have errone- ously constructed barriers that prevent victims of sex- ual harassment from recovering damages to which they are entitled. Whether the schools or the students are reading the statute correctly, the answer should 23 not change depending on the circuit in which a school is located. B. The question presented allows this Court to clarify the principles governing the interpretation of its holdings. This case also presents an opportunity for the Court to correct a persistent misimpression among the lower courts about the proper way to interpret this Court\u2019s decisions. The circuits that require no allegations or evidence of post-notice harassment often rely on the presump- tion against surplusage. In particular, they point to the following passage from Davis: \u201cdeliberate indif- ference must, at a minimum, \u2018cause [students] to un- dergo\u2019 harassment or \u2018make them liable or vulnera- ble\u2019\u201d to it. 526 U.S. at 644\u201345 (citation omitted). These courts insist that, because of the presumption against surplusage, they \u201cmust give effect to each part of that sentence.\u201d Farmer, 918 F.3d at 1104. And that, the thinking goes, means reading Davis to per- mit liability for conduct that makes plaintiffs \u201cliable or vulnerable\u201d to harassment even if the conduct does not cause any harassment. Id. Thus, even though the plaintiff in Davis alleged post-notice harassment, 526 U.S. at 634, these courts read Davis to have held that schools might be liable even in the absence of such harassment. That is not how courts should read opinions. \u201cThis Court has long stressed that \u201c\u2018the language of an opin- ion is not always to be parsed as though [one] were dealing with the language of a statute.\u2019\u201d Brown v. Dav- enport, 142 S. Ct. 1510, 1528 (2022) (alteration ac- cepted) (quoting Reiter v. Sonotone Corp., 442 U.S. 24 330, 341 (1979)). Unlike statutes, \u201c[j]udicial opinions \u2026 resolve only the situations presented for decision.\u201d Planned Parenthood of Indiana & Kentucky, Inc. v. Comm\u2019r of Indiana State Dep\u2019t of Health, 917 F.3d 532, 536 (7th Cir. 2018) (Easterbrook, J., dissenting from the denial of rehearing en banc). So lower courts should not \u201cextract[]\u201d sentences from this Court\u2019s de- cisions and use them to \u201cjustify an outcome incon- sistent with this Court\u2019s reasoning and judgments and with Congress\u2019s instructions.\u201d Davenport, 142 S. Ct. at 1528. Nor should they \u201cexalt[] \u2026 this Court\u2019s every passing remark\u201d to the level of a \u201clawful congressional command.\u201d Id. As the treatment of Davis shows, this message has yet to sink in. Davis \u201chad no reason to pass on\u201d whether Title claims require post-notice harass- ment. Id. Yet some courts have elevated a \u201cstray com- ment[]\u201d in that opinion to the level of a \u201ccongressional command\u201d in order to justify imposing Title liabil- ity even in cases, like this one, where the harassment ceased once the school learned about it. Id. This mistake takes on a constitutional dimension in Spending Clause cases. For it assumes that stray language in this Court\u2019s decisions, rather than the language in a statute, can provide the clarity States need. That would violate the \u201cseparation of powers\u201d principles that undergird this Court\u2019s Spending Clause jurisprudence. Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562, 1576\u201377 (2022) (Ka- vanaugh, J., concurring). That jurisprudence de- mands that \u201cCongress,\u201d not this Court, \u201cspeak with a clear voice.\u201d Pennhurst State Sch. & Hosp. v. Halder- man, 451 U.S. 1, 17 (1981) (emphasis added). 25 All in all, if the rule that courts \u201cdon\u2019t read prece- dents like statutes\u201d applies anywhere, Preterm-Cleve- land v. McCloud, 994 F.3d 512, 536 (6th Cir. 2021) (en banc) (Sutton, J., concurring) (quotation omitted), it applies in cases about Spending Clause statutes. And if that rule means anything, it means that the pre- sumption against surplusage does not apply to this Court\u2019s passing remarks on issues not before it. This Court should make that clear. III. This case is an ideal vehicle for resolving the split, especially if it is argued alongside Fairfax. This case is an attractive vehicle for addressing the questions presented for four reasons. First, this case comes to the Court following the District Court\u2019s granting of the University\u2019s motion to dismiss for failure to state a claim. That means the record is small and there is no chance the Court will get bogged down in disputes over facts. Davis, this Court\u2019s most recent case in this area, arose in the same posture. Davis, 526 U.S. at 633. Second, this case squarely presents the question whether a school can be liable under Title based on harassment that occurred before it received notice of the misconduct. As the Sixth Circuit put it: \u201cThere is no question that Wamer did not allege any post-notice harassment.\u201d Pet.App.9a. The Sixth Circuit thor- oughly discussed the issue, addressing several of the cases involved in the split, and still concluded that Wamer\u2019s claim could proceed. Third, the Sixth Circuit erred. Its holding\u2014that a school may be liable under Title even if its own con- duct does not cause harassment\u2014contravenes this 26 Court\u2019s precedent on Title IX, the text of the statute, and Spending Clause principles. Consider first the precedent. Gebser held that a school can be liable for money damages arising from a teacher\u2019s sexual harassment of a student only when the school\u2019s own deliberate indifference to known acts of harassment \u201cwas the cause of the violation.\u201d Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 291 (1998). That means that a school\u2019s deliberate indiffer- ence must have been \u201cthe cause [of] \u2026 the harass- ment.\u201d Fairfax, 10 F.4th at 415 (Wilkinson, J., dis- senting from the denial of en banc rehearing) (internal quotations and citation omitted); accord id. at 421 (Niemeyer, J., dissenting from the denial of en banc rehearing). Because a school\u2019s deliberate indifference cannot cause harassment that occurred before the school exhibited deliberate indifference, Gebser re- quires proof of post-notice harassment. In holding otherwise, the Sixth Circuit contradicted Gebser. The Circuit\u2019s decision fares no better under Title IX\u2019s text than it does under Gebser. The statute bars schools from \u201csubject[ing]\u201d their students to \u201cdiscrimi- nation.\u201d 20 U.S.C. \u00a71681(a). Because \u201csexual harass- ment can constitute discrimination on the basis of sex,\u201d Gebser, 524 U.S. at 283, the statute bars schools from \u201csubject[ing]\u201d their students to sexual harass- ment. But \u201cwe wouldn\u2019t say that the school had \u2018sub- jected\u2019 its students to harassment,\u201d Kollaritsch, 944 F.3d at 628 (Thapar, J., concurring), simply by caus- ing them to experience an \u201cobjectively reasonable fear\u201d of harassment. Instead, a school subjects a stu- dent to harassment only when it does something to cause harassment. And no school can cause harass- ment that it never had any reason to suspect was 27 occurring. Therefore, plaintiffs must allege (and ulti- mately prove) post-notice harassment. At the very least, it is not clear from the statutory text that schools can be held liable for harassment that stopped before they received notice it was hap- pening. Fairfax, 10 F.4th at 414\u201315 (Wilkinson, J., dissenting from the denial of rehearing en banc); Es- cue, 450 F.3d at 1155. Because Title is Spending Clause legislation, and because it does not clearly im- pose liability for pre-notice harassment, it cannot be read to impose such liability at all. Cummings, 142 S. Ct. at 1571; Davis, 526 U.S. at 640; Gebser, 524 U.S. at 287\u201388. Fourth, this Court has already shown interest in a pending petition that presents the same question pre- sented here. As mentioned already, this Court in May called for the views of the Solicitor General in Fairfax, 142 S. Ct. 2704. That petition presents the question whether \u201ca funding recipient may be liable in damages in a private action under Davis when the recipient\u2019s response did not itself cause any harassment actiona- ble under Title IX,\u201d id., Pet. for Writ of Cert. at i, which is just another way to frame the question pre- sented by this petition. This Court should grant the two petitions and hear argument in both cases. The arguments in the two cases likely will overlap to a large degree, and this Court should reverse in each case. But Fairfax in- volves peer-peer harassment, whereas this case in- volves teacher-student harassment. Taking both cases would allow this Court to give full airing to the Sixth Circuit\u2019s view that different standards should apply in the two settings. So hearing both cases would allow the Court to resolve two issues at once. In 28 contrast, holding this case for Fairfax would do little good: even if the Court grants certiorari in Fairfax and holds that Title plaintiffs must prove post-no- tice harassment, and even if it were to respond to such a ruling by vacating and remanding the Sixth Cir- cuit\u2019s decision below, the Sixth Circuit would remain free to continue recognizing the atextual distinction between peer-peer and teacher-student cases. Rather than allowing that confusion to linger, the Court should resolve it when resolving the broader question of what Title plaintiffs must prove to prevail. 29 The Court should grant the petition for certiorari and reverse. Respectfully submitted Ohio Attorney General M. FLOWERS* Solicitor General *Counsel of Record Chief Deputy Solicitor General Deputy Solicitor General 30 East Broad St., 17th Floor Columbus, Ohio 43215 614-466-8980 [email protected] Counsel for Petitioner 2022", "8586_104.pdf": "From Casetext: Smarter Legal Research Wamer v. Univ. of Toledo Oct 16, 2020 Case No. 20cv942 (N.D. Ohio Oct. 16, 2020) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free Case No. 20cv942 10-16-2020 Jaycee Wamer Plaintiff, v. University of Toledo Defendant. James G. Carr Sr. U.S. District Judge On the date of the events giving rise to this suit, plaintiff Jaycee Wamer was a student at the University of Toledo (\"University\" or \"UT\"). She was Sign In Search all cases and statutes... Opinion Case details 2/27/25, 6:39 Wamer v. Univ. of Toledo, Case No. 20cv942 | Casetext Search + Citator 1/9 enrolled in a communications class; the instructor was Erik Tyger. She brings this suit under Title of the Education Amendments of 1972, 20 U.S.C. \u00a7 1681, et seq. She claims that after she promptly reported an incident of sexual harassment, the University failed to investigate and take necessary corrective action. In doing so, the University manifested deliberate indifference towards her and her complaint. Pending is the University's motion to dismiss (Doc. 5), to which plaintiff has filed an opposition (Doc. 6), and has filed a reply. (Doc. 7 granted plaintiff's motion for leave to file her sur-reply (Doc. 10). For the reasons that follow grant the University's motion. Background On May 2, 2018, plaintiff was at UT's Media Center, working to complete a project before its deadline. As she was doing so, Tyger came from behind, placed his arm around her, resting it on her chest while touching her hair. Plaintiff continued working; when she completed the project, she asked Tyger for permission to use the computer in his office to print it out. *2 2 Once in his office, he sat down between plaintiff and the printer. Tyger asked plaintiff about her job at Maumee Bay State Park; he told her that he once worked there. He also stated that he \"would go into empty rooms to f*** women.\" Plaintiff had to lean across Tyger to use the printer. As she did so, he bent his head against plaintiff, told her she smelled good, and asked what kind of perfume she wore. He also placed his hand on the middle of her thigh. Thereafter, Tyger sent plaintiff three text messages - one the same day, the other two the following day. The first was, \"you'd better come visit me again?\" The next asked about her work schedule, and the last was, \"Or don't answer me. It's cool.\" Plaintiff did not respond. On May 4th, plaintiff contacted another faculty member, Kevin O'Korn. She told him that Tyger \"had made unwelcome sexual advances toward her.\" Mr. O'Korn submitted a complaint on plaintiff's behalf to the University's Office 2/27/25, 6:39 Wamer v. Univ. of Toledo, Case No. 20cv942 | Casetext Search + Citator 2/9 of Title and Compliance. Plaintiff submitted her complaint that day as well. In addition to the specific allegations about Tyger's conduct and text on May 2nd and texts on May 3rd, Ms. Wamer also alleges that Tyger \"frequently made inappropriate comments to [his] class, including that students should ask about [his] drug overdose, that [he] would not have gotten married at such a young age if his wife had not been pregnant, and that concerning the '#metoo' movement against sexual assault and harassment, [he] believed that the women were 'asking for it.'\" There is no further detail about these comments provided. At some point soon thereafter someone from UT's Title Office contacted plaintiff. She was asked if she would feel \"comfortable\" with a face-to-face on-campus interview about her allegations. Fearing a possible encounter with Tyger, she said she would not feel comfortable coming on campus. She did not, however, indicate that she would not otherwise participate fully *3 in an investigation of Tyger's conduct. The University never indicated that an on-campus interview was necessary for it to go forward with an investigation. 3 Three weeks after receiving the reports, the University notified plaintiff that it was closing its investigation and would be taking no action. As a result of the University's inaction, plaintiff continued to fear coming on campus. She changed her major from communications and enrolled in online courses. In October, 2018, O'Korn arranged a meeting between plaintiff and Deloris Drummond, a more senior faculty member. After the meeting, which occurred on October 26, 2018, Ms. Drummond filed a complaint about Tyger's actions with the Title Office. That office notified plaintiff on November 7, 2018, that it had received another report about Tyger's sexual harassment of her. Also on November 7th, the University placed Tyger on administrative leave. Thereafter, Tyger unsuccessfully tried to speak with plaintiff on campus, publicly accused her of lying, and disclosed the grades he had given her. 2/27/25, 6:39 Wamer v. Univ. of Toledo, Case No. 20cv942 | Casetext Search + Citator 3/9 On January 7, 2019 Title investigators Stacy Latta and Ardy Goyer spoke with O'Korn. He confirmed that plaintiff remained uncomfortable about speaking to anyone about the situation other than an investigator. On April 3, 2019, the University notified Tyger that he was terminated effective May 6, 2019 disciplinary hearing on May 10, 2019 found that Tyger had engaged in sexual misconduct as plaintiff had alleged. As her sole claim for relief, plaintiff seeks damages for the alleged deliberate indifference with which, she claims, the University treated the three complaints - hers, O'Korn's, and Drummond's - about Tyger's sexual harassment. *4 4 Standard motion to dismiss is properly granted if the plaintiff has \"fail[ed] to state a claim upon which relief can be granted.\" Fed R. Civ. P. 12(b)(6). To survive a motion to dismiss, the plaintiff must allege facts that are sufficient \"to state a claim to relief that is plausible on its face.\" Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007 claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.\" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). \"Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.\" Id must accept the factual allegations in the complaint as true and construe the complaint in the light most favorable to the plaintiff. Hill v. Blue Cross & Blue Shield of Mich., 409 F.3d 710, 716 (6th Cir. 2005). Discussion In Gebser v. Lago Vista Independent School Dist., 524 U.S. 274, (1998), the Supreme Court held a victim of sexual harassment can recover damages under Title from a university that receives federal funds. To prevail, the plaintiff must prove that the university's response to her complaint of sexual harassment was inadequate. Recovery from a university, in the context of teacher-on-student harassment, as is the case here, results only when the university has actual 2/27/25, 6:39 Wamer v. Univ. of Toledo, Case No. 20cv942 | Casetext Search + Citator 4/9 Id., 651-52. notice of, and is deliberately indifferent to, the teacher's sexual harassment. Id. at 292-93. Actual notice is not in dispute here. 1. Severe, Pervasive, and Objectively Offensive The University argues that plaintiff cannot establish that \"she endured severe, pervasive, and objectively offensive harassment about which the University was aware.\" (Doc. 5, pgID #118) (citing Davis v. Monroe Bd. of Educ., 526 U.S. 629, 652 (1999 agree that she has not *5 put forth facts that plausibly establish that she suffered severe, pervasive, and objectively offense harassment. That, however, is not the correct standard. 5 The Court's decision in Davis involved student-on-student harassment. Id. at 632. The Court emphasized that students lack the maturity and moral compass to interact appropriately with each other: [A]t least early on, students are still learning how to interact appropriately with their peers. It is thus understandable that, in the school setting, students often engage in insults, banter, teasing, shoving, pushing, and gender-specific conduct that is upsetting to the students subjected to it . . . in the context of student-on-student harassment, damages are available only where the behavior is so severe, pervasive, and objectively offensive that it denies its victims the equal access to education that Title is designed to protect. Erik Tyger was not a teenager; he was an adult. He was not a fellow student; he was a faculty member. Thus, a university student victimized by a faculty member's sexual harassment need not allege that she (or he) endured \"severe, pervasive, and objectively offensive harassment.\" Such plaintiff need only allege that the faculty member's misconduct amounts to actionable sexual harassment, which she has. 2. Deliberate Indifference To state a Title claim against a university, the plaintiff must plead the elements of a deliberate indifference intentional tort: 1) institutional knowledge; 2) an act of sexual harassment; 3) consequent injury; and 4) 2/27/25, 6:39 Wamer v. Univ. of Toledo, Case No. 20cv942 | Casetext Search + Citator 5/9 causation. See Kollaritsch v, Mich. State Univ. Bd. of Trustees, 944 F.3d 613, 621 (6th Cir. 2019 university's response to allegations of sexual harassment amounts to deliberate indifference only if its response is clearly unreasonable in light of known circumstances. Davis, supra, 526 U.S. at 648. *6 6 On a university campus, this standard applies both to teacher-on-student and student-on-student harassment. Williams v. Paint Valley Local Sch. Dist., 400 F.3d 360, 367 (6th Cir. 2005) (\"It is clear from a reading of Gebser and Davis, that the Court is discussing only one standard for 'deliberate indifference' under Title pupil harassment cases, and not, as [plaintiff] contends, one standard for student-on-student harassment and a less stringent standard for teacher-on-student harassment.\"). Accord, Meng Huang v. Ohio State University, 2020 531935, at *9 (S.D.Ohio, 2020) (citing Williams, supra, 400 F.3d at 367); K.S. v. Detroit Public Schools, 2015 4459340, at *14-15 (E.D.Mich., 2015). The decision in Davis instructs courts that a university may not be held liable for damages unless its deliberate indifference \"subjects its students to harassment.\" 526 U.S. at 644. The Court stated that \"deliberate indifference must, at a minimum, 'cause [students] to undergo harassment or make them liable or vulnerable' to it.\" Davis, 526 U.S. at 645. According to Sixth Circuit precedent: The Davis Court described wrongful conduct of both commission (directly causing further harassment) and omission (creating vulnerability that leads to further harassment). The definition presumes that post-notice harassment has taken place; vulnerability is simply an alternative pathway to liability for harassment, not a freestanding alternative ground for liability. In sum, the vulnerability component of the ... 'subjected' definition was not an attempt at creating broad liability for damages for the possibility of harassment, but rather an effort to ensure that a student who experiences post-notice harassment may obtain damages regardless of whether the harassment resulted from the institution placing the 2/27/25, 6:39 Wamer v. Univ. of Toledo, Case No. 20cv942 | Casetext Search + Citator 6/9 Kollaritsch, supra, 944 F.3d at 623, quoting Zachary Cormier, Is Vulnerability Enough? Analyzing the Jurisdictional Divide on The Requirement For Post- Notice Harassment in Title Litigation, 29 Yale J.L. & Feminism 1 (2017). *7 student in a position to experience that harassment or leaving the student vulnerable to it. 7 Though Tyger subjected plaintiff to unwelcome and indefensible sexual harassment, plaintiff does not allege that the University's action post-notice was detrimental in that it resulted in harassment or that the University's insufficient action made \"the victim more vulnerable to, meaning unprotected from, further harassment.\" Id. In pertinent part, plaintiff alleges, that, after filing a complaint with UT's Title Office: 1) she informed the Title Office that she was not comfortable attending an on-campus face-to-face interview with a Title investigator (Doc. 1, \u00b6\u00b6 38-39); 2 informed plaintiff it would continue to pursue the case even if she did not attend an interview (Id. at \u00b6 41); 3) plaintiff did not indicate to UT's Title Office that she did not wish to pursue her complaint against Tyger (Id. at \u00b6 43); 4) three weeks after plaintiff made her initial complaint to the Title Office notified her that they completed its investigation and would not take action against Tyger (Id. at \u00b6 44); and 5) UT's inaction caused her to fear visiting campus and attending in-person courses to such an extent that she changed her major and enrolled in online classes (Id. at \u00b6 45, 46). This set of facts infers that received plaintiff's complaint, contacted plaintiff to discuss the complaint, investigated the complaint with the information plaintiff had provided, and ultimately chose to not take action against Tyger. Plaintiff then chose to change her major, move off campus, and enroll in online courses. Nothing in the plaintiff's complaint plausibly alleges that UT's actions subjected her to a risk of further sexual harassment or made her more vulnerable to or unprotected from it. Plaintiff's subjective dissatisfaction with the the investigation's outcome does not plausibly support an inference that UT's response, to engage in a three-week investigation unaided by 2/27/25, 6:39 Wamer v. Univ. of Toledo, Case No. 20cv942 | Casetext Search + Citator 7/9 plaintiff, left her exposed to a risk of further sexual harassment or caused her to be more vulnerable to such sexual harassment. *8 8 Conclusion Without facts that support an inference that the University's response was clearly unreasonable, plaintiff's claim fails to state a cause of action for deliberate indifference to her sexual harassment complaint. It is, accordingly, hereby the defendant's motion to dismiss (Doc. 5) be, and the same hereby is granted. So ordered. /s/ James G. Carr Sr. U.S. District Judge About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings 2/27/25, 6:39 Wamer v. Univ. of Toledo, Case No. 20cv942 | Casetext Search + Citator 8/9 Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 6:39 Wamer v. Univ. of Toledo, Case No. 20cv942 | Casetext Search + Citator 9/9"} |
7,883 | Michael Wang | Washington College | [
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] | {"7883_101.pdf": "fake-profile-to-send-female-students-inappropriate-messages/article_5ef8cd27-0615-5104-b806- d478868c10e8.html Special from The Elm Visiting professor allegedly used fake profile to send female students inappropriate messages By Special from The Elm Dec 14, 2017 Washington College visiting professor of economics is no longer teaching after allegedly sending several female students inappropriate messages and misrepresenting himself via Facebook, which is in violation of Washington College\u2019s social media policy. Privacy - Terms 2/27/25, 6:39 Visiting professor allegedly used fake profile to send female students inappropriate messages | Spotlight | myeasternshoremd.com 1/5 The Elm and the Kent County News do not name victims of sexual assault, harassment or misconduct. Professor Michael Wang, who was hired at Washington College to teach three courses vacated by economics professor Andy Helms, was relieved of his teaching duties Nov. 30 after two students filed a report together with the college\u2019s Department of Public Safety Nov. 27. An investigation was launched immediately, said Candace Wannamaker, Washington College\u2019s Title coordinator. Due to the fact Wang was a faculty member and it was a Title inquiry, Wannamaker and Carolyn Burton, assistant Title coordinator and director of human resources, met and continued the investigation. Wang was asked to leave campus Nov. 29 and it was determined he would no longer continue teaching the following day, Wannamaker said. The economics department was notified that same day to cover Wang\u2019s three courses. Different department members took over teaching responsibilities. Dean and Provost Patrice DiQuinzio confirmed that Wang was no longer teaching at the college and that other professors had stepped in to fill the classes. Wang told The Elm in an email on Dec. 5 that he was \u201cextremely remorseful about any inappropriate actions.\u201d \u201cAlthough it was never my intention to harm anyone should have known better not to violate the college policy have addressed all the mistakes and this was an important lesson that will never forget for the rest of my life. To this end deeply apologize to those being affected,\u201d he said. According to Burton, as with most faculty members, the hiring department reviews the applicants. The applicant completes an interview and the college completes reference checks and a background check. Burton confirmed that Wang had cleared 2/27/25, 6:39 Visiting professor allegedly used fake profile to send female students inappropriate messages | Spotlight | myeasternshoremd.com 2/5 the reference and background checks. On Dec. 6, DiQuinzio sent out an email to staff, faculty and students. The email summarized the timeline of events. \u201cWe urge you to be cautious in using social media and text messaging,\u201d the email said. Several links were listed for students to \u201crefresh yourselves about good practices for online safety,\u201d the email said. Wannamaker said while Wang\u2019s actions were not illegal, they did violate policy. \u201cIt was not conduct becoming of a faculty member,\u201d she said. In the college\u2019s social media policy, the guidelines state that individuals must \u201cbe transparent about your role at WC.\u201d It has been confirmed to The Elm that Wang allegedly posed as \u201cViolet Lau\u201d on Facebook and friended more than 200 people associated with the college, according to an analysis of Lau\u2019s profile. Using Lau\u2019s profile, Wang reached out to at least seven students. The Elm obtained screenshots of those messages. Acting as Lau, Wang messaged students in the period between September and November. In all of the messages given to The Elm, Lau would say she wasn\u2019t sure how she had become friends with the student through Facebook before asking them basic questions about themselves. One student said that she was messaged throughout the course of one to two days. She said she is particularly careful when it came to accepting friends she doesn\u2019t know, but when she saw that she and Lau had nearly 60 friends in common from the college, she accepted. 2/27/25, 6:39 Visiting professor allegedly used fake profile to send female students inappropriate messages | Spotlight | myeasternshoremd.com 3/5 Wang, posing as Lau, started by asking what year the student was, what she was majoring in and where she was from. \u201cIt seem(ed) so normal (was) not even questioning it,\u201d she said. The conversation led to an invitation to get coffee, and the student said it was \u201cstill, normal to me.\u201d After some more back and forth, it became evident that Lau knew more about the student and one of her economics courses than she volunteered, such as the day, time and professor like to think of myself as a very smart person,\u201d she said. \u201cIf it was a boy totally wouldn\u2019t have answered it. Because it was a girl and (member of) the community \u2014 we\u2019re so small. ... It\u2019s not something expected.\u201d The messages to other students followed a similar pattern, but others escalated to a sexual nature. Another student spoke with Wang, posing as Lau, for weeks. Lau told the student she wanted to be a porn star and asked the student about her sexual habits. She sent the student several photos that had allegedly been published in a Japanese adult magazine. Lau began referring to the student as \u201csister\u201d or \u201csis.\u201d After speaking to Lau for a while, it was suggested that the student reach out to her brother, whom Lau identified as Wang. Wang began messaging the student as himself, while also messaging the student as Lau. 2/27/25, 6:39 Visiting professor allegedly used fake profile to send female students inappropriate messages | Spotlight | myeasternshoremd.com 4/5 The student said she became suspicious and thought she was being catfished \u2014 lured into a relationship through a fictitious profile. She Googled all of Lau\u2019s photographs on her profile and began messaging Lau for her Snapchat or to set up time to FaceTime, the student said. Lau refused each request. Eventually, Lau asked if the student doubted her authenticity and stopped talking to the student. In one case, on Nov. 5, Wang, using his own profile, reached out to a student. When he told her he was a professor, she stopped responding. \u201cThe students who brought forward these concerns did exactly the right thing,\u201d DiQuinzio said. \u201cProviding a safe learning environment in which all students are treated with respect is our top priority, so if students feel that an interaction with a professor or staff member does not meet that standard they should report it.\u201d Another student told The Elm the situation made her feel disgusted and violated feel sick thinking about it,\u201d she said. \u201cAnd I\u2019m tired. I\u2019m tired of men in positions of authority preying on young women. I\u2019m tired of having to be on guard all the time. I\u2019m tired of being a sex object and a fantasy for any man who decides to focus on me, and I\u2019m tired of not being a person.\u201d The Elm\u2019s Molly Igoe and Abby Wargo, news editors, and Caroline Harvey, copy editor, contributed research and reporting. 2/27/25, 6:39 Visiting professor allegedly used fake profile to send female students inappropriate messages | Spotlight | myeasternshoremd.com 5/5", "7883_102.pdf": "In high school, Michael Wang crammed his life with many extracurricular activities in hopes of someday getting into Harvard University. After he was rejected, he became an outspoken advocate for Asian Americans in the college admissions process. Credit: Image provided by Michel Wang Michael Wang became a poster child for protesting affirmative action. Now he says he never meant for it to be abolished As the Supreme Court considers banning race-conscious admissions policies, Wang reconsiders what his endorsement meant by May 31, 2023 2/27/25, 6:40 Michael Wang, who was a poster child for protesting affirmative action, does not want the Supreme Court to abolish the practice 1/10 This story also appeared in ack in 2013, as a senior in high school, Michael Wang sent a series of emails to admissions offices at the colleges that had rejected him. He asked how race played into their decisions, specifically for Asian American students like him. With near-perfect test scores, stellar grades and a pages-long resum\u00e9 of extracurricular activities, he wanted to know why he had been rejected from the nation\u2019s most prestigious universities. Finding their boilerplate responses insufficient, he filed discrimination complaints against three universities with the federal Department of Education\u2019s Office for Civil Rights. Unknowingly, Wang helped set in motion the latest movement to end affirmative action on college campuses. Now, he said, \u201ca part of me regrets what I\u2019ve put forward.\u201d In the 10 years since he sent the emails and filed the complaints, he\u2019s come to feel that the issue is much bigger than just whether he got to attend Harvard College. He\u2019s concluded, he said, that \u201caffirmative action is a Band-Aid to the cancer of systemic racism.\u201d Even after more than five decades of affirmative action in college admissions, dramatic inequities by race in college enrollment and degree attainment persist. Between Black and White Americans, the college enrollment gap has been growing wider since 2010, according to data from the National Center for Education Statistics and the National Student Clearinghouse. With the potential end of race-conscious admissions looming, Wang isn\u2019t sure if a world without affirmative action is better or worse than the world we live in now. \u201cWhere we are now is not great, but I\u2019m scared to see what\u2019s going to happen in the future,\u201d Wang, now 27, said in an interview with The Hechinger Report. The Supreme Court is expected to rule on two affirmative action cases next month. One alleges discrimination against Asian American applicants at Harvard, and another alleges discrimination against white and Asian American applicants at the University of North Carolina at Chapel Hill. Wang, who graduated from Williams College in 2017, is not named in either lawsuit. And although he became a poster child for opposition to affirmative action, Wang\u2019s concern was always more nuanced. Yes, he filed those complaints; yes, he met with Edward Blum, the driving force behind opposition to race-based admissions, and agreed to speak publicly about his own situation, over and over and over again. 2/27/25, 6:40 Michael Wang, who was a poster child for protesting affirmative action, does not want the Supreme Court to abolish the practice 2/10 Every time Wang spoke out, however, he talked about remedying unfairness to Asian American students \u2013 not eliminating all racial considerations in admissions. He believes colleges have unfairly used affirmative action to hold Asian Americans to higher standards than other applicants, and that policies that help some historically marginalized students but disadvantage others aren\u2019t fair. \u201cI\u2019m not anti-affirmative action,\u201d he said just want it reformed.\u201d Yet Wang\u2019s willingness to share his disillusionment at his own college-admissions experience has helped push the already existing movement to where it is today. Michael Wang attended Williams College, a prestigious liberal arts school in Massachusetts, graduating in 2017. Although it wasn\u2019t his first choice, he now says he wouldn\u2019t go back and change it even if he could. Credit: Image provided by Michel Wang 2/27/25, 6:40 Michael Wang, who was a poster child for protesting affirmative action, does not want the Supreme Court to abolish the practice 3/10 Colleges began enacting affirmative action policies in the 1960s and 1970s, aiming to add racial and gender diversity to college campuses, and opponents began challenging them shortly thereafter. In 1978, the Supreme Court ruled that colleges could use race as a factor in admissions, but could not use racial quota systems. Since then, there have been several high-profile lawsuits that have modified the Supreme Court\u2019s position on affirmative action in limited ways. Related: Beyond the Rankings: The College Welcome Guide Proponents of affirmative action say that ending the practice will hurt historically underrepresented people in higher education and will reinforce inequities that left these communities underrepresented in the first place. They also argue that diversity on campuses improves the educational experience of all students. \u201cThe purpose here of these cases before the Supreme Court is to suggest that something like a diverse community isn\u2019t something that\u2019s important and valuable, and that race should not be a part of the kind of conversation we\u2019re having, and that\u2019s the part that is really dangerous,\u201d said Anurima Bhargava, who led federal civil rights enforcement in schools and higher education institutions at the Department of Justice during the Obama administration and now leads the advising and consulting firm Anthem of Us, which promotes equity in schools, workplaces and communities. She added, \u201cIt doesn\u2019t account for the fact that so much of the way in which our education systems are set up is privileging some to the detriment of many others.\u201d Affirmative action critics believe that if colleges give preference to Black and Latino students, that will raise the bar for Asian and white students, who will then be fighting for a reduced number of seats. \u201cYou can\u2019t preference someone into a class without preferencing someone out,\u201d said Gail L. Heriot, a law professor at the University of San Diego and a member of the United States Commission on Civil Rights, who opposes affirmative action policies. That\u2019s what Wang felt had happened when he was denied entry to Harvard, despite the resum\u00e9 he had spent years working tirelessly to build. 2/27/25, 6:40 Michael Wang, who was a poster child for protesting affirmative action, does not want the Supreme Court to abolish the practice 4/10 Michael Wang, a poster child for the anti-affirmative action movement, often shared his college admissions experience and publicly advocated for a more fair process for other Asian Americans. He now worries that the movement may have gone too far. Credit: Image provided by Michel Wang The responses to his emails and to the discrimination complaints Wang filed with the Department of Education didn\u2019t prompt the action he\u2019d hoped for. He got in touch with Blum, who was then representing a white student, Abigail Fisher, who had been rejected from the University of Texas in an affirmative action case before the Supreme Court. (The court ultimately ruled against her.) 2/27/25, 6:40 Michael Wang, who was a poster child for protesting affirmative action, does not want the Supreme Court to abolish the practice 5/10 Blum, who is white, founded the nonprofit Students for Fair Admissions, the group that brought both cases now before the Supreme Court. Because Blum was looking for plaintiffs who were still in the college application process, it was too late for Wang to join either case. But he said he solved a significant problem for Blum: None of the students the lawyer was then representing was willing to speak out or be named, fearing retaliation. And so Wang became the public face of his campaign. Back in the fall of 2013, Wang had moved to Massachusetts to start classes at Williams, a prestigious liberal arts school where about 10 percent of students were Asian, 7 percent were Black, 12 percent were Hispanic and 42 percent were white. \u201cHow can we contribute to the leadership of tomorrow? That leadership has got to be diverse.\u201d When he found himself one of two Asian American students in a political science class, it was difficult to keep the affirmative action questions out of his head, he said, and he began to wonder what the lack of racial diversity meant for the diversity of opinion. \u201cDiversity is still crucially important to the learning experience, but at what cost do we achieve that diversity?\u201d he wondered. Being part of this movement for a decade has prompted Wang to think deeply about how college applicants are judged, he said. \u201cLet\u2019s say you have an African American student whose family is barely above the poverty line, but has tried hard to go to debate tournaments, attend school, working their butt off trying to get to the end of the day,\u201d Wang said 3.7 GPA. Pretty impressive, solid exam scores, but a really inspiring lifestyle. Compared to an Asian American student who comes in with everything off the charts, A\u2019s in everything, 4-point-whatever GPA, super high test scores. \u201cHow do you decide at that point don\u2019t know.\u201d In an interview for a documentary film produced by and Retro Report, in partnership with The Hechinger Report, Wang said think affirmative action is still very necessary in helping minorities who actually need it.\u201d Related: Culture wars on campus start to affect students\u2019 choices for college Natasha Warikoo, sociology professor, Tufts University 2/27/25, 6:40 Michael Wang, who was a poster child for protesting affirmative action, does not want the Supreme Court to abolish the practice 6/10 And he said the pervasive \u201cmodel minority\u201d myth, which suggests that all Asian American students are high- performing and successful, works to erase the history of discrimination against Asian Americans. Wang said he did not understand the magnitude of the situation \u2013 and the change that could be coming \u2013 until the Supreme Court shifted to a conservative majority over the past few years. By then, Wang was finishing up his political science degree at Williams, working as a paralegal, and then moving through law school at Santa Clara University in California. He said he was in part inspired to pursue the law because of his experience with college admissions and his belief that the ways race was being considered were unfair. (Though that was his motivation, Wang is now interested in intellectual property law.) But as he was learning the law, the way the highest court was interpreting the law was changing. \u201cYou can\u2019t preference someone into a class without preferencing someone out.\u201d Wang pointed to two examples: a 2018 Supreme Court ruling in favor of a Colorado baker who refused to make a cake for a same-sex couple\u2019s wedding, and the overturning of Roe v. Wade, which dramatically altered abortion access in the country. \u201cThis Court has done a lot of things that we didn\u2019t think would ever be possible,\u201d Wang said. \u201cThe things learned in my constitutional law class now don\u2019t matter, just because the recent Supreme Court has overturned them.\u201d Now more than ever, he said, he has no idea what to expect. \u201cAffirmative action might get completely tossed and don\u2019t fully agree with that,\u201d Wang said in the documentary. \u201cMaybe there is a problem with implementation, that doesn\u2019t mean we toss affirmative action out the door. There is a middle ground.\u201d Related: Why elite colleges won\u2019t give up legacy admissions But it\u2019s unclear what that middle ground could be, and if there is any chance of finding it this late in the game. Natasha Warikoo, a sociology professor at Tufts University in Massachusetts who has written several books on race in college admissions, said that lessons can be learned from the eight states that currently ban Gail L. Heriot, a law professor at the University of San Diego 2/27/25, 6:40 Michael Wang, who was a poster child for protesting affirmative action, does not want the Supreme Court to abolish the practice 7/10 affirmative action. Those states often struggle to recruit the same proportions of students from historically marginalized groups, Warikoo said. Instead, those students end up going to \u201clower status\u201d colleges with lower graduation rates, and therefore become less likely to graduate and reap the benefits of a bachelor\u2019s degree. She said it results in fewer Black, Latino and Asian American leaders. \u201cHow can we contribute to the leadership of tomorrow? That leadership has got to be diverse,\u201d Warikoo said during a recent panel discussion on affirmative action. \u201cWe\u2019ve got to get students who are going to go back to their community, contribute to that community and address issues that they can understand.\u201d Bhargava believes race and ethnicity are a central part of many people\u2019s identity that should not be erased during the college admissions process. In many cases, she said, they also profoundly affect housing location, school district, family earning potential and connections to power \u2013 factors that can hold many students back from college success. \u201cAll wanted was an answer. Instead of an answer, all got was 10 years of more questions.\u201d \u201cThe ways in which a lot of our systems are set up, kids who are Black and brown have a bunch of things stacked against them,\u201d she said. Bhargava also worries that, whatever the Supreme Court decides on these cases, the blame will extend beyond Michael Wang to Asian American students all over the country. Wang expects the same thing, which he finds disappointing, but not surprising. If the court rules against raced-based affirmative action, he said he expects to hear, \u201cAsian Americans probably don\u2019t deserve this. Look at what they\u2019ve done.\u201d And if the court upholds affirmative action, he expects to hear, \u201cThere was nothing wrong with this to begin with. What are Asian Americans complaining about? They already get into college.\u201d \u201cThis issue has just become too politicized, and caused so much racial tension think it\u2019s just hard not for it to end up that way,\u201d Wang said. Michael Wang 2/27/25, 6:40 Michael Wang, who was a poster child for protesting affirmative action, does not want the Supreme Court to abolish the practice 8/10 At The Hechinger Report, we publish thoughtful letters from readers that contribute to the ongoing discussion about the education topics we cover. Please read our guidelines for more information. We will not consider letters that do not contain a full name and valid email address. You may submit news tips or ideas here without a full name, but not letters. By submitting your name, you grant us permission to publish it with your letter. We will never publish your email address. You must fill out all fields to submit a letter. Letters are closed \u00a9 2025 The Hechinger Report Though he is wary from the decade-long journey he\u2019s been on with this issue, he said he doesn\u2019t regret it. He would encourage his 17-year-old self to send the emails, he said, and to take all of the same steps, if for no other reason than to help future generations of Asian American students. \u201cAll wanted was an answer,\u201d Wang said of his teenage self. \u201cInstead of an answer, all got was 10 years of more questions.\u201d This story about Michael Wang was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for our higher education newsletter. Our debates about affirmative action in higher education are, more fundamentally, debates about realistic chances to access economic, political, and social resources. People with better credentials, like a degree from a prestigious college, have better chances. These stakes are high, which is why we argue so passionately even as we anxiously await the Supreme Court\u2019s latest decision about affirmative action in higher education. Despite judicial decrees and legal ideals, race continues to be significant. Black students, for example, accrue college-going debt at a greater rate, but acquire degrees at lesser rates than students of other races. Such trends indicate diminished chances for black people and are sufficient to make us suspect systemic causes. However, even if the Supreme Court soon outlaws race-conscious affirmative action in higher education, advancement toward racial equity can be an ironic result. Decision-makers from higher education can present recruitment sessions and even sponsor courses at schools in neighborhoods where they have not gone before. They can further deemphasize national standardized tests while weighing interviews and personal statements more heavily. They can advocate for more equitable public schooling. They cannot, however, simply ignore race. June 4, 2023 at 2:37 am Corey Atkins 2/27/25, 6:40 Michael Wang, who was a poster child for protesting affirmative action, does not want the Supreme Court to abolish the practice 9/10 Powered by Newspack 2/27/25, 6:40 Michael Wang, who was a poster child for protesting affirmative action, does not want the Supreme Court to abolish the practice 10/10", "7883_103.pdf": "Home / 2018 / May / Title Process Causes Student Concern Thursday, February 27, 2025 \uf0c9 The Elm The Student Newspaper of Washington College since 1930 Title Process Causes Student Concern By Brooke Schultz Former Editor-in-Chief Over this past year, several Washington College students have brought forth concerns with the College\u2019s Title process and the effects on students who report sexual violence. The Elm spoke with seven students, who noted a lack of clear communication, lack of consistency in handling cases, and an unduly long process. The Elm does not name victims of sexual harassment, assault, or misconduct. Title governs the process students may go through if they have been sexually assaulted. Following an intital report usually filed by the student, there is an investigation which can be conducted by trained Public Safety staff, Title investigators, the Title coordinator, the assistant Title coordinators, the Section 504 Coordinator, human resources staff, or another trained investigator. After the fact-finding investigation, there is either an Honor Board hearing, or a Discrimination and Dispute Resolution Committee hearing (for instances involving faculty, staff, or administration). Several students said there was poor communication between themselves and Title Coordinator Candace Wannamaker or their assigned investigators. Currently, there are about six trained Title investigators, Wannamaker said in an interview Monday. The administration is looking to train more, as well as continue training for current investigators. One student, who brought her case to Wannamaker in November 2017, said that she felt comfortable with what the process should look like during an initial meeting but, aside from one update in early December, \u201cas my investigation went on, whenever wanted an update had to reach out, they never checked in on me, and that was very frustrating felt almost forgotten.\u201d At one point, out of frustration, she called President Kurt Landgraf and left him a message. The next day, she received an email from Wannamaker. The Elm obtained that email. In a separate interview, another student who was encouraged to come forward by Wannamaker in March 2017 while she was abroad, expressed similar frustrations regarding the lack of communication from the investigator. When the student first came forward, Wannamaker said via email to her that an investigator would be reaching out. After more than a week, the student had not heard from an investigator, so she emailed Wannamaker with her concerns that nothing was being done. Afterward, she was contacted by a different investigator. \u201cIf hadn\u2019t said how angry was, how long would it have taken them to get to me?\u201d she said. In an email obtained by The Elm, in reference to the delay, Wannamaker said, \u201cMy apologies. We were on spring break last week and made the assumption you would be as well.\u201d According to Title law school may need to stop an investigation during school breaks or between school years, although a school should make every effort to try to conduct an investigation during these breaks unless doing so would sacrifice witness availability or otherwise compromise the process.\u201d On Monday, Wannamaker said that \u201cWe don\u2019t ever stop an investigation. We can continue an investigation, unless there\u2019s criminal charges pending. The police will ask us not to investigate until they complete their investigation. If it\u2019s during the summer, we\u2019ll investigate. If it\u2019s during a break, we\u2019ll investigate.\u201d The law continues, \u201cBecause timeframes for investigations vary and a school may need to depart from the timeframes designated in its grievance procedures, both parties should be given periodic status updates throughout the process.\u201d On Nov. 27, 2017, another student came forward to the Department of Public Safety with messages of a sexual nature from Michael Wang, then visiting professor of economics, who was posing as a student named Violet Lau. The student received one message on Dec. 4, 2017 from an officer that stated Wang was no longer working at the College and that if Lau contacted her, she should report it to Public Safety. The student said when she heard students in her classes discussing The Elm\u2019s article \u201cProfessor Violates College Policy,\u201d on Dec. 5, 2017, she was surprised to hear they knew more about cases that mirrored her own was just kind of confused because didn\u2019t understand what the officer told me and how that related to what actually happened,\u201d she said. \u201cThis [The Elmarticle] was the first heard the extent of it, and that was the first heard someone put in concrete terms that yes, it was the professor doing this, running this account. It was upsetting to me. It was just really unexpected guess. To hear about that, in that context, was a complete surprise, and to feel like people knew more information about what had happened than did, it was just confusing, disorienting, and upsetting / May 3, 2018 William Hill 2/27/25, 6:40 Title Process Causes Student Concern \u2013 The Elm 1/3 Another student was assaulted off-campus by a non-student in November 2017. According to Title law, \u201cthe school must still take steps to provide appropriate remedies for the complainant and, where appropriate, the broader school population.\u201d The student first went to Public Safety. That was then reported to Wannamaker was given dozens of booklets and pamphlets about and For All Seasons but no one called me and fell through the cracks, which guess wanted eventually\u2014to have my life go back to normal,\u201d she said. \u201cBut do feel like someone else might be at risk of harming themselves and the school thankfully respected my wishes but feel like a, \u2018Hope you are doing well, we are here if you need us\u2019 email would be appreciated.\u201d By October 2017, she decided to pull out of the process. In a checklist given to students who make a report, Wannamaker said Monday an \u201cagreement about ongoing communication\u201d portion was added at the beginning of this academic year to better understand students\u2019 expectations about contact. Of the women The Elm spoke to, several said they received different resources or said that the resources available to them were not adequately explained. The first student said that she received a booklet about sexual assault and a checklist, which she went through with Wannamaker and signed. The checklist specifies things such as booklet received, advocate availability, confidential resource availability and explanation about our [the College\u2019s] obligation to respond, explanation of campus judicial process, explanation of option to contact police, explanation of investigation, written statement if they [the student] choose, reminder to have no contact with respondent, agreement about ongoing communication, can change their mind about participation,\u201d and more. Each box was checked. The student indicated that, for the \u201cno contact with respondent\u201d slot, she would prefer \u201cno direct engagement\u201d and \u201cseparate sections at dinner.\u201d The alleged perpetrator continued to sit nearby to the student in the dining hall, so she contacted Carolyn Burton, director of Human Resources and one of her investigators, to let her know. The Elm obtained those messages. The student said that when a friend approached the alleged perpetrator, he didn\u2019t know to what they were referring. \u201cIn verifying with Candace Wannamaker, who did the initial meetings with both you and [name redacted], there were stipulations put on classroom and [club redacted] interactions, but not on the dining hall know that you want that space in the dining hall to be your space; however, that was not part of the restrictions that were put into place. It seems clear that [he] knows you do not want to eat near him would hope he might change his dining location on his own. \u2026 Please let me know if he has changed his location on his own,\u201d Burton responded. The student sent a photo of the checklist which listed it as a restriction. The Elm obtained a copy of the checklist. Wannamaker responded that \u201cthese requests were made as an interim measure. Our intake form is not an agreement per se, but more like a guide to make certain we are covering all areas with you.\u201d The student who was abroad during her investigation was sent a checklist, but was never given a sexual assault advocate, other than a number listed on a checklist didn\u2019t even know what it was until a week before my hearing with the Honor Board,\u201d she said. When the student asked to speak with Counseling Services remotely, she was put in touch with Dr. Miranda Altman, director of Counseling Services. The two tried to set up a time to correspond via email, as per the student\u2019s request. The Elm obtained those messages. When the student was unable to make the arranged time, she notified Dr. Altman and asked to set up another time. Dr. Altman never responded, according to the student. Other things, such as an explanation of the investigation and an explanation of the judicial process, were never explained to her, she said. Wannamaker also sent along the booklet, which the student said was \u201cuseless,\u201d as it was difficult to understand while abroad had no idea about timeline either had no idea what to use this for,\u201d she said didn\u2019t know if this was going to be over in a week, a month, a year had no idea to which the pace of these things move.\u201d In total, from the first email on March 6, 2017, the student\u2019s case took until Aug. 24, 2017 to be completed. Earlier this week, Wannamaker said that it varies for how long a case may take. \u201cIt depends on the case,\u201d she said. \u201cTypically, our policy is\u2026start to finish [for the investigation], 60 days. Most times we finish before that. Sometimes we don\u2019t. If we don\u2019t, our policy states we\u2019ll check in at least every 15 days and let the parties know what\u2019s going on.\u201d To get to a hearing, Wannamaker said, that also depends. \u201cWe try to have a hearing within another week or two. Again, just depending on the faculty who are available to sit on those Title hearings,\u201d she said. \u201cIt depends on the case. It could take anywhere from two weeks to six months.\u201d During the seven months, the alleged perpetrator graduated, despite the fact Wannamaker stated in an email obtained by The Elm that they would have a hearing before he graduated. In an interview with The Elm Monday, Wannamaker said, \u201cIf there\u2019s an ongoing investigation, we will not allow a student to participate in graduation until the hearing has occurred.\u201d She said that in her time as Title coordinator at the College, there has not been a situation in which the alleged perpetrator has graduated while under investigation. 2/27/25, 6:40 Title Process Causes Student Concern \u2013 The Elm 2/3 Because the perpetrator graduated, the student who filed the complaint was told that the College needed to check with peer institutions and legal counsel to see what they were able to do. In August, they had a hearing, wherein he was found not responsible. The student said she took the opportunity during her opening statement to talk about the distress the process caused her. \u201cWhen came forward wanted him to not do this to other girls and that\u2019s not a possibility anymore because he\u2019s not here anymore,\u201d she said don\u2019t care what you do to him, but now have to make sure you don\u2019t do this to other people. You have to know what went through, you have to know what this experience was for me so you don\u2019t f*** up again. And then they did.\u201d In an email containing the results of the hearing, Ursula Herz, associate dean of students and director of Residence Life, said, \u201cDean Wannamaker and had a very long conversation until late last night about how to incorporate the feedback we received and how we can create a more responsive and sensitive process. It was the first conversation of many to come.\u201d The student said the whole process was extremely isolating know for a fact it severely damaged my friendship with a lot of people,\u201d she said was super uninformed which gave me a lot of anxiety because my reputation was changing and didn\u2019t know how.\u201d For the student contacted by Wang, she said that, while she knows that the administration can\u2019t always prevent instances like these from happening, the whole experience made her feel frustrated about the administration\u2019s response, and the lack of proactive behavior addressing sexual harassment. \u201cIt felt very much like it was downplaying the significance of sexual harassment and downplaying the emotional and potential safety risks to students on campus,\u201d she said. \u201cHaving the resources for students to address sexual harassment is so important to having a positive learning environment, to having a positive living environment, and to make sure students are safe would hope that that would be a priority.\u201d Landgraf has had a series a meetings with several students about the Title process, who told him they had waited to come forward and report their cases because of what they had heard about the process have said to them\u2026sexual harassment of any kind will not be tolerated on this campus, period. Student-to-student, faculty-to-student\u2014it will not be tolerated,\u201d he said in an interview with The Elm Monday. \u201cWe will take whatever steps are necessary to ensure people understand want this to be a safe environment know there are students who are unhappy with the process. The worst thing for me is if a student is unhappy and don\u2019t know about it\u2026. [The process] is being presented to someone who has never been through the situation before and they don\u2019t know what they don\u2019t know. Once they figure something out, and it doesn\u2019t feel good, I\u2019d love to know about it. It\u2019s my responsibility to make sure that the process is good,\u201d said Wannamaker. Tags: , , , candace wannamaker Public Safety title ix washington college 2/27/25, 6:40 Title Process Causes Student Concern \u2013 The Elm 3/3", "7883_104.pdf": "Home / 2017 / December / Professor Violates College Policy Thursday, February 27, 2025 \uf0c9 The Elm The Student Newspaper of Washington College since 1930 Professor Violates College Policy By Brooke Schultz Editor-in-Chief Wednesday, Dec. 6\u2014\u2014\u2014- The Elm received the following comment from Dr. Wang late Tuesday, Dec. 5: \u201cMay just say that am extremely remorseful about any inappropriate actions. Although it was never my intention to harm anyone should have known better not to violate the college policy have addressed all the mistakes and this was an important lesson that will never forget for the rest of my life. To this end deeply apologize to those being affected.\u201d \u2014\u2014\u2014\u2013The original story, which will appear in print, appears below visiting professor of economics is no longer teaching at Washington College after allegedly sending several female students inappropriate messages and misrepresenting himself via Facebook, which is in violation of Washington College\u2019s social media policy. The Elm does not name victims of sexual assault, harassment, or misconduct. Dr. Michael Wang, who was hired to teach three courses vacated by Dr. Andy Helms, was relieved of his teaching duties on Thursday, Nov. 30 after two students filed a report together with the Department of Public Safety on Monday, Nov. 27. An investigation was launched immediately, said Candace Wannamaker, Title coordinator. Due to the fact he was a faculty member and it was a Title inquiry, she and Carolyn Burton, assistant Title coordinator and director of Human Resources, met and continued the investigation. Dr. Wang was asked to leave campus Wednesday and it was determined he would no longer continue teaching Thursday, Wannamaker said. The economics department was notified that same day to cover Dr. Wang\u2019s three courses. Different department members took over teaching responsibilities on Friday. Dean and Provost Patrice DiQuinzio confirmed that Dr. Wang was no longer teaching at the College and that other professors had stepped in to fill the classes. The Elm reached out to Dr. Wang for comment, but by press time Monday, he did not respond. According to Burton, as with most faculty members, the hiring department reviews the applicants. The applicant completes an interview and the College completes reference checks and a background check. Burton confirmed that Dr. Wang had cleared the reference check and background check campus-wide email was not sent out for two reasons, Wannamaker said. \u201cAll of the communication was done via email. Had this been an actual, physical assault, it would have been a campus-wide email,\u201d she said. Wannamaker said while his actions were not illegal, it did violate policy. \u201cIt was not conduct becoming of a faculty member,\u201d she said. In the College\u2019s social media policy, the guidelines state that individuals must \u201cbe transparent about your role at WC.\u201d It has been confirmed to The Elm that Dr. Wang allegedly posed as \u201cViolet Lau\u201d on Facebook and friended more than 200 people associated with WC, according to an analysis of Lau\u2019s profile. Using Lau\u2019s profile, Dr. Wang reached out to at least seven students. The Elm obtained screenshots of those messages. Acting as Lau, Dr. Wang messaged students in the period between September and November. In all of the messages given to The Elm, Lau would say she wasn\u2019t sure how she had become friends with the student through Facebook before asking them basic questions about themselves. One student said that she was messaged throughout the course of one to two days. She said she is particularly careful when it came to accepting friends she doesn\u2019t know, but when she saw that she and Lau had nearly 60 friends in common from the College, she accepted. Dr. Wang, posing as Lau, started by asking what year the student was, what she was majoring in, and where she was from. \u201cIt seem[ed] so normal [was] not even questioning it,\u201d she said / December 5, 2017 William Hill 2/27/25, 6:40 Professor Violates College Policy \u2013 The Elm 1/2 The conversation led to an invitation to get coffee, and the student said it was \u201cstill, normal to me.\u201d After some more back and forth, it became evident that Lau knew more about the student and one of her economics courses than she volunteered, such as the day, time, and professor like to think of myself as a very smart person,\u201d she said. \u201cIf it was a boy totally wouldn\u2019t have answered it. Because it was a girl and [member of] the community\u2014we\u2019re so small\u2026It\u2019s not something expected.\u201d The messages to other students follow a similar pattern, but others escalated to a sexual nature. Another student spoke with Dr. Wang, posing as Lau, for weeks. Lau told the student she wanted to be a porn star and asked the student about her sexual habits. She sent the student several photos that had allegedly been published in a Japanese adult magazine. Lau began referring to the student as \u201csister\u201d or \u201csis.\u201d After speaking to Lau for a while, it was suggested that the student reach out to her brother, whom Lau identified as Dr. Wang. Dr. Wang began messaging the student as himself, while also messaging the student as Lau. The student said she became suspicious and thought she was being catfished\u2014lured into a relationship through a fictitious profile. She Googled all of Lau\u2019s photographs on her profile and began messaging Lau for her Snapchat or to set up time to FaceTime, the student said. Lau refused each request. Eventually, Lau asked if the student doubted her authenticity and stopped talking to the student. In one case, on Nov. 5, Dr. Wang, using his own profile, reached out to a student. When he told her he was a professor, she stopped responding. \u201cThe students who brought forward these concerns did exactly the right thing,\u201d Dr. DiQuinzio said. \u201cProviding a safe learning environment in which all students are treated with respect is our top priority, so if students feel that an interaction with a professor or staff member does not meet that standard they should report it.\u201d Another student told The Elm the situation made her feel disgusted and violated feel sick thinking about it,\u201d she said. \u201cAnd I\u2019m tired. I\u2019m tired of men in positions of authority preying on young women. I\u2019m tired of having to be on guard all the time. I\u2019m tired of being a sex object and a fantasy for any man who decides to focus on me, and I\u2019m tired of not being a person.\u201d Students are encouraged by the administration to reach out to Counseling Services at 410-778-7261 or Dr. Miranda Altman at [email protected]. Students who would like to report similar incidents, or any incident of sexually harassment or assault, should contact Public Safety at 410-778-7810 or visit their office in the basement of Wicomico. Molly Igoe and Abby Wargo, news editors, and Caroline Harvey, copy editor, contributed research and reporting. Tags: , , , sexual harrassment the elm Violet lau washington college 2/27/25, 6:40 Professor Violates College Policy \u2013 The Elm 2/2"} |
7,205 | Leon Howard | Alabama State University | [
"7205_101.pdf",
"7205_102.pdf",
"7205_103.pdf"
] | {"7205_101.pdf": "Catalog 2015-2017 2015-2017 Montgomery, Alabama An Equal Educational Opportunity Institution and an Equal Opportunity Employer Published by Alabama State University, 915 S. Jackson St., Montgomery 36101-0271. ii ii ................................................................................ ii ................................................................. iii ............................................................................ iv ...................................................................... v-vi ...................................................................... 1 ......................................................... 18 ...................................................................................... 34 ............................................. 58 ............................................................. 70 ..................................................................... 73 ................................................................ 78 SCIENCES............... ..108 and ....... 138 ARTS.......................... .159 .................................. 183 ................................................. .210 ............................................. .223 ......................................... .227 ........................................................ .234 TERMS.................................................................. .326 ii Alabama State University (ASU) is an equal opportunity employer and as such does not discriminate on the basis of race, ethnicity, national origin, age, sex, creed or color in any of its programs including, but not limited to, admission of students or employment. The university complies with Titles and of the Civil Rights Act of 1964 and Title of the Education Amendments of 1972 as amended. Information regarding Titles and may be obtained from the director of personnel services at (334) 229-4267 and from the Vice President for Student Affairs at (334) 229-4241. Alabama State University maintains, collects and compiles a system of information on its students in order to enhance university efficiency. However, the university fully complies with the Buckley Amendment of the Family Educational Rights and Privacy Act of 1974. Each student may, at any time, exercise his or her rights to inspect and review any and all official records, files and data directly related to him or her by initiating a request in writing with the custodian of the records desired. Disclosure of a student\u2019s Social Security number is voluntary and not mandatory except in cases of employment dictated under Alabama Code [CAD147][CAD147]509 (116)509(128C). When provided, Social Security numbers will be used to facilitate identification, particularly in cases where marriages and same surnames are involved. Students are issued identification numbers. Detailed information on university policy explaining access to and release of student records is included in the student handbook. An inventory of those records is maintained by offices in Montgomery; their location and cognizant officer are available in the Office of Student Affairs,108 McGehee Hall. Alabama State University is firmly committed to the principle of providing equal educational employment opportunities for individuals with disabilities in compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Our policies, programs and activities are designed to ensure that all facilities are made available to students and employees with disabilities in the most appropriate integrated setting. We are further committed to the identification and removal of any and all existing barriers that prevent disabled students and employees from enjoying any rights and privileges, advantages or opportunities enjoyed by non- handicapped persons. Questions that may arise regarding university compliance and/or requests for reasonable accommodations should be directed to the Personnel Office, Alabama State University, Montgomery 36101-0271. iii The first few weeks of your university experience may well be the most confusing and hectic. You\u2019ll just begin learning your way around campus, choosing a course of study, paying expenses and making many important decisions. The Alabama State University General Undergraduate Catalog will be one of the most important problem solvers that you\u2019ll have; therefore, you should know how to use it effectively. You\u2019ll find the catalog an important tool in answering some of your immediate questions, and you\u2019ll also refer to it many times in the next few years for answers to questions concerning degree requirements. First, you should thoroughly familiarize yourself with the section titled \u201cGeneral Information\u2019\u2019 before you do anything else. This section gives an overview of the university and answers many questions concerning the university. It tells about its history, accreditation, colleges and schools, academic and degree offerings, facilities and other topics you should know. The next section will tell you about fees and expenses and what Alabama State University can do to help you meet the cost of your attendance. Following this is a section which tells you how to obtain admission and to get registered for classes. For information about life at Alabama State you should read the section on \u201cStudent Services and Activities.\u201d Here, you will find answers about what the university does and what things you can do. The other sections tell about academic regulations and the degree programs of the colleges and schools. For a description of any course, see the section on \u201cCourses of Instruction.\u201d Your primary guide to this catalog is the Contents. For anything you can\u2019t find in the Contents, look in the Index. The Index provides a more specific guide to this catalog. For terms you do not understand, see the Glossary of Terms at the back of this catalog. iv January 31* Governor Robert Bentley, Montgomery Ex Officio President Locy Baker, Abbeville Second 2023 Chair Alfreda Green, Huntsville State-At-Large 2020 Vice Chair Fifth Gwendolyn E. Boyd, Montgomery Secretary Robert Gilpin, Montgomery Second 2020 Taylor Hodge, Mobile First 2017 Darrell Hudson, Birmingham State-At-Large 2026 Sixth Bobby Junkins, Rainbow City Fourth 2023 Angela McKenzie, Sylacauga State-At-Large 2026 Third James McNeil, Alexandria Nation-At-Large 2021 Kimberly Rucker, Huntsville Fifth 2020 Ralph Ruggs, Bessemer Seventh 2017 Pamela Ware, Pike Road State-At-Large 2023 Second Howard Watkins, Clinton Nation-At-Large 2020 Joe Whitt, Sr., Auburn Third 2026 Herbert Young, Hoover Sixth 2017 v Dr. Gwendolyn Elizabeth Boyd returned on February 1, 2014, to Alabama State University - her alma mater - as its new President, after an extraordinary career of leadership and public service that has spanned more than three decades in the Washington, D.C. Metropolitan area Montgomery, Ala., native, Boyd earned her undergraduate degree from Alabama State University (ASU), with a major in mathematics and a double minor in physics and music. Upon graduation, Boyd received a fellowship to pursue graduate work at Yale University, where she was the first African-American female to earn a Master of Science degree in Mechanical Engineering from this Ivy League institution. She also has earned both the Master of Divinity and the Doctor of Ministry degrees from Howard University. Boyd\u2019s relationship with actually began when she was a child, living just a few blocks away from the University. Despite her humble beginnings, Boyd excelled early and consistently as a student. Her life as a trailblazer began when, as a teenager, she was one of five black students chosen to integrate Montgomery\u2019s Baldwin Junior High School. Continuing as a pioneer, she helped to establish an interracial council while at Jefferson Davis High School, was a member of the National Honor Society, performed in the school choir and graduated as valedictorian of her class in 1973. Boyd came to on an academic scholarship, and in her words, the University \u201cembraced me, invested in me and changed my life inexorably.\u201d As a college student, her academic and leadership skills were evident, as she was inducted into Alpha Kappa Mu National Honor Society, Beta Kappa Chi Education Honor Society and Pi Mu Epsilon Mathematics Honor Society; pledged Delta Sigma Theta Sorority Inc. and was the Beta Eta Chapter president on campus; was a member of and traveled with the Young Hearts gospel singers; was elected Miss Alabama State University (1976-77) and graduated summa cum laude in 1977. Boyd\u2019s professional career at the Johns Hopkins University Applied Physics Laboratory (APL) was highlighted by exemplary leadership and dedicated service. Early in her career, she was an analyst in the Strategic Systems Department, where she was part of engineering teams that conducted independent analyses and operational performance evaluations of Strategic Weapons Systems on Polaris, Poseidon and Trident submarines. In 1999, she became the Assistant for Development Programs and was later named Executive Assistant to the Chief of Staff at APL. In 1997, Boyd was selected to serve on the Johns Hopkins Diversity Leadership Council, and served as chair from 2001-2014, reporting directly to the President of Johns Hopkins University as the council worked on issues of diversity, inclusion, civility and respect across the various divisions of Johns Hopkins nationally recognized champion of education, Boyd has spearheaded efforts across the nation and in other countries to help broaden the scope of educational offerings, especially as it relates to (science, technology, engineering and math) disciplines. vi Because of her efforts in advancing education, Boyd was nominated by President Barack Obama and received U.S. Senate confirmation to serve as a trustee to the Barry M. Goldwater Scholarship and Excellence in Education Foundation in 2009. President Barack Obama has appointed Boyd to the President\u2019s Advisory Commission on Educational Excellence for African-Americans. This Commission is charged with strengthening the nation by improving educational outcomes for African-Americans and to ensure that all African-Americans receive an education that prepares them for college, productive careers, and satisfying lives. Boyd also is a minister and an ordained itinerant elder in the Church. While in Maryland, she served on the ministerial staff of Ebenezer Church in Fort Washington, Md. In 2000, Boyd was elected to serve as the 22nd National President of Delta Sigma Theta Sorority Inc., an international organization of more than 250,000 members. Known as the \u201cTechnology President,\u201d Boyd helped to establish technology in all facets of the sorority\u2019s activities and administration. Her four-year tenure as president included a number of transformative accomplishments, including the launching of Project (Science in Everyday Experiences), an initiative funded by a $1.6 million National Science Foundation grant with a goal of promoting math and science for middle school African-American girls. She also led the sorority\u2019s humanitarian and education advocacy efforts in various parts of Africa, including Swaziland, Lesotho and Soweto, South Africa. Boyd is a lifelong community servant, having served on boards of local, national and international organizations, including the Links, Incorporated; Children\u2019s National Health Center in Washington, D.C.; the National Partnership for Community Leadership; the United Way; and the Federal Credit Union. Her many accomplishments include serving as the 22nd National President of Delta Sigma Theta Sorority Inc. and as the chairperson of the sorority\u2019s Centennial Celebration in 2013. Boyd\u2019s remarkable list of achievements includes two honorary doctorates, Congressional recognitions, 28 keys to various cities throughout the country, declarations of Gwendolyn E. Boyd Day in eight cities, civic citations, and various leadership and volunteer awards, as well as professional awards for her achievements in the fields of engineering and higher education. Her recent recognitions including being named one of the \u201cMost Interesting College Presidents in America, being voted one of the \u201cWomen Who Shape the State of Alabama\u201d and being selected to membership in the prestigious 2015 class of Leadership Alabama. 1 ASU! As a student at ASU, you become part of a select group invited to make this university home for a lifetime\u2014wherever you go and whatever you become, your touchstone can be ASU. You will have opportunities to transform these special years of university experience into steppingstones to the future. You are invited to dream, to see the future\u2019s open door, and to begin the journey. You can take pride in your and you can add to its legacy. Define your vision and start your journey today. The Legacy\u2014Perseverance, Progress and Promise ASU\u2019s 148-year history is a legacy of perseverance, progress and promise. The movement began with the impetus to establish a school for black Alabamians. The Civil War resulted not only in the end of slavery but also in the opportunity for blacks to have the right to education. With the Northern victory, black Southerners with the assistance of Northern white missionaries and the leaders of African-American churches set out to establish educational institutions for the freedmen was born in that movement. Blacks in the Black Belt of Alabama, the heart of the Confederacy, founded Lincoln Normal School at Marion in 1867. As a descendant of that school is one of the oldest institutions of higher education founded for black Americans. The men who comprised the Board of Trustees were Joey Pinch, Thomas Speed, Nickolas Dale, James Childs, Thomas Lee, John Freeman, Nathan Levert, David Harris, and Alexander H. Curtis. Under the leadership of this group, the blacks of Marion raised $500 and purchased a suitable building site on which a school building was constructed. Until the new school was built, the American Missionary Association leased a building and operated and financed the school. In 1869, the AMA, with the support of $2,800 from the Freedmen\u2019s Bureau of the federal government and support from the \u201ccolored people of Alabama,\u201d raised $4,200 to construct a new building. In 1870, while the provided the teachers, the Legislature appropriated $486 for the school\u2019s use. The state\u2019s support rose to $1,250 the next year. In 1871, Peyton Finley petitioned the Legislature to establish a \u201cuniversity for colored people,\u201d but his request was denied. He persisted and in 1873 the Alabama Legislature established a \u201cState Normal School and University for the Education of Colored Teachers and Students.\u201d That act included the provision that Lincoln School\u2019s assets would become part of the new school. The trustees agreed, and in 1874 the first president George N. Card led the effort in re- organizing Lincoln Normal School in Marion as America\u2019s first state-supported liberal arts educational institution for blacks. Black leaders continued to press for a more prominently supported school for black youths. In 1887 the State of Alabama authorized the establishment of the Alabama Colored People\u2019s University. The land and building allocations were put with pledges of $5,000 from black 2 citizens who wanted the university in Montgomery. Thus, the university offered its first class in Montgomery in 1887. Although university president William Paterson and others had overcome initial opposition to locating the school in Montgomery, opponents of state support of education for blacks remained hostile to the new university. Such opponents filed suit in state court and won a ruling in 1887 from the Alabama Supreme Court that declared unconstitutional certain sections of the legislation that established the university for African-Americans. Thus, the school operated for two years solely on tuition fees, voluntary service and donations until, by act of the Legislature in 1889, the state resumed its support. The new law changed the name of the school from university to Normal School for Colored Students, thus skirting the Supreme Court\u2019s finding and re- established the $7,500 state appropriation. Despite having to face tremendous obstacles, the family continued to make significant contributions to the history of the state and nation, especially with the involvement of students and employees in the Civil Rights Movement. The Montgomery Bus Boycott, the first direct action campaign of the modern Civil Rights Movement, awakened a new consciousness within the university and the community responded to the call for participants. Even though officials, in a state committed to segregation, retaliated against the school with a decrease in funding continued to persevere and flourish so that today it is a model of diversity and equal opportunity for all. At the same time is a beacon in the legacy of black leadership and the preservation and celebration of African-American culture. 148 Years of Leadership is a direct descendant of Lincoln Normal School at Marion, established in Perry County, Ala., in 1867. Although many people worked to establish Lincoln Normal School, Peyton Finley\u2014the first elected black member of the State Board of Education\u2014contributed most in the early years to make the institution permanent. Through his efforts and with the assistance of the institution\u2019s first president George N. Card, the school became a state-supported educational institution in 1874. In 1887 the Legislature authorized the establishment of a university, allocated $10,000 for a land purchase and building construction, and set aside $7,500 annually for operating expenses. Montgomery citizens pledged $5,000 in cash and land and donated the use of some temporary buildings. Under the leadership of President William Paterson, the university opened in Montgomery at Beulah Baptist Church with a faculty of nine members. Eight months after the enabling legislation, the university taught its first class on October 3, 1887. 1889 was a pivotal year in the university\u2019s development when $3,000 pledged to the state was given to authorities along with land for development of a permanent campus at the university\u2019s current location between Decatur and Hall streets. The university erected Tullibody Hall the next year as its first permanent building. That building burned in 1904 and was rebuilt in 1906 as the university\u2019s first brick structure, which also was named Tullibody Hall. Paterson, who had guided the university through the early years, and who is generally considered the founder because of his 37 years of service, died in 1915. During the following decade, presidents John William Beverly and George Washington Trenholm organized the 3 institution as a four-year teacher training high school and added a junior college department. In the early 1920s the university began operating on the four-quarter system and added the departments of home economics and commerce. This decade of growth and change also saw the purchase of additional land, including an 80-acre farm which constitutes the bulk of the university\u2019s current holdings. The state also appropriated $50,000 for the construction of dormitories and dining facilities. In 1925 G. W. Trenholm died and was succeeded by his 25-year-old son, Harper Councill Trenholm, who served as president for 37 years. He oversaw the change from a junior college to a full four-year institution, a process completed in 1928 which enabled the college to confer its first baccalaureate degree in teacher education in 1931. In 1940 Trenholm initiated a graduate degree program, and State Teachers College awarded its first master\u2019s degree in 1943. The school also established branch campuses in Mobile and Birmingham. Trenholm was eager for the institution to develop and gain recognition. Thus, he worked to improve the physical facilities in concert with advances in the quality of academic programs. During the economic expansion that followed the end of the Great Depression, the university constructed eight permanent brick buildings, a swimming pool, and a stadium. To reflect changes in its programs, the Legislature authorized the institution to change its name to State Teachers College in 1929, Alabama State College for Negroes in 1948, and Alabama State College in 1954. In 1935 the Southern Association of Colleges and Schools accredited the college\u2019s programs. In 1962, after Trenholm\u2019s illness, an interim president, Levi Watkins, became president. In 1969, the State Board of Education, then the governing board of the college, approved a name change and the institution became Alabama State University. During these years, the university began a path of steady growth and development in its current role as a comprehensive university. In 1975, the Legislature established an independent board of trustees for the university. In 1981, Robert Lee Randolph was appointed president, a position he held until 1983. During his tenure, Title received its largest federal government funding was planned, construction began on the Tullibody Fine Arts Center, and the University Apartments were constructed. After serving 10 months as interim president, Leon Howard was appointed president in 1984, holding the position he until 1991. During his presidency saw dramatic increases in student enrollment, an aggressive student retention program was started, and the social work program received national accreditation. The largest capital campaign, the Endowment for Excellence, raised $1.5 million. Two new dormitories were completed. C.C. Baker, a 1954 alumnus, served as president from 1991 to 1994. During his tenure, the enrollment reached an all-time high of 5,600 students; programs were reaccredited; athletic programs flourished; the Olean Black Underwood Tennis Center and C. Johnson Dunn Tower were opened in January 1994; and the Acadome was dedicated in 1992. When William H. Harris became president in 1984, his commitment was to transform into a comprehensive regional university through excellence and diversity. Significant investments were made in technology, the student body became more diverse, and community outreach was emphasized through partnerships with K- 12, civic and community organizations. The National Center for the Study of Civil Rights and African-American Culture, Business and Technology Center, and Center for Leadership and Public Policy were established. Degree programs in 4 health information management and occupational therapy and graduate programs in accountancy and physical therapy were created. Improvements in the living and learning environment were made, including renovation to Paterson Hall and the $4.2 million restoration of historic George Lockhart Hall. Dr. Joe A. Lee became president in 2001 and served until 2008. His vision focused on a students-first philosophy, which emphasized development of a comprehensive student retention program, renovation/construction of a student union building, and completion of the John L. Buskey Health Sciences Center. Accreditation for the university and for academic programs was reaffirmed; and educational leadership, policy and law became the first doctoral degree program offered at transitional doctorate in physical therapy was introduced, the university experienced a record enrollment, and the women\u2019s basketball team earned national recognition. In 2008 Dr. William H. Harris returned to as president. His Vision 2020 strategic plan focused on transforming Alabama State University through excellence in teaching, research, service and a diverse population Alabama State University (ASU) will achieve global recognition through excellence in teaching, research and service will advance its current status as a premiere, comprehensive, Level regionally accredited institution, to a Doctoral/Research University (DRU) Carnegie Classification\u2013designated institution. We shall become the destination university for students seeking a holistic educational experience. We will build upon quality scholarship and academic rigor to graduate a diverse corps of lifelong learners who are fully equipped to lead and succeed as citizens of the global workforce Alabama State University is a comprehensive diverse student-centered public committed to global excellence in teaching, research and service. The University fulfills its mission by: \uf0b7 Fostering critical thought \uf0b7 Encouraging artistic creativity \uf0b7 Developing professional competence \uf0b7 Promoting responsible citizenship in its students \uf0b7 Adding to the academic and experiential bodies of knowledge \uf0b7 Enhancing the quality of life through research and discovery \uf0b7 Cultivating global citizenship through thoughtful (meaningful, purposeful conscientious, intentional) and engaging public service offers baccalaureate through doctorate degrees in an expansive array of academic programs. We maintain a scholarly and creative faculty, state-of-the-art facilities, and an atmosphere in which members of the university community live, work and learn in pleasant surroundings offers a bridge to success for those who commit to pursing quintessential educational opportunities and lifelong endeavors As a comprehensive regional institution, Alabama State University provides high-quality undergraduate and graduate instruction, which leads to degrees in liberal arts, the fine arts, 5 business, the sciences, teacher education, selected health-related professions and other professions. The University\u2019s general objective is the preparation of students for an effective and productive role in American society as professionals and as citizens. The university provides learning experiences designed to develop students\u2019 intellectual abilities, as well as their social, moral, cultural and ethical values. In so doing, the university is equipping its students with those skills, insights, attitudes and practical experiences that will enable them to become well-rounded, responsible and discerning citizens, fully qualified for service to humanity in a dynamic global society. The order of priority of the university\u2019s functions is (1) instruction, (2) research and (3) public service. In executing its role, the University will: 1. Subscribe to admission policy that results in the admission of students who have demonstrated that they are capable of succeeding in the university\u2019s degree programs. 2. Achieve successively higher levels of demonstrated excellence in all its educational programs. 3. Practice state-of-the-art pedagogical and general educational principles that will distinguish the university on a national level. 4. Recognize the diversity of its student body, and provide an educational and intellectual environment in which all students may thrive, learn, and develop their highest potential for professional careers and leadership. 5. Honor its origins by including offerings in its curricula that provide a rich understanding of the African-American experience. 6. Place emphasis on the undergraduate preparation of students, and on selected master\u2019s and doctoral program offerings designed for entry into the professional world of work, for future formal study, and for basic and applied research that is useful at the community, national, and international levels. 7. Maintain and strengthen its outreach program by making public policy research findings and recommendations, and relevant continuing education more accessible to the community. 8. Support wide-ranging research and scholarly activities that serve to create and apply new knowledge and theories of human endeavors. 9. Contribute to the cultural life of the community through programs in the visual and performing arts and through public lectures and forums The academic offerings of Alabama State University consist of four-year baccalaureate programs, master\u2019s degree programs, and programs leading to the education specialist degree and doctoral degrees. The freshman student\u2019s enrollment at Alabama State University begins with individualized placement into subject and skills courses in the general studies curriculum based upon the high school record and college entrance examination scores. Various degree majors may require specific and/or additional courses within the general studies curriculum. Freshman students who have selected a major field of study in a specific degree program should thoroughly review the curriculum with their academic advisers immediately in order to develop a plan of study that ensures the most productive academic progression. 6 The transfer student\u2019s enrollment begins with a minimum one (1) semester of enrollment in University College. During this period, the student receives academic advisement, is encourage to interact with the departments through which their intended major is facilitated, and completed orientation to the University. Upon completion requirements to exit University College, the student\u2019s academic records are transferred to the college or school that facilitates the selected major field of study. The graduate student who enrolls in the university may simply take further work in courses of general interest or special professional needs, or he or she may work toward a master\u2019s degree. The student may pursue a second year of graduate study leading to the Alabama Class Teacher Certification or engage in scholarly study and research in preparation for the specialist degree in education is the academic unit for freshman students entering Alabama State University. This academic unit provides a firm foundation for life-long learning during students\u2019 earliest time at the university. Currently, this is achieved through course offerings and through the Department of Advancement Studies\u2019 student support courses and the Orientation Program. Resources and services also include the University College Tutorial Support Learning Centers and the Supplemental Instruction Program. Other exemplary student programs include the W.E.B. Dubois Honors Program and Programs. Additionally, University College is an academic unit which partners with campus academic and student support units to help students have an excellent start aims to improve analytical, communicative, and other skills that serve as the basis for development of the student\u2019s intellectual potential, and to provide a broad liberal education for responsible citizenship, professional career entry and preparation for advanced professional study. The Bachelor of Arts, Bachelor of Science, and Bachelor of Social Work degrees are conferred. Graduate courses are offered for the Master of Arts degree, which is conferred through the Graduate School. The Bachelor of Social Work Education was established in 2009. It is composed of the department of biological sciences, physical sciences, mathematics and computer science and dual-engineering. Students in the college have the opportunity to acquire in-depth knowledge in a specific major discipline and to learn the skills necessary to acquire new knowledge in the chosen major. The college is committed to preparing students for entry into graduate research, professional schools, and the scientific and technical workforce. The college offers programs leading to the degree of Bachelor of Science. It administers programs for the Graduate School leading to the Master of science in mathematics, biology and forensic science and Ph.D. in microbiology offers preparation for prospective teachers, counselors and administrators for primary, elementary and secondary schools. All courses are approved and comply with Alabama certification requirements for teachers. The college offers the following degrees: Bachelor of Science in Education, Master of Education, and the Education Specialist. 7 The College of Education's programs are accredited by several agencies, including the National Council For Accreditation of Teacher Education (NCATE) Jointly with the Alabama State Department of Education (ALSDE), the Council for Accreditation of Counseling & Related Educational Programs offers professional programs in business to students who wish to prepare for careers in commerce, industry and government. The college offers the Bachelor of Science degree in Accounting, Finance, Computer Information Systems, Management, Marketing, and the Master of Accountancy degree. he College of Business Administration is accredited by the Accreditation Council for Business Schools and Programs is an accredited institutional member of the National Association of Schools of Music (NASM), the National Association of Schools of Art and Design (NASAD), and the National Association of Schools of Theater (NAST) The school offers programs for students who desire professional training in music education or broad-based liberal arts training with an emphasis in music. Opportunities also exist for students to enrich their lives through participation in a variety of performing organizations. Programs are offered leading to the Bachelor of Arts degree in music, the Bachelor of Music Education degree, Master of Arts and Master of Music Education degrees offers professional preparation for students who wish to prepare for careers in the healthcare industry. Programs are offered leading to the Undergraduate Certificate in Maternal and Child Health; Bachelor of Science degrees in Health Information Management and Rehabilitation Services with a Concentration in Addiction Studies; Master of Science degrees in Occupational Therapy and Prosthetics and Orthotics; the Master of Rehabilitation Counseling; Graduate Certificates in Disability Studies, Policies, and Services and Rehabilitation Counseling, and the clinical Doctor of Physical Therapy degree. The College's programs are accredited by several programs, including the Accreditation Council for Occupational Therapy Education (ACOTE), the Commission on Accreditation for Health Informatics and Information Management Education (CAHIIM), the Commission on Accreditation in Allied Health Education (CAAHEP) through the National Commission on Orthotics and Prosthetics Education (NCOPE), and the Commission on Accreditation in Physical Therapy Education offers educational experiences which will help develop an appreciation for democracy, prepare students for responsible citizenship, and train students for management and leadership in the U.S. Air Force. Both the two-year program and the four- year program are offered. Students who complete either program may be commissioned as reserve second lieutenants in the U.S. Air Force coordinates degree programs beyond the baccalaureate level. Graduate studies are offered through cooperation with the College of Liberal Arts and Social Sciences, the College of Science, Mathematics and Technology, the College of Business Administration, the College of Health Sciences, t h e College of Visual and Performing Arts and the College of Education. The school offers the Master of Arts, the Master of Science and the Doctor of Philosophy in Microbiology degrees through the College of Science, 8 Mathematics and Technology. The school offers the Master of Education, Master of Science, Education Specialist degrees and the Doctor of Education degree in Educational Leadership, Policy and Law through the College of Education. The school offers the Master of Accountancy degree through the College of Business Administration and Master of Science in Occupational Therapy, Prosthetics and Orthotics and the Master of Rehabilitation Counseling, and the clinical Doctor of Physical Therapy degrees through the College of Health Sciences. All graduate programs are coordinated by the Graduate School The Evening and Weekend Program provides an opportunity to take courses leading to baccalaureate and graduate degrees during the evening hours and on Saturdays. This unit of the university serves as a continuation of regular daytime academic offerings. It further strives to provide more options in bringing minority and adult learners into the university. The Evening and Weekend Program is constantly seeking approaches that will make educational opportunities more accessible to individuals who find the evening and weekend schedule more convenient for their educational needs The Alabama State University campus is located just a short walk from Alabama\u2019s Capitol, the state government complex and downtown Montgomery. This location makes the downtown business district, the Montgomery Civic Center, museums, art galleries, theater, medical centers, the state archives and historical sites readily accessible to students. Across the street from the campus is the beautiful municipal Oak Park, which has one of the few space transit planetariums in the nation. Alabama State University is easily accessible from almost any point near Montgomery The campus buildings are set in a landscape design that rivals the most beautiful urban campuses in the South. All student residence halls and other buildings are air-conditioned. The replacement cost of land, buildings and equipment is estimated at $310,374,915. The following is a listing and brief description of the functions of the major existing campus facilities (1984) is a 52,000-square-foot, two- story brick structure that forms the second phase of the Fine Arts Center. It is a comprehensive facility that houses fine arts classrooms, offices, galleries, studios and laboratories. The Leila M. Barlow Theatre boasts a 300-seat auditorium for drama projects scaled replica of Tullibody Hall is located in the atrium of the facility as a monument to the university\u2019s early history (1974) is a two-story, brick structure with a four-story tower that forms Phase of the Fine Arts Center. With its approximate space of 41,000 square feet, it houses the School of Music, with facilities for band, choir, classrooms, faculty offices, practice rooms, listening library, and a recital hall with seating for approximately 200 persons. 9 (1920) was remodeled in 1985. This one-story, brick structure has more than 8,000 square feet of space. It serves as the headquarters for the Cooperative Education and the campus radio station (1971) is a split- level, multi-purpose learning center for children from preschool through grade three. The 14,000 square-foot center is designed to provide opportunity for observation and laboratory experiences for early childhood and elementary education majors. The facility incorporates a full range of physical learning resources in classroom areas which have second-level observation decks for class viewing or teacher observation. The classrooms center around a common, multipurpose room with terraced seating perimeters. The facility also includes a nursery, kindergarten, art room and open classrooms for first, second and third grades (1970) is a two-story, brick-veneer structure that contains the university president\u2019s residence and facilities to accommodate guests and numerous social functions of the university. This house has a living space of more than 5,000 square feet (1983) are self-contained residence buildings with complete facilities. Four free-standing buildings are interconnected by breeze-ways and sheltered walks. Each building, with 3,872 square feet of living area, contains four separate apartments, which house two residents each. The residences were designed to prepare honor students for life beyond the campus (1978; renovated in 2011) provides library facilities, resources and services to its faculty, students, staff and academic community through a centrally located, newly renovated and enlarged Levi Watkins Learning Center (LWLC), a \u201cCultural Learning Place.\u201d The encompasses more than one hundred fifty thousand square feet of space housing multimedia learning resources to support teaching, research, scholarship and cultural activities at Alabama State University and its global communities. The five-story structure faces the academic mall of the campus and includes the main Library and Learning Resources departments, the Curriculum Materials Center which serves the teacher education program, the Archives and Special Collections, the National Center for the Study of Civil Rights and African- American Culture, and the Media Center connecting wing of the Levi Watkins Learning Center includes the departments of Accounting and Finance, Business Administration and Computer Information Systems, faculty offices, classrooms, support laboratories, and the offices of the Small Business Development Center (1967) is a four-story, brick building consisting of approximately 60,000 square feet of academic space, with laboratory, classroom, and research facilities for biology, chemistry, computer science, physics and general science. Space is also provided for faculty offices and related staff facilities (1956) is an approximately 63,000 square foot, three- story brick structure that houses classrooms, the offices of central administration (the president, academic affairs, fiscal affairs, administrative services, planning and institutional advancement, and personnel services), and the Graduate School. 10 (1928) was renovated in 1997. This three-story brick building is one of the oldest structures on the campus. The more than 57,000 square foot building houses classrooms, faculty offices, academic support laboratories, the offices of the dean of the College of Liberal Arts and Social Sciences, Air Force and the Department of Advancement Studies (1968) is a three-story structure of reinforced concrete and brick. The 41,700-square-foot building houses classrooms, faculty offices, the offices of the Department of Languages and Literatures, the Testing Center, and administrative offices for Student Affairs and services (1962) was named after George N. Card, president of from 1873 to 1878. It is a four-story brick building measuring more than 35,000 square feet, which houses 192 students (2007), is an exciting new place to eat and socialize, and is conveniently located among the academic and residential facilities on campus. The dining hall is a renovation from a previous basketball arena with an expansion that encompasses 39,000 gross square feet with a capacity of 1,200 diners. Through a food court arrangement, the dining hall serves a full range of meals; from salads and sandwiches to full dinners. Private dining rooms are available for faculty and executive use (1992) is an ultramodern, multipurpose facility that serves a variety of functions. The 220,500 square foot structure is the major center for physical education instruction, entertainment activities, conferences, meetings, conventions and cultural events. Housed in the facility are an arena, classrooms, offices for Acadome staff, banquet/reception/conference areas, and offices for faculty and athletics personnel. It is also headquarters for the basketball Hornets and Lady Hornets (1994) is an 11-story, brick and stucco building that provides apartment-type housing for 480 students. The 114,419 square foot building has a large laundry room in the basement and telephone and cable connections in each room (1990) is five-story dormitory that houses 212 students. The 64,500-square-foot building has study rooms and food preparation areas on each floor and a large recreation and social area in the basement (1972) is a five-story dormitory designed for 204 residents. It has more than 44,000 square feet of living space (1928) was renovated from top to bottom in 2008. This 37,640 square foot structure is one of ASU\u2019s most recognized buildings. This three-story campus landmark is reserved for junior and senior female students. Each suite has two bedrooms that is furnished with beds, desks, wardrobes, a couch, television stand and a private bathroom with its own shower. It offers its residents a computer lab, study rooms, laundry facilities on all three floors, a visitors lounge and a meeting room, with all new furniture and finishes. Wireless and hard-wired Internet access is available. It is one of the oldest buildings and one of the most sought-after addresses on campus. 11 (1990) is a five-story dormitory that houses 212 students. This 64,000-square-foot building has study rooms and food preparation areas on each floor and a large recreation and social area in the basement (1966) is a four-and-one-half story brick building providing housing for full-time students, with 101 rooms, lounge, administrative storage and utility areas in a total area of approximately 42,000 square feet separate ground-floor entrance provides access to the health center and the infirmary (1983) are a cluster of four two-story, modem brick buildings that house 64 students. Each building provides a living area of approximately 3,870 square feet (1966) consisting of two, two- story brick-veneer buildings, provide 12 apartments for faculty members (1942) has a football practice field and a track (1939) with extensive renovations completed in January 2002. It is now a 47,553-square-foot brick complex where physical education activities and intramural sports are held. It also houses offices for faculty and staff who manage the activities. The gymnasium includes a 25-meter pool suitable for swimming meets. It contains an elevator and mechanical rooms for its auxiliary systems. Bleachers and a new physical fitness area have also been constructed (1939), a renovated three-story, brick building, houses lecture rooms, classrooms, faculty offices and the university Police Department. Also located in this 24,480-square-foot building are the departments of social work, and sociology and criminal justice (1947) originally opened in 1947, was renovated from top to bottom in 2008. The 40,000 square-foot, 130 bedroom facility features suite-style living accommodations on all three floors. Each suite has two bedrooms, which include beds, study desks, rocking chairs, wardrobes a couch and a television stand. In addition, Abercrombie Hall features laundry facilities and study rooms on each floor, as well as a computer lab and visitors lounge (1947) housed the main University Library, with special laboratories for classes in library education until the spring of 1978. The 33,800-square-foot structure now houses the offices of the dean of University College, the Department of Humanities, the Department of History and Political Science, the Academic Advisement Center and the Thelma M. Glass Auditorium (1994) is a 12-court, lighted complex with tournament capabilities. This facility has a clubhouse which provides office spaces, men\u2019s and women\u2019s dressing rooms with lockers and showers, and a classroom for on-site teaching. 12 is a 26,000-square-foot complex divided into several suites that are used to facilitate academic activities in the department of communications. These facilities are fenced and have adequate parking for employees and visitors (1965) is a T-shaped lawn in the heart of the campus that runs along the perimeter of major academic buildings and the University Center. At the center of the mall stands the Equinox, erected in 1974 as a university centennial project. One of the few pieces of massive outdoor sculpture in Montgomery, it is a tribute to the contributions of African-Americans in our nation\u2019s development (2001) is an 80,000- square- foot, three-story complex houses the Health Sciences programs consisting of Physical Therapy, Occupational Therapy, Health Information Management, Rehabilitation Services, Rehabilitation Counseling, Prosthetics and Orthotics, Maternal and Child Health and the Center to Advance Rehabilitative Health and Education (CARE). The building houses three computer laboratories that complement the needs of the health sciences program. In addition, there is a Gait Analysis Laboratory, a Cardio Pulmonary Laboratory and a Bod Pod Laboratory that support faculty research. Finally, the complex has a state-of-the-art, 209-seat auditorium and lounges for faculty and students (refurbished in 2000) houses the employees and supervisory personnel of the Physical Plant. It is a one-level structure consisting of 18,324 square feet, with office space, meeting rooms, storage, equipment areas, and shops for skills and/or trades, e.g., air conditioning, plumbing, locksmith, electrical, carpentry, etc. It is fenced and has a parking garage for two buses, a gas pump, and adequate parking for work vehicles, employees and visitors ESTATES: The university has acquired property, west of the center of campus, that runs north and south along the west side of Hall Street. The area comprises approximately 55-60 acres (2007) is shared by the Alabama Department of Forensic Sciences and Alabama State University. The building consists of 50,000 square feet. The facility incorporates state-of-the-art forensic science laboratories, a mock court room, instrumentation laboratory and a criminal logistics laboratory for instruction in techniques for examining evidentiary material (2009) is an 85,000 square foot, five-floor facility that includes a 2,000-square-foot teaching seminar room, well-equipped research laboratories, walk-in cold rooms and dark rooms. The building houses the university\u2019s biological science programs, including the new doctoral program in microbiology for the department of biological sciences. It features state-of-the-art molecular biology teaching laboratories and multimedia classrooms furnished with the latest instructional software (2009) is named for alumnus and civil rights icon Ralph David Abernathy, the 134,000-square-foot Ralph David Abernathy Hall is home to the College of Education. The building is the university\u2019s second largest facility and features simulated classrooms, research and development laboratories, a 545-seat auditorium and stately 13 rotunda designated as a \u201cgreat teachers memorial hall.\u201d An outdoor courtyard provides students and faculty with a beautiful space to relax, socialize or study (2011) is 33,165 square feet, costing more than $7 million. This state-of-the-art facility boasts its own 5,000-square-foot weight room, 650- square-foot multipurpose area, 1,575-square-foot team room, 1,870-square-foot locker room, 1,512-square-foot training room and a 1,110-square-foot academic lab. Architectural features include a 1,290-square-foot, two-story atrium and a balcony overlooking the football practice field, smart boards in the team room and energy-saving devices, such as controls (2011) is a $3.9 million baseball complex that has brought baseball back to ASU\u2019s campus for the first time since 1996. It features an intramural soccer/football field, a press box, bathrooms, dugouts, a concession stand, parking, lighting and seating (2012) opened for the Turkey Day Classic in November of 2012. Visible from Interstate-85, the new stadium boasts 26,500 seats, 20 skyboxes, 200 loge seats, 750 club seats, two party terraces and general admission berm seating. The new facility is located adjacent to the north Hall Street entranceway and runs at a slight angle alongside I-85. The main entrance into the stadium faces Hall Street and eventually be linked to a campus-wide pedestrian corridor. This state-of-the-art, on-campus stadium hosts Alabama State football on campus for the first time since 1973. The facility is designed to accommodate other major events such as concerts and festivals as well as smaller events such as receptions and meetings. Retail space, a restaurant and administration offices are some of the amenities that allow this stadium to be used 365 days a year (2011) is located on the east side of the campus, this four-story, contemporary co-ed residence hall provides living spaces for 250 residents. The hall has single and double bedrooms for upper-class male and female students. This building features suite-style accommodations with bathrooms. Additionally, each floor features study rooms and food preparation areas (2011) is also located on the east side of the campus, this four-story, contemporary co-ed residence hall provides living spaces for 250 residents. The hall has single and double bedrooms for upper class male and female students. This building features suite-style accommodations with bathrooms. Additionally, each floor features study rooms and food preparation areas (2012) is a hub for all major student activities. Designed as a one-stop shop for recreation and for transacting important student business, the new 81,000-square-foot facility is sure to make campus life more fun \u2013 and more convenient. Amenities for the new Student Services Center include a food court, movie theater, cyber caf\u00e9 lounge, multipurpose lounge, recreation room, ballroom, locker rooms, bookstore and casual study lounge. For the convenience of students, it houses the admissions office, financial aid office, housing office, student accounts, records and registration, student station, post office, police security station and student life offices. 14 (2012) has allowed softball competition onto the campus for the first time. The complex was named for a celebrated pioneer in women\u2019s athletics. The $1.6 million softball complex was dedicated in April 2012. The complex is a sleek modern facility with more than 200 seats and recessed dugouts Growth in size and facilities is part of the story of any dynamic institution and Alabama State University is no exception. In 1962, the student body numbered about 1,600 and the university\u2019s 52-acre campus encompassed only 12 permanent buildings. Since then, the student population has increased to approximately 5,600. The campus has also grown, covering about 146 acres with 63 permanent buildings. The buildings are set in a landscape design that rivals the most beautiful urban campuses in the South. The replacement value of land, buildings and equipment is estimated at $310,374,915 Reporting to the Office of the Provost, this unit consists of the following offices: (1) Academic Planning and Evaluation, (2) Institutional Research, (3) the Accreditation Office, (4) Testing Center, and (5) the Center for Innovative Educational Practices and Services (CIEPS). The unit provides annual and long-range planning assistance and coordinates the development, administration and evaluation of the university\u2019s planning efforts targeting various constituents. Office of Academic Planning and Evaluation The mission of the Office of Academic Planning and Evaluation is to support strategic and budgetary planning and decision-making through the analysis, presentation, and distribution of relevant and timely information, program analyses, and projections for future trends. The office also provides support in the following areas: research, technical assistance, consultation, training and resources to ensure the continuous improvement of programs and operational processes of all academic and administrative areas within the Division of Academic Affairs. Office of Testing and Psychological Services The Office of Testing and Psychological Services, or the Testing Center, serves the needs of the entire university with respect to standardized test administration, computer-generated test development, and test scoring and reporting. Testing dates for local, state and national examinations are announced at the beginning of each academic year. Students are urged to obtain a schedule from the Testing Center for information concerning tests they may require. Computerized academic evaluation support is provided by the Testing Center to faculty and staff in their efforts to maintain the highest levels of quality and effectiveness in all curricular programs. In addition, the Testing Center provides survey and related assistance in accordance with the university\u2019s planning, management, and evaluation systems. Office of Institutional Research Institutional Research has the primary mission of conducting research within the university to provide information which supports institutional planning, policy formation and decision-making. The unit plays a very important role in the university\u2019s program evaluation and outcomes assessment activities. In this regard, it may conduct surveys of graduates and former students; and it may conduct needs assessment studies designed to guide the development of new programs. This unit works closely with management information systems and academic 15 computing in the design of data files to serve faculty, staff and student information needs. By virtue of its responsibilities for data and information about the university, Institutional Research is assigned responsibilities that need not be considered university research. The following are illustrative. The Office of Institutional Research is responsible for the university\u2019s responses to national statistical surveys, such as the Integrated Postsecondary Education Data System (IPEDS) of the National Center for Education Statistics. Similarly, data forms must also be completed for the Alabama Commission on Higher Education (ACHE). The Office of Institutional Research also provides the continuing point of contact for on matters relating to institutional data. Institutional Research staff may be asked to serve on agency committees where a central concern is institutional data related responsibility assigned to the Office of Institutional Research is that of responding to external and internal questionnaires and other non- routine requests for data or information. Center for Innovative Educational Practices and Services (CIEPS) The Center for Innovative Educational Practices and Services (CIEPS) was developed to serve as a conduit for bridging teaching and learning using contemporary pedagogical approaches. The supports increasing the quality and delivery of academic programs and enhancing student achievement and excellence in teaching at all levels through continuous, high- quality professional development. Another function of the is to align curriculum and assessment practices across colleges toward assuring continuity in aligning program goals and the attainment of education objectives. In short is a comprehensive resource center at Alabama State University for all faculty, students and departments at every stage of development Office of Research and Sponsored Programs Research and Sponsored Programs provides ongoing assistance in raising funds to support university operations in areas wherein state funds are either inadequate or the use of state funds is prohibited. Also, this office renders special activities which reside outside the regular instructional program. The director gathers information on available funding sources, assists interested parties in proposal preparation and serves as a liaison between external agencies. In addition, this office coordinates other grants to ensure compliance with grant regulations once a funded proposal is received by the university. Corporate and Grants Development provides ongoing assistance in raising funds to support university operations in areas wherein state funds are either inadequate or the use of state funds is prohibited. Also, this office renders special activities which reside outside the regular instructional program. The director gathers information on available funding sources, assists interested parties in proposal preparation and serves as a liaison between external agencies. In addition, this office coordinates other grants to ensure compliance with grant regulations once a funded proposal is received by the university. It is also involved in assisting the administration in developing and nurturing an institutional endowment program. Office of Title The Title program provides federal funds to assist the institution in strengthening its physical plant, academic resources and student services as it participates in fulfilling the goal of quality educational opportunities. 16 Office of the Student Ombudsman The Student Ombudsman serves as the chief advocate for students in a confidential environment, supporting their success as they navigate collegiate responsibilities in pursuit of their degrees. The Ombudsman also serves as a facilitator who responds to students' questions, concerns, and challenges. The Office collaborates with students to provide an opportunity for students to explore conflicts, problems and concerns that arise in the course of student life at the University The National Alumni Association of Alabama State University is the organization that includes among its members graduates and former students who have attended the university for at least two full semesters or three quarters. To become active members of the National Alumni Association, eligible alumni join a local alumni chapter by payment of local and national dues as established by the governing bodies and make annual contributions to the university. Associate memberships are granted to spouses of graduates and, to a limited degree, persons who have strong affection for the university and make significant tangible gestures of support. University relations activities are coordinated by the director for alumni relations, annual and planned giving, who serves on the association\u2019s executive board and works closely with the affiliated alumni chapters. These activities include maintaining a computer file of alumni names and addresses, publication of the alumni directory, fund raising, student recruitment, organizing class reunions, promoting major athletic events among alumni and assisting in the preparation of alumni news for university publications. Faculty members are encouraged to strengthen the alumni and students\u2019 allegiance to the university through promotion of the alumni association. Faculty who are alumni of the university can add credibility to alumni activities and best show their support by becoming active members of the alumni association strong alumni association, as an advocate, can do much to strengthen the university and the welfare of its faculty and students The Alabama State University Foundation was chartered under the laws of the state of Alabama on Dec. 27, 1967, as a nonprofit organization incorporated to receive and to hold gifts, grants, bequests, money, property and other things of value for the benefit of the university, its faculty and its students and to give the university such resources for educational and research purposes. Activities of the foundation include loans, grants and matching funds for students; grants and loans for study leaves; salary supplements for \u201cmaster teachers\u201d; financial assistance for research for eligible faculty; and assistance for university development. Contributions to the foundation are exempt from federal income tax, free from state control and do not displace tax funds. The president of the university is liaison officer for the foundation and the only university employee who serves on its board of directors. An administrative officer or member of the faculty may serve on each standing committee of the foundation. 17 The University Women\u2019s Club of Alabama State University, organized in 1970, has as its purpose to promote friendly association among women members of the faculty and wives of university faculty and administrators. In addition to sponsoring social, cultural, recreational and intellectual activities, the club aims to promote service projects for educational and philanthropic purposes and to further other interests of the university. Membership is open to faculty women, women administrators, wives of administrators, wives of faculty members, the wife of the governor, women members and wives of members of the university\u2019s board of trustees, and past presidents of the club. Widows of faculty members, women faculty and administrators who have retired and wives of retired faculty members are also eligible for membership Marketing at encompasses a broad array of services and functional areas, including advertising, brand management, community relations, University hosting through the Golden Ambassadors, market research, marketing databases and university events University Relations serves as a liaison between the internal and external public and the university. University Relations molds public perceptions about the institution and shapes the university\u2019s identity through public relations and integrated marketing and communications efforts. It does this through media relations and news services, photography, publications, sports information and Web management as provided musical, informational and cultural programming since it signed on to the airwaves in June 1984 with its 80,000-watt stereo signal. Today, it offers many avenues for the university to deliver its marketing and communications messages. Not only does the radio station report happenings and help coordinate publicity of those happenings, but it also functions as a source of state, local, national and international news and provides weekly public affairs programs The Center for Leadership and Public Policy works to improve the overall socio- economic status of the citizens of Alabama and its neighbors by promoting greater cooperation and enhancing communications between academia and the community. The Center aggressively seeks opportunities to assist the private sector and government agencies in improving the lives of Alabama\u2019s citizens. In addition, the Center is an affiliate of the Alabama State Data Center and houses both historical and prospective Census information. The program\u2019s purpose is to improve access to and facilitate use of Census Bureau products and services by Alabama\u2019s residents, business people and state and local government agencies and employees. 18 Typical costs for one academic year (two semesters) based on an average undergraduate academic load of 12 semester hours are stated below. In-State In-State In-State Out-of-State Out-of-State On-Campus Off-Campus Living w/Parent On-Campus Off-Campus Tuition/Fees $7,932 $7,932 $7,932 $14,244 $14,244 Loan Fees 46 46 46 46 46 Room/Board 5,366 7,320 2,566 5,366 7,320 Books 1,600 1,600 1,600 1,600 1,600 Travel 1,164 1,792 1,792 1,164 1,792 Miscellaneous 1,380 1,380 1,380 1,380 1,380 $17,488 $20,070 $15,316 $23,800 $26,382 Without Loan Fees $17,442 $20,024 $15,270 $23,754 $26,336 The preceding schedule outlines the costs for students at Alabama State University effective at the time this catalog was printed. It is the responsibility of the student to know the correct amount of tuition and other special fees, including non- Alabama resident surcharges. All fees are due and payable at the time of registration or on the specified payment deadline SCHEDULE. The status of the student on the opening day of the semester for which he or she is registered will determine the correct amount of charges. The following charges apply to all day, evening and weekend students Full-time (Comprehensive) Alabama Non-Alabama Resident **Resident** 12-18 Credit Hours $3,156.00 6,312.00 Over 18 Credit Hours, Per Credit Hour 126.00 252.00 Part-time Per Credit Hour 263.00 526.00 General University Fee: Full-time 6 or more Credit Hours 810.00 810.00 Part-time 19 Less Than 6 Hours 405.00 405.00 Per Credit Hour General University Fee: Full-time 312.00 624.00 6 or more Credit Hours 810.00 810.00 Part-time 1-5 Credit Hours 405.00 405.00 Admission Application (non-refundable) ................................................................ $25.00 Applied Music, per semester ................................................................................... 60.00 Audit Course without credit, per course ................................................................... 50.00 Late Registration: Beginning with the first day of classes ..................................................................... 15.00 Deferred payment \u2013 on authorized Installment Plan* .............................................. 10.00 Change in schedule (per form) .................................................................................. 5.00 Community Services/Continuing Education Noncredit courses ....................................................................................... As advertised Degree Program Application for Graduate School .................................................. 25.00 Graduation Fees (includes cap and gown rental): Bachelor\u2019s Degree ................................................................................................. 100.00 Graduate Degree ................................................................................................... 100.00 In absentia, per degree, additional charge ................................................................ 7.00 Replacement meal card*** ....................................................................................... 25.00 Residual ACT** ........................................................................................................ 35.00 Miller Analogies Test (MAT)**.................................................................................. 70.00 Transcript of record, per copy after first copy ............................................................ 2.00 Replacement card*** ........................................................................................... 25.00 Special course fee (article retained by student) .................................................... at cost Health Service medications ................................................................................... at cost Library fine ............................................................... as assessed or at replacement cost Property damage deposit ....................................................................................... 150.00 Student Teaching Program, per semester ............................................................... 22.50 Cooperative Education Program, per semester ...................................................... 37.50 *Cost subject to change due to change in carrier. **Contact the Testing Center for availability of other tests and associated fees. ***This is one fee (not two (2) different fees for on campus students). Campus Parking Fee: Campus Parking Permit Students (in designated areas) per year ........................................................ $70.00 Faculty/Staff Reserved (in designated areas) per year ................................. 150.00 Faculty/Staff General (in designated areas) per year .................................... 125.00 student who is granted deferment of fee payments must agree at the time of the deferment to waive his or her legal right to privacy should the university find it necessary to enforce collection of the indebtedness. It is the responsibility of the registrar to assess fees at the time of registration. Information given by the student at that time is used in the assessment. The registrar also has the 20 responsibility to certify all persons as having completed registration. Each registration is later audited and appropriate additional charges or refunds will be made. Money orders, cashier\u2019s checks and personal checks should be made payable to UNIVERSITY. Cash remittances will be accepted in the Bursar\u2019s Office. Payment of tuition on or before the beginning date of classes will avoid late payment penalty and enrollment cancellation due to nonpayment. All payments should be for the exact amount of the charges. Students are responsible for payment of any charges incurred. All non-cash payments will be accepted subject to actual collection resident student is a U.S. citizen who meets one of the following criteria: A. Is a full-time permanent employee of the university or is the dependent of such an employee. B. Can verify full-time permanent employment within the state of Alabama or is the dependent of such an employee and said employment will commence within 90 days of registration with the institution. C. Is a member or the dependent of a member of the United States military on full-time active duty stationed in Alabama under orders for duties other than attending school. D. Is employed as a graduate assistant or fellow by the university. E. Is an accredited member of or the dependent of a consular staff assigned to duties in Alabama (U.S. citizenship not required). F. Residence in the state by parents, spouse or others who provide more than 50 percent of the student\u2019s financial support. To be eligible to change residency status, a student must be a citizen of the United States, prove full-time employment within the state of Alabama, provide evidence of having filed an Alabama tax return as a resident of the state of Alabama, provide Alabama driver\u2019s license, and prove continuous residence in the state for a purpose other than attending school. Continuous residence in the state may be substantiated by meeting a combination of three of the following: A. Ownership of residential property and other real property in the state of Alabama. B. Previous periods of residence in the state continuing for one year or more other than a full-time student. C. Voter registration in the state of Alabama for at least one year prior to the initial registration of the student in Alabama at a public institution of higher education. D. Possession of a state or local license to do business or practice a profession in the state of Alabama. E. In-state address shown on selective service registration, automobile title registration, hunting and fishing licenses, insurance policies, stock and bond registrations, last will and testament, annuities, or retirement plans. Burden of proof for changing residency status rests with the student. If you do not understand the form or want assistance in completing it, do not hesitate to contact the Office of Admissions and Recruitment. Decisions regarding change of residency made by the following dates: Aug. 1 - Fall semester, Dec. 1- Spring semester and May 1 - Summer term. Students who 21 wish to change their residency status must submit all required materials to the Office of Admissions and Recruitment 10 days prior to the dates listed. **The university is not responsible for past out-of-state fee charges All charges (room, board, tuition and fees) are payable in full upon registration. The following kinds of funds may be used for payment: 1. Students are authorized to complete payments of tuition to the university using either their own personal funds, financial aid funds or both. 2. Personal funds may be paid to the university in the form of cash, personal checks, cashier\u2019s checks, certified checks, money orders, Western Union Quick Collect or any credit card recognized by the university service charge of $30.00 will be assessed for returned checks. All payments may be made at the cashier\u2019s window located in Student Center. All payments made through the U.S. Postal Service or any parcel service should be addressed as follows: Office of the Comptroller Alabama State University P.O. Box 271 Montgomery 36101-0271 3. Financial aid funds may be paid to the university from one or more financial aid programs. These include, but are not limited to, loan programs (Federal Perkins Loan, Federal Stafford Loan, Federal Loan), grant programs (Federal Pell Grant, Federal Supplemental Educational Opportunity Grant, Alabama State Assistance Grant), work program (Federal Work-Study Program), scholarship programs and benefit programs available from the Veterans Administration for the dependents of deceased or disabled veterans. 4. If the fee assessment form reads STUDENT,\u201d no payment is due at this time. 5. If the fee assessment form reads STUDENT,\u201d the student must have his/her schedule \u201cVALIDATED\u201d by the Office of Student Accounts in the Student Services Center. Any exception to full payment upon registration must be secured through the Office of Student Accounts in the form of a promissory note. The promissory note cannot be used to pay more than 40 percent of a current term\u2019s total bill (including room and board as well as tuition and fees). Promissory notes must be paid in full by the end of the fourth week of classes, regardless of the date of issuance. Students who fail to redeem (pay) their promissory notes by the fourth week of classes will be administratively withdrawn (disenrolled) from the university during the fifth week. Reinstatement is prohibited unless disenrollment occurred as the result of an administrative error. Students are not permitted to remain in class(es) or to continue credit-generating work after their registration has been cancelled. Dis-enrolled students are ineligible to live in the residence halls. In case of default, and your account is submitted to a collection agency for collection the student 22 is responsible for the full balance due plus all legal fees and collection costs associated with the collection of this debt For those students who withdraw from school or who are withdrawn by the university, charges and refunds of tuition are governed by the following policy: 1. In the event of death, involuntary call to active military duty or a situation in which the university is in error, no charges will be assessed/refund of full tuition will be granted. 2. In all cases of withdrawal or enrollment cancellation from the university, students will be charged/have tuition refunded according to the following schedule: a. Cancellation/withdrawal before classes begin; no tuition will be charged/full refund; b. Cancellation/withdrawal during the second week of classes; 20 percent will be charged/80 percent refund; c. Cancellation/withdrawal during the third week of classes; 40 percent will be charged/60 percent refund; d. Cancellation/withdrawal during the fourth or fifth week of classes; 60 percent will be charged/40 percent refund; e. Cancellation/withdrawal during or after sixth week of classes; 100 percent will be charged/no refund. Please refer to the current term\u2019s academic calendar for corresponding dates for each percentage withdrawal. Refunds will be mailed as soon as possible. Refund checks are subject to deduction for any amount owed to Alabama State University by the student. No refunds are made for special fees except for the excess load fee, audit fee, and the off- campus credit fee. Students suspended for disciplinary reasons are not eligible for refunds or cancellation of amount due The following refund policies apply for students attending a summer term: a. Cancellation/withdrawal before classes begin; no tuition will be charged/full refund; b. Cancellation/withdrawal during the first week of classes; 20 percent will be charged/80 percent refund; c. Cancellation/withdrawal during the second week of classes; 40 percent will be charged/60 percent refund; d. Cancellation/withdrawal during the third or fourth week of classes; 60 percent will be charged/40 percent refund; 23 e. Cancellation/withdrawal during or after the fifth week of classes; 100 percent will be charged/no refund. Students who fail to redeem (pay) their promissory note by the third week of classes will be administratively withdrawn (disenrolled) from the university during the fourth week. Reinstatement is prohibited unless disenrollment occurred as the result of an administrative error. Students are not permitted to and faculty members must ensure that students do not remain in class(es) or continue credit-generating work after their registration has been cancelled Disabled veterans who are eligible for admission to the university may register for courses without payment of tuition if they are certified by the Veterans Administration. Full payment of tuition is required if the veteran does not have his Disabled Certificate of Eligibility at the time of registration. The cash payment will be refunded when the veteran presents his or her Disabled Certificate of Eligibility. Nondisabled veterans must pay their tuition at the time they register. They will receive specified allowance under Public Law 89-358. Veterans and dependents eligible for reimbursement of educational expenses under the Alabama G.I. and Dependents\u2019 Benefit Act, as amended by Act 1275, Sept. 19, 1973, may have their expenses billed by and paid directly to the university. The following individuals shall be charged the in-state/in-district rate, or otherwise considered a resident, for tuition purposes, effective July 2005 Veteran using educational assistance under either chapter 30 (Montgomery G.I. Bill \u2013 Active Duty Program) or chapter 33 (Post 9/11 G.I. Bill), of title 38, United States Code, who lives in the State of Alabama while attending a school located in the State of Alabama (regardless of his/her formal State of residence) and enrolls in the school within three years of discharge from a period of active duty service of 90 days or more. Anyone using transferred Post \u2013 9/11 G.I. Bill benefits (38 U.S.C. \u00a7 3319) who lives in the State of Alabama while attending a school located in the State of Alabama (regardless of his/her formal State of residence) and enrolls in the school within three years of the transferor\u2019s discharge from a period of active duty service of 90 days or more spouse or child using benefits under the Marine Gunnery Sergeant John David Fry Scholarship (38 U.S.C. \u00a7 3311 (b) (9)) who lives in the State of Alabama while attending a school located in the State of Alabama (regardless of his/her formal State of residence) and enrolls in the school within three years of the Service member\u2019s death in the line of duty following a period of active duty service of 90 days or more. Anyone described above while he or she remains continuously enrolled (other than during regularly scheduled breaks between courses, semesters, or terms) at the same school. The 24 person so described must have enrolled in the school prior to the expiration of the three-year period following discharge or death described above and must be using educational benefits under either chapter 30 or chapter 33, of title 38, United States Code. Sons and daughters of deceased veterans covered under Public Law 634 must pay their fees at the time of registration. They will receive specified allowances under Public Law 634 Any student who has a delinquent account (amounts due past the due date) may forfeit the privilege of attending classes and shall not be allowed to register for a new term until his or her account has been paid in full. The University shall withhold grade reports, transcripts, and diplomas until the amount delinquent is paid in full. Accounts delinquent for more than two academic terms shall be placed with collection agencies for collection and the student will bear the collection cost Alabama State University students who are called to active duty during a term when they are enrolled will be counseled on the options they may pursue, depending upon when the call is received. 1. If it is not very late in the term, the student will have the option of withdrawing with full refund of tuition and proportionate refund of room and board. 2. The student may withdraw from the course(s) and leave tuition paid as full credit for use upon re-enrolling at the university. 3. If the call to duty occurs close to the end of the term, the student may be permitted to take the final examinations early and receive full credit for the course(s). 4. If it is late in the term and the student does not wish to complete the final examinations, he or she may opt for either receiving \u201cincompletes\u201d in the course(s) or withdrawing under item \u201c2\u201d above. It is, therefore, the university\u2019s policy to take every reasonable step to ensure that the student is not penalized by the university as the result of the call to active military duty Residence hall facilities are available for the housing of university students. The total cost of room and board per semester or per year will depend upon the residence hall selected. All students who live in residence halls are required to participate in a 19-meal per week board plan. Juniors and seniors are eligible to participate in an optional 15-meal per week plan. Students living off-campus may participate in the board plan by presenting a validated schedule and paying the appropriate amount for board. Charges for room and board are payable in advance. All campus residence students are required to take meals in the commons (exception: Willetta McGinty Apartments) and to pay the board charge per semester, including sales taxes. Because of the low charge for board, no adjustments will be made for meals not taken. Additional charges will be made for special 25 dietary needs beyond the regular menu and special food services when provided student who has lost his or her meal card will be assessed a $25 cash fee for replacement. The schedule of charges for room and board per semester is: For Women Bessie W. Benson Hall ............................................................................ $2,200.00 Bessie S. Estell Hall ................................................................................... 2,300.00 Bibb Graves Hall ........................................................................................ 2,200.00 Girard Apartments ...................................................................................... 2,075.00 Martin L. King Jr. Hall ................................................................................. 2,300.00 Willease R. Simpson Hall ........................................................................... 2,200.00 C.J. Dunn Tower ........................................................................................ 2,400.00 For Men John W. Abercrombie Hall ........................................................................ $2,200.00 William H. Benson Hall ............................................................................... 2,200.00 George N. Card Hall ................................................................................... 2,200.00 Girard Apartments ...................................................................................... 2,075.00 For Honor Graduate Students Willetta McGinty Apartments .................................................................... $1,315.00 Peyton-Finley Dormitories .......................................................................... 2,300.00 Room rent is not refundable. Board is prorated in units of one week, with Monday being considered the first day of the board week one-year statute of limitation period is in effect to dispute any housing charges student who is dismissed or suspended from Alabama State University for reasons in accordance with laws or rules and regulations of the university or is placed on terms of probation in accordance with laws or rules and regulations of the university, whereby such terms of probation prohibit the student from residing in university housing, shall not be eligible for any refund of or adjustment in room or board Student health and accident insurance is provided for all registered students of Alabama State University. Details of coverage may be obtained from the Office of Student Affairs Students who are eligible to receive financial aid awards for the next academic year must complete their and be making satisfactory progress. Administration of federal financial assistance for Alabama State University is located in the Student Financial Aid Office in the Student Services Center. The university makes every effort to provide adequate assistance for capable 26 and promising students who would otherwise be unable to attend. The basic philosophy behind financial aid programs is that no student or prospective student should be denied access to higher education because of financial burdens. With this in mind, Alabama State University has established an Office of Financial Aid. There are four principal types of financial assistance available at Alabama State University Only undergraduate students who have not previously received a bachelor\u2019s degree may apply for the grant programs listed below (FPELL). This is a grant available to undergraduate students who demonstrate financial need based on the Federal Methodology Formula. Undergraduate students may receive a Pell Grant award ranging from $890 to $4,731 per year (FSEOG). This is a grant available to undergraduate students who demonstrate exceptional financial need. The award ranges from $200 to $4,000 per academic year. Only a limited amount of can be awarded each year due to funding constraints (ACG). This is a grant available to undergraduate students who demonstrate need recipient, U.S. Citizen, completed a rigorous high school program, graduated from a high school after January 1, 2005 and enrolled as a full-time student in a two or four year degree program. In addition, students in their second academic year must have at least a 3.0 cumulative grade point average. Awards range up to $750 for the first year and $1,300 for second-year Grant recipients (SMART) GRANT. This is a grant available to undergraduate students who demonstrate need recipient, U.S. citizen, third- or fourth-year student in a degree-seeking program, enrolled full-time in an eligible major, and at least a 3.0 cumulative grade-point average. Awards range up to $4,000 GRANT. The grant is a federally funded program created by the College Cost reduction and Access Act (CCRAA), and is effective beginning with the 2008-2009 award year. The grant provides up to $4,000 a year in grant assistance to students who plan on becoming a teacher and meet certain specified requirements. If a student who receives a grant does not complete the required teaching, the grant must be repaid as a direct unsubsidized loan under the William D. Ford Federal Direct Loan Program. Please visit to learn more about the program (ASAP). This is a state program offering grants to eligible undergraduate Alabama students who meet financial need requirements state program to attract qualified students into the teaching profession in the fields of mathematics, special education, general science, and English language arts. This program is offered to students who are legal residents of the state of Alabama who are seeking and undergraduate degree or Alternative Class \u201cA\u201d students. Applications are available at: 27 Alabama State University, Office of Financial Aid, P.O. Box 271, Montgomery 36106-0271. These funds are available to students who meet the criteria set by various state higher education agencies. Students should contact those agencies within their state of legal residence for programs and availability These funds are available through various colleges, organizations, private agencies, churches, etc. Check online for information and scholarship searches. Remember you do not have to pay for scholarships. Watch out for scams and make sure the scholarships are legitimate SCHOLARSHIPS. These scholarships are funded by Alabama State University to recognize outstanding high school seniors considering attending the university. Additional information can be obtained from the university\u2019s Office of Admissions and Recruitment SCHOLARSHIPS. These scholarships are awarded through the athletics department to athletically talented men and women. Information can be obtained from the Director of Athletics, Alabama State University, P.O. Box 271, Montgomery 36101-0271 SCHOLARSHIPS. These scholarships are offered by the Air Force. Information on these programs can be obtained by contacting the Office, Alabama State University, P.O. Box 271, Montgomery 36101-0271 BENEFITS. These programs assist a number of students at Alabama State University. For information concerning eligibility, contact the appropriate Veterans Administration office in your hometown (FWS). This is a program available to undergraduate and graduate students who demonstrate financial need. It provides on-campus or off-campus part- time (6-18 hours) employment with at least a minimum wage pay ($7.25 per hours PROGRAM. This is not a financial aid program but does offer students the opportunity to alternate semesters of full-time study and work. Information is available from the Director, Placement Services and Cooperative Education, Alabama State University, P.O. Box 271, Montgomery 36101-0271 LOAN. This is a loan available to undergraduate and graduate students who demonstrate financial need. It must be repaid at a 5 percent interest rate. An undergraduate student may borrow up to $5,500 per award year; $8,000 per award year for a graduate student. Repayment of the lean begins nine months after the student leaves school. The monthly payment amount will depend on the size of the debt and the length of the repayment period. Interest is not charged during periods of enrollment LOAN. This is a need-based loan available to undergraduate and graduate students. The student may borrow up to $3,500 for the first year of undergraduate study; $4,500 for the sophomore year; $5,500 for subsequent undergraduate study; and $8,500 for graduate study. The federal government will guarantee the loan and subsidize the interest for applicants while they are in school and qualify. Over the next four-year period beginning July 1, 2008, the Federal Direct Subsidized Stafford Loan interest rate will be 28 6.0 percent, 5.6 percent, 4.5 percent and 3.4 percent respectively, with repayment beginning six months after the student\u2019s enrollment level drops below half-time LOANS. This is a non-need based loan available to dependent students\u2019 parents to help with the direct and indirect costs of attending a university. The fixed interest rate is 6.8 percent and replacement begins 60 days after the loan is fully disbursed LOANS. This is a non-need based loan available to graduate and professional students to help with the direct and indirect costs of attending a university. The fixed interest rate is 8.5 percent LOAN. This is a non-need based loan available to undergraduate and graduate students. The student may borrow up to $4,000 for the first and second year of undergraduate study and $5,000 for the third and fourth year of undergraduate study; and $12,000 for graduate study LOAN. This is loan available to independent students or dependent students whose parents have been denied a Direct Loan due to their credit history Additional direct unsubsidized Stafford loan limits applicable to undergraduate students are increased for loans first disbursed on or after July 1, 2008. Subsidized limits (up to base amount) are unchanged. For students enrolled as regular students in eligible programs, annual Direct Stafford loan limits are as follows: Dependent Students (Except Students Whose Parents Cannot Borrow PLUS) Base Amount Additional unsubsidized loan amount Prior to July 1, 2008 Effective July 1, 2008 Freshman $3,500 0 0 Sophomore $4,500 0 0 Junior or senior $5,500 0 0 Independent Undergraduate Students and Dependent Students whose Parents Cannot Borrow a Loan Base Amount Additional unsubsidized loan amount Prior to July 1, 2008 Effective July 1, 2008 Freshman $3,500 $4,000 $6,000 Sophomore $4,500 $4,000 $6,000 Junior or senior $5,500 $5,000 $7,000 Graduate and Professional Students Base Amount Additional unsubsidized loan amount $8,500 Unchanged at $12,000 Each applicant interested in financial aid must follow these specific steps: 1. Complete the Free Application for Federal Student Aid (FAFSA) by mailing it in or on the web at 29 2. Be sure to input Alabama State University\u2019s school code on your FAFSA. The school code is 001005. 3. Entering students are encouraged to complete an application for admissions at the earliest possible date. No student will be considered for assistance until he or she has been officially admitted to the university. 4. Complete additional data necessary to clarify or verify the financial information sub- mitted by you and/or your parents. Requests for additional data will be sent to you by the Office of Financial Aid. The above application procedures apply to both in-state and out-of-state students. The priority date for financial aid applications is May 1 Academic Scholarships Alabama State University scholarships are offered to the most outstanding degree-seeking entering freshmen and two-year college transfer students. All scholarships are competitive and awarded to the most qualified students on the basis of completed admission and scholarship applications, receipt of official scores (or comparable scores), a handwritten essay and an official high school transcript. Scholarships are awarded to the most qualified junior college transfer students on the basis of completed admission and scholarship applications, a handwritten essay and receipt of an official college transcript. All scholarships will be awarded based on grade point average and scores. The value of the scholarship includes Federal Pell Grant award (if applicable) and university award. The payment of room and/or board charges under any scholarship program is restricted to on- campus housing and food services only. Scholarships are available only to students seeking their first four-year college under- graduate degree. All initial and continuing scholarship awards are contingent upon the availability of funds. Presidential Scholarship FRESHMEN: High school applicants must have a grade point average of 3.76 or above in academic subjects on a 4.0 scale, and an score of 26 or above (comparable score of 1170-1200 in critical reading and math STUDENTS: College transfer applicants must have a grade point average of 3.76 or above on a 4.0 scale after completion of 24 semester hours (36 quarter hours) of credit. Applicants must transfer from an accredited college. The Presidential Scholarship pays full tuition, books, and on-campus room and board for a maximum of eight semesters for freshmen and a maximum of six semesters for junior college transfer students. Also, $900 is provided annually for incidentals. Scholarships are renewable annually based on completion of 24 semester hours with a minimum cumulative grade point average of 3.0. 30 Note APPROPRIATE. Academic Scholarship FRESHMEN: High school applicants must have a grade point average of 3.51-3.75 in academic subjects on a 4.0 scale, and an score of 25 or above (comparable score of 1090-1120 in critical reading and math STUDENTS: College transfer applicants must have a grade point average of 3.51-3.75 on a 4.0 scale after completion of 24 semester hours (36 quarter hours) of credit. Applicants must transfer from an accredited college. The Academic Scholarship pays full tuition, books, and on-campus room and board for a maximum of eight semesters for freshmen and a maximum of six semesters for junior college transfer students. Scholarships are renewable annually based on completion of 24 semester hours with a minimum cumulative grade point average of 3.0. Note APPROPRIATE. Dean\u2019s Scholarship FRESHMEN: High school applicants must have a grade point average of 3.26-3.50 in academic subjects on a 4.0 scale, and an score of 22 (comparable score of 1020-1040 in critical reading and math STUDENTS: College transfer applicants must have a grade point average of 3.26-3.50 on a 4.0 scale after completion of 24 semester hours (36 quarter hours) of credit. Applicants must transfer from an accredited college. Dean\u2019s Scholarships pay full tuition, required fees and books for a maximum of eight semesters for freshmen and a maximum of six semesters for junior college transfer students. Scholarships are renewable annually based on completion of 24 semester hours with a minimum cumulative grade point average of 3.0. Note APPROPRIATE. Incentive Scholarship FRESHMEN: High school applicants must have a grade point average of 3.0-3.25 in academic subjects on a 4.0 scale, and an score of 20 (comparable score of 940-970 in critical reading and math STUDENTS: College transfer applicants must have a grade point average of 2.70-3.25 on a 4.0 scale after completion of 24 semester hours (36 quarter hours) of credit. Applicants must transfer from an accredited college. Incentive Scholarships pay full tuition for a maximum of eight semesters for freshmen and a maximum of six semesters for college transfer students. Scholarships are renewable annually 31 based on completion of 24 semester hours (36 cumulative quarter hours) with a minimum cumulative grade point average of 2.70. Note APPROPRIATE. Leadership Scholarship Applicants selected for the scholarship must demonstrate a strong commitment to community service, must display leadership abilities in school activities or through work experience, and must have a grade point average of 2.75 or higher at the time of application. Applicants for this scholarship must provide an essay outlining their leadership accomplishments and a letter of recommendation from a guidance counselor, administrator or faculty member. The award is for $1,000 per academic year toward the payment of university fees, including tuition, fees or room and board. The scholarship is available for a maximum of eight semesters for freshmen and a maximum of six semesters for college transfer students. Scholarships are renewable annually based on completion of 24 semester hours with a minimum cumulative grade point average of 2.50. Note APPROPRIATE. All scholarship recipients must complete an application for financial aid Federal law requires an institution to return all unearned Title funds to the appropriate Title programs when a recipient of Title aid withdraws on or before completing 60 percent of the period of enrollment. If a recipient of Title funds withdraws during a period of enrollment, the university must calculate the amount of Title Aid the recipient did not earn, must return it to the Title Programs. This action may require the recipient to repay funds issued directly to them prior to the calculation. The non-payment of Title aid will also be reported to U.S. Department of Education for collections and the overpayment of grants reported to the National Student Loan Data System as required by Federal Law. Federal law requires that refunds on behalf of student financial assistance recipients must be returned in the following order: 1. Federal Direct Unsubsidized Stafford Loan 2. Federal Direct Subsidized Stafford Loan 3. Federal Perkins Loan 4. Federal Direct Loan (Graduate Student) 5. Federal Direct Loan (Parent) 6. Federal Pell Grant 7. Academic Competitiveness Grant 8. National Grant 9. Federal Supplemental Educational Opportunity Grant (FSEOG) 10. Teach Grant Students must withdraw from the University by submitting a \u201cWithdrawal Form\u201d to the Registrar\u2019s Office or submit a written statement including their name, Social Security number, date of withdrawal and the last date of attendance. Calculation of refunds or tuition adjustments shall be based on the last date of attendance. 32 Examples of the Return of Title Aid calculations are available for review in the Financial Aid Office All students at Alabama State University (ASU) who receive federal financial aid must make satisfactory academic progress toward the completion of their degrees at a pace of progression to ensure completion within the maximum time frame. The University\u2019s policy is in accordance with regulations issued by the U.S. Department of Education. Satisfactory Academic Progress status will be determined at least once each year, generally at the end of the spring semester. Students who meet or exceed requirements will not be notified. Students who do not meet or exceed requirements will be notified once the review is completed. General Rules: 1 student must earn a minimum number of credit hours each semester to complete requirements for graduation. 2. The following shall not be considered as credits completed: 2.1 through D\u201d grades 3. The following shall be considered as credit completed: 3.1 \u201cF\u201d 3.2 \u201cW\u201d \u2013 Withdrawal 3.3 \u201cI\u201d or \u201cP\u201d \u2013 Incomplete (may be counted after the \u201cI\u201d or \u201cP\u201d is changed to another letter grade). 3.4 Audit \u2013 No Credit 4. Students with withdrawals, incompletes, failing grades, repeated classes, and classes not accepted for transfer credit will count toward the number of hours attempted. Failure to meet the requirements of satisfactory progress and academic good standing will result in the suspension or termination of financial aid eligibility. 5 student seeking a second undergraduate degree will be allowed additional semesters, based on the prorated hours accepted from the prior degree. 6 transfer student\u2019s pace of progress will be prorated according to the credit hours accepted. 7. All credit hours applicable to the current degree pursuit attempted through National Student Exchange Program (NSE), Study Abroad, and through Consortium Agreements with other institutions are counted in both attempted and earned hour calculations. 8. Remedial classes are counted in both attempted and earned hours calculations, although credits may not apply toward completion of degree requirements. They may also impact calculations. 9 student who changes his/her major is still responsible for completing his/her degree or certification at a pace of progress within the maximum time frame. Former Students Returning to Complete Their Degree: 1. Former students who were not enrolled at for the most recent regular semesters (fall or spring) will re-enter at the status earned at the end of their last semester. 2. Complete academic transcripts for work attempted at other institutions since their last enrollment are expected to be submitted to ASU\u2019s Registrar\u2019s Office. 33 Maximum Time Frame Requirement reasonable length of time for the completion of a program is defined as no more than 150 percent of the normal time to complete a degree program. Example: If your degree requires that you complete 120 credit hours, a reasonable length of time will be 120 credit hours x 150% = 180 credit hours. Your maximum time frame to receive financial aid is your first 180 attempted credit hours (15 semesters). Qualitative and Quantitative Measures: Incremental Evaluation % of credit hours Cumulative Period to be completed 1st year 67% 1.6 2nd year 67% 1.8 3rd year and beyond 67% 2.0 Graduate 67% 3.0 probationary semester may be granted at the discretion of the Financial Aid Counselor. Conditions under which a student may receive a probationary semester may include but not be limited to family circumstances, medical concerns, work circumstances, death, emotional concerns, accidents and any unusual circumstances. During the probationary period, the student is required to successfully complete a minimum of 67 percent of registered hours during that semester, with the required based on student\u2019s year in college (according to the chart above SUSPENSION: 1 student must indicate in writing to the Financial Aid Counselor: a. reasons why he/she did not achieve minimum academic requirements, and b. reasons why he/she aid should not be terminated. c. what has changed that will allow him/her to make at the next evaluation, and d. present an academic plan and successfully follow it. 2. The Financial Aid Counselor will review the appeal and determine whether the financial aid suspension is justified. The student will be notified in writing of the decision. 3 student who would like to appeal the decision of the Financial Aid Counselor may do so in writing to the Financial Aid Appeals Committee, Financial Aid Office, Alabama State University, P.O. Box 271, Montgomery 36101-0271. 4 student requesting probation who cannot mathematically complete the program within the maximum time frame is ineligible to continue to receive financial aid REINSTATEMENT: In order to be reinstated, students who raise their cumulative standards to equal or exceed the minimum requirements of should contact their financial aid counselor to be reinstated. 34 The admission policies of Alabama State University are predicated upon the presumed competence of the individual rather than upon any consideration whatsoever of race, color, sex, religion or national origin. The aim of Alabama State University is to enroll a student body of high ability and diversity that represents an international cross-section of people. Students interested in enrolling in the university as first-time freshmen, transfer students from two-year colleges, transfer students from other four-year colleges or universities, special students, or part-time students are requested to follow the procedures outlined below. Precollege Orientation is required for all beginning and transfer students admitted to Alabama State University. Precollege Orientation is scheduled prior to the beginning of each academic term. Students will receive information from the Office of Student Affairs regarding which session to attend following official notification of admission from the Office of Admissions and Recruitment. Admission Standards Admission decisions will be based on an assessment of the quality of the applicant\u2019s academic preparation and other indicators of scholastic willingness and ability and general conduct. Applicants who have earned a diploma from an accredited high school with a 2.2 cumulative grade point average (or certificate) who demonstrate that they can benefit from and contribute to the university\u2019s educational program and goals will be admitted unconditionally. Alabama State University believes that the broadest academic experience in high school is the best preparation for admission to the university. In considering the academic record of an applicant, attention is given to the subjects studied and the grades received in those subjects. The applicant\u2019s high school record should include at least four units of English and ten units in the following fields: mathematics, natural sciences, social sciences and foreign languages. However, allowances in this unit distribution may be made to permit the student to pursue special areas of academic interest. Applicants who are not admitted unconditionally will be initially denied admission. Students who are initially denied admission may appeal to the admissions committee for admission based upon special factors or circumstances that may be mitigating in the review process. Appeals should be forwarded to the Office of Admissions and Recruitment. Applicants to Alabama State University with high school diplomas from unaccredited high schools may be admitted as beginning freshmen if they have achieved a minimum score of 20 or above (or equal value score) and have earned a 2.2 cumulative grade point average in 35 their high school academic work. Applicants who have earned the certificate and have either a cumulative high school grade point average of 2.2 that reflects completion of at least the 10th grade or have earned a composite score of 16 or higher on the (750 on the SAT-critical reading and math) will be admitted to the university unconditionally. An applicant who has earned the certificate and is also 22 years of age or older will be admitted to the university unconditionally. Applicants who are seniors in high school are admitted with the understanding that requirements for admission to the university will be fulfilled during their senior year. These applicants must submit final high school transcripts that reflect completion of high school with a standard, honors, or advanced diploma. Admission Procedures 1. Submit application, along with $25.00 non-refundable application fee, to the Office of Admissions and Recruitment. 2. Have an official copy of high school transcript or General Educational Development (GED) report and official high school transcript mailed to the Office of Admissions and Recruitment. 3. Submit test score results from the American College Testing Program (ACT) or the Scholastic Aptitude Test (SAT). An application for admission may be submitted before the students take the test. It is recommended that prospective freshmen take the or in the fall of their senior year in high school. In order to register for the test, consult your high school counselor or write to The American College Testing Program, P.O. Box 414, Iowa City 52243, concerning the or write to the College Entrance Examination Board, Box 592, Princeton 08540, concerning the SAT. Each freshman applicant should indicate his or her selection of an intended major on the application form. This information will be of assistance in the academic advising of the student. University College is the initial college of enrollment for all freshmen entering the university. (See the University College section in this catalog for an explanation of the role of University College.) It should be noted that selection of a major while enrolled in University College does not guarantee admission to a degree-granting college or school. For specific information on a particular college or school, see admissions requirements for that college or school in Section of this catalog Admission Standards and Advanced Placement Credit Policy Students with special competence may qualify for advanced placement and/or course credit on the basis of scores earned in the College Board\u2019s Advanced Placement Program (AP). Alabama State University may award credit to beginning freshmen who score 3, 4 or 5 on Advanced Placement Examinations minimum score of 3 is required to be considered for the possible award of credit. Advanced Placement Credits are awarded in English (6) 131/132; Mathematics (6) 133/134, 137/165; General Chemistry (8) 141/142; History (6) 131/132 maximum of 26 semester hours of credit will be accepted to fulfill course requirements in the General Studies. Students seeking advanced placement must have a minimum high school grade point average of 3.0 on a 4.0 point scale. 36 Admission Procedures Students are encouraged to become familiar with the examinations and acceptable scores prior to seeking such credits. Documentation of test scores must be sent to the Office of Admissions for possible award of credit. The awarding of credit will be administered by the Office of Admissions with the approval of the dean of University College. Persons who have attended another institution are welcome to apply for admission to Alabama State University as transfer students. The eligibility and acceptance of transfer applicants are determined through careful consideration of their previous academic record and proposed program of study at Alabama State University. Transfer applicants must be eligible for readmission to the institution last attended. They must have at least a \u201cC\u2019\u2019 (2.0) cumulative grade point average and at least 15 semester hours of college-level credit in the combined work attempted at all other colleges attended to be admitted unconditionally. The high school grade point average will be used as the admission criterion for transfer students with less than 15 semester hours of college-level credit. Students wishing to enroll in a particular college or school of the university should consult Section of this catalog. Transfer students are enrolled in University College for advisement purposes until satisfactory completion of the general education requirements has been verified. All transfer students should indicate the selection of a major on the application form. An eligible transfer student may expect to receive equivalent semester hours of credit for college-level course work completed with a grade of \u201cC\u2019\u2019 or higher at any college or university that is fully accredited by the regional accrediting association. In all majors courses, core courses, and selected minors, the minimum grade of \u201cC\u201d is required. Transfer students who do not fulfill the regular admissions requirements for transfer standing may appeal the denial as set forth above for entering freshmen. Transfer credit is recorded on the student\u2019s permanent academic record, but grades are not transferred to this record. Only work at Alabama State University is included in the cumulative grade point average. Transfer students must earn their last 30 hours of course work at the university. Not more than 64 semester hours from junior and/or community colleges will be accepted toward a degree at Alabama State University. Junior- and senior-level courses from junior and community colleges will not be accepted as transfer credits. All transfer students must earn a majority of the credits in their major field of study at Alabama State University. For the purpose of admission to a program in a degree-granting college, all credits earned from previous colleges, and/or credits earned at Alabama State University will be used to calculate the grade point average for admission to the program. Admission Procedures 37 1. Submit application, along with $25.00 non-refundable application fee, to the Office of Admissions and Recruitment. 2. Have an official copy of all college transcripts forwarded to the Office of Admissions and Recruitment. 3. Submit a copy of his or her high school transcript if less than 15 semester hours (or equivalent quarter credits) of college credits have been attempted. Admission Standards Students who are regularly enrolled at another institution but who wish to take advantage of programs available at Alabama State University may seek admission as transient students. Such an applicant will not be required to submit a transcript of credits. Transient students are classified under the general category of \u201cspecial students,\u2019\u2019 with temporary admission to the university. Admission Procedure 1. Submit, along with $25.00 non-refundable application fee, application to the Office of Admissions and Recruitment. 2. Secure written approval from appropriate registrar of the college or university of primary enrollment indicating which course(s) are approved for transient study and have a copy of the approval forwarded to the Office of Admissions and Recruitment. 3. If a transient student wishes to attend Alabama State University for more than one semester, he/she must submit transient forms for each semester he/she plans to attend Students who have exceptionally high grades and or scores and who have strong endorsements from their high school and their parents may be considered for admission without completing their senior year of high school. Candidates for early admission must have completed their junior year of high school with a minimum grade point average equivalent to 3.5 (B) on a 4.0 scale. Candidates\u2019 grade point averages will be evaluated from the following subject areas: social sciences, mathematics, English and natural science. Candidates are required to score a minimum of 24 on the or 1090 (critical reading and math) on the exams. Applications must be accompanied by an endorsement from the applicant\u2019s parents and counselor or principal. Recommendation for early admission will be made by the director of Admissions and Recruitment, with final approval by the Admissions and Recruitment committee. After approval for early admission has been granted, the student will be required to meet with the dean of University College and the chairperson of the department in which the student has indicated a major interest. The purpose of both meetings is for individual advisement concerning the student\u2019s academic requirements while enrolled at Alabama State University. 38 Early admission students are required to register for a minimum of 12 hours (full time) per semester, but may not enroll for more than 15 hours. After the student has completed requirements for the University College General Studies, the limit on credit hour loads per semester can be lifted. It is recommended that early admission students enroll during the summer after completion of their junior year of high school. Early admission students will be restricted to the General Studies while enrolled in University College. After completion of the core, students may select courses of their choice within their major field. Early admission students will be assigned a special adviser from the Academic Advisement Center while enrolled in University College. After the student enrolls in a degree-granting college, another adviser will be assigned. Special Students Admission Standards Applicants for admission who wish to enroll for credit but do not wish to pursue a degree at Alabama State University are welcome to apply as special students. Typical examples of special students include a person who already has a degree and enrolls for course work to complete teacher certification requirements; a person who is pursuing a degree at another college or university and makes arrangements with that university to complete certain course work here; a person who signs up for a seminar or workshop that awards college credit; or a person who has not earned a degree but wishes to take courses for general knowledge and personal satisfaction special student may enroll on a full-time or part-time basis, but may not become a candidate for graduation since special student status is not intended for degree-seeking students. Special students may not be enrolled for more than two consecutive semesters. To continue enrollment at Alabama State University, students must meet beginning freshman or transfer requirements. Admission Procedure 1. Submit application, along with $25.00 non-refundable application fee, to the Office of the Office Admissions and Recruitment. 2. Submit Undergraduate Special Student Classification Form to the Admissions and Recruitment Office International students seeking admission to the University must complete the following actions: \uf076 Complete Alabama State University Undergraduate Admissions Application and a $25.00 (U.S.) non-refundable application processing fee. The Admissions Application can be processed on-line. \uf076 Evaluation of official transcripts from all schools previously attended (high school and college). Transcripts, if not in English, must be translated into English by an official translation service. Once the transcript has been translated, please forward to the following for evaluation: 39 Lisano International, P.O. Box 407, Auburn 36381- 0407; Phone and Fax (334) 745-0425; E-mail: [email protected]; Web: \uf076 Official copy of the Test of English as a Foreign Language (TOEFL) results is required if your native language is not English minimum acceptable score of 500-paper-based, 173-computer-based, or 61-Internet- based exam. Also, the English language requirement will be met upon completion of Level 112 at a Language Center. \uf076 Confidential Financial Statement, properly notarized, affirming your ability to fully meet the expected expenses of attending Alabama State University for the first year of study (U.S. dollars). International students pay out-of state tuition. International Students are not eligible for undergraduate academic scholarships or financial aid. \uf076 Health Center Evaluation Form. Can be downloaded by visiting website: clicking on Administration, then Student Affairs, then Health Center, then Health Center Evaluation Form 271 36101-0271, (334-229-4713 or 1-800-253-5037 Persons seeking admission to the university for purposes of graduate study should consult the Graduate Studies Bulletin for detailed information Alabama State University will consider for advanced placement or advanced standing credit appropriate service, course work and examinations from nontraditional sources such as active federal military service and service schools, the College Entrance Examination Board\u2019s Advanced Placement Program, the College Level Examination Program (CLEP) and correspondence credits from fully accredited institutions. No student will be advised or permitted to take either a departmental examination or a test and use the \u201cpassing\u2019\u2019 score as a substitute for enrolling in and satisfactorily completing prescribed curriculum courses unless prior approval to take the test for said purpose is granted by the relevant department chairperson, the dean and the Office of Academic Affairs. Approvals will be granted only in instances where proof can be presented that, by noncredit formal training (i.e., military service), the material prescribed for the course has been mastered by the student student may not attempt credit by examination in a field that the student has received college credit for a more advanced course or for a course in which a failing grade has been received. The university will allow a maximum of 45 semester hours for nontraditional credit (AP, CLEP, etc.). \u201cC\u2019\u2019 -level performance is required as a minimum for award of credit from any academic test. All requests for credit by examination should be submitted to the Office of Records and Registration in the Student Services Center. 40 Admission Standards The Advanced Precollege Experience Program (APEX) is designed for students who wish to attend Alabama State University while simultaneously completing requirements for high school graduation. The overall objective of is to improve academic achievement, to develop personal maturity and to provide the benefits of an early college experience. Students in this program may take work in specific areas for which they are recommended and in which they have adequate preparation. It should be noted that is not an early admissions program. Candidates who apply to participate in are required to be currently enrolled high school students who have completed their freshman year of high school. Recommendations from either their high school principal or counselor, along with written permission from the student\u2019s parents or guardians, must accompany their applications for admission. Admission Procedures students must submit a copy of their high school record to the Office of Admissions and Recruitment. Candidates must have a cumulative grade point average equivalent to 3.0 (B) on a 4.0 scale. Recommendation for enrollment into will be made by the director of the Office of Admissions and Recruitment with final approval by the Admissions and Recruitment committee. After acceptance into the program, students are classified as \u201cspecial students\u2019\u2019 (non-degree- seeking students maximum of three credits is allowed each semester. Students enrolled in the summer program may enroll for a maximum of six semester hours students may not take courses that they are simultaneously taking in high school. For example, if a student is taking algebra in high school, he or she would not be permitted to enroll in algebra at ASU. Courses taken at the college level may not conflict or interfere with the student\u2019s high school schedule. With the above provisions students may enroll in any 100- or 200- level course that does not require a prerequisite. Course credits earned through are acceptable as regular college credits students are not to use credits earned at toward high school graduation requirements. Transcripts are not released until the student provides the Office of Records and Registration with notification of high school graduation. After acceptance into APEX, students are required to meet with the dean of University College. The student is then assigned an adviser from the Academic Advisement Center. 41 schedule of classes is made available prior to the registration period. The student, with the assistance of an academic adviser, may select courses and time periods and record them on his or her registration form. The student should take great caution when preparing his or her schedule to avoid conflict and unnecessary courses for his or her program change of program period is allowed during each registration period student has the opportunity to drop a course, add a course, and change the time of a course or a combination of all of the above request for independent study must be submitted by the faculty and student in writing for approval by the department chair, college/school dean and the vice president for academic affairs. The request must explain the need to use this independent format and the rubrics to be used in evaluating required assignments. Faculty must maintain documentation of weekly contact with the student and submit progress reports to the department chair, dean and vice president for academic affairs during the week of midterm and final exams. This does not apply to university approved practicums and internships To transfer from University College to a major program, a student files a Declaration of Major form with his or her academic adviser. Then, the dean of University College rules on the student\u2019s eligibility to transfer; and the dean of the degree-granting college rules on admitting the student to the intended major program. To transfer from one degree-granting college to another, a student files with the Office of Records and Registration a completed Declaration of Major card that carries the signatures of the deans of the colleges involved and of the appropriate academic advisers student may transfer from one curriculum to another within his or her college at any time during the semester, to become effective the following semester. The academic advisers monitor the change to determine if the change promises to be in the best interest of the student and that all prerequisites have been met when changing from one curriculum to another The university will normally cancel any course in which fewer than 10 students are enrolled and may not offer a course for which an instructor is not available. 42 Registration is not complete until all fees have been cleared with the Office of Student Accounts. Please refer to the section on fees in this catalog 271 36101-0271 Each student is expected to attend all lectures, seminars, laboratories and field work for each registered class, including the first class session, in order to verify registration with instructors and to complete all work assigned for the course. Failure to observe this policy may seriously jeopardize a student\u2019s academic standing. If a student does not attend class during the first week (first five instructional days) of the semester and does not give prior notification to the instructor of reasons for absence and intent to attend the class, the student will be dropped from the course student is permitted one (1) unexcused absence for each credit hour generated by the class. For example, two (2) absences are allowed in a two-hour class. Excessive absenteeism, whether excused or unexcused, may result in a student\u2019s course grade being reduced or in assignment of a grade of \u201cF.\u201d At the beginning of the class, the instructor is responsible for having listed on his or her syllabus the University Attendance Policy. The student will be held responsible for adhering to the University Attendance Policy. Instructors of courses are not obligated to provide makeup opportunities for students who are absent, unless the absences have been officially approved. An officially approved absence, however, merely gives the individual who missed the class an opportunity to make up the work and in no way excuses him or her from the work required. Official excuses are granted by the Office of Student Affairs for authorized university activities, verified personal illness or illness or death in the immediate family. Absences will count from the first day of registration for each course. Students receiving veteran\u2019s benefits are required to attend classes according to the regulations of the Veterans Administration, in addition to those regulations set by the university for all students. It is the responsibility of the instructor to keep an accurate attendance record of all students enrolled. Students should understand that absences may jeopardize their grades. It is the responsibility of the student to withdraw from the university or drop a course To receive the proper credit for a course, the student must be officially registered for the course in the Office of Records and Registration and the student\u2019s name must be listed on the official class roster student who attends a class without official registration will not receive a grade for the course. Any student who fails to comply with the official registration rules and regulations will not be allowed to petition for course credit. 43 The minimum credit hour load for a full-time undergraduate student is 12 hours per semester student who registers for less than the minimum load stated above is classified for academic purposes as a part-time student. Normal Load \u2013 12 to 18 semester hours of credit. Maximum Load (for dean\u2019s list students or others with special permission from their dean) \u2013 21 semester hours of credit. Students on Academic Probation \u2013 not more than 13 semester hours of credit during the regular academic year and not more than six semester hours of credit during the summer term student who wishes to audit a course must enroll as an auditor at the time of registration. No credit is earned and no examination for credit may be subsequently applied for when a course is audited. Students who enroll as auditors may not change to credit status after the final date of the program change period student who chooses to withdraw from a course after the last day of the drop/add period may do so without the approval of the course instructor or the dean. This action will result in the student receiving a \u201cW\u201d for the course. A\u201dW\u201d denotes an official withdrawal from the course and is not calculated into the cumulative grade point average student may withdraw from a course up through the week of midterm exams. The deadline date for withdrawing from a course (usually the Tuesday after midterm week) is stipulated in the academic calendar. All official withdrawals must be made through the Office of Records and Registration. When a student, as a result of emergency circumstances is forced to withdraw from a course after the established withdrawal date for the term; the student may petition, in writing, the dean of the school in which the course is offered for approval to withdraw from the course student may not withdraw from a course after the deadline if he or she is failing. The dean will contact the student\u2019s instructor to determine the student\u2019s scholastic standing at the time of the request to withdraw. If a student registers and stops attending a course; the course must be officially dropped through the Office of Records and Registration or a grade of \u201cWF\u201d will be recorded by the instructor. If a student registers and never attends any class sessions for a particular course, a grade of \u201cX\u201d will be recorded for the course; unless the student officially withdraws through the Office of Records and Registration grade of \u201cX\u201d may result in the reduction of a student\u2019s aid award and/or the creation of a financial balance on the student\u2019s account. 44 If the student improperly adds a course and does not process a schedule change form through the Office of Records and Registration, no credit will be allowed and he or she will not receive a grade for the course student who wishes to withdraw from the university must file an official notice with the Office of Records and Registration. One of the following methods may be used: 1. Completion of the official Withdrawal from the University form in the Office of Records and Registration. 2. Submission of a letter to the Office of Records and Registration indicating the request to be withdrawn, via mail or fax. Requests for withdrawal from the university must be received in the Office of Records and Registration by the last day of classes of the semester from which the student wishes to be withdrawn. Students who officially withdraw will receive \u201cW\u201d grade designations for the term of withdrawal Course substitutions on the undergraduate level are made only upon the recommendation of the adviser and approval by the department chairperson and the dean of the appropriate college Final examinations are held at the end of each semester. Students are graded on the basis of the following guidelines 4 grade points per semester hour Excellent 3 grade points per semester hour Good 2 grade points per semester hour Satisfactory 1 grade point per semester hour Minimum Passing No grade points Failure/Completed-Counted in No grade points Incomplete (See below No grade points Withdrawal/Failure-Counted in The following symbols are substitutes for grades, but are not grades themselves. None of the symbols listed below are counted in the No grade Points Withdrawal in good standing No grade points in progress (see below No grade points Audit No grade points Non-Attendance An \u201cI\u2019\u2019 (incomplete) grade is assigned in instances in which a student is likely to pass the course upon completion of requirements to change the \u201cI\u201d grade. To yield credit for a course for which a grade of \u201cI\u201d has been assigned, course requirements must be completed by the end of the next semester of enrollment, not to exceed two calendar years. When reporting the \u201cI\u201d grade, faculty will include the alternative grade that the student has earned, factoring in all of the course requirements, e.g (B) (C) (D) or (F). If the student does not complete assignments to remove the \u201cI\u201d grade during the next semester of enrollment, the alternative grade will be the final grade. 45 Students receiving veterans\u2019 benefits are required to adhere to the regulations of the Veterans Administration in addition to those requirements set by the university for all students. An \u201cIP\u201d (in progress) grade is assigned in instances in which the academic term has ended and all academic work has not been completed for the course or a final grade has not been assigned or received. This grade is only used for cross-enrolled courses and/or courses resulting in the completion of a thesis, dissertation or extensive coursework. This grade is not to be assigned in the place of an \u201cI\u201d (incomplete) grade. Students receiving veteran\u2019s benefits are required to adhere to the regulations of the Veterans Administration in addition to those requirements set by the university for all students The grade point average may be computed by dividing the total number of hours into the total number of quality points Student classification requires satisfactory performance on basic skills and subject knowledge examinations as are deemed appropriate by the university as well as the successful completion of a required number of semester hours. To advance from freshman to sophomore, from sophomore to junior, and from junior to senior, a student must demonstrate satisfactory performance on all required examinations and have successfully completed the following number of hours: Freshman \u2013 Fewer than 32 semester hours Sophomore \u2013 32 semester hours Junior \u2013 63 semester hours Senior \u2013 93 semester hours . Currently, this policy is suspended until further notice. Students entering Alabama State University are expected to achieve a prescribed level of competency in reading. The minimum level of competency expected is 13.0 on a designated standardized reading test. Currently, the Nelson-Denny Reading Test is being used. Students who score below the 13.0 grade level must satisfactorily complete designated reading courses. Students scoring 8.9 and below must enroll in Reading 120; students scoring 9.0-10.9 must enroll in Reading 130; students scoring 11.0 to 12.9 must complete Reading 132. Students must enroll in the appropriate reading course during their first semester of entry into the university, and they must re-enroll in a designated reading course each subsequent semester until the reading requirement is met. This policy applies to freshmen and transfer students. Students must satisfy the reading requirement prior to filing for graduation. Contact your adviser; this policy may be revised. 46 Currently, this policy is suspended until further notice student who is enrolled in a program leading to the bachelor\u2019s degree must pass the English Proficiency Examination in order to graduate from Alabama State University. It must be taken prior to admission to a degree-granting program. The examination is administered twice each semester. Students should arrange to take this examination in the semester following completion of the freshman English requirement. Transfer students are expected to take the English Proficiency Examination during their first semester of residence, if freshman English has been completed. Students who do not pass the examination after two attempts must take English 135, Elements of writing, prior to taking the English Proficiency Examination for the third time (non- degree credit). Students must pass the English Proficiency Exam prior to registering for the Baccalaureate Writing Competency Test (BWCT) and filing for graduation. Contact your adviser; this policy may be revised Currently, this policy is suspended until further notice. The purpose of the Baccalaureate Writing Competency Test is to ascertain that students are able to write with proficiency in their degree areas before they graduate. Although students must pass the English Proficiency Examination (EPE) after completion of freshman English, That test essentially ensures that students are capable of producing a written document that conforms to the standards of basic written composition. The does not measure any higher- level writing and essay skills. The calls for students to write a reasonably sophisticated essay on a topic from their academic discipline. The is given once each semester, including the summer session. Students who fail the must provide documentation that they have attended or participated in whatever form of remediation is recommended by their advisers/departments for a period of at least 30 days before they may be certified to register to retake the test copy of that documentation must be attached to the registration form and verified by the adviser. If the failure is due to weaknesses in writing skills, students will report to the University College Writing Center. Laboratory instructors will request the student\u2019s booklet from the University Testing Center and, together with the student, plan a program of remediation. When the remediation is complete, students must get a signed statement from the lab instructor certifying satisfactory completion, and must include the certification with their registration to retake the exam. If the failure is due to weaknesses in the support section of the essay, the students will be assigned by the applicable department chair to an instructor to help them develop support material for various topics. In this case, students must present certification from the instructor verifying that the remediation has been completed as a part of their registration to retake the exam. Authorized retakes are administered only on normally scheduled dates and are not given at any other times. Students observed using unauthorized materials or otherwise cheating on the will automatically receive a failing score and may be prohibited from retaking the test for one year or more. Additionally, such incidents may be referred for further disposition under the academic dishonesty provisions of the student handbook. Students must pass the to be eligible to register for and take the BWCT. Students should take the in their junior year. The is a graduation requirement. No student 47 may receive a degree from until he or she has satisfactorily passed the BWCT. Contact your adviser; this policy may be revised student is allowed to graduate with a double major if he or she has met all requirements for both majors and of the colleges or schools in which those majors are offered. After all requirements have been fulfilled, the major may be registered on the student\u2019s transcript. This may not be interpreted as meeting the requirements of a second degree. The student may select the college or school from which the degree is to be awarded In order to earn a second baccalaureate degree after completion of the first degree, a student must: 1. earn a minimum of 30 semester hours at Alabama State University, 2. have been a full-time Alabama State University student for two semesters, and 3. have met all academic requirements for the degree sought as stipulated in the undergraduate catalog at the time of enrollment in the second degree program The university will release a diploma to a candidate who has satisfied all requirements of the university for graduation at the convocation on the date shown on the diploma. The deadline date for clearing any academic deficiencies is five days prior to commencement graduation fee is payable to the cashier\u2019s office during the graduation application period. If a student is in default on any payment due the university, his or her diploma and academic record will not be issued until the matter is cleared student whose work is unsatisfactory for any reason shall receive a final grade of \u201cF\u201d for the course. In order to receive credit, he or she shall repeat the course in residence at this university The official academic record is a record of the student\u2019s experience, family background, aptitudes and interests. The record indicates previous academic enrollment competencies achieved and all work pursued at the institution. Academic transcripts may be photocopied or reproduced in their entirely via computer. The records are well-designed to ensure that all necessary information is included. Students\u2019 academic records contain the following data: Identification of the Institution 48 Name Location: City, State code Identification of the Student Name Address Date of Birth Place of Birth Identification Number Basis of Admission Secondary School Graduation Name, Location of School Date of Graduation Previous Higher Education-Undergraduate Name, Location of Institution Period of Attendance Previous Higher Education-Graduate Name, Location of Institution Period of Attendance Date of Graduation Degree Received Area of Study (at time of graduation) College, School or Division Program or Major Minor Record of Work Pursued Dates of Attendance Course Identification Amount of Credit Grades and Grade Points Course Description Demonstrated Competencies Source or Type of Credit Termination Status Statement of Graduation Status at Time of Last Attendance Academic Status: Good Standing Academic Probation Academic Suspension Academic Dismissal Final grades will no longer be mailed to students at the completion of the semester. Final grades must be viewed via Hornet\u2019s Web at Grades reported by instructors to the registrar may not be changed, except in case of error in recording or in evaluation grade, once reported, may be changed only with the concurrence of 49 the instructor, dean and vice president for academic affairs and each such change shall be supported by written justification student may repeat a course in which a grade of or is received. The first or grade will be excluded or \u201cforgiven,\u201d from the cumulative grade point average (GPA) calculation. The highest grade received will be the grade used in computing the cumulative grade point average on the first repetition attempt. If a course is repeated more than once, all subsequent grades received in the repeated course will be calculated in the cumulative grade point average, including a or grade student may repeat a course in which a grade of is received with the approval of the dean of the college involved student may not repeat a course after graduation in order to alter the cumulative grade point average after the degree has been conferred. The repetition policy may be applied only one time per course. No course can be used more than once toward degree requirements, unless the course is specifically designated by the department as a repeatable credit It is a student\u2019s responsibility to make certain that accurate address information is on file at all times. You may update your address at the Office of the Registrar in person, by letter or by faxing the information to (334) 834-0336. Different addresses can be maintained in your electronic file. However, you must provide specific address data and instructions to ensure accuracy of this information. The most commonly used addresses are: LOCAL: This is your address in the Montgomery area. Semester-specific mailings are sent to this address (e.g., bills, registration information, financial disbursement HOME: This is the address to which semester grade reports and bills will be sent. In some cases this may be the same as the local address (Local): This is the residence hall address if you are living on campus. PARENT/GUARDIAN: Specific mailings are sent to this address Academic eligibility requirements for continuation in residence are c a l c u l a t e d on Alabama State University course work. Academic probation is a scholastic warning, indicating that the student is in danger of being suspended student on probation can continue his or her enrollment without interruption. Academic suspension is a status that bars a student from continued enrollment at the university for one regular semester.For example, Students placed on academic suspension at the end of the spring semester are not eligible for re-enrollment for any term, including the summer term, until the next spring semester student is in good academic standing if he or she is not on academic probation, suspension or dismissal. 50 student (including a freshman) will be placed on academic probation whenever his or her cumulative grade point average at Alabama State University is less than the grade point averages identified below for the applicable level of cumulative graded hours: Cumulative Graded Hours1 GPA2 0 - 31 1.50 32 - 62 1.81 63 - 92 1.87 More than 92 2.00 1Cumulative graded hours include hours attempted at and hours transferred from any other institution(s). 2Only the cumulative earned at will be used to determine the probation and suspension status (regardless of what the overall may be for transfer students student may clear probation by elevating the cumulative grade point average to a level equal to or greater than those identified above for the applicable class level. Credits and grades earned at another institution may not be used to clear probation. Students with academic deficiencies are encouraged to enroll in the summer term student (including a freshman) will be suspended for a regular semester if his or her cumulative grade point average at the end of a term places him or her on probation and that probationary status is not cleared at the end of the next term enrolled student will not be suspended at the end of a term in which he or she completes a full-time course load and earns a 2.0 (C) term grade point average, but will be continued on probation unless his or her probationary status has been cleared. Upon return from a suspension, academic status will be determined by the aforementioned probationary standards. No credit earned at another institution by a student on suspension from will be used in clearing a suspension or in meeting requirements for an Alabama State University degree student who receives a second suspension will be subject to academic dismissal. Academic dismissal does not imply future reinstatement; nor does academic dismissal mean that a person is forever barred from attending Alabama State University. Students may apply for reinstatement after remaining out of Alabama State University for a minimum of two regular semesters. Dismissed students are not eligible to apply for readmission for summer terms, until he or she has remained out of Alabama State University for two regular terms. The application for readmission must be accompanied with evidence that the student is likely to succeed upon readmission. 51 An academically suspended or dismissed student who has incomplete or other deferred grades which could, when cleared, remove his or her suspension or dismissal, will be given until the end of the program change period of the next semester to remove his or her suspension or dismissal. No credit earned at another institution by a student on academic suspension or dismissal will be used in clearing a suspension or dismissal or in meeting requirements for an degree. Reinstatement after Dismissal student seeking reinstatement after dismissal must complete an application for readmission and must petition the Academic Standards Committee through the Office of Records and Registration. The application for readmission must be accompanied with evidence that the student is likely to succeed upon readmission. Applications for readmission are available from Records and Registration. The application and letter of petition must be submitted at least 30 days prior to the semester in which the student seeks readmission Degrees with honors are conferred according to the following index of cumulative averages: 3.75-4.00 ......................................................... Summa Cum Laude 3.50-3.74 ......................................................... Magna Cum Laude 3.00-3.49 ......................................................... Cum Laude The prediction of honors is based on the cumulative recorded at the time diplomas are ordered. Degrees with honors are also conferred on students who complete the general University Honors Program and college honors requirement Alabama State University offers an honors program that is designed to challenge the academically strong and talented student. The objectives of the program are: 1. to provide opportunities for capable students to pursue outstanding and independent academic achievement. 2. to offer opportunities for capable students to expand the breadth and depth of their educational experience beyond the standard curriculum. 3. to encourage accelerated students to develop their maximum potential. Interested students are invited to inquire about the program in the Office of Academic Affairs, Room 118, Councill Hall (Semester Honor Roll full-time student (minimum of 15 semester hours) passing all credit work carried during a semester and attaining a scholastic record of 3.0 for the semester may be designated an honor student for that semester. These academic honors will be made a part of the student\u2019s permanent record. 52 No student is eligible for admission to who is under academic or social dismissal or suspension from another university. Likewise, no credits earned by an student while on either academic or social dismissal or suspension from will be accepted student currently enrolled at Alabama State University and planning to attend another institution as a transient student must receive written permission from his or her academic adviser, department chairperson and dean prior to actual enrollment. Failure to do so will jeopardize the acceptance of transient credits by ASU. In order to receive transient credit, a student must be in good academic standing. To determine the acceptability of the credits, an official transcript must be sent by the institution to the Office of Records and Registration at Alabama State University. The request for the transcript must be made by the student. While approval may be given to enroll in the course(s), candidates for the bachelor\u2019s degree must earn their last 30 hours at the university, unless excused by their dean. Approval is given on a semester basis. The total course load (transient and/or cross-enrolled credits plus on-campus credits) must not exceed the maximum load allowed for a regular semester or summer term. An eligible transient student will not receive any semester hours of credit for college-level course work completed with a grade less than \u201cC.\u2019\u2019 In addition, the university from which the credit is transferred must be fully accredited by the cognizant regional accrediting association. Transient credit forms are available in the Office of Records and Registration in the Student Services Center Official withdrawal from the university must be filed in the Office of Records and Registration grade of \u201cW\u201d is recorded for all courses when the student completes the withdrawal form and returns it to the Office of Records and Registration grade of \u201cWF\u201d is recorded for courses for which the student is registered when he or she fails to complete the withdrawal form. Withdrawal from the university must take place by the last day of classes Transcripts and grade information will be released according to the guidelines of the Family Rights and Privacy Act. The Office of Records and Registration will make available as a continuing service the official academic record or transcript and its supporting personnel folder to the student within a reasonable time, under no circumstances to exceed seven days. The student must be able to present proper identification (student card). 53 (FERPA) Alabama State University complies with the provisions of the Family Educational Rights and Privacy Act of 1974, as amended. The Family Educational Rights and Privacy Act (FERPA) afford students certain rights with respect to their education records. These rights include: 1. The right to inspect and review the student's education records within 45 days of the day the Alabama State University (ASU) receives a request for access student should submit to the registrar a written request that identifies the record(s) the student wishes to inspect. The official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed. 2. The right to request the amendment of the student\u2019s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student\u2019s privacy rights under student who wishes to ask to amend a record should write the official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. If decides not to amend the record as requested will notify the student in writing of the decision and the student\u2019s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing. 3. The right to provide written consent before discloses personally identifiable information from the student's education records, except to the extent that authorizes disclosure without consent discloses education records without a student\u2019s prior written consent under the exception for disclosure to school officials with legitimate educational interests school official is a person employed by in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the has contracted as its agent to provide a service instead of using ASU\u2019s employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for ASU. Upon request also discloses education records without consent to officials of another school in which a student seeks or intends to enroll requires an institution to make a reasonable attempt to notify each student of these disclosures unless the institution states in its annual notification that it intends to forward records on request. 4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by to comply with the requirements of FERPA. The name and address of the Office that administers is: Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue Washington 20202-5901 54 Alabama State University students who are called to active duty during a term when they are enrolled will be counseled on the options they may pursue, depending upon when the call is received. 1. If it is not very late in the term, the student will have the option of withdrawing with full refund of tuition and required fees and a proportionate refund of room and board. 2. The student may withdraw from the course(s) and leave tuition and fees paid as full credit for use upon re-enrolling at the university. 3. If the call to duty occurs close to the end of the term, the student may be permitted to take the final examinations early and receive full credit for the course(s). 4. If it is late in the term and the student does not wish to complete the final examinations, he or she may opt for either receiving \u201cincompletes\u201d in the course(s) or withdrawing under item \u201c2\u201d above. It is, therefore, the university\u2019s policy to take every reasonable step to ensure that the student is not penalized by the university as the result of the call to active military duty Veterans receiving benefits, who are enrolled on the main campus and at the off- campus sites, must take courses in their academic programs, complete the veterans\u2019 registration information from each semester, and notify the Veterans Services Officer immediately of any schedule changes. All changes in student status that affect changes in benefit entitlement will be reported to the Veterans Administration veteran or veteran\u2019s dependent enrolled in an associate degree program, upon the accumulation of 53 hours, must maintain a 2.00 cumulative grade point average or lose benefits The university offers no correspondence courses. It accepts credits that may be earned by students through extension and correspondence courses from recognized institutions under the following conditions: 1. Credit for extension and correspondence courses is given only for undergraduate courses and only when it is possible to establish fair equivalency. 2. Not more than nine credits may be earned through extension courses in any one year. 3. Not more than one-fourth of the credits necessary for a degree may be secured through successful completion of extension or correspondence courses. Under special conditions, exceptions may be made for students in the Servicemen\u2019s Opportunity College Program. 4. Not more than one-fourth of the credits required by any department may be satisfied through extension or correspondence courses. 5. Students who are regularly enrolled at the university may not obtain credit through extension or correspondence courses. 55 6. Students who are under academic or disciplinary probation or suspension may not obtain credit through completion of extension or correspondence courses. 7. Credit may not be earned in summer months through extension or correspondence courses. 8. Since it is necessary for students who expect to earn a degree to be in residence during their final term, no extension or correspondence credits may be earned during this term. 9. Requirements for courses which may have been failed at the university or at other institutions may not be satisfied through extension or correspondence courses. 10. No partial credit is given for participation in an extension or correspondence course program candidate for the bachelor\u2019s degree must: 1. Earn not fewer than 120 semester hours in a planned program of study. 2. Satisfy the reading requirement stipulated by the university reading policy.* 3. Pass the English Proficiency Examination, the Alabama State University Baccalaureate Writing Competency Examination and other tests as are prescribed by the college or school in which candidate is enrolled.* 4. Make application for graduation through the office of the registrar according to the dates outlined in the class schedule book. 5. Earn the last 30 hours at the university, unless excused by the dean of the college in which the candidate is enrolled. 6. Earn at least 25 percent of the credits required in the curriculum at the university. 7. Earn a cumulative grade point average of at least 2.0 (C). 8. Earn a grade of \u201cC\u201d or higher in all major field courses. 9. Earn a grade of \u201cC\u201d or higher in all core courses required for the degree. 10. Earn a grade of \u201cC\u201d or higher in selected minor field courses. 11. Pass a senior comprehensive examination in the major field. 12. Complete all requirements for the degree to be conferred. 13. Satisfy the faculty of the college or school that the candidate is a suitable representative of Alabama State University. 14. Fulfill all financial obligations to the university. *Note: Contact your adviser regarding the exit exams. These policies may be revised Degree requirements and other university regulations are established by the catalog current at the time of initial enrollment, and the student is entitled to complete requirements under the catalog within an eight-year period. The student may elect to satisfy requirements under the latest catalog, provided all requirements of the current catalog elected are satisfied within an eight-year period. Students who fail to complete requirements under one catalog within the eight- year period must fulfill requirements of the current catalog. Students whose eight-year catalog entitlement expires as a result of discontinued enrollment are subject to the requirements of the catalog current at the time of re-enrollment. 56 Students who transfer to another institution lose entitlement under the catalog of initial entry and, upon readmission, are governed by the catalog current at that time. The institution reserves the right to correct, alter, amend or modify any item contained in the catalog. Any such changes will be shown in the schedule book of classes or in the correction sheet to the schedule book and on the student\u2019s individual program of study (graduation checklist). *Candidates for graduate degrees must: 1. Complete all requirements set forth by the faculty of the college or school which offers the degree. 2. Complete all work within a time limitation of eight years. 3. Make application for graduation through the Office of the Registrar. 4. Fulfill all financial obligations to the university. * See graduate catalog. Curriculum changes made pursuant to federal and state governmental agencies are exceptions to the student\u2019s entitlement to complete requirements under the catalog current at the time of initial enrollment Qualified non-education undergraduate students may enroll for graduate credit in courses numbered 500 and above in special cases. Work taken by undergraduates may be applied toward a graduate degree only if: 1. working on a Master of Science degree (non-education); 2. approval is obtained from the chair of the student\u2019s undergraduate department, the dean of the student\u2019s undergraduate department, the chairperson of the selected graduated class and the signature of the graduate dean; 3. the student is eligible for admission as a prospective graduate student (has of 2.5 or better); 4. in reviewing undergraduate records, the student has demonstrated him or herself to be capable of performing graduate level work in the area identified; 5. this privilege is exercised only during the senior year for a maximum of 6 hours. The student may qualify for this privilege by securing the required signatures on the Senior Privilege form (available from the Graduate School), and returning it with a properly signed and approved Schedule Request form to the Graduate School for the dean to initial and copy prior to registering. The total undergraduate and graduate load for a student shall not exceed 12 hours per semester To qualify for graduation, all academic deficiencies must be cleared five days prior to the commencement date Academic advisement and enrollment at Alabama State University are continuous and may be completed during the dates listed on the composite class schedule. This program provides the student with information and direction as to selection of a major, graduation requirements and other information pertaining to the academic area. The enrollment of the student is based on agreement between the student and the academic adviser, who is a member of the Academic 57 Advisement Center staff. Each adviser assists matriculating students in selecting appropriate courses during registration; advises students on the authorization of repeat and add and drop procedure; monitors and records academic progress of each student on appropriate forms; assists each student in the selection of a major area of study that coincides with the student\u2019s career goals; recommends student transfer based on criteria from the chair; and makes monthly reports to department chairs While Alabama State University will endeavor to provide timely, helpful and accurate advisement, it is the responsibility of the student to know and to satisfy the degree requirements of his or her academic program. 58 The ultimate objective of all counseling services is to provide students with opportunities for increasing their life skills to complement their academic development. The Counseling Center is a student-centered nurturing unit that assists students in developing positive coping skills that will enable them to effectively solve problems, resolve conflicts, and make informed decisions that will enhance their emotional and social well-being as they prepare to become members of a diverse global society. The Counseling Center, a unit of the Division of Student Affairs, offers the following services: A. Individual (Personal) Counseling: provides access to confidential counseling sessions for students to discuss difficulties, thoughts, feelings or concerns with a professional counseling staff that will assist them with learning to solve or cope with personal problems. B. Group Counseling: provides access to opportunities for students to participate with peers and professionals in exploring and redirecting feelings, behaviors and other life challenges in a supportive environment to gain clarification, feedback and to plan appropriate behavioral changes. C. 24 Hour On-Call Crisis Counseling: provides access to on-call crisis counseling services to students after regular office hours and on weekends. Extreme psychological problems requiring medication or hospitalization are referred by the campus physician to the appropriate medical and or mental health professionals in the community. D. Consultation and Outreach Services: provide programs and forums for students in the following areas; communication skills, test anxiety, grief, stress management, self esteem, test-taking skills, study skills, time management, sexual assault, relationships, domestic violence, roommate challenges, HIV/AIDS, Alcohol and Drug Awareness. E. Internship and Leadership Training: provide supervised practicum/internship training for graduate students pursuing a degree in counseling. F. Special Programs and Services: are designed to meet the needs of our sub- group student populations, such as commuter and nontraditional with community resources such as housing, transportation, childcare, and food stamp applications for those who meet the financial and housing requirements. G. Special Groups: Anger Management, Alcohol/Drug Intervention Programs are provided for students mandated to participate as one alternate for disciplinary violations. These students are referred by the Judicial Affairs Office in Student Affairs. P.A.T./Peers Advocating Tolerance is a support group composed of students whose task is to assist the counseling center with promoting and advocating tolerance to all students. This group serves as an advocate for our gay/straight alliance. Counselor Is In: This program provides direct in-residence counseling services to students who reside in the freshman and sophomore residence halls. The counselors are in the designated halls three evenings a week throughout the semester. 59 Alabama State University is firmly committed to the principle of providing equal educational opportunities for individuals with disabilities in compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Our policies, programs and activities are designed to ensure that all facilities are available to students with disabilities in the most appropriate integrated setting. We are further committed to the identification and removal of any and all existing barriers that prevent disabled students from enjoying any rights and privileges, advantages, or opportunities enjoyed by nondisabled persons. Questions that may arise regarding university compliance and/or requests for reasonable accommodations should be directed to Disability Services, Alabama State University, P.O. Box 271, Montgomery 36101- 0271; (334) 229-4241 or (334) 229-5127. Instructions and information are provided during the orientation period that takes place at the beginning of each semester. Included is an introduction to services available to students with disabilities and the process to obtain reasonable accommodations. Students must self-identify each semester in order to receive accommodations, and are encouraged to do so at the beginning of each semester. Reasonable accommodations will be provided for individuals qualifying under the Americans with Disabilities Act and other state and federal laws and regulations based on presenting appropriate documentation of disability from by a professional, depending on the type of disability. The service is dependent upon verifiable student needs. Examples of services provided or coordinated include note-takers, scribes, print enlargers, provision of keys to elevators, special housing accommodations, etc. Students with documented special needs who intend to enroll in Alabama State University should contact the Office of Disability Services. In the event a student with a disability finds that an academic program is located in an inaccessible facility, the student should report it to Disability Services, which will work with the appropriate campus official to effect reasonable accommodations Career Services exists primarily to assist students and graduates in their search for the most meaningful and satisfying careers by counseling, guidance and encouragement in job selection and analysis, and by providing information necessary for making individual decisions. With the great increase in competition for positions requiring college/university degrees, students are encouraged to get involved in the career planning and development process as early as their freshman year. Educational decisions should be influenced in part by career aspirations. The following services are available to all undergraduates of Alabama State University: registration of all students without regard to classification; career counseling (by appointment); vocational interest inventories; career and graduate information; career library; resume- and letter- writing; interview techniques and skills; mock interview and mentor program; part-time, full-time and summer job opportunities; cooperative education and internship opportunities; on- campus interviewing; career day fairs; career-related workshops and seminars; and college placement annuals and other career-related magazines (no charge). Career Resources. Among the resources available in the Career Library are books and articles on career planning, current information on career opportunities, graduate school catalogs, 60 job search directories, employer literature on hundreds of companies and videotapes on career- related subjects. Career Programs and Workshops. The staff conducts a variety of seminars and workshops in collaboration with academic departments, interested campus organizations and professional organizations. Workshops are focused on resume writing, interviewing techniques, job-search strategies, business and table etiquette. Individual Consultation. Students are encouraged to meet with career counselors to discuss their career options and goals, individual job-search strategies, effective interviewing skills and related interests. On-campus Interviewing. Staff members work with organizations from education, business, industry, and governmental agencies that come to campus to recruit seniors and graduate students for permanent employment. The Office of Career Services assists students at any point during the college years to analyze interests, aptitudes, personal traits, desired lifestyles, and to obtain occupational information including, where possible, exploratory experiences such as cooperative education, internships, externships and summer and part-time jobs The Cooperative Education Program is open to majors in all disciplines offered at the university. The program\u2019s objective is a balanced education, in which occupational experience is an integral part of formal education, and theory is blended with practice. The program is an alternating sequence of classroom learning and on-the-job application of classroom theories within a firm or organization, usually with the student as a paid employee. The ultimate objectives of the program are to demonstrate the relevance of classroom work to the student\u2019s career goals; to bring business, industry and government agencies closer to the educational program of the university; and to have graduates absorbed into permanent positions with leading employers. Various organizations have joined the university as cooperative employers. To be eligible for Cooperative Education Program consideration, a student must be enrolled full time; be at least a sophomore; have a of 2.50 or higher; obtain the signed recommendations of the appropriate departmental dean and two faculty members; and complete three co-op information sessions with the co-op coordinator or designee. Selections for Cooperative Education Training assignments are made as a result of inter- views. The student (co-op candidate) must be available for 40 hours a week of supervised on- the-job training. Most training locations are situated outside the state of Alabama, and training assignments occur any time during the year, not just during the summer. During each training assignment, the student must be enrolled in an appropriate university-approved co-op course that entitles him or her to full-time student status. In addition to tuition, a co-op fee is also required for each co-op course enrollment. Students selected for co-op training assignments must be available for two different training assignments on a semester basis maximum of nine elective semester-hours credit may be earned by participation in the Cooperative Education Program. With special permission of the 61 co-op director and the appropriate academic dean, additional experiences and training may be obtained The mission of the Office of Diversity and International Affairs (DIA) is to provide quality programs, educational services for all students and scholars with diverse cultures. The office serves as the chief advocate for these groups and play a key role in efforts to encourage a global perspective for all in our campus community. Likewise, the office works to offer cross-cultural programming and information to enhance the global mission of the University. Students, scholars, faculty and staff continue to be involved in a variety of inclusive programing and intercultural dialogue with affiliated student organizations and the broader community Upon enrolling in Alabama State University, each student is provided a website link to The PILOT, the official student handbook, which articulates students\u2019 rights and responsibilities. This booklet contains a compilation of university, federal, state and local policies and regulations. It also endeavors to describe standards of conduct in a manner which will provide fair notice of what is expected and what is forbidden of each member of the university community. It also describes the traditions of the university student who requires a hard copy or more accessible form of PILOT, should make an inquiry to the Office of Student Affairs, Room 108, McGehee Hall. Each student is held responsible for official information published in the university catalog and other university publications, as well as notices and announcements placed on bulletin boards or campus television monitors Alabama State University complies with the provisions of the Family Educational Rights and Privacy Act of 1974, as amended student may request, in writing, access to his or her educational record, and such access will be granted within a reasonable time, but in no instance later than 30 days. The university will not release information contained in a student\u2019s educational record except upon written consent of the student, signed and dated, and stating the specifications of the records to be released and the names of the parties to whom the records are released, except to parents who claim the student for income tax purposes. Without such consent, the university shall not release educational records or personally identifiable information to any party other than university officials who have been determined to have a legitimate interest, lawfully authorized parties or appropriate persons in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of other persons school official is a person employed by the university in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the university has contracted (such as an attorney, auditor or collection agent); a person serving on the board of trustees; or a student 62 serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. For directory purposes, the university will make available without consent such general information as names of students, addresses, telephone numbers, ages, degrees received, and the heights and weights of members of athletic teams. For further information, contact the Office of Records and Registration in the Student Services Center Federal Work Study (FWS) students must adhere to the regulations of the Family Educational Rights and Privacy Act when handling students\u2019 confidential or academic records. Upon being assigned to an area students should be counseled by the department head or the supervisor regarding the handling of student records. They must be cautioned against releasing non-directory information or discussing information from source documents such as instructor grade books, grade rosters or computer terminals. They must be warned that any violation of the Privacy Act will warrant loss of their work position and possible expulsion from Admission to the university and/or payment of the $200 housing deposit does not guarantee on-campus housing $200 PERIOD. Space in the residence halls is limited and is assigned after admission/deposit requirements have been met. Deposits received before admission has been granted will receive no special consideration for an assignment. Deposits will not be accepted after the limited number of spaces is exhausted. The application for housing and the $200 reservation deposit are to be submitted to the Director of Housing and Residential Life. (Note: Be sure to include your Social Security number with all payments to the university.) Cash by mail is not accepted. For additional information, please contact the Director of Housing and Residential Life, Alabama State University, P.O. Box 271, Montgomery 36101-0271; (334) 229-4860 DEPOSIT. 63 Reservation Deposit: $200 HOUSING. This deposit is and is credited to first semester charges for students attending the university. The deposit is due on or before May 31 for the fall semester. For a student entering during the spring semester or summer session, the deposit must be paid by Sept. 30 or Jan. 31, respectively. These room reservation fees are accepted on a first-come, first-served basis, based on availability of university housing. Property Fee Deposit property damage fee deposit in the amount of $150, payable at the time of registration, is required of all students to cover damages or losses occurring in the residence halls or to other university property. Upon request, this fee, less any charges, is always refunded upon official withdrawal or upon graduation. Room Key Deposit key deposit is not required of residence hall students. In the event of a lost/stolen key, the student will be charged the cost for a new key and door lock Living at Alabama State University is an integral part of the student\u2019s educational experience. Buildings are designed to complement a living and learning atmosphere. Each of the 11 well-equipped residence units maintains a living environment that sharpens the competencies expected and required of maturing students. Residence halls are locked from the outside at 1:00 a.m. for the protection of the students, although with proper identification, residents will be admitted to their residence by ringing the door bell after 1:00 a.m. The Department of Housing and Residential Life is committed to the development of the residential student. The residence halls serve as our \u201cclassroom\u201d which provides an excellent setting to assist with the educational process. Through the development of student government within each housing unit, men and women have opportunities to participate in self- government and in a co-curricular activity program. Professional staff members in each hall assist students in planning activities that promote their personal development. Residence halls are equipped with single beds, chests of drawers, desks, study lamps, wastebaskets, chairs, draperies, mattresses and mattress covers. Coin-operated machines are available to students for personal laundering in some halls. Meals, prepared under the direction of experienced food service personnel, are served in a modern equipped coeducational dining room in close proximity to each residence hall. Every effort is made to provide a balanced, high-quality diet for the student. 64 All students who reside in university residence halls are required to sign a contract for room and board and are obligated to observe the terms and conditions of that contract for the academic year. Students who complete contractual residence hall agreements should have the understanding that it covers room and board. No exceptions will be made. Meal service is optional for those students living in McGinty Apartments only. Permission to leave a residence hall while under contract is granted in extreme emergencies and only by the vice president for student affairs. If permission is granted, the student must withdraw properly by executing a withdrawal clearance through the Housing Office in the Student Services Center..Upon withdrawal, full rent charges are assessed; board is prorated breach of the contract exists whenever a student fails to maintain full-time student status (12 credit hours). All residence hall fee payments for room and board are payable by the year or the semester. In any instance, payment must be made to the Cashier\u2019s Office, Alabama State University, P.O. Box 271, Montgomery 36101-0271. University residence hall contracts are offered and assignments made to university students on equal terms, without regard to race, religion, color, sex, disability or national origin. The university operates no coeducational halls, and its separate residence halls for men and women does not provide facilities for guest visitation. The room and board contract includes three meals a day, except Saturday and Sunday, when only two meals, brunch and dinner, are served. An optional 15-meal per week plan is available for juniors and seniors. If a student loses a meal card, a charge will be assessed for replacement. Students are responsible for the cost of meals when a card is misplaced or lost. The university does not provide temporary meal cards While the university does not assume the responsibility to provide parking space for the large number of faculty-, staff-, and student-operated vehicles, a number of controls and regulations have been established. The traffic and parking regulations are available in the Traffic and Parking Office, located in the Hardy Center. All motor vehicles operated or parked on the university campus be registered with the Traffic and Parking Office registration fee is assessed yearly to faculty, staff, and students who operate vehicles on the university campus during daytime hours. Visitors and official business callers go to the Traffic and Parking Office parking their vehicles to obtain a temporary or visitor\u2019s parking permit. Lot designation for any vehicle will be assigned by Traffic and Parking officials on the basis of availability. The university assumes no responsibility for the care or protection of any vehicle while it is operated or parked on campus. All vehicles should be locked when left unattended. 65 In accordance with the pronouncement of the U.S. Supreme Court on religion in public education, Alabama State University encourages students to attend the churches of their choice. The university recognizes religion as an important part of students\u2019 lives. As a part of the total effort to provide a nonsectarian but deeply rewarding religious experience, the university also encourages special religiously oriented organizations and services. Interfaith groups with faculty/staff sponsors assemble voluntarily for discussion or for lectures by leaders in the profession The University Bookstore is located in the Student Services Center and offers for sale all required textbooks and reference books, a wide variety of school and art supplies, office supplies, greeting cards, souvenirs, imprinted clothing, and toiletries. All major credit cards are honored for charge sales Food service is available to all students on a board plan. This service consists of 19 well- balanced meals per week. The board plan is required of all students who live in university residence halls. Single meals may be purchased on a cash basis. All meal card students are entitled to use their meal card in the University Snack Bar for missed meals during the board week under the university meal equivalent program. An optional 15 meals per week board plan is available for juniors and seniors. Commuter students may purchase a meal card through the Housing Office with a validated class schedule Health Services supports the university in academia, healthy lifestyles, professional competence and citizenship that steers individual and organizational well-being. The staff is committed to provide high-quality care that is cost-effective and meets the needs of the student. Educational programs are presented to promote wellness, prevent illness and maintain health. Health Services provide services such as allergy shots, diagnostic tests, educational programs, individual counseling, insurance information, limited dental services, psychiatric/emotional care skin tests and readings, treatment of injuries, treatment of sickness, and individual support. In order to be seen by the physician or the nurse, a Student is required for each visit. Walk-ins are welcomed for maximum student convenience. We operate in compliance with the Health Insurance Portability and Accountability Act (HIPAA), which means, all patient medical information is confidential and cannot be shared with anyone without the patient\u2019s authorization. 66 Nurses on Duty Monday and Friday 8:00 a.m. \u2013 5:00 p.m. Tuesday, Wednesday, Thursday 8:00 a.m. \u2013 7:00 p.m Monday through Friday 8:00 a.m. \u2013 5:00 p.m MON., TUES., THURS., FRI., 9:00 a.m. \u2013 10:45 a.m. The charges for medicines and supplies are billed to the student\u2019s account. Students should report to the Health Center as soon as possible when sick or injured. Students are encouraged to visit between classes when possible. Report of Health Evaluation Form: All students are required to submit completed Health Evaluation Forms to the Health Center. The American College Health Association recommends all first-year students living in residence halls get immunized against meningococcal disease. Meningitis is a disease that causes severe swelling of the brain and spinal cord. Insurance: All enrolled students are covered by the Accident and Sickness Insurance Plan (included in tuition). This policy will cover some inpatient and outpatient medical/surgical ser- vices. The insurance also, carries a life insurance policy on each student. Boarding students may pick up their insurance brochures and cards at the residence hall office. General Information skin tests are available to students upon request on Mondays, Tuesdays or Wednesdays. Students who live on campus and have had a surgical procedure performed outside of the University Health Center must follow up with the physician who performed the procedure. You should have documentation that you have been cleared to continue matriculation. Pregnancy Policy: For health and safety reasons, a student who is pregnant should notify the Director of Health Services of her condition as soon as the pregnancy is confirmed. To avoid any possible damage to the patient or unborn child, we do not provide Health Care Services to students who are pregnant. The student who is expecting should consult with a prenatal provider concerning pregnancy, illness, medication, etc. Referral information is available to all pregnant students; therefore, we request you talk with the physician or a nurse for additional information. Pregnant students (as with any student) who reside in residence halls should be emotionally and physically able to carry on all routine in-residence hall activities \u2013 i.e., using dining hall facilities, going to class, performing hygiene chores, activities of daily living without unusual assistance during and after pregnancy Policy: Alabama State University endorses the statement of the American College Health Association\u2019s recommendations and guidelines for institutional policies for higher education on Acquired Immunodeficiency Syndrome (AIDS). Therefore, the university does not discriminate in its practices for those persons with or HIV. Support services are avail- able to concerned individuals through University Health Services and Counseling Services. 67 With the vision of the unique purpose and mission of Alabama State University, the Division of Student Affairs develops its student life programs together with academic life programs. It is only when there is purposeful intellectual development and co-curricular experiences that the numerous dimensions of the maturing process can and will occur. Through a diversity of planned activities, students participate in social, recreational and cultural activities that enhance personal development. Opportunities are also provided to promote individual initiative, leadership skills, personal character and the responsibilities of democratic citizenship. The voluntarism program is viable and growing. Musical activities of the university are manifested in a variety of programs of general interest and of cultural value to the university and larger community. Musical presentations that display a high degree of professional competence among the university\u2019s faculty and students are exemplified in the successful production of several well-known opera favorites. Within the past few decades, the university\u2019s opera productions have included The Fantasticks, Gloria, and Carmen. Area critics have been highly favorable in their reviews of these productions. Lyceum and guest speaker programs feature noted artists and professional groups, some of whom have included Kweisi Mfume, Dr. Cornell West, Juan Williams, Tavis Smiley, Maya Angelou, Umbabu Dance Company, and George Curry. Small campus musical groups composed of students who take responsibility for the training and the performance of their members are encouraged. Membership in the Marching Hornets, a nationally acclaimed high-stepping marching band, the symphonic band, concert and stage bands, and the University Choir is open to all students through auditions. Opportunity is provided for students in these musical groups to earn academic credit The Student Government Association (SGA) is a particularly rewarding aspect of student life at Alabama State University. Each student, upon enrollment at ASU, becomes a member of the Student Government Association. The student body, through elected officials, has the opportunity to share in policy making and the overall governance of students, general welfare and student concerns at ASU. The is the primary channel through which those students who do avail themselves of the opportunity to participate in university decision making can do so more productively and effectively Nine Greek-letter organizations affiliated with the National Pan-Hellenic Council are chartered on campus. The sororities are Alpha Kappa Alpha, Delta Sigma Theta, Zeta Phi Beta, and Sigma Gamma Rho. 68 The fraternities are Alpha Phi Alpha, Kappa Alpha Psi, Phi Beta Sigma, Omega Psi Phi and Iota Phi Theta The following national honor societies have chapters on the Alabama State University campus: Alpha Kappa Delta, sociology society Alpha Kappa Mu, general scholarship society Alpha Kappa Psi, professional business fraternity Beta Kappa Chi, science and mathematics society Delta Mu Delta, national honor society for business administration majors Delta Omicron, professional music sorority Epsilon Tau Sigma National Honor Society of the National Society of Allied Health Kappa Delta Pi, educational honor society Kappa Kappa Psi, professional fraternity for band members Phi Delta Kappa, professional education fraternity Phi Mu Alpha Sinfonia, professional music fraternity Phi Eta Sigma, freshman honor society Pi Gamma Mu, professional social science society Phi Mu Epsilon, honorary mathematics fraternity Tau Beta Sigma, music organization Tau Sigma Delta, English honor society Collegiate Secretaries International, organization for secretaries Society for the Advancement of Management, professional organization for business majors Many clubs and organizations are academic, departmental, or major oriented. Some of these groups are: Library Education, French, Accounting, Criminal Justice, Phi Sigma Rho Mathematics Club, Collegiate Secretaries International, Art Club, Alpha Phi Omega Dramatics Guild, Myles A. Paige Social Science Club, Joseph M. Brittain History and Political Science Club, the American Marketing Association Student Club, Air University Angel Flight, Arnold Air Society and Pi Sigma Alpha Political Science Honor Society The university provides library facilities and services to its faculty, students, staff and other library clientele through a centrally located library that houses multimedia learning resources and related services. Located in the Levi Watkins Learning Center, the five-story structure faces the academic mall of the campus and includes the main library, the Curriculum Materials Center, the Center for the Study of Civil Rights and African-American Culture, Special Collections, University Archives, and the Educational Media Center. The library, which is designed to allow access to open stacks on all floors, holds more than 425,000 volumes of printed materials, including books and bound periodicals, a growing collection of microform and media materials, electronic information sources and numerous other multimedia instructional technologies. The library subscribes to over 21,000 serials that include local, national and international newspapers and journals in a variety of formats. The library\u2019s 69 holdings reflect the mission and curriculum of the university, including the university\u2019s historical emphasis on education and its more recent addition of doctoral level programs. The Public Services staff conducts tours and lectures on library use and information literacy. Computer workstations for scholarly research are available to customers in the library and in the library\u2019s Computer Laboratory. The Curriculum Materials Center is located on the second floor of the library and contains multimedia instructional materials supporting teacher education. The Library houses the National Center for the Study of Civil Rights and African- American Culture, which serves as a clearinghouse for preservation and dissemination of information concerning Montgomery, Alabama\u2019s pivotal role in the shaping and development of the modern civil rights movement. The Center fosters research, teaching and learning as an outgrowth of several special collections. These special collections include the Ollie L. Brown African-American Heritage Collection, a compilation of multimedia materials representing the contributions of African-Americans in society, and the University Archives. Of worthy note are the civil rights collections of E.D. Nixon, known as the father of the Montgomery Bus Boycott, and the Montgomery Improvement Association. The Educational Media Center, located on the fifth floor of the library, provides faculty and students with instructional materials and equipment. Other services provided by the Center are circulation of media equipment, graphics services and audio/video production multimedia classroom with computer workstations, located on this floor, supports the University\u2019s distance learning programs and library instruction. The facilities and services of the library are available to all students, faculty, staff and, on a selective basis, to all members of the community. The library holds memberships in the American Library Association, the Southeastern Library Network (SOLINET), the Montgomery Higher Education Consortium, the Network of Alabama Academic Libraries (NAAL), and the Library Alliance. As part of the and consortium, the library has a priority cooperative agreement for interlibrary loan services with other colleges and universities throughout the state and is a participant in resource sharing internationally. 70 Undergraduate and graduate programs at Alabama State University are offered through the following organizations for instruction: University College Department of Advancement Studies W.E.B. Honors Program Trio Program College of Liberal Arts and Social Sciences Department of Communications Department of History and Political Science Department of Languages and Literatures Department of Social Work Department of Criminal Justice and Social Sciences College of Science, Mathematics and Technology Department of Biological Science Department of Mathematics and Computer Science Department of Physical Sciences College of Education Department of Foundations and Psychology Department of Curriculum and Instruction Department of Instructional Support Programs Department of Health, Physical Education and Recreation College of Health Sciences Department of Health Information Management Department of Occupational Therapy Department of Physical Therapy Department of Prosthetics and Orthotics Department of Rehabilitation Studies College of Business Administration Department of Accounting and Finance Department of Computer Information Systems Department of Business Administration College of Visual and Performing Arts Department of Visual Arts Department of Theatre Arts Department of Music Graduate School Division of Aerospace Studies Four-Year Program Department of Military Science (AUM) Basic Program Advanced Program 71 General Studies Area I) Required Courses ...................................................................................................... 6 131 English Composition .......................................................................... 3 132 English Composition .......................................................................... 3 or 140 English Composition (Honors) ........................................................... 3 141 English Composition (Honors) ........................................................... 3 and Area II) Required Courses .................................................................................................... 12 103 The Humanities through the African-American Experience* ............ 3 and 209 Introduction to Literature ** ............................................................... 3 210 Introduction to Literature ** .............................................................. 3 Choose one of the following 131 Art Appreciation ................................................................................... 3 121 Music Appreciation ............................................................................. 3 111 Introduction to Theater Arts ................................................................ 3 122 Introduction to the Study of Music (Music majors only) ..................... 3 Humanities Electives: (Choose one of the following 101 Interdisciplinary Humanities ............................................................... 3 102 Interdisciplinary Humanities ............................................................... 3 200 Voice and Diction ............................................................................... 3 205 Public Speaking .................................................................................. 3 201 Logical Reasoning ............................................................................... 3 **Students satisfying the six semester hours English sequence 209 and 210) are required to complete three semester hours of the history sequence 131 or 132) and may complete the requirement by selecting any other Humanities/Fine Arts courses in Area in addition to 103 Area Required Courses: (8 Hours) .................................................................................... 8 Choose two of the following 127 and 128 General Biology (Including one hour lab course) ........................................................ 3(1), 3(1) or 231 and 232 Physical Science Survey ............................................ 4,4 or 141 and 142 General Chemistry ..................................................... 4,4 or 206 and 207 College Physics.......................................................... 4,4 or 210 and 211 General Physics ......................................................... 4,4 72 Required Courses: (3 Hours) .................................................................................... 3 Choose one of the following 136 Finite Mathematics (Non-science majors and majors) .............. 3 or 137 Precalculus Algebra (Biology Majors/Business and Majors) .................................................................. 3 165 Precalculus Trigonometry Majors)............................................................ 5 265 Calculus and Analytic Geometry and Majors) ...................................................................................... 3*** ***As specified by major area of study Area IV) Required Courses: .................................................................................................. 12 206 World Geography* ............................................................................. 3 and 131 World History** .................................................................................... 3 132 World History** .................................................................................... 3 History, Social and Behavioral Sciences: Choose two of the following 113 Societies Around the World ................................................................ 3 251 Principles of Economics ................................................................... 3 254 Introduction to Economics ................................................................. 3 207 American Government ....................................................................... 3 251 General Psychology ........................................................................... 3 110 Introduction to Sociology ................................................................... 3 *Students originating at requirement. **Students satisfying the six semester hours history sequence 131 and 132) are required to complete three semester hours of the literature sequence 209 and 210) and are only required to take one (1) history, social and behavior sciences elective (Required of Undergraduates) ...................................................... 1 100 Freshman Orientation ......................................................................... 1 ........................................................................... 42 Exempt students are eligible for exit following the first semester of enrollment by earning a of at least 2.0 during that semester (see section on Academic Placement for Entering Freshmen for details on exempt criteria). Unconditionally enrolled transfer students are eligible for exit during the first semester of enrollment. Conditionally enrolled transfer students should meet the regular criteria and apply for regular academic status prior to exit (see section on Transfer Students Admissions Standards for details on transfer criteria). 73 Dr. Evelyn Hodge, Dean University College is the academic unit of the first-year experience for all new students entering Alabama State University through the Orientation Program\u2019s Freshman Experience course. This academic unit provides a firm foundation for life-long learning during students\u2019 earliest time at the University. This is achieved through course offerings and through providing resources and services to support student learning outcomes. Resources and services in University College include: the Department of Advancement Studies, with the Orientation Program, W.E.B. Dubois Honors Program, College Reading Program Programs, and University College Tutorial Support Learning Centers, Additionally, University College is an academic unit which partners with campus units and student support programs to help students have an excellent start. Any student needing instructional support can seek services from academic support units in the college. Therefore, University College\u2019s theme is: Creating Successful Pathways for Life-long Learning Department of Advancement Studies Dr. Parichart G. Thornton, Interim Chair Ms. Thomasina Austin, Ms. Beverly Bassett, Ms. Sandra Campbell, Ms. Anita Casby, Ms. Cynthia Curtis, Dr. John Garland, Mr. Calvin Gatson, Ms. Lynda Humphrey, Ms. Lorena Morris, Mr. Corie Muhammad, Mr. Trevor Muhammad, Mr. David Norwood, Ms. Sondra Obas, Mr. Bernard Sewell, Ms. Cristina Standberry, Ms. Margie Thomas, Ms. Doris Youngblood The Department of Advancement Studies offers developmental courses in math, reading and English. The main goal of this unit is to provide skills and strategies to prepare academically vulnerable students for college level work. Placement is determined by performance on the college entrance examination. Additionally, The Freshman Experience Orientation Program housed in the Department of Advancement Studies is an academic program designed to integrate new students into the academic and cultural community of the University. The Freshman Experience Orientation Program prepares new students for college success and includes test-taking, study skills and life skills. Activities related to life skills such as financial management and setting goals are the focus of this program. Alabama State University Reading Center Ms. Lynda Humphrey, Director The Reading Center is able to provide diagnostic assessment for students who are enrolled in the College Reading Program courses 130 and 132) as well as those students (or classes) who are referred by instructors in the degree-granting colleges. The center offers workshops on reading strategies, test-taking strategies, study skills, and critical thinking. One-on-one tutoring and small group instruction are also provided, with feedback available to instructors, if requested. The center is dedicated to enriching and enlightening the students on social issues and in cultural arenas; we provide poetry, literary excerpts, essays, editorials and periodicals as well as a variety of biographies that students may borrow from the center. 74 Alabama State University Writing Center Dr. Felicia Taylor, Director The central mission of the Writing Center is to encourage, guide, and assist student writers as they work through the writing process to better express or promote individual ideas and thoughts in written form while demonstrating sentence skills, grammatical and mechanical proficiency, and style. One primary goal of the Center is to help students become self-directed, independent, confident writers who are able to understand and use standard American English effectively. Largely, Center instructors and tutors accomplish this feat by actively engaging students in the writing process through a series of measures including skills review, guided practice, online interactive computer quizzes, computer assisted tutorial packages, and independent practice with essay writing assignments. Student Success Programs At ASU, we want every student to succeed. That\u2019s why we offer programs and services aimed at helping all students enter college, get the degree of their choice and graduate to a successful future. Our student success programs include our Honor\u2019s Program, Academic Support Centers, Living and Learning Community, University College High Achievers and Programs DuBois Honors Program Dr. Philip Blackmon, Director The W.E. B. DuBois Honors Program is designed to challenge talented, academically strong students through providing opportunities for outstanding and independent academic achievement and educational experiences beyond the standard curriculum. It also encourages accelerated students to develop and reach their maximum potential and engage in a lifelong commitment to service. Trio Programs Ms. Acquanetta Pinkard, Director Trio Program at Alabama State University consists of Upward Bound, Educational Talent Search (Pre-college programs) and Student Support Services (Collegiate). The Trio\u2019s {re-College programs are responsible for recruiting approximately 796 participant collectively each year. This program provides academic counseling, tutorial services, and college preparatory courses and information dissemination. Many of the students recruited through these programs often enrolled at as a result of the early contact or influence of the University\u2019s staff and resources. Those who enroll at are referred to student Support Services to provide a continuum of the academic support services with a focus on those students entering graduate programs and beyond. Therefore, it is believed or evident that programs have a great impact on the recruitment and retention at the university. Most of the programs in have a bridge program component to University College Entering freshmen are required to have scores for placement and registration purposes. Those students whose scores have not been received by the first day of the pre- college freshman orientation period must take the test at the scheduled time during the orientation session. In order to earn exempt status, academic performance criteria scores and cumulative high school GPA) are evaluated. Students earning exempt status should have a declared major. 75 The scores determine students\u2019 placement in (English, mathematics, reading and writing) courses. Students may be required to complete developmental courses in English, mathematics and reading, based on and sub-scores. Other assessments in University College include the Proficiency Profile Testing Service Assessment), which tests college level skills in critical thinking, reading-writing, and mathematics. The Standardized Assessment of Information Literacy (SAILS) is also administered to measure information literacy related to skills for using research tools. These assessments are administered in University College core courses. Students with Presidential Scholarships are required to enroll in an honors curriculum. Students with Academic Scholarships are invited to enroll in an honors curriculum if they meet the criteria. Transfer students with at least 27 credits are exempted from all developmental courses Students, regardless of major, must complete 42 credit hours in the General Studies, earning at least a grade of \u201cC\u201d in each core course required for the degree. Twenty-four of these credits must be completed prior to exiting University College (excluding students meeting exempt and transfer criteria). This is determined by the University Academic Advisement Center. University College helps all freshman students reach this goal Students may be required to complete developmental courses in English, mathematics and reading, based on and sub-scores. Freshmen enrolled in some developmental courses during their first semester of registration are provided an opportunity to \u201ctest out\u201d through demonstration of skills mastery on departmental tests. Credits earned in developmental courses do not satisfy General Studies requirements or requirements for majors and minors in the degree-granting colleges. Students required to complete developmental courses are counseled to understand their college education may extend beyond four years. The role of the Developmental Studies Program is to offer developmental courses, small group and individualized laboratory work, computer-assisted instruction and special tutoring for students who have demonstrated weaknesses in basic skills areas. The program is designed to assist students in achieving acceptable skill levels for successful performance in the General Studies 130 3 15 130 3 15 76 130 3 15 131 3 16 131 3 16 132 3 16-17 University College Policy for the Department of Advancement Studies If students are placed in 130 and/or 130, they will be required to enroll in 131 and/or 132. Students enrolled in developmental courses must be registered for 12 to 16 credit hours during a semester. College Reading Program The College Reading Program addresses the diverse reading interests and needs of the students enrolled in courses offered. Special strategies are provided for reading enhancement, and critical thinking. Students are enrolled in reading courses based on their performance on the college entrance examinations. Entering students whose reading sub-scores are 15 and below or verbal sub-scores are below 409 are required to enroll in Reading 130; entering students whose reading verbal sub-scores are 16-17 or verbal sub-scores are 410- 449 are required to enroll in Reading 132. Students must re-enroll in the designated course each subsequent semester until the two required courses have been completed. Academic Assistance (Tutorial) Centers and Services University College operates the Writing Center and the Reading Center. These facilities are staffed by professionals, and they also have peer tutors available to work with individual students who seek assistance. Services are open to any student in the university, but the majority of students are enrolled in developmental courses in University College The Program consists of the Upward Bound Program,the Talent Search Program and the Student Support Services Program. The Upward Bound Program is an outreach program for secondary school students. It is designed to offer counseling and instruction in mathematics, English/language literacy skills and reading and study/test-taking skills to students who meet the requirements of the program. The purpose is to enhance students\u2019 opportunities for entry as well as for success in post-secondary programs. The program has both an academic year component and a residential summer component. The program serves approximately 50 students each year. The Talent Search Program works with secondary schools and with students in the metro Montgomery area to prevent school dropouts, to return to school those who have dropped out, and to encourage students to pursue post-secondary programs. The program serves approximately 800 students each year. 77 The Student Support Services Program provides opportunities for academic development for low-income, first generation students as well as students with disabilities evidenced in a academic need while enrolled at Alabama State University. The program strives to increase college retention and graduation rates of its participants; moreover, it facilitates the process of transition from one level of higher education to the next level. The services include, but are not limited to, tutoring, cultural exposure, individual counseling, group counseling, support groups, graduate school exposure and assistance with completing applications, as well as assistance with financial (grants, scholarships, federal aid) applications. The program serves approximately 150 students each year Each year, outstanding students are invited to participate in the University Honors Program distinctive feature of the program at the freshman level is the interdisciplinary humanities courses. Students enroll in special sections of English, history, geography, and humanities. Instructors of the courses employ a team approach to instruction and carefully coordinate the content of the four courses to emphasize the inter-relatedness of the human experience and to promote an integrated approach to learning. High-achieving students in science and mathematics are also selected for participation in an honors curriculum, which prepares them for research careers in science and mathematics The University Reading Policy and the English Examination Transfer students must satisfy the reading requirement and the English assessments requirement. Transfer students must take the English assessment during their first semester of enrollment, if they have completed the freshman English requirement and adhere to the policy as described in the catalog. If they have not completed the requirement, transfer students must enroll in the appropriate freshman composition course(s). Evaluation of performance on the final exam by the instructor and the department chair determines whether or not a transfer student must enroll in developmental English The Academic Advisement Center is staffed with professional counselors who assist students and who maintain accurate records of the students\u2019 progress through the university. The main function of the center is to provide a centralized and reliable system of thorough and accurate academic advisement for all new students during their first year of enrollment at the university. The purpose is to address student retention at the freshman level, to monitor students\u2019 progress throughout their academic program and ensure that more and more students remain in college, graduate and move successfully into desirable careers. 78 Dr. Doris P. Screws, Dean Dr. LaWanda Edwards, Associate Dean The College of Education seeks to prepare teachers, instructional support personnel, and other professionals to be decision makers who are equipped with the knowledge, skills, and dispositions necessary to ethically and effectively integrate theory and practice in carrying out their professions. These professionals will possess the understanding of our diverse culture, the technological capabilities, the intellectual rigor, and the critical thinking and problem solving skills required to make informed and responsible decisions, engage in reflective assessment, implement positive change, and pursue learning as a lifetime endeavor. As an integral part of the total university, the is committed to serving the communities in Alabama through assistance to their educational programs and related activities. As the works to carry out its\u2019 mission, it is careful to ensure that initial and advance programs for the preparation of teachers and other professional education personnel are aligned with the expectations of national, state, professional, and institutional standards Description of the Conceptual Model Purpose: The conceptual framework grows out of and advances the unit\u2019s mission which is consistent and compatible with the university\u2019s mission and goals. The conceptual framework expresses the shared vision and provides coherence for both the initial and advanced programs for the preparation of teachers and other professional school personnel. The Conceptual Framework unites the efforts of all members of the professional community in achieving the mission, goals, and purposes of the unit and, therefore, of the university. The members of the professional community include all faculty and personnel responsible for the education of teacher candidates and other professional educators. They are tenured and non-tenured faculty from other academic units within the university as well as from the COE, part-time faculty, clinical faculty who are university supervisors, clinical faculty who are cooperating teachers, and administrators and staff in the P-12 schools where teacher candidates do their field experiences and internships. These professionals and other community stakeholders are represented in the ongoing development and revision of the conceptual framework. Brief Description of COE\u201ds Conceptual Framework The conceptual framework for the College of Education (COE) focuses on the theme: \u201cEducator as Decision Maker,\u201d the unit seeks to prepare professional educators who will be capable of applying knowledge and skills, reflecting on and refining practices, and identifying and solving problems in an increasingly diverse, complex, and dynamic technological society. The \u201cEducator as Decision Maker\u201d must be a reflective practitioner, a change agent, and a lifelong learner. This organizing theme reflects the assumption that effective educators must make reasonable judgments, careful and conscientious decisions and choices with the intent of optimizing student learning outcomes; it emphasizes the view of decision making as an ongoing, interactive, and empowering process. 79 The conceptual framework model provides a graphic illustration of the relationships among these multiple dimensions of the college\u2019s program for the preparation of teachers and other professional educators at both the initial and advanced levels. Further, it offers a visual explanation of what the unit seeks to do in regard to candidate learning and its effect on student learning. It thus clarifies the unit\u2019s commitments to knowledge, teaching competence, and student learning. The model consists of four interdependent, interrelated, and interacting components which the college faculty views as essential contexts for the shaping of informed, skilled, and responsible decision makers dedicated to making a positive impact on P-12 student learning. The first component, the outer circle, represents the assumption that prospective candidates bring to the university a prior context consisting of their own values and vision, knowledge and skills, cultural and societal influences. The second component of the model, the large inner circle, represents the setting in which the college provides the education and training of prospective teachers and other professional educators at both the initial and advanced levels. This setting is the interactive context. What the candidates bring to the university and what exists at the university are useful in providing the context for interaction. This context encompasses the general areas in which the development of competence is necessary for informed and effective decision making. These areas are knowledge and ability, application through experience, and professional values and dispositions. The third component of the conceptual framework model, indicated by the rotating arrows within the large inner circle, represents the decision making context which, in simplified terms, embraces a continuous cycle of planning, predicting, implementing, reflecting, evaluating, and revising within the above described interactive context. The fourth component of the model, the center circle, represents the outcomes context. All of the other components of the model lead to the achievement of this one goal--the development of the educator who is an informed and responsible decision maker. This decision maker is characterized as a reflective practitioner, a change agent, and a lifelong learner The College of Education has as its primary objective the preparation of teachers and instructional support personnel for all levels of education from early childhood through high school. The college presents ideal preparation for positions of responsibility and leadership in the education profession. Because the College of Education collaborates with the administrative staff and with other colleges of the university, it recognizes and accepts the responsibility for identifying, recruiting and preparing candidates who will be capable of providing education in a changing dynamic society. Therefore, the courses and field and clinical experiences are designed to develop knowledge bases, skills, and the disposition and attitude of a competent, highly qualified teacher. The College of Education seeks to ensure the academic and fiscal integrity of the unit and continually responds to internal and external constituents. As an integral part of the total 80 university, the College of Education strives to give all possible services to the communities of Alabama through assistance to their educational programs and related activities The Bachelor of Science degree is awarded to those candidates who fulfill curricular requirements in the College of Education. The Teacher Education programs are designed to lead to professional certification by the Alabama State Department of Education. Teacher Education programs offered by the College of Education are listed below: Certification Fields 1. Early Childhood Education (Grades P-3) 2. Elementary Education (Grades K-6) 3. Preschool Through Grade 12 Certification (P-12) Music: Instrumental, Vocal Choral; Physical Education 4. Secondary Education: (Grades 6-12) Biology, Business/Marketing Education, Chemistry, English Language Arts, Health Education, History, Mathematics, Social Studies 5. Special Education: Collaborative Teacher K-6; 6-12; K-12 Undergraduate admission to the Teacher Education Program is different from admission to the institution. Applicants will be notified in writing whether their applications for admission to a specific teacher education program have been accepted. To be eligible to apply, the following requirements must be met: Requirements minimum grade point average (GPA) of 2.50 overall in accordance with policy, 2.50 in professional studies listed on the approved checklist for the program, and 2.50 in the teaching field listed on the approved checklist for the program. \uf0b7 Remedial courses may not be used to meet approved program requirements. \uf0b7 No grade below a \u201cC\u201d in any of the coursework completed on the approved checklist; \uf0b7 Passing score on all three portions of the AECT\u2014Part (If taken and passed prior to 8/31/2012 scores will be accepted until 8/31/2017 for certification by the ALSDE) o Reading o Writing o Mathematics \uf0b7 Completion of 100 300, and up to 3 additional professional studies courses that have been identified on the approved curriculum checklist as being able to be taken prior to being admitted to the TEP; \uf0b7 Successful performance in the pre-professional field experiences 300 and any of the additional professional studies courses that are identified on the checklist as those that can be taken prior to admission to TEP}; \uf0b7 The completion of a satisfactory interview by department faculty to determine the student\u2019s personal qualities, dispositions, and potential for teaching; \uf0b7 The receipt of three (3) recommendation letters with at least one (1) from an professor that has taught the student; and Background Clearance. 81 Steps for Unconditional Admission to the TEP: Step 1: The student completes the application to the Teacher Education Program. Step 2: The advisor verifies that the aforementioned criteria have been met and submits the following documentation with the application to the Teacher Certification Department by the approved deadline date published in the Teacher Education Handbook: \uf0a7 4x12 or 32/19 {all courses on the 4x12 or 32/19 do not need to be completed prior to applying for admission to the TEP} \uf0a7 GPAs calculations (overall, professional studies, and teaching field); \uf0a7 AECT\u2014Part scores; \uf0a7 The completion of the appropriate coursework according to the approved checklist; \uf0a7 Satisfactory interview ratings; \uf0a7 Appropriate dispositions; and Background Clearance Step 3: The application is submitted to the certification office with all appropriate signatures. Step 4: The Certification Director presents the application and accompanying documentation to the Teacher Education Assessment Intervention Committee (TEAIC). The will vote and make an admission decision for each of these students. Each student that has been voted on favorably by the will receive a card indicating that he/she is formally admitted to the from the Certification Director. Students that are denied admission will receive a letter explaining the reason for denial of admission to the from the Director of the and their application packet will be returned to the academic advisor AREAS. Admission, retention and completion requirements for teacher education programs are governed by policies and procedures of accrediting/approval agencies (NCATE, SACS, ALSDE, etc.) and ASU. Accordingly, the requirements and procedures indicated here are subject to change at any time. Candidates must consult with their advisers to make sure they meet the most recent requirements and procedures. Due to the nature of teacher education reform, requirements for admission to the Teacher Education Program may change. Candidates are responsible for obtaining the most current set of requirements from the academic adviser. 82 All transfer courses must be completed at a regionally accredited institution, Any courses not completed at a regionally accredited institution must be repeated for credit In order to be retained in the Teacher Education Program, candidates must maintain a grade point average of at least 2.5 overall and in their professional studies and teaching field(s). Candidates who fail to maintain a minimum grade point average of 2.5 while pursuing studies in the College of Education but are eligible to continue their studies at the university will be referred to their advisor. The advisor will assist the candidate in developing an appropriate class schedule that shall not include additional professional studies courses. If after two semesters, the candidate has not achieved the required 2.5 (overall, professional studies, and teaching field); he/she will be dismissed from the Teacher Education Program and counseled about other majors available at Alabama State University for the completion of academic studies The Professional internship (student teaching) is required during the senior year in all professional certification baccalaureate programs of the College of Education. It is needed in order to meet the degree requirements of the college, the certification requirements of the state of Alabama and the standards of the National Council for the Accreditation of Teacher Education satisfactory internship experience necessitates full-day involvement in a public school for at least 16 consecutive weeks for a full semester. Therefore, candidates enrolled in the internship cannot enroll in other courses or seek employment, unless approved in writing by the dean. The internship should be scheduled at a time when candidates will be free of all other demands upon time and energy. The Professional Internship application procedure begins during the year prior to the assignment. During the spring semester, an application meeting is scheduled for juniors requesting assignment in the senior year. Candidates should attend this meeting in order to obtain an application and receive additional information concerning placement. The time and place of this meeting are published in the university calendar. Applications are submitted to the Office of Field and Clinical Experiences. Transfer candidates from other colleges who must complete all professional studies course work at Alabama State University; are required to complete satisfactorily the materials and methods sequence and/or methods in a special area before registering for the Professional Internship. Applications are filed at least one semester prior to the date candidates are to begin the internship. At this time, a final decision relative to admission to the internship will be made by the Teacher Education Assessment and Intervention Committee (TEAIC). The following criteria must be met prior to the beginning of a professional internship (12 semester hours\u2014undergraduate). The criteria for admission to the professional internship specify that a candidate must: 83 1. Complete the internship application by the deadline date posted in the Field and Clinical Experiences Handbook. 2. Have senior standing. 3. Meet admission requirements to the Teacher Education Program and any additional requirements of the COE. 4. Have a grade of \u201cC\u201d or better in all professional education and teaching field(s) courses; a 2.5 in the teaching field, a 2.5 in professional studies coursework, and a 2.5 overall. Candidates also must have satisfactorily completed the required early field experiences in schools. 5. Show evidence of securing a minimum of personal liability insurance commensurate with that available through membership in AEA. 6. Have recommendations from major advisor and appropriate department faculty regarding competencies. 7. Pass the Praxis (subject area) exam as required by the (if appropriate). 8. Clear the background check. \uf0b7 Under normal circumstances, no courses may be taken while completing the internship. In special circumstances, courses may be taken concurrently with the internship if prior written permission has been given by the Dean of the College of Education. \uf0b7 If a candidate has any coursework remaining on the approved checklist, he/she may take the internship before completing the coursework only under extenuating circumstances with the prior written permission given by the Dean of the College of Education INTERNSHIP. Candidates enrolled in professional internship are required to: 1. Participate in the prescribed internship orientation program; 2. Report promptly to the school assigned to begin the internship; 3. Attend all scheduled seminars and workshops; 4. Be prompt and regular in attendance at the school to which they have been assigned; 5. Participate in the professional activities of the school; and 6. Follow procedures as outlined in the Handbook for Field and Clinical Experiences 2.5 cumulative grade point average is required, 2.5 in the teaching specialty, and 2.5 in professional studies is required as well. Candidates must also have a grade of \u201cC\u201d or better in all courses. Candidates must meet all requirements of a state-approved program for certification. Each candidate must satisfactorily complete the Professional Internship (student teaching), the Philosophy Exit Exam, and be recommended for certification by the College of Education before becoming eligible for an Alabama Professional Teacher\u2019s Certificate. Applications for certification must be submitted by candidates during the semester that the professional internship is being completed .It is the candidates\u2019 responsibility to become familiar with both certification and degree requirements and the sequence of courses and plan their program in consultation with their adviser. Supplementary information about specific degree programs may be obtained from the appropriate department. 84 The College of Education provides baccalaureate programs other than those leading to teacher certification. Majors are offered in Psychology, and Recreation (Recreational Therapy). Minors are provided in Psychology and Health Education (See concentrations in Physical Education). The college aims to give students in each of these programs the competencies and understandings in their particular academic areas needed for success and leadership in modern society. Theoretical studies and practical experiences are combined in the various programs to prepare the graduates for both immediate employment and advanced study. The College of Education maintains a close working relationship with selected social, business, industrial and governmental organizations and institutions in order to provide curricula and experiences that are relevant for the graduates of these programs. 85 Dr. Joyce Coleman-Johnson, Interim Chair; Dr. Moon Chang, Dr. Drusilla Caudle, Dr. Huey-Ling Lin, Dr. Daniel Lucas, Dr. Calvin McTier, Dr. Melvin Robinson, III, Dr. Danjuma Saulawa, Dr. Kathleen Tyler The goal of the Department of Curriculum and Instruction is to create the best teachers for the future. The primary objective of the department is to prepare teacher candidates who are interested in the development and education of children and youth in early childhood education, elementary education, special education and secondary education to become decision makers. In keeping with present day demands, a secondary objective of the department is to lay the foundation for successful study at the graduate level. Candidates desiring to become teachers in one of the above areas will enroll in the College of Education and select a program in Early Childhood Education, Elementary Education, Special Education or Secondary Education, and will follow the curriculum as listed on the approved checklist. IMPORTANT: Consult program adviser for four-year curriculum sheet listing the specific courses required within each of the areas The major objective of the area of Early Childhood Education is to provide a continuum of preparation for students originating in liberal studies (General Studies) who are subsequently admitted to professional education in a diverse program of study leading to a Bachelor of Science Degree and qualifications for Alabama State Teacher Certification. Prospective teachers complete coursework emphasizing a scientific knowledge base and the application of developmental principles and social contextual assumptions leading toward each prospective teacher\u2019s quality educational practice. Studies include emphasis on development and learning including the influential role of parents, appreciation of fine arts, the necessity of expanded language skills and advocacy for families and children. Teacher candidate programs emphasize quality in academic preparation and proficiency in demonstrating teacher\u2019s knowledge, skills and dispositions as required by and NCATE. The curriculum provides theory and practice in working with children in pre- school through grade three The program in the area of Elementary Education is designed to prepare prospective teachers for the elementary school: grades through 6. The program provides appropriate cultural and scientific background and professional preparation for prospective teachers at both the primary and intermediate levels of the elementary school. Candidates develop an appreciation and sensitivity to societal problems through intensive studies in the general education program and an understanding of children\u2019s growth and development through the sequence in elementary education. 86 Professional competence is enhanced and facilitated through direct contact with children in diversified settings where behavior and learning processes are observed and directed. Opportunity is provided for candidate options and decisions, based upon individual needs, abilities and interests It is assumed that a candidate for the Bachelor of Science degree has made a commitment to the scholarly study of education and to teaching as a career. Secondary education programs include courses in professional education, the teaching fields, and general education. Upon acceptance to a program, an adviser in Secondary Education will be assigned to assist the candidate in fulfilling the requirements for the degree chosen. The adviser in the College of Education will coordinate the advisement process with the adviser in the teaching fields. Completion of the program in Secondary Education qualifies the candidate for the Bachelor of Science degree and the Alabama Class \u201cB\u2019\u2019 Secondary Professional Certificate with endorsements in the teaching field(s) for which qualifications have been met. Candidates seeking certification in other states should seek advisement from the certification officer in the College of Education 12 Special programs for teachers who are seeking certification in Music (Instrumental and Vocal/Choral) are available in the College of Education, Departments of Curriculum and Instruction These programs lead to the Bachelor of Music Education degree and Class \u201cB\u2019\u2019 Alabama certification The program in the area of Collaborative Teacher leads to a Bachelor of Science degree and Alabama Class \u201cB\u2019\u2019, K-6 and 6-12 certification. The program is designed to prepare pre- service teachers as collaborative teachers to teach and work with students with disabilities in inclusive classrooms and special settings, to handle and cope with behavior problems and to collaborate with other professionals. Students are exposed to and work with children with disabilities in public school classes, special schools and residential settings at all levels from preschool through secondary settings. Other exposure is provided through field trips and involvement in community programs through tutoring and volunteer services (Leading to the Bachelor of Science Degree) This program qualifies a person to teach business and office subjects at the secondary level. PHILOSOPHY: The Business/Marketing Education program is designed to foster the personal, occupational and teaching profession of those candidates who serve in the secondary classroom as teachers of business students. This program is consistent with the missions of ASU, the College of Education, and the Curriculum and Instruction Department. Offerings are designed in accordance with the State Department of Education requirements needed for certification for business and vocational education. 87 The College of Education operates a center which is designed to provide wholesome social and educational experiences for young children, while providing a unique setting for observation and participation experiences for undergraduate and graduate candidates. The facility was constructed in 1971 and named for Dr. Zelia Stephens Evans, the center\u2019s first director. The Center was granted accreditation during fall semester 2006. The center is oriented toward utilizing modern and innovative concepts in Early Childhood Education. These concepts are combined to provide worthwhile social and educational experiences in an open climate, geared to the child\u2019s interests and developmental level. During the school year, the children are assisted with their work and test preparation while allowing time for physical activities, social interaction and creative projects. Tennis, swimming, art and storytelling activities are scheduled during the summer term 100 Preparation for Admission to Teacher Education............................... 1 300 Foundations of Education ................................................................... 3 321 Instructional Technology for Educators .............................................. 3 400 Psychology of Learning ...................................................................... 3 170 Diverse Students in Inclusive Schools ............................................... 3 301 Measurement and Evaluation in Education........................................ 3* (Collaborative Education Majors are not required to take 301) Business/Marketing Education 385 Materials and Methods of Teaching ................................................... 3 486 Classroom Management in the Secondary School Setting ................ 3 478 Reading in the Content Area .............................................................. 3 Elementary Education, K-6 (12 semester hours required 376 Classroom Management .................................................................... 3 Secondary Education, 6-12 486 Classroom Management in Secondary School .................................. 3 478 Teaching Reading in Content Areas .................................................. 3 Candidate must select the discipline specific method course appropriate for the program that he/she is completing 487 Methods of Teaching, English Language Arts/Secondary ................. 3 488 Methods of Teaching Mathematics/Secondary .................................. 3 489 Methods of Teaching Social Science/Secondary ............................... 3 490 Methods of Teaching Science/Secondary .......................................... 3 88 Through Grade 12: Music 388 Elementary School Music Methods ................................................... 3 389 Secondary School Music Methods .................................................... 3 478 Reading in the Content Areas ............................................................ 3 Special Education: Collaborative Teacher 376 Classroom Management .................................................................... 3 Internship (12 semester hours required) Early Childhood Education, P-3 462 Professional Internship in ........................................................ 12 Business/Marketing Education 482 Professional Internship in Secondary Education ............................. 12 Elementary Education, K-6 472 Professional Internship in Elementary Education ............................ 12 Secondary (6-12 482 Professional Internship in the Secondary School ............................ 12 P-12 495 Professional Internship in N-12 ........................................................ 12 Special Education/Collaborative Teacher 470 Student Teaching in Inclusive Setting, K-6 ....................................... 12 475 Student Teaching in Inclusive Setting, 6-12 ..................................... 12 480 Student Teaching in Inclusive Setting K-12 ...................................... 12 Business Marketing Education ......................................................................... 34 Collaborative Education ................................................................................... 28 Early Childhood Education ............................................................................... 28 Elementary Education ...................................................................................... 31 Secondary Education ....................................................................................... 37 Teacher Certification Specializations In the Curriculum and Instruction Department (P-3) General Studies .............................................................................................................. 42 (See pages 71-72) Other Prescribed Courses................................................................................................ 17 Choose four (4) hours of science courses from the following. (Note: It must be 4 hours additional to what is required for the General Studies Curriculum) 89 127 127 General Biology 128 128 General Biology 141 General Chemistry 142 General Chemistry 206 College Physics 207 College Physics 231 Physical Science Survey 232 Physical Science Survey Choose three (3) hours of mathematics courses from the following. (Note: It must be 3 hours additional to what is required for the General Studies Curriculum. Developmental courses may not be used 136 Finite Mathematics 137 Pre-Calculus Algebra 165 Pre-Calculus Trigonometry 265 Calculus and Analytic Geometry Additional Requirements 320 Fundamentals of Math for Elementary Teachers 321 Fundamentals of Math for Elementary Teachers Activity (This is a 100 level 1 hour course 100 Personal Health 385 Methods of Teaching in the Area of Specialization Professional Studies ................................................................................................... 28 (See pages 87-89) Teaching Field ............................................................................................................. 39 360 Foundations of Early Childhood Education (ECE) ............................. 3 361 Creative Learning in Early Childhood Education (ECE) ..................... 3 369 Teaching Language Arts in Early Childhood Education (ECE) ...................................................................... 3 370 Teaching Mathematics and Science in Early Childhood Education .......................................................................................... 3 371 Teaching Social Studies in Early Childhood Education (ECE) ...................................................................... 3 423 Practicum in Early Childhood Education (ECE) ................................. 3 424 Managing Developmentally Appropriate Classrooms ........................ 3 428 Child Growth and Development ......................................................... 3 461 Children\u2019s Literature ........................................................................... 3 494 Home, School, Community ................................................................. 3 339 Methods and Materials for Elementary School Health Education and Physical Education ..................................................................... 3 373 The Teaching of Reading ................................................................... 3 374 Reading and Language Development ................................................ 3 90 (K-6 General Studies .............................................................................................................. 42 (See pages 71-72) Other Prescribed Courses............................................................................................... 17 Choose four (4) hours of science courses from the following. (Note: It must be 4 hours additional to what is required for the General Studies Curriculum 127 127 General Biology 128 128 General Biology 141 General Chemistry 142 General Chemistry 206 College Physics 207 College Physics 231 Physical Science Survey 232 Physical Science Survey Choose three (3) hours of mathematics courses from the following. (Note: It must be 3 hours additional to what is required for the General Studies Curriculum. Developmental courses may not be used 136 Finite Mathematics 137 Pre-Calculus Algebra 165 Pre-Calculus Trigonometry 265 Calculus and Analytic Geometry Additional Requirements 320 Fundamentals of Math for Elementary Teachers 321 Fundamentals of Math for Elementary Teachers Activity (This is a 100 level 1 hour course 100 Personal Health 385 Methods of Teaching in the Area of Specialization Professional Studies ...................................................................................................... 33 (See pages 87-88) Elementary Education Teaching Field ......................................................................... 31 Teaching Field ................................................................................................................ 34 (List all courses required for the teaching field 363 Methods of Teaching Art N-6 .............................................................. 3 361 Music Methods for N-6 Teachers ....................................................... 3 304 Curriculum Development in Elementary Schools ............................... 1 374 The Teaching of Soc Stud/Elem ........................................................ 3 375 Teaching Math in the Elem School .................................................... 3 377 Teaching Science/Elem School.......................................................... 3 405 Teaching Language Arts/ Elem School .............................................. 3 91 461 Children\u2019s Literature ........................................................................... 3 373 The Teaching of Reading ................................................................... 3 374 Reading and Language Development ................................................ 3 339 Methods and Materials for Elementary School Health and Physical Education ............................................................................................. 3 Advisor Approved Elective ................................................................................. 3 6-12 and Teaching Field (56) General Studies .............................................................................................................. 46 (Professional Biology Majors must choose 137 or 147 138 or 148, and 165) (See pages 71-72) Other Prescribed Courses .............................................................................................. 5 385 Methods of Teaching in the Area of Specialization ............................ 1 Activity (This is a 100 level 1 hour course) ....................................... 1 100 Personal Health .................................................................................. 2 100 Orientation ........................................................................................... 1 Professional Studies ....................................................................................................... 37 (See pages 87-88) Teaching Field ................................................................................................................ 56* (48) Must include an academic major of at least 32 semester hours with a minimum of 19 hours at the upper division. (List all courses required for the teaching field 240 General Zoology .................................................................................. 4 241 Botany .................................................................................................. 4 305 Population Biology and Evolution ........................................................ 3 310 Introductory Ecology ............................................................................ 4 320 Human Physiology ............................................................................... 4 337 Cell Biology .......................................................................................... 4 350 Bio Tech and Instrumentation .............................................................. 4 420 Molecular biology and Genetics .......................................................... 4 450 Seminar in Biology ............................................................................... 1 Required Support Courses for Teaching Field ........................................................... 16 141-142 General College Chemistry and ............................................. 8 210 Intro to Computer Science or 205 Intro to Computer Information Systems ............................................... 3 165 Pre-Calculus Trigonometry ................................................................. 5 *The numbers with the asterisks in the Biology courses that are counted in the hours for the General Studies. 92 Teaching Field (36) General Studies .............................................................................................................. 42 (See pages 71-72) Other Prescribed Courses ............................................................................................ 10 200 Keyboarding ....................................................................................... 3 210 Business Mathematics ........................................................................ 3 385 Methods of Teaching in the Area of Specialization ............................ 1 Activity (This is a 100 level 1 hour course ......................................... 1 100 Personal Health .................................................................................. 2 Professional Studies ...................................................................................................... 34 (See pages 87-88) Teaching Field ................................................................................................................. 36 Must include an academic major of at least 32 semester hours with a minimum of 19 hours at the upper division. (List all courses required for the teaching field 203 Advanced Document Preparation ...................................................... 3 204 Business Communication ................................................................... 3 408 Business Use of Microcomputers ....................................................... 3 430 Internship in Business ........................................................................ 3 482 Foundations of Vocational Education ................................................. 3 483 Coordination of Vocational Programs ................................................. 3 484 Occupational Analysis ........................................................................ 3 Advisor Approved Upper Electives in ACT, MKT, MGT, and ..................... 15 Teaching Field (55) General Studies .............................................................................................................. 46 (See pages 71-72) Other Prescribed Courses .............................................................................................. 5 385 Methods of Teaching in the Area of Specialization ............................ 1 Activity (This is a 100 level 1 hour course) ....................................... 1 100 Personal Health .................................................................................. 2 100 Orientation ........................................................................................... 1 Professional Studies ...................................................................................................... 37 (See pages 87-88) Teaching Field ................................................................................................................ 55* (45) Must include an academic major of at least 32 semester hours with a minimum of 19 hours at the upper division 211 Organic Chemistry ............................................................................ 5 93 212 Organic Chemistry ........................................................................... 5 321 Physical Chemistry ........................................................................... 4 322 Physical Chemistry .......................................................................... 4 342 Quantitative Analysis .......................................................................... 4 343 Instrumental Analysis ......................................................................... 4 418 Chemistry Seminar ............................................................................. 2 421 Biochemistry ..................................................................................... 4 431 Introduction to Research .................................................................... 2 Required Support Courses for Teaching Field ........................................................... 15 210 Introduction to Computer Science ...................................................... 3 265 Calculus and Analytic Geometry ...................................................... 4 266 Calculus and Analytic Geometry ..................................................... 4 210 General Physics ............................................................................... 4 Teaching Field (52) General Studies .............................................................................................................. 46 (See pages 71-72) Other Prescribed Courses .............................................................................................. 5 385 Methods of Teaching in the Area of Specialization ............................ 1 Activity (This is a 100 level 1 hour course) ....................................... 1 100 Personal Health .................................................................................. 2 100 Orientation ........................................................................................... 1 Professional Studies ...................................................................................................... 37 (See pages 87-88) Teaching Field .................................................................................................................. 54 Must include an academic major of at least 32 semester hours with a minimum of 19 hours at the upper division 165 Pre-Calculus Trigonometry ................................................................. 5 225 Intro to Statistics ................................................................................. 3 251 Linear Algebra .................................................................................... 3 256 Discrete Mathematics ......................................................................... 3 265 Calculus ............................................................................................ 4 266 Calculus ........................................................................................... 4 267 Calculus .......................................................................................... 4 373 Intro to Modern Algebra .................................................................... 3 375 Differential Equations ......................................................................... 3 401 Advanced Calculus ............................................................................. 3 472 Probability and Statistics .................................................................. 3 473 Probability and Statistics ................................................................. 3 486 Intro to Real Analysis ......................................................................... 3 487 Senior Seminar ................................................................................... 3 94 Required Support Courses for Teaching Field ............................................................. 7 210 Intro to Computer Science.................................................................. 3 211 Programming Concepts, Standards and Methods .......................................... 4 Teaching Field 60* (54) General Studies .............................................................................................................. 46 (See pages 71-72) Other Prescribed Courses .............................................................................................. 5 385 Methods of Teaching in the Area of Specialization ............................ 1 Activity (This is a 100 level 1 hour course) ....................................... 1 100 Personal Health .................................................................................. 2 100 Orientation ........................................................................................... 1 Professional Studies ...................................................................................................... 37 (See page 87-88) Teaching Field .................................................................................................................. 48* (42) Must include an academic major of at least 32 semester hours with a minimum of 19 hours at the upper division 251 History of the .............................................................................. 3 252 History of the ............................................................................. 3 350 African American History to 1877 ........................................................ 3 400 Historiography ...................................................................................... 3 Advisor Approved 300-400 level History Courses ........................................... 21 Required Support Courses for Teaching Field ............................................................. 9 207 American Government ....................................................................... 3 210 Intro to Computer Science or 205 Intro to Computer Information Systems ............................................... 3 303 Advanced Grammar or 318 Advanced Composition ...................................................................... 3 Teaching Field 54*(42) General Studies .............................................................................................................. 42 (See pages 71-72) Other Prescribed Courses .............................................................................................. 5 385 Methods of Teaching in the Area of Specialization ............................ 1 Activity (This is a 100 level 1 hour course) ....................................... 1 100 Personal Health .................................................................................. 2 100 Orientation ........................................................................................... 1 95 Professional Studies ...................................................................................................... 37 (See page 87-88) Teaching Field ................................................................................................................ 54*(42) Must include an academic major of at least 32 semester hours with a minimum of 19 hours at the upper division 215 Intermediate Composition .................................................................. 3 219 Intro to Research Methods ................................................................. 3 220 Linguistics........................................................................................... 3 240 Introduction to Literary Theory ........................................................... 3 303 Advanced Grammar ........................................................................... 3 321 Early British Literature ........................................................................ 3 322 Modern British Literature .................................................................... 3 331 Colonial & Early National American Literature ................................... 3 332 19TH Century American Literature ...................................................... 3 423 Shakespeare ...................................................................................... 3 426 Drama in the Secondary School ......................................................... 3 427 Children\u2019s Theatre or 450 Fundamentals of Play ......................................................................... 3 212 Beginning Newswriting ...................................................................... 3 advisor approved elective ......................................................................... 3 Teaching Field (42) General Studies .............................................................................................................. 46 (See pages 71-72) Other Prescribed Courses .............................................................................................. 5 385 Methods of Teaching in the Area of Specialization ............................ 1 Activity (This is a 100 level 1 hour course ......................................... 1 100 Personal Health .................................................................................. 2 100 Orientation ........................................................................................... 1 Professional Studies ...................................................................................................... 37 (See page 87-88) Teaching Field ................................................................................................................ 54*(48) Must include an academic major of at least 32 semester hours with a minimum of 19 hours at the upper division 251 History of the .............................................................................. 3 252 History of the ............................................................................. 3 350 African American History to 1877 ........................................................ 3 400 Historiography ...................................................................................... 3 Advisor approved 300-400 level History Courses ............................................. 21 207 American Government ....................................................................... 3 Advisor approved Political Science Elective ...................................................... 3 Advisor approved Electives ....................................................................... 6 Economic 254 Principles of Economics ............................................................. 3 96 Required Support Courses for Teaching Field ............................................................. 6 210 Intro to Computer Science or 205 Intro to Computer Information Systems ............................................... 3 303 Advanced Grammar or 318 Advanced Composition ...................................................................... 3 *The total hours include the hours from the general studies K-6 Teaching Field (42) General Studies .............................................................................................................. 46 (See pages 71-72) Other Prescribed Courses ............................................................................................ 17 Choose four (4) hours of science courses from the following. (Note: It must be 4 hours additional to what is required for the General Studies Curriculum 127 127 General Biology 128 128 General Biology 141 General Chemistry 142 General Chemistry 206 College Physics 207 College Physics 231 Physical Science Survey 232 Physical Science Survey Choose three (3) hours of mathematics courses from the following. (Note: It must be 3 hours additional to what is required for the General Studies Curriculum. Developmental courses may not be used 136 Finite Mathematics 137 Pre-Calculus Algebra 165 Pre-Calculus Trigonometry 265 Calculus and Analytic Geometry Additional Requirements 320 Fundamentals of Math for Elementary Teachers 321 Fundamentals of Math for Elementary Teachers Activity (This is a 100 level 1 hour course 100 Personal Health 385 Methods of Teaching in the Area of Specialization Professional Studies ...................................................................................................... 28 (See pages 87-88) Teaching Field ................................................................................................................ (42) Must include an academic major of at least 32 semester hours with a minimum of 19 hours at the upper division. 97 (List all courses required for the teaching field 210 Legal Issues and Global Society ........................................................ 3 220 Special Healthcare Needs .................................................................. 3 270 Assessment and Instructional Strategies ........................................... 3 280 Students with Disturbing Behaviors .................................................... 3 320 Mild Cognitive Disabilities ................................................................... 3 370 Collaboration and Teaming ................................................................ 3 403 Elementary Special Education Curriculum ......................................... 3 410 Sensory and Communication Disorders ............................................. 3 435 The Process ................................................................................. 3 374 Teaching of Social Studies ................................................................. 3 375 Teaching of Mathematics ................................................................... 3 377 Teaching of Science ......................................................................... 3 405 Teaching of Language Arts ................................................................ 3 373 The Teaching of Reading ................................................................... 3 6-12 Teaching Field (42) General Studies .............................................................................................................. 42 (See pages 71-72) Other Prescribed Courses................................................................................................ 17 Choose four (4) hours of science courses from the following. (Note: It must be 4 hours additional to what is required for the General Studies Curriculum 127 127 General Biology 128 128 General Biology 141 General Chemistry 142 General Chemistry 206 College Physics 207 College Physics 231 Physical Science Survey 232 Physical Science Survey Choose three (3) hours of mathematics courses from the following. (Note: It must be 3 hours additional to what is required for the General Studies Curriculum. Developmental courses may not be used 136 Finite Mathematics 137 Pre-Calculus Algebra 165 Pre-Calculus Trigonometry 265 Calculus and Analytic Geometry Additional Requirements 320 Fundamentals of Math for Elementary Teachers 321 Fundamentals of Math for Elementary Teachers Activity (This is a 100 level 1 hour course 100 Personal Health 385 Methods of Teaching in the Area of Specialization 98 Professional Studies ..................................................................................................... 28 (See pages 87-88) Teaching Field ................................................................................................................ (42) Must include an academic major of at least 32 semester hours with a minimum of 19 hours at the upper division. (List all courses required for the teaching field 210 Legal Issues and Global Society ........................................................ 3 220 Special Healthcare Needs .................................................................. 3 270 Assessment and Instructional Strategies ........................................... 3 280 Students with Disturbing Behaviors .................................................... 3 320 Mild Cognitive Disabilities ................................................................... 3 350 Transition and Career Tech ................................................................ 3 370 Collaboration and Teaming ................................................................ 3 404 Secondary Special Education Curriculum .......................................... 3 435 The Process ................................................................................. 3 374 Teaching of Social Studies ................................................................. 3 375 Teaching of Mathematics ................................................................... 3 377 Teaching of Science ........................................................................... 3 405 Teaching of Language Arts ................................................................ 3 373 The Teaching of Reading or 478 Reading in the Content Areas ............................................................ 3 NURSERY-12 (Leading to the Bachelor of Music Education Degree with Teacher Certification General Studies .............................................................................................................. 42 (See pages 71-72) Professional Studies..................................................................................................... 37 (See pages 87-88 Teaching Field ..................................................................... 53+ Must include an academic major of at least 32 semester hours with a minimum of 19 hours at the upper division. (List all courses required for the teaching field.) Music Core...................................................................................................................... 32 131-132 Music Theory and .................................................................. 6 134-135 Keyboard and ........................................................................ 2 137-138 Sight-Singing and Ear-Training and ...................................... 2 231-232 Music Theory and ............................................................... 6 237-238 Sight-Singing and Ear-Training and ................................... 2 320-321 Music History .............................................................................. 6 310 Intro to Music Technology .................................................................. 3 99 431 Form and Analysis ............................................................................. 3 474 Conducting ......................................................................................... 1 475 Advanced Conducting ........................................................................ 1 Music Major Instrumental Emphasis ............................................................................. 7 223 Voice Class ........................................................................................ 1 395 String Class ........................................................................................ 1 396 Woodwind Class ................................................................................ 1 397 Brasswind Class ................................................................................ 1 398 Percussion Class ............................................................................... 1 476 Marching Band Techniques ............................................................. 1 477 Band Arranging .................................................................................. 1 490 Recital ....................................................................................... 0 Applied Music ................................................................................................................ 14+ 100, 200, 300 Level - two (2) semester minimum each ..................................... 6 400 Level - one (1) semester minimum ............................................................. 1 071, 072, 073, 074 or 081 ......................................................................... 7+ Performance Class(Each semester/Duration of residence 099 Performance Class ............................................................................ 0 Teaching Field ........................................................... 50+ Must include an academic major of at least 32 semester hours with a minimum of 19 hours at the upper division. (List all courses required for the teaching field.) Music Core...................................................................................................................... 30 131-132 Music Theory and .................................................................. 6 134-135 Keyboard and ........................................................................ 2 137-138 Sight-Singing and Ear-Training and ...................................... 2 231-232 Music Theory and .............................................................. 6 237-238 Sight-Singing and Ear-Training and ................................... 2 320-321 Music History .............................................................................. 6 310 Intro to Music Technology .................................................................. 3 431 Form and Analysis ............................................................................. 3 474 Conducting ......................................................................................... 2 475 Advanced Conducting ........................................................................ 1 Music Major/Choral Emphasis ........................................................................................ 6 223 Voice Class ........................................................................................ 1 478 Choral Arrangement ........................................................................... 1 348 or 354 Pedagogy ................................................................................ 1 314-315 Diction (Voice Majors) ................................................................. 2 323 471 (Keyboard Majors) ............................................................ 2 490 Recital ....................................................................................... 1 Applied Music ................................................................................................................ 14+ 100, 200, 300 Level - two (2) semester minimum each ..................................... 6 100 400 Level - one (1) semester minimum ............................................................. 1 071, 072, 073, or 074 ................................................................................ 7+ Performance Class(Each semester/Duration of residence 099 Performance Class ............................................................................ 0 101 Ms. Connie O. Dacus, Dr. TJ. Exford, Dr. Charlie Gibbons, Ms. Sandra Mimms, Dr. Kathy Neely, Dr. Doris P. Screws, Ms. Barbara Williams The department of health, physical education and recreation offers majors in the areas of health education, physical education (teacher certification) physical education (coaching, non- certification), recreation (recreation management and recreational therapy) and a minor in health education. These degree programs are designed to foster the personal, occupational and professional growth of the undergraduate student. Provided in each of these programs are fundamental skills, pedagogical components, professional components comprising the humanistic and behavioral aspects of the various program areas, and a well-integrated working relationship between the teaching specialty and the professional and pedagogical program components. Consistent with the university and collegiate admissions policy and the College of Education Conceptual Framework, the department structures all programs in a manner whereby developmental assistance is provided as needed Admission: The admission of candidates to the undergraduate degree and optional programs in the Department of Health, Physical Education and Recreation is based upon the general admission requirements of the university and the College of Education. Advisers: Each candidate in the department will be assigned to a faculty member for advisement on matters relative to the academic program. Candidates are expected to enroll in and complete courses in SEQUENCE. It is essential that each candidate monitor the progress of his or her course of study in order to stay in proper sequence for the completion of the requirements on schedule. Course or program changes can be made only with the approval of the assigned adviser and department chair. Dress Code: All candidates, are required to adhere to the dress code promulgated by the department faculty. Regulation gymnasium shoes, uniforms and swimsuits are required for physical education majors. All physical education majors are expected to be dressed in uniform when participating in any of the skill-technique classes. Evaluation: Each candidate, enrolled in theory or skill-technique classes will be evaluated objectively on his or her performance in the cognitive, affective and psychomotor domains. Each candidate will be required to take written examinations, to complete written assignments and to perform basic psychomotor skills (Teacher Certification Grades 6-12) (Bachelor of Science) The bachelor\u2019s degree in Health Education is designed to foster the personal, professional, and occupational growth of candidates pursuing an undergraduate degree in health. This degree 102 prepares candidates for positions in teaching grades 6 through 12, as well as career opportunities in public or private community health agencies. The curriculum is designed to develop the knowledge, understanding, skills, abilities and dispositions of majors through laboratory-based, research-based, and field-based experiences. The program further aims to develop professional educators as effective decision-makers fully qualified to: 1. contribute to the promotion of behavior change that will enhance and maintain an optimal level of wellness for individuals and their families. 2. demonstrate a broad-based knowledge in the content areas of alcohol and drugs, communicable and chronic diseases, emotional health, nutrition, consumer health, and human sexuality. 3. promote and support the Coordinated School Health Program (CSHP). 4. assess individual and community needs for health education. 5. plan, implement, and evaluate health education programs. 6. communicate health and health education needs, concerns, and resources. 7. apply appropriate research principles and methods in health education. 8. act as a resource for health education and advance the profession of health education 100 Preparation for Admission to Teacher Education............................... 1 300 Foundations of Education ................................................................... 3 321 Instructional Technology for Educators .............................................. 3 400 Psychology of Learning ...................................................................... 3 170 Diverse Students in Inclusive Schools ............................................... 3 443 Methods/Materials in Middle, Jr. High, High School ........................... 3 445 Tests, Measurement in Evaluation in Health .......................... 3 478 Reading in the Content Areas ............................................................ 3 482 Professional Internship in the Secondary School ............................ 12 337 Methods, Materials for Elementary School Physical Education ......... 3 443 Methods and Materials in Jr. High/High School Physical Education .. 3 445 Tests, Measurement in Evaluation in Health .......................... 3 478 Reading in the Content Areas ............................................................ 3 495 Professional Internship in P-12 Settings ............................................ 3 (6-12) Teaching Field ................................................................................................................ 42 General Studies .............................................................................................................. 42 (See pages 71-72) Other Prescribed Courses ................................................................................................ 9 100 Personal Health .................................................................................. 2 Activity (This is a 100 level course) ........................................................... 1 210 Medical Terminology ........................................................................... 3 343 Methods for Elementary Health .......................................................... 3 103 Professional Studies..................................................................................................... 34 (See pages 102) Teaching Field ................................................................................................................ 37 Must include an academic major of at least 32 semester hours with a minimum of 40 hours at the upper division. (List all courses required for the teaching field 200 Introduction to Health Education ........................................................ 3 250 School and Community Health Services ............................................ 3 258 Health and Nutrition ............................................................................ 3 300 Alcohol and Drug Studies ................................................................... 3 301 Human Sexuality ................................................................................ 3 352 (252) Consumer Health ...................................................................... 3 360 Communicable and Chronic Diseases ............................................... 3 443 Meth/Mats for Middle, Jr ................................................. 3 460 Special Topics in Health Education .................................................... 3 250 Applied Anatomy and Physiology ....................................................... 4 253 First Aid, CPR, and Care of Athletic Injuries ...................................... 3 445 Tests, Measurement & Eval in ....................................... 3 427 Marriage and the Family .................................................................... 3 470 Sociology of Health and Illness .......................................................... 3 (Teacher Certification Grades P-12) (Bachelor of Science) The Bachelor of Science degree in Physical Education is consistent with the earliest philosophical concepts of \u201clearn by doing\u201d and education for life. The specific goals of the program are to enhance knowledge, understanding, skills, abilities and dispositions of pre-service teachers. The aim of the department is to develop professional educators who are effective decision-makers proficient in (1) fitness development, (2) content knowledge, (3) neuromuscular skill development, (4) field-based experiences, (5) scientific research, (6) measurement and evaluation, (7) social and human relations and (8) recreational activities 12 General Studies .............................................................................................................. 42 (See page 71-72) Other Prescribed Courses ................................................................................. 2 Health 100 Personal Health ............................................................................... 2 Professional Studies45 (See page 102) Physical Education .......................................................................................................... 54 Required Courses 200 Physical Fitness and Wellness ........................................................... 3 221 Intermediate Swimming ...................................................................... 1 230 Soccer, Touch Football, Field Hockey, Track and Field ..................... 1 104 232 Basketball, Volleyball, Softball, Wrestling .......................................... 1 233 Tennis, Badminton, Racquetball, Weight Training ............................. 1 234 Archery, Bowling, Golf, Recreational Games ..................................... 1 237 Dance and Gymnastics ...................................................................... 1 250 Applied Anatomy and Physiology ....................................................... 4 253 First Aid and Care of Athletic Injuries ....................................... 3 303 Adapted Physical Education ............................................................... 3 325 Theory and Techniques of Coaching and Officiating ......................... 3 337 Methods/Materials for Elem. School .......................................... 3 347 History and Principles of Physical Education ..................................... 3 350 Physiology of Exercise ....................................................................... 3 351 Kinesiology ......................................................................................... 3 355 Physical Activities for the Aging ......................................................... 3 443 Meth/Mat. in Jr. High/High School ............................................. 3 445 Tests, Measurement & Eval. In ...................................... 3 447 Administration of Athletic and Physical Education Programs ............. 3 451 Psychosocial Aspects of Sports and Physical Activity ....................... 3 456 Motor Learning and Development ...................................................... 3 460 Professional Preparation in Physical Education ................................. 2 Recreation Management is a complex profession which provides a broad variety of leisure services for persons of all ages, abilities and socioeconomic backgrounds. Career Opportunities: Recreation Management graduates are prepared to develop and manage programs in a wide variety of settings, including park and recreation agencies, health and fitness centers, community recreation centers, state and federal government agencies and many other settings Recreational therapists employ a comprehensive, holistic approach to preventative and rehabilitation services. Recreational Therapist are healthcare providers who use recreational therapy interventions for improved functioning of individuals with illness or disabling conditions 2013) Graduates are qualified to deliver healthcare services to people with disabilities and other health conditions. As recreational therapists, graduates work to eliminate barriers to wellness, improve client functioning and independence, and increase access to recreation resources, including adaptive devices and technology. While working as members of cross-disciplinary health care teams, graduates focus specifically on (1) conducting client assessments and (2) developing, implementing, documenting and evaluating individualized intervention/treatment plans. After successfully completing all degree requirements, graduates may submit applications for certification to the National Council for Therapeutic Recreation Certification (NCTRC). To obtain the credential, Certified Therapeutic Recreation Specialist (CTRS), graduates are required to pass the national examination. Career Opportunities: Recreational therapy graduates are prepared for employment in a broad array of clinical, residential and community-based health and recreation settings, including 105 rehabilitation hospitals, psychiatric facilities, Veterans Administration Hospitals, youth federal prisons, alcohol and drug recovery centers, treatment programs for children, forensic, correctional facilities and other settings (Bachelor of Science) The undergraduate major in recreation is designed to promote the personal and professional growth of students pursuing a degree by preparing them for management careers in community, civic, social, public and private agencies that provide recreation services. Students are prepared for supervisory and administrative positions in a variety of recreation and park agencies, as well as health and allied health agencies. The major offers two options: recreational therapy and recreation management. Degree requirements include the completion of a 15-week internship consisting of 500 clock hours, which is completed in an agency setting under the supervision of a professional who holds current certification in his or her respective area 2.5 grade point average is required for enrollment in the internship. Students must also pass national certification examinations to qualify for employment at most agencies. Students majoring in recreation management must complete the university General Studies in addition to the following courses: General Studies ............................................................................................................. 42 (see pages 71-72) Professional Recreation Course Requirements ......................................................... 33 300 Professional Foundations of Recreational Therapy ........................... 3 347 Group Leadership/Recreation Leadership ......................................... 3 345 Introduction to Recreation and Leisure .............................................. 3 336 Program Planning for Leisure Services .............................................. 3 447 Management of Recreational Therapy Services ................................ 3 448 Recreational Therapy for Implications of Disabling Conditions .......................................................................................... 3 201 Field Study in Recreation Management ........................................... 1 302 Field Study in Recreation Management .......................................... 1 448 Implications Disabling Conditions for Recreational Therapy .............. 3 451 Professional Internship in Recreation Management ......................... 10 453 Trends in Recreation Management .................................................... 3 Business Management, Accounting and Marketing Requirements Required Support Courses ........................................................................................... 15 204 Business Communications ................................................................. 3 214 Principles of Financial Accounting ...................................................... 3 321 Principles of Management ................................................................. 3 333 Consumer Behavior ............................................................................ 3 421 Personnel Management ..................................................................... 3 Required Electives ......................................................................................................... 11 250 Applied Anatomy and Physiology 106 or 319 Human Anatomy ................................................................................. 4 253 First Aid and Care of Athletic Injuries ....................................... 3 100 237 Four Sports Skill Courses ................................................... 4 * If the student chooses to take 319, the student must also take 320. Free Electives ................................................................................................................. 21 MINIMUM............................................ 123 (CONCENTRATION) Students majoring in Recreational Therapy must complete all course requirements in the university General Studies in addition to the following courses Professional Recreation Course Requirements .......................................................... 12 345 Introduction to Recreation and Leisure .............................................. 3 336 Program Planning for Leisure Services .............................................. 3 347 Group Leadership/Recreation Leadership ......................................... 3 Professional Recreational Therapy Course Requirements........................................ 26 300 Professional Foundations of Recreational Therapy ........................... 3 301 Program Design and Techniques in Recreational Therapy ............... 3 447 Management of Recreational Therapy Services ................................ 3 448 Recreational Therapy for Implications of Disabling Conditions .......................................................................................... 3 401 Clinical Issues and Trends in Recreational Therapy ......................... 3 303 Clinical Practicum in Recreational Therapy ..................................... 1 304 Clinical Practicum in Recreational Therapy .................................... 1 452 Clinical Field Placement in Recreational Therapy............................. 12 Exercise Science and Biological Science Course Requirements ............................... 7 250 Applied Anatomy and Physiology or 221 Human Anatomy ................................................................................. 4 351 Kinesiology ......................................................................................... 3 * If the student chooses to take 319, the student must also take 320. Sport Skill Course Requirements ................................................................................... 4 221 Intermediate Swimming or 121 Swimming for Nonswimmers .............................................................. 1 100 237 Three (3) Additional Sport Skill Courses ............................ 3 Required Supportive Course Requirements ................................................................. 9 The nine (9) hours of required supportive courses maybe taken in any of the following areas: Adapted Physical Education Related Biological Sciences Human Services Psychology 107 Sociology Special Education Required Elective Courses ........................................................................................... 12 360 Developmental Psychology ................................................................ 3 253 First Aid and Care of Athletic Injuries ....................................... 3 353 Abnormal Psychology ......................................................................... 3 200 Physical Fitness and Wellness ........................................................... 3 .............................................. 123 Dr. Esenc Balam, Dr. Shirley Barnes, Dr. Dyann Bayan, Dr. Vivian W. DeShields The Foundations of Education Division of the Department provides the undergraduate and graduate courses that underpin teacher education programs. The subject matter includes diversity, philosophy, history, human development, educational psychology, learning, motivation, assessment, research, statistics, technology, and information literacy. The Office of Professional Laboratory Experiences, directed by Dr. Vivian DeShields, provides the appropriate applied experiences for candidates. 108 Dr. Anthony T. Adams, Dean Dr. Kathaleen Amende, Associate Dean The College of Liberal Arts and Social Sciences consists of five departments: communications, history and political science, languages and literatures, social work, sociology and criminal justice. The College of i b e r a l Arts and o c i a l Sciences offers programs leading to the Bachelor of Arts degree in communications, English, history, political science, and sociology; the Bachelor of Science degree in criminal justice, and mathematics; and the Bachelor of Social Work. Curricula leading to the Bachelor of Science degree with teacher certification are available in English, history, and political science. The university also offers comprehensive programs with teacher certification in language arts and social science at the middle school and secondary levels. For teacher certification requirements, see the curricula listed under the College of Education in this catalog On the undergraduate level, the aim of the College of Liberal Arts and Social Sciences is to offer students a broad liberal education as well as the opportunity to acquire in-depth knowledge in a particular academic subject which they choose as a major. The college\u2019s general offerings help all students acquire the understanding and insight they need to lead meaningful lives as educated persons. Its specialized offerings aim to help students achieve professional competence and a full awareness of the intellectual issues that dominate scholarship in their field of study. The college\u2019s goal is to prepare students for entry into graduate or professional schools or for direct entry into those professions that require only a baccalaureate education. To carry out its academic programs, the college is divided administratively into five departments, each headed by a chair. Some departments offer several distinct majors and programs. In addition, programs and activities that transcend departmental lines are headed by directors or committees that report to the dean. General administrative oversight of the college is the responsibility of the dean of the college, whose duties are performed under the supervision of the vice president for academic affairs. 109 Dr. A. David Okeowo, Chair Dr. William Ashbourne, Ms. Kim Baker, Dr. Tracy Banks, Dr. L. Simone Byrd, Dr Daufin, Mr. Coke Ellington, Dr. Richard Emanuel, Mr. Jonathan Himsel, Dr. Carlos Morrison, Ms. Mary Williams Building upon a broad liberal arts General Studies, the Department of Communications offers curricula designed to provide students with an understanding of communication models and theories, skills for effective communication and the ability to apply modern information technologies for various modes of communication. The ultimate aim of the department is to prepare students for graduate and professional study in communication and related fields and for career opportunities in areas such as public relations, news reporting and packaging print and broadcast media and recording industry business, recording industry technology and other related fields The department offers programs of study leading to the Bachelor of Arts degree in communications. Students majoring in communications may concentrate in print journalism, public relations, radio and television, or communication studies, recording industry (Business) and recording industry technology. Minor programs are offered in print journalism, public relations, radio and television, and speech communication Students who chose to concentrate in print journalism, public relations, radio and television, recording industry (business) and recording industry technology are required to meet the following requirements: 1. Students admitted into the program must earn a grade of \u201cC\u201d in all major and minor courses. 2. Students must maintain a of 2.0 or above throughout their tenure in the program student whose falls below 2.0 will be advised to pursue another major 3. Students must complete a senor comprehensive performance evaluation throughout the internship program. Additionally, students majoring in communications must demonstrate mastery of a set of general degree competencies and area of concentration competencies. These competencies are as follows: General Degree Competencies 1. Demonstrate both a basic understanding of the impact of mass media (i.e., television, radio, newspapers and magazines) on individuals and society and an advanced under- standing of the social, political, economic and cultural spheres that affect mass communication processes. 2. Demonstrate a general knowledge and understanding of mass media law and how statutes and regulations governing the press affect the specific media of radio, television and print. 3. Develop professional skills relative to specific area of concentration through participation in practicum and internship in related media agencies and sites both on and off campus. 110 4. Approach the task of communicating in their personal and professional lives with confidence and competence in critical thinking, listening and analysis, group discussion, oral interpretation, speechmaking, speech writing and speech coaching. 5. Develop basic competencies in the recording/entertainment fields. Scholarship $3,000 scholarship is awarded annually by the National Black Programmers Coalition to a deserving junior or senior student with at least a 3.0 grade point average. Print Journalism Students Must Be Able To: 1. Report, write and edit news stories for publication in newspapers 2. Operate a 35mm camera 3. Process, print and finish black and white photographs 4. Prepare copy for publication and package copy in proper design and layout 5. Write effective and persuasive editorials based on research, logic and reasoning 6. Research and write creative feature articles for newspapers and magazines 7. Report on city and county government affairs 8. Develop proficiency in the use of the internet in journalism practice 9. Use multi-platform approaches to reaching target audiences 10. Proficient in methods of entrepreneurship in the communication industry Public Relations Students Must Be Able To: 1. Report, write and edit news stories for publication in newspapers 2. Operate a 35mm camera 3. Process, print and finish black and white photographs 4. Prepare copy for publication and package copy in proper design and layout 5. Understand theories, principles, practices and fundamentals of public relations 6. Develop and distribute news releases, newsletters and other in-house publications 7. Develop marketing, survey and research techniques as part of the public relations campaign 8. Develop approaches and strategies for solving public relations problems 9. Develop proficiency in the use of the internet in public relations practice 10. Use multi-platform approaches to reaching target audiences 11. Proficient in methods of entrepreneurship in the communication industry Radio and Television Students Must Be Able To: 1. Report, write and produce packages and newscasts for radio and television 2. Demonstrate familiarity with current news events and issues 3. Demonstrate effective announcing skills for radio and television 4. Operate studio and field equipment 5. Script, produce and direct programs for radio and television 6. Develop problem-solving strategies for programming, scheduling and audience researching for effective broadcast management and station operation 7. Develop proficiency in the use of the internet in broadcast journalism practice 8. Use multi-platform approaches to reaching target audiences 9. Proficient in methods of entrepreneurship in the communication industry 111 Communication Studies Students Must Be Able To: 1. Understand the application of speech-making as a political and intellectual force in American history 2. Apply the principles of discussion methods, group leaderships, and argumentation and debate when making informed decisions 3. Analyze various genres of communication, using appropriate models and theories of rhetorical criticism 4. Analyze and orally interpret poetry, drama and other genre of literature in order to communicate both text and context to a specific audience 5. Encounter interpersonal situations with knowledge, equanimity and communication competence 6. Write, deliver, interpret and critically analyze text in various communication genres 7. Apply effective communication methods and techniques in research, critical thinking and listening, and evaluation of rhetorical acts Recording Industry Students Must Be Able To: 1. Plan and cost out a concert tour for a major and/or independent musical entity 2. Interpret the essential provisions of the commonly used contractual agreements used within the recording industry in order to advise clients 3. Demonstrate competence in all operations of a digital audio workstation (DAW), digital plug-ins and virtual instruments 4. Operate professional-format pop-concert sound reinforcement equipment 5. Compose, arrange, record and produce pop music; and 6. Develop career strategies to successfully compete in either the recording or live sound sector of the music industry Recording Technology Students Must Be Able To: 1. Perform and sequence synthetic audio (MIDI) \u2013 in various pop music genres \u2013 on a Piano Keyboard Controller 2. Demonstrate competence in the standard operations of professional format analog recording equipment 3. Demonstrate competence in all operations of a Digital Audio Workstation (DAW), Digital Plug-ins and Virtual Instruments 4. Operate professional-format pop-concert sound reinforcement equipment 5. Compose, arrange, record and produce pop music; and 6. Develop career strategies to successfully compete in either the recording or live sound sector of the music industry 90.7 The university\u2019s radio station, WVAS, serves as a professional laboratory for students majoring in Communications Media with a specialization in radio and television. The campus newspaper, The Hornet Tribune, is a laboratory for print media students (Leading to the Bachelor of Arts Degree in Communications) General Studies .............................................................................................................. 42 112 (See Pages 71-72) Pre-professional, Major and Elective Courses ........................................................... 21 211 Introduction to Mass Communications .............................................. 3 212 Beginning Newswriting ...................................................................... 3 205 Introduction to Computer Information Systems ................................... 3 or 210 Introduction to Computer Systems ...................................................... 3 200 Voice and Diction ............................................................................... 3 Restricted Electives............................................................................................ 9 Restricted electives must be chosen in consultation with major adviser. Major Field Requirements .......................................................................................... 33-36 Select one area of concentration from the following: Print Journalism ............................................................................................................ 33 213 Basic Photography ............................................................................ 3 313 Copy Editing ...................................................................................... 3 327 Feature Writing .................................................................................. 3 330 Ethical Issues in Mass Media ............................................................ 3 344 Opinion Writing .................................................................................. 3 402 Law of Communication ...................................................................... 3 404 Mass Media and Society ................................................................... 3 418 Public Affairs Reporting ..................................................................... 3 423 Practicum........................................................................................... 1 424 Internship ........................................................................................... 2-6 Elective Courses (Choose two upper-division courses) ........................... 6 Public Relations ............................................................................................................. 33 213 Basic Photography ............................................................................ 3 310 Introduction to Public Relations ......................................................... 3 313 Copy Editing ...................................................................................... 3 320 Writing for Public Relations ............................................................... 3 321 Advertising Skills for Public Relations Practice ................................. 3 330 Ethical Issues in Mass Media ............................................................ 3 400 Public Relations for Problem Solving and Applications .................... 3 402 Law of Communication ...................................................................... 3 404 Mass Media and Society ................................................................... 3 Communication Studies ................................................................................................ 33 208 Introduction to Human Communication ............................................. 3 210 Interpersonal Communication ............................................................ 3 325 Small Group Communication ............................................................. 3 340 Theories of Persuasion ...................................................................... 3 425 Rhetorical Theory and Criticism ......................................................... 3 490 Communication Studies Internship .................................................... 3 330 Ethical Issues in Mass Media ............................................................ 3 113 402 Law of Communication ...................................................................... 3 404 Mass Media and Society ................................................................... 3 420 Case Studies in Public Relations ...................................................... 3 423 Practicum........................................................................................... 1 424 Internship ........................................................................................... 2-6 Radio/Television ............................................................................................................ 36 215 Television Production Skills............................................................... 3 244 Radio and Television Newswriting .................................................... 3 323 Radio and Television Announcing ..................................................... 3 324 Radio Programming and Production ................................................. 3 330 Ethical Issues in Mass Media ............................................................ 3 402 Law of Communication ...................................................................... 3 404 Mass Media and Society ................................................................... 3 408 Electronic Newsgathering.................................................................. 3 414 Advanced Broadcast News Reporting and Production ..................... 3 415 Broadcast Station Management ........................................................ 3 423 Practicum........................................................................................... 1 424 Internship ........................................................................................... 2-6 425 Advanced Television Production ....................................................... 3 Communication Studies Elective ....................................................................... 6 Recording Industry ........................................................................................................ 30 310 Survey of American Popular Music .................................................... 3 241 Survey of the Recording Industry ........................................................ 3 350 Artist Representation ........................................................................... 3 360 Marketing and Branch Sales in the Recording Industry ...................... 3 361 Public Relations in the Recording Industry .......................................... 3 370 Legal Aspects of the Recording Industry ............................................. 3 371 Copyright Law ...................................................................................... 3 396 Talent Agency and Concert Promotion ................................................ 3 450 Entrepreneurship for Recording Industry ............................................. 3 497 Senior Seminar in Recording Industry ................................................. 3 Recording Technology .................................................................................................. 33 241 Survey of the Recording Industry ........................................................ 3 223 Musicianship for Audio Engineers ...................................................... 3 244 Basic Recording for Audio Engineers ................................................. 3 245 Advanced Recording for Audio Engineers ......................................... 3 324 Advanced Musicianship for Audio Engineers ..................................... 3 325 Musicianship ................................................................................... 3 338 Digital Audio Workstation (DAW) Theory and Applications ................ 3 342 Songwriting ......................................................................................... 3 343 Arranging ............................................................................................ 3 397 Sound Reinforcement ......................................................................... 2 499 Senior Project ............................................................................... 1 339 Audio Production ................................................................................ 3 114 Minor Elective Courses ................................................................................................. 18 students will take 330 404 423 and 424 and 496 as part of this requirement students will take 402 404 330 423 424 242 310 415 and 416 as part of this requirement students can also select 405 412 300 and 440, 450 and other concentrations. Foreign Language ............................................................................................................ 6 Choose one language, either French or Spanish ...................................................... 120-123 Eighteen hours are required for a minor in Print Journalism. Required Courses .......................................................................................................... 18 211 Introduction to Mass Communications .............................................. 3 212 Beginning Newswriting ...................................................................... 3 313 Copy Editing ...................................................................................... 3 327 Feature Writing .................................................................................. 3 418 Public Affairs Reporting ..................................................................... 3 430 Introduction to Communications Research Methods ........................ 3 .............................................................. 18 Twenty-one hours are required for a minor in Public Relations. Required Courses .......................................................................................................... 21 211 Introduction to Mass Communications .............................................. 3 212 Beginning Newswriting ...................................................................... 3 310 Introduction to Public Relations ......................................................... 3 313 Copy Editing ...................................................................................... 3 320 Writing for Public Relations ............................................................... 3 321 Advertising Skills for Public Relations Practice ................................. 3 430 Introduction to Communications Research Methods ........................ 3 .............................................................. 21 Eighteen hours are required for a minor in Radio/Television. Required Courses .......................................................................................................... 18 211 Introduction to Mass Communications .............................................. 3 212 Beginning Newswriting ...................................................................... 3 244 Radio and Television Newswriting .................................................... 3 215 Television Production Skills............................................................... 3 or 324 Radio Programming and Production ................................................. 3 323 Radio and Television Announcing ..................................................... 3 408 Electronic Newsgathering.................................................................. 3 .............................................................. 18 115 Eighteen hours are required for a minor in speech communication. Twelve hours must come from the required major courses and six hours must come from the major course electives. Required Courses .......................................................................................................... 18 Major Courses ................................................................................................... 12 Major Course Electives ...................................................................................... 6 .............................................................. 18 Eighteen hours are required for a minor in Recording Industry. Required Courses .......................................................................................................... 18 211 Introduction to Mass Communications .............................................. 3 241 Recording Industry Survey .................................................................. 3 350 Artist Representation ........................................................................... 3 370 Legal Aspects of the Recording Industry ............................................. 3 371 Copyright Law ...................................................................................... 3 396 Talent Agency and Concert Promotion ................................................ 3 .............................................................. 18 Eighteen hours are required for a minor in Recording Technology. Required Courses .......................................................................................................... 18 211 Introduction to Mass Communications .............................................. 3 223 Musicianship for Audio Engineers ...................................................... 3 244 Basic Recording for Audio Engineers ................................................. 3 245 Advanced Recording for Audio Engineers ......................................... 3 324 Advanced Musicianship for Audio Engineers ..................................... 3 338 Theory and Applications............................................................ 3 339 Audio Production ................................................................................ 3 .............................................................. 18 116 Dr. Derryn Moten, Interim Chair Dr. Dorothy Autrey, Dr. Sabella Abidde, Dr. Carol Ann B. Dennis, Dr. Bertis English, Dr. Mehdi Estakhr, Dr. Joseph Freedman, Dr. David Harmon, Dr. Sharon Herron-Williams, Dr. Alecia D. Hoffman, Dr. Aaron Horton, Dr. Byrdie Larkin, Dr. Michael Markus, Dr. Ann Mezzell, Dr. William Taylor The department of history and political science provides curricula designed to prepare students to achieve their academic, professional and career goals. Students gain an appreciation and understanding of civilizations from the study of history, geography, and political behavior, processes, structures and institutions. Student- centered, the department\u2019s interactive instruction is complemented by research and community service. The department provides supportive, high-quality courses for the university\u2019s general studies, teacher education and other academic programs The department offers Bachelor of Arts degrees in history and political science. Minor programs are offered in African-American studies, history, legal studies, political science and public administration. The department cooperates with the College of Education to offer programs of study leading to the Bachelor of Science degree with teacher certification in history and social science The history program is designed to provide students with an understanding of the major historical periods, events and personalities, and the methodological approaches and techniques used by historians to discover, organize, synthesize, interpret and present historical facts. The bachelor\u2019s degree in history prepares students for graduate study in history and related disciplines and for careers in teaching and public service. All majors are required to take the Senior Comprehensive Examination in history before they can be recommended for graduation (Leading to the Bachelor of Arts Degree) General Studies .............................................................................................................. 42 (See Pages 71-72) History majors must take the World History course sequence (HIS131-132). Pre-professional, Major and Elective Courses ........................................................... 21 205 Public Speaking ................................................................................. 3 207 American Government ....................................................................... 3 205 Computer Information Systems ........................................................... 3 or 210 Introduction to Computer Science ...................................................... 3 251 History of the United States ............................................................... 3 252 History of the United States .............................................................. 3 117 303 Advanced Grammar ........................................................................... 3 or 318 Advanced Composition ...................................................................... 3 Geography Elective ............................................................................................ 3 Required Major Courses ................................................................................................. 6 350 African-American History to 1877 ........................................................ 3 400 Historiography ...................................................................................... 3 Major Course Electives ................................................................................................. 18 Select 18 hours from the courses listed below 303 Ancient History ..................................................................................... 3 319 African History: Ancient History to 1945 .............................................. 3 321 History of England .............................................................................. 3 322 History of England ............................................................................. 3 330 History of Latin America ....................................................................... 3 360 Medieval History .................................................................................. 3 402 Slavery and the Abolitionist Movement ................................................ 3 404 The Civil Rights Movement and the Black Power Revolt .................... 3 415 Renaissance and Reformation............................................................. 3 419 Europe Since 1815 .............................................................................. 3 425 Russian History: 1917 to 1991 ............................................................. 3 450 African-American Search for Identity ................................................... 3 452 The Colonial Period in American History ............................................. 3 460 Civil War and Reconstruction............................................................... 3 470 Twentieth Century United States History to 1945 ................................ 3 471 Twentieth Century United States History after 1945 ........................... 3 480 Economic History of the United States ................................................ 3 485 History Internship .............................................................................. 1-3 490 History of Alabama and the South ....................................................... 3 Minor Courses ................................................................................................................ 18 In lieu of this requirement, History and Secondary Education majors must choose advisor approved education courses. Foreign Language .......................................................................................................... 12 Majors are required to complete 12 hours of a single foreign language. In lieu of this requirement, History and Secondary Education majors must choose advisor approved education courses. General Electives ............................................................................................................. 3 ............................................................. 120 Eighteen hours are required for a minor in History. Required Courses .......................................................................................................... 12 251 History of the United States ............................................................... 3 252 History of the United States .............................................................. 3 350 African-American History to 1877 ........................................................ 3 or 450 African-American Search for Identity ................................................... 3 118 415 Renaissance and Reformation............................................................. 3 or 419 Europe Since 1815 .............................................................................. 3 Elective ............................................................................................................................. 6 Select six hours from the courses listed below 303 Ancient History ..................................................................................... 3 319 African History: Ancient History to 1945 .............................................. 3 321 History of England .............................................................................. 3 322 History of England ............................................................................. 3 330 History of Latin American ..................................................................... 3 360 Medieval History .................................................................................. 3 400 Historiography ...................................................................................... 3 402 Slavery and the Abolitionist Movement ................................................ 3 404 The Civil Rights Movement and the Black Power Revolt .................... 3 425 Russian History: 1917 to 1991 ............................................................. 3 460 Civil War and Reconstruction............................................................... 3 470 Twentieth Century United States History to 1945 ................................ 3 471 Twentieth Century United States History after 1945 ........................... 3 480 Economic History of the United States ................................................ 3 485 History Internship ............................................................................. 1-3 490 History of Alabama and the South ....................................................... 3 .............................................................. 18 404 The Civil Rights Movement and the Black Power Revolt .................... 3 445 African-American Musicology ............................................................ 2 426 Religion and the Black Experience in America ................................... 3 430 Race and Ethnic Relations ................................................................. 3 422 Seminar: Minorities in the Media ....................................................... 3 404 Mass Media and Society ................................................................... 3 428 African American Drama ..................................................................... 3 Eighteen hours are required a minor in African-American Studies. Required Courses ............................................................................................................ 9 350 African-American History to 1877 ........................................................ 3 450 African-American Search for Identity ................................................... 3 312 Blacks in the American Political System ............................................ 3 Electives ........................................................................................................................... 9 Select 9 hours from the courses listed below 309 Introduction to African-American Art ................................................... 3 307 Black Literature .................................................................................. 3 319 African History: Ancient History to 1945 .............................................. 3 402 Slavery and the Abolitionist Movement ................................................ 3 .............................................................. 18 119 The program of study in political science concentrates on institutions, behavior, processes and doctrines in governmental and authoritative settings. It provides students with an understanding of governmental institutions and processes. The bachelor\u2019s degree in Political Science prepares students for graduate study in political science and public administration. The program also prepares students for law school and careers in law. Political Science is an excellent field of study for students interested in career opportunities in public service, teaching, law, law enforcement and foreign service. All majors are required to complete the Senior Comprehensive Examination in political science before they can be recommended for graduation (Leading to the Bachelor of Arts Degree) General Studies .............................................................................................................. 42 (See Pages 71-72) Pre-professional, Major and Elective Courses ........................................................... 21 110 Introduction to Sociology .................................................................... 3 207 American Government ....................................................................... 3 218 State and Local Government ............................................................. 3 218 Intermediate Composition .................................................................. 3 251 General Psychology ............................................................................ 3 251 History of the United States ............................................................... 3 252 History of the United States .............................................................. 3 Required Support Courses ............................................................................................. 6 222 Computer Applications in the Social Sciences................................... 3 205 Public Speaking ................................................................................. 3 Required Major Courses ............................................................................................... 21 300 Statistics for Political Science............................................................. 3 308 Comparative Political Systems ........................................................... 3 309 Scope and Methods in Political Science ............................................ 3 311 American Foreign Policy .................................................................... 3 401 Ancient and Medieval Political Thought ............................................. 3 or 402 Early Modern Political Thought .......................................................... 3 or 403 Contemporary Political Ideologies ...................................................... 3 407 American Constitutional Law ............................................................ 3 or 408 American Constitutional Law ........................................................... 3 430 Seminar in Political Science ............................................................... 3 Major Course Electives ................................................................................................... 9 Select 9 hours from the courses listed below 220 American Political Parties ................................................................... 3 310 Politics in Developing Nations ............................................................ 3 312 Blacks in the American Political System ............................................ 3 313 African Political Systems .................................................................... 3 314 International Relations ........................................................................ 3 120 320 Introduction to Public Administration .................................................. 3 321 Principles of Public Administration ..................................................... 3 322 Introduction to Public Policy ............................................................... 3 323 Introduction to Planning ...................................................................... 3 324 Public Personnel Administration ........................................................ 3 325 Public Law .......................................................................................... 3 326 Public Budgeting and Management ................................................... 3 404 The American Legal System .............................................................. 3 410 Urban Politics and Administration ...................................................... 3 420 International Law ................................................................................ 3 430 Seminar in Political Science ............................................................... 3 480 Political Science Internship ................................................................ 3 Minor Courses ................................................................................................................ 18 Foreign Language ............................................................................................................ 6 Majors are required to complete 6 hours of a single foreign language .............................................................. 123 Eighteen hours are required for a minor in political science. Required Courses ............................................................................................................ 9 207 American Government ....................................................................... 3 218 State and Local Government ............................................................. 3 309 Scope and Methods in Political Science ............................................ 3 Electives ........................................................................................................................... 9 ................................................................. 18 Eighteen hours are required for a minor in Public Administration. Required Courses ............................................................................................................ 9 320 Introduction to Public Administration .................................................. 3 321 Principles of Public Administration ..................................................... 3 322 Introduction to Public Policy ............................................................... 3 Electives ........................................................................................................................... 9 Select 9 hours from the courses listed below 312 Blacks in the American Political System ............................................ 3 323 Introduction to Planning ...................................................................... 3 324 Public Personnel Administration ........................................................ 3 325 Public Law .......................................................................................... 3 326 Public Budgeting and Management ................................................... 3 .............................................................. 18 Eighteen hours are required for a minor in Legal Studies. Required Courses ............................................................................................................ 9 249 Criminal Law ..................................................................................... 3 318 Advanced Composition ...................................................................... 3 121 404 The American Legal System .............................................................. 3 Electives ........................................................................................................................... 9 Select 9 hours from the courses listed below 247 Introduction to the American Court System ........................................ 3 251 History of the .............................................................................. 3 255 Business Law/Legal Environment .................................................... 3 349 Criminal Law .................................................................................... 3 351 Legal Rights of the Convicted ............................................................. 3 356 Business Law/Legal Environment ................................................... 3 402 Law of Communications .................................................................... 3 407 American Constitutional Law ............................................................ 3 408 American Constitutional Law ........................................................... 3 420 International Law ................................................................................ 3 455 Law of Evidence .................................................................................. 3 .............................................................. 18 122 Dr. Jacqueline Trimble, Chair Dr. Kathaleen E. Amende, Dr. Pamela Gay, Dr. Catherine Gubernatis-Dannen, Dr. Mark C. Hill, Dr. Linda W. Holladay, Dr. Daniel Keller, Dr. Clement Ndulute Our mission is to assist students in developing, as part of a broad liberal education, the analytical, critical, and linguistic skills necessary for their participation in an increasingly global and technologically advanced culture, while providing them with a breadth and depth of knowledge of languages, literature, and literary history. Our goal is to prepare students for entry into advanced degree programs as well as for professions requiring only a baccalaureate degree The department provides programs leading to the Bachelor of Arts degree in English. Generally, students who enroll in the B.A. curricula anticipate doing further study in a graduate or professional school. The department works cooperatively with the College of Education to provide programs leading to the Bachelor of Science degree in English education and language arts for students who plan to teach in secondary and middle schools. The department offers minors in English, French and Spanish. There are two English minors. The general minor is designed primarily for students wishing a grounding in the basics of English and American literature writing minor is for students needing or wishing concentrated practice in various types of writing tasks. Service courses are offered in all subject areas in which majors are offered and in philosophy. All majors are required to complete the Senior Comprehensive Examination and/or a performance evaluation in their respective disciplines before they can be recommended for graduation This department encourages all its students to seek academic advisement prior to registering for classes each semester. Students declaring a major taught in this department are assigned an adviser. The secretary of the department will be happy to tell students who their advisers are. Complexities arising from the need to meet both university and state requirements in certain programs make it advisable for students to work out their study program with their advisers. Following this practice will save students worry, time and money by eliminating costly errors and delays in completing their academic programs. In particular, students who are seeking certification to teach at secondary schools with an emphasis in one of the programs offered in this department are advised to work closely with an adviser in this department The major in English, which leads to a Bachelor of Arts degree, requires students to complete a series of courses that emphasize both American and British literature. Students in this program work at developing their verbal skills and at arriving at a fuller knowledge of themselves, their literary heritage, and their culture. Typically, students graduating from our program will be ready to pursue graduate studies in English or to enter a variety of professional studies such as law, business management, journalism and other fields requiring a sound preparation in liberal studies. Students who major in English must also complete a minor in a field other than English. English majors are to confer with their academic advisers regarding the choice of a minor. 123 (Leading to the Bachelor of Arts degree with a major in English) General Studies .............................................................................................................. 42 (See Pages 71-72) English majors must take World History course sequence 131-132). Preprofessional, Major and Elective Courses ............................................................ 15 218 Intermediate Composition .................................................................. 3 219 Introduction to Research Methods ..................................................... 3 363 Introduction to Philosophy ................................................................. 3 or 364 Introduction to Ethics ......................................................................... 3 205 Introduction to Computer Information Systems .................................. 3 or 210 Introduction to Computer Science .................................................... 3 201 Logical Reasoning ............................................................................. 3 In lieu of these requirements, English and Secondary Education majors must chose advisor approved education courses. Required Major Courses ............................................................................................. 36-42 English and Secondary Education majors must choose the following courses in completion of the major 218, 219, 220, 240, 303, 321, 322, 331, 332, 423 Elective (advisor approved elective 426 427, or 450 212\u201442 hours. Major Requirements [Category 219 Introduction to Research Methods ..................................................... 3 240 Introduction to Literary Theory ........................................................... 3 307 African-American Literature ............................................................... 3 423 Shakespeare ...................................................................................... 3 Literature [Category II] Students must choose 12 hours from among the following courses 321 Early British Literature ........................................................................ 3 322 Early Modern British Literature, excl . Shakespeare .......................... 3 323 Restoration and Enlightenment .......................................................... 3 324 Nineteenth-Century British Literature* ............................................... 3 325 Modern and Contemporary British Literature* ................................... 3 331 Colonial and Early National American Literature ............................... 3 332 Nineteenth-Century American Literature ........................................... 3 333 Modern and Contemporary American Literature* .............................. 3 *(choose either 324 or 332; choose either 325 or 333) Special Topics [Category III] Students must choose one course from the following 307 African American Literature ................................................................ 3 340, 341 Special Topics in Literary Theory ............................................... 3 360, 361 Special Topics in Gender Studies .............................................. 3 370, 371 Special Topics in Multicultural Literature ................................... 3 440, 441 Special Topics in Literature in Translation ................................. 3 124 Seminars [Category IV] Students must choose one course from the following 418, 419 Seminar in Writing and Rhetoric ................................................ 3 444, 341 Seminar in Critical Theory .......................................................... 3 Minor Courses ................................................................................................................ 18 In lieu of this requirement, English and Secondary Education majors must choose advisor approved education courses 460, 461 Seminar on Topics in Literature ................................................. 3 Major Course Elective...................................................................................................... 3 Foreign Language .......................................................................................................... 12 Students are to take all credits in one foreign language. In lieu of this requirement, English and Secondary Education majors must choose advisor approved education courses. General Elective(s) ........................................................................................................... 3 Courses in this category are to be chosen in consultation with one\u2019s major adviser .............................................................. 120 General Minor This minor is designed for students wishing grounding in the basics of English and American literature. This core can be easily built up into a full English major later, without loss of credits. Eighteen hours are required for a minor in English. Required Course ............................................................................................................ 15 219 Introduction to Research Methods ..................................................... 3 Category courses 321, 322, 323, 324, 325, 331, 332, 333 ................... 6 Category courses [Special Topics 307, 340, 341, 360, 361, 370, 371, 440, 441 ............................................................................................................. 3 Category courses [Seminar 418, 419, 444, 445, 460, 461] ........................... 3 Electives ............................................................................................................................ 3 .............................................................. 18 *Students may choose either 324 or 332, but not both; either 325 or 333, but not both Students planning on careers in law, business, teaching, and other callings in which writing skills are vital should consider this minor. Eighteen hours are required for a minor in Writing. Required Courses .......................................................................................................... 18 219 Introduction to Research Methods ..................................................... 3 220 Introduction to Linguistics ................................................................... 3 303 Advanced Grammar ........................................................................... 3 318 Advanced Composition ...................................................................... 3 319 Creative Writing .................................................................................. 3 328 Technical and Professional Writing .................................................... 3 .............................................................. 18 125 (The department offers minors in both French and Spanish Eighteen hours are required for a minor in French. Required Courses .......................................................................................................... 15 141 French ................................................................................................ 3 142 French ............................................................................................... 3 241 French III.............................................................................................. 3 242 French ............................................................................................. 3 342 Survey of French Literature .............................................................. 3 Eighteen hours are required for a minor in Spanish. Required Courses .......................................................................................................... 12 161 Spanish I.............................................................................................. 3 162 Spanish II............................................................................................. 3 261 Spanish III............................................................................................ 3 262 Spanish ........................................................................................... 3 Electives ............................................................................................................................ 9 Select any two of the following courses (6 263 Spanish Conversation and Phonology ................................................ 3 264 Advanced Spanish Grammar and Composition .................................. 3 265 Spanish Civilization ............................................................................. 3 Select any of the following courses to complete the credit hour requirements (3 362 Survey of Spanish Literature ............................................................ 3 365 Survey of Spanish-American Literature ............................................ 3 366 Survey of Spanish-American Literature ........................................... 3 Any genre course numbered 300 or above ....................................................... 3 .............................................................. 21 126 Dr. Herbert Burson, Interim Chair Ms. Tracy Pressley, Ms. Karen Roberson, Ms. Turenza Smith Social work was first organized as a major area of study at Alabama State University in 1974. The department was accredited by the Council on Social Work Education at the baccalaureate level in 1989 and was affirmed in 1992. The social work program gained full status as a separate academic department in the fall of 1994 and was reaffirmed in 2000 and 2008 for an eight-year period. It is the only accredited social work program in the Montgomery area. Upon successful completion of the prescribed curriculum, students receive a Bachelor of Social Work degree and are prepared to be competent and effective beginning level professional practitioners who are knowledgeable and will serve as leaders in the areas of service delivery to individuals, families, groups, organizations and communities in a variety of employment settings. Objectives describe in a specific way how the department carries out the goal of preparation for entry into beginning social work practice. The objectives reflect a generalist framework and provide the basis for curriculum objectives, design and content. These objectives are as follows: a. To encourage an understanding of the person-in-environment perspective of social work by providing a comprehensive liberal arts foundation that includes knowledge of the humanities and the social, behavioral and biological sciences. b. To make available knowledge of the origin and development of the social work profession and learning experiences throughout the curriculum that facilitate the understanding of social work purposes, values, and ethics for use in professional social work practice. c. To give theoretical and practice content on the patterns, dynamics and consequences of discrimination, economic deprivation, and oppression and intervention strategies that promote social and economic justice. d. To support an understanding of the influences of biological, psychological, social and cultural systems on human behavior as a means of enhancing the problem-solving and developmental capacities of diverse individuals, families, groups, organizations and communities. e. To bestow knowledge of people as individuals, as members of families, groups, organizations, communities and the social systems within which they interact as a means of understanding persons and environments and their interdependence. f. To explore and analyze the historical and philosophical development of social welfare and its relationship to the social, political, economic and cultural context in which it has existed for the acquisition and development of skill in social welfare policy and program analysis, formulation and advocacy. g. To encourage an understanding and appreciation of methods of scientific inquiry for use in problem-solving and evaluating practice activities with individuals, families, groups, organizations and communities. h. To make available knowledge of the general method of social work practice and the proficiency to use it as a problem-solving framework in social work practice with diverse individuals, families, groups, organizations and communities, and to facilitate an understanding of the relationship of research content to social work practice. i. To offer field instruction in social service agencies and settings as a means for ensuring professional social work socialization, including internalization of 127 professional values and application of theory and methods for developing skills in working with agency clientele, structures and systems. j. To make available content throughout the curriculum about differences and similarities in the experiences, needs and beliefs of people, to include groups distinguished by race, ethnicity, culture, class, gender, sexual orientation, religion, physical or mental ability, age and national origin. k. To offer educational experiences that promote effective communication, both oral and written, on subjects of professional concern and in professional roles. l. To provide an educational experience which promotes critical thinking, professional socialization and encourages continual growth and development and participation in leadership roles. Social Work Department Admissions Policy In order to be admitted to the Department of Social Work, students must present evidence of having met the following university requirements for exit from University College: a. Twenty-four (24) credit hours in the General Studies, including English 131 and 132) and Orientation 100) b cumulative of 2.0 or better c. Department of Social Work is in receipt of the student\u2019s University College file. Additionally, the student must: a. Complete the Introduction to Social Work course with a grade of at least \u201cC\u2019\u2019 b. Submit a completed application and a self-assessment survey to include the essay portion c. Attend an interview session with the admissions committee composed of department of social work faculty. The student\u2019s application and supporting documents are reviewed by the admissions committee and a discussion of the student\u2019s interest and suitability for the profession is completed. As soon as the review is completed and a recommendation is made, the student is informed by the chairperson whether they are admitted to the program and then assigned a faculty adviser. Non-admittance means that the student is not eligible to enroll in upper level social work courses (the professional foundation). Students have a right to appeal the decision of the committee using the grievance procedures found in the Social Work Program Student Handbook EDUCATION: Field education provides students the opportunity to engage in supervised social work activities and practice experiences in the application of practice principles, values and ethics of the profession and theory and skills acquired in professional foundation courses in approved settings. In order to be admitted to the field education component of the curriculum, students must have satisfactorily completed all required Social Work core course work with a grade of \u201cC\u201d or better. 128 (Leading to the Bachelor of Social Work degree) General Studies .............................................................................................................. 42 (See Pages 71-72) Social Work majors must choose the following core courses 127 General Biology and Laboratory .......................................................... 3 128 General Biology and Laboratory .......................................................... 3 209 Introduction to Literature .................................................................... 3 131 World History........................................................................................ 3 132 World History........................................................................................ 3 251 General Psychology ............................................................................ 3 110 Introduction to Sociology .................................................................... 3 Preprofessional, Major and Elective Courses ............................................................. 21 113 Societies Around the World ................................................................ 3 or 328 Cultural Anthropology ......................................................................... 3 254 Introduction to Economics .................................................................. 3 218 Intermediate Composition .................................................................. 3 or 328 Technical and Professional Writing .................................................... 3 218 State and Local Government ............................................................. 3 213 Social Problems ................................................................................. 3 361 Social Science Statistics .................................................................... 3 200 Voice and Diction ............................................................................... 3 Required Support Courses .............................................................................................. 6 210 Logical Reasoning .............................................................................. 3 222 Computer Applications in the Social Sciences................................... 3 Required Major Courses................................................................................................ 37 220 Introduction to Social Work ................................................................ 3 221 Social Work Communications ............................................................ 3 322 Human Behavior and Social Environment ....................................... 3 323 Human Behavior and Social Environment ...................................... 3 356 Social Welfare Policy and Services ................................................. 3 357 Social Welfare Policy and Services ................................................ 3 450 Applied Research .............................................................................. 3 463 Field Instruction ............................................................................... 4 464 The General Method of Social Work Practice ................................. 3 465 Field Instruction .............................................................................. 4 466 The General Method of Social Work Practice ................................ 3 467 Field Instruction Seminar ................................................................. 1 468 Field Instruction Seminar ................................................................ 1 Major Electives ................................................................................................................. 6 230 Social Work in Health Settings .......................................................... 3 354 Child Welfare ..................................................................................... 3 370 Social Work with the Aged ................................................................. 3 129 455 Social Work with Families .................................................................. 3 General Elective................................................................................................................ 8 .............................................................. 120 This course of study is designed for students who will be future participants in the political arena, on agency boards, employees of organizations and agencies that have social concerns, and participating citizens who want to have informed understandings and perspectives of individuals, families, groups and communities, their social and economic need and societal response to need. Through this curriculum, students will come to understand the person as evolving through his/her interaction with the social environment, an understanding essential for comprehending human need and appropriate societal response. The minor in social welfare equips students with a framework for analyzing present social welfare policy and programs and skill in formulating and advocating for alternative policies. Eighteen hours are required for a minor in Social Welfare. Required Courses .......................................................................................................... 15 220 Introduction to Social Work ................................................................ 3 356 Social Welfare Policy and Services ................................................. 3 357 Social Welfare Policy and Services ................................................ 3 322 Human Behavior and Social Environment ....................................... 3 323 Human Behavior and Social Environment ...................................... 3 354 Child Welfare/other approved elective ............................................... 3 Elective Course (choose one of following) .................................................................... 3 230 Social Work in Health Care Settings ................................................. 3 370 Social Work with the Aged ................................................................. 3 455 Social Work with Families .................................................................. 3 .............................................................. 18 Introduction to Social Work is required before taking any social work courses. Sequential classes must be taken in numerical order. 130 Dr. Paul O. Erhunmwunsee, Interim Chair Delilah Dotremon, Dr. Seela Aladuwaka, Dr. Ram Alagan,Dr. Elisha Dung, Dr. Gerald Bennett, Dr. Brenda Gill, Mr. Larry Spencer The Department of Criminal Justice and Social Sciences offers curricula designed to provide students with an understanding of and an ability to apply theoretical frameworks and methodological tools for the analysis of (1) culture, social behavior, and social change in micro and macro social structures and (2) the institutions, processes and current practices in the administration of criminal justice. The department aims to prepare students for graduate and professional study in criminology, criminal justice, Correction, and Juvenile Justice, law and related fields, and in Geography, Sociology and for professional employment in criminal justice, social welfare, education, government and business The department offers the Bachelor of Science degree in criminal justice. The Criminal Justice Program has four areas of specialization: criminology, corrections, juvenile justice and law enforcement. Minor programs are offered in criminal justice, sociology and gerontology geography. The department cooperates with the College of Education in offering a baccalaureate program of study leading to teacher certification in social science. Students majoring in criminal justice are required to take a Major Field Test before they can be recommended for graduation (Leading to the Bachelor of Arts Degree) General Studies ............................................................................................................. 42 (See Pages 71-72) Sociology majors must take Introduction to Sociology 110). Pre-professional, Major and Elective Courses ........................................................... 21 213 Social Problems ................................................................................. 3 222 Computer Applications in the Social Sciences................................... 3 427 Marriage and The Family ................................................................... 3 205 Public Speaking ................................................................................. 3 328 Cultural Anthropology ......................................................................... 3 Electives from General Studies .......................................................................... 6 Major Courses ................................................................................................................ 36 Required Major Courses................................................................................................ 12 313 Sociological Theory ............................................................................ 3 361 Social Science Statistics ............................................................ 3 431 Methods of Social Research ............................................................ 3 432 Methods of Social Research ........................................................... 3 Groups, Social Organizations, Institutions and Processes ......................................... 6 210 Society and Environment ................................................................... 3 220 Society Institutions and Social Change .............................................. 3 371 Society Psychology ............................................................................ 3 131 403 The Community .................................................................................. 3 443 Urban Sociology ................................................................................. 3 445 Population and Society ...................................................................... 3 Deviant Behavior .............................................................................................................. 6 253 Juvenile Delinquency ......................................................................... 3 350 Deviant Behavior ................................................................................ 3 362 Drugs and Drug Abuse............................................................... 3 412 Social Movements .............................................................................. 3 442 Criminology ........................................................................................ 3 Systems of Inequality ...................................................................................................... 6 430 Race and Ethnic Relations ................................................................. 3 434 Social Stratification ............................................................................. 3 440 Sociology of Women .......................................................................... 3 462 The Socially Disadvantaged............................................................... 3 Sociology of Health .......................................................................................................... 6 355 Sociology of Death and Dying ............................................................ 3 404 Sociology of Aging ............................................................................. 3 470 Sociology of Health and Illness .......................................................... 3 Internship (Optional 480 Sociology Internship .........................................................................1-3 Minor Courses ................................................................................................................ 18 Foreign Language ............................................................................................................ 6 Majors are required to complete 6 hours in a foreign language .............................................................. 123 (Leading to the Bachelor of Science Degree) General Studies .............................................................................................................. 42 (See Pages 71-72) Criminal Justice majors must take 251 General Psychology. Preprofessional, Major and Elective Courses ............................................................. 21 210 Introduction to Computer Science or 222 Computer Applications in the Social Sciences .................................. 3 251 Introduction to Corrections .................................................................. 3 248 Introduction to Criminal Justice ........................................................... 3 218 Intermediate Composition .................................................................. 3 364 Introduction to Ethics .......................................................................... 3 110 Introduction to Sociology .................................................................... 3 213 Social Problems ................................................................................. 3 132 Required Major Course ................................................................................................ 23-30 249 Criminal Law ..................................................................................... 3 349 Criminal Law .................................................................................... 3 361 Social Science Statistics .................................................................... 3 442 Criminology ......................................................................................... 3 450 Social Science Research I.................................................................. 3 451Social Science Research II.................................................................. 3 453 Professional Internship ..................................................................... 5 or 459 Professional Internship II, 12 hours for those students whose is 2.5 or above 400 Criminal Justice Co- operative Educational Program 12 hours 456 Seminar in Criminal Justice ................................................................ 3 Major Concentration ...................................................................................................... 18 (Select one of three concentrations listed below Required Courses............................................................................................................. 9 255 Community Offender Supervision ....................................................... 3 355 Correctional Institutional Management ............................................... 3 446 Perspectives on Corrections and Juvenile Justice ............................. 3 Elective Courses............................................................................................................... 9 247 Introduction to the American Court System ........................................ 3 253 Introduction to Juvenile Justice ........................................................... 3 351 Legal Rights of the Convicted ............................................................. 3 362 Drugs and Drug Abuse............................................................... 3 455 Law of Evidence .................................................................................. 3 218 State and Local Government ............................................................. 3 353 Abnormal Psychology ......................................................................... 3 371 or 371 Social Psychology........................................................... 3 350 Deviant Behavior ................................................................................ 3 322 Human Behavior and Social Environment ....................................... 3 352 Human Behavior and Social Environment ...................................... 3 Required Courses .......................................................................................................... 12 253 Introduction to Juvenile Justice ........................................................... 3 434 Current Trends in Juvenile Justice ..................................................... 3 446 Perspectives on Corrections and Juvenile Justice ............................. 3 Elective Courses............................................................................................................... 6 251 Introduction to Corrections .................................................................. 3 255 Community Offender Supervision ....................................................... 3 351 Legal Rights of the Convicted ............................................................. 3 354 Juvenile Institutions ............................................................................. 3 355 Correctional Institutional Management ............................................... 3 362 Drugs and Drug Abuse............................................................... 3 213 Social Problems ................................................................................. 3 427 Marriage and the Family .................................................................... 3 133 354 Child Welfare ..................................................................................... 3 331 Child Psychology ................................................................................ 3 218 State and Local Government ............................................................ 3 407 American Constitutional Law ............................................................ 3 247 Introduction to the American Court System ........................................ 3 Required Courses............................................................................................................. 9 201 Introduction to Law Enforcement ........................................................ 3 353 Police Administration .......................................................................... 3 454 Criminal Investigations ........................................................................ 3 Elective Courses............................................................................................................... 6 202 Private Security ................................................................................... 3 247 Introduction to the American Court System ........................................ 3 252 Police-Community Relations ............................................................... 3 358 Criminalistics ....................................................................................... 3 359 Patrol Administration ........................................................................... 3 360 Highway Traffic Administration ........................................................... 3 362 Drugs and Drug Abuse ....................................................................... 3 455 Law of Evidence .................................................................................. 3 350 Deviant Behavior ................................................................................ 3 430 Minority Group Problems ................................................................... 3 353 Abnormal Psychology ......................................................................... 3 218 State and Local Government ............................................................. 3 407 American Constitutional Law ............................................................ 3 Minor Courses ................................................................................................................ 18 Required Courses ......................................................................................................... 12 313 Sociological Theory ............................................................................ 3 350 Deviant Behavior ................................................................................ 3 455 Law of Evidence .................................................................................. 3 454 Criminal Investigations ........................................................................ 3 Elective Courses............................................................................................................... 6 371 Social Psychology .............................................................................. 3 434 Social Stratification ............................................................................. 3 462 The Socially Disadvantaged............................................................... 3 445 Population and Society ...................................................................... 3 358 Criminalistics ....................................................................................... 3 403 The Community .................................................................................. 3 427 Marriage and the Family .................................................................... 3 428 Violence in the Family ........................................................................ 3 .................................................... 122-129 134 Eighteen hours are required for a minor in Criminal Justice. Required Course ............................................................................................................... 3 248 Introduction to Criminal Justice ........................................................... 3 Restricted Minor Course Electives ................................................................................. 9 201 Introduction to Law Enforcement ........................................................ 3 249 Criminal Law ..................................................................................... 3 251 Introduction to Corrections .................................................................. 3 253 Introduction to Juvenile Justice ........................................................... 3 349 Criminal Law .................................................................................... 3 442 Criminology ......................................................................................... 3 Minor Course Electives .................................................................................................... 6 .............................................................. 18 Eighteen hours are required for a minor in Sociology 110, Introduction to Sociology, must be taken first. Required Courses............................................................................................................. 6 110 Introduction to Sociology .................................................................... 3 213 Social Problems ................................................................................. 3 Sociology Electives ....................................................................................................... 12 .............................................................. 18 Sociology Electives in Anthropology 113 Societies Around the World ................................................................ 3 328 Cultural Anthropology ......................................................................... 3 334 Cultures of Africa ................................................................................ 3 Students pursuing the Gerontology Minor/Certificate must take the Required Core Courses: Required Courses............................................................................................................. 6 356 Psychology of Aging ........................................................................... 3 355 Sociology of Death and Dying ............................................................ 3 404 Sociology of Aging ............................................................................. 3 Select Any Combination of Three Courses Below (9) Sociology 353 Abnormal Psychology ........................................................................ 3 371 Social Psychology .............................................................................. 3 445 Population and Society ...................................................................... 3 462 The Socially Disadvantaged............................................................... 3 470 The Sociology of Health and Illness ................................................... 3 424 Gender Issues in Psychology ............................................................. 3 135 Health 252 Consumer Health ................................................................................ 3 258 Health and Nutrition ............................................................................ 3 301 Human Sexuality ................................................................................ 3 460 Special Topics in Health Education .................................................... 3 Therapeutic Recreation 300 Professional Foundations of Recreational Therapy ........................... 3 345 Introduction to Recreation and Leisure .............................................. 3 401 Clinical Issues in Trends in Recreational Therapy ............................. 3 448 Recreational Therapy for Selected Populations ................................. 3 Physical Education 350 Physiology of Exercise ....................................................................... 3 355 Physical Activities for Aging................................................................ 3 456 Motor Learning and Development ...................................................... 3 .................................................................................................. 18 Special Note: Students who are majoring in any of the above areas cannot count courses twice (for both their major and gerontology minor). Students either will need to take additional electives to fulfill the major and minor requirements separately, or if minor courses are major requirements, they will need to take courses in other departments to fulfill minor requirements Eighteen hours are required for a minor in Geography. Required Courses............................................................................................................. 9 206 World Geography ............................................................................... 3 300 Geographic Skills ............................................................................... 3 315 Physical Geography ........................................................................... 3 Electives ............................................................................................................................ 9 Select 9 hours from the courses listed below 302 Urban Geography .............................................................................. 3 307 Geography of North America ............................................................. 3 309 Geography of Europe ......................................................................... 3 312 Geography of Africa ........................................................................... 3 320 Cultural Geography ............................................................................ 3 .............................................................. 18 136 Dr. Tina Vazin, Chair Dr. Earnest Blackshear, Dr. Dee Lisa Cothran, Dr. Tyson Platt, Dr. Marcia Rossi The Psychology Division of the Department offer a Bachelor of Science degree in Psychology. The mission of the Psychology program at is to advance the creation, communication and application of psychological knowledge to benefit society and improve people\u2019s lives with an emphasis on eliminating social, educational, health, and economic disparities. This is achieved through 1) excellence in scientific research and scholarship recognized regionally, nationally, and internationally; 2) dissemination of psychological knowledge to students through high quality instruction, mentoring, advisement, professional development, and achievement of regional prominence among undergraduate programs; and 3) service to the university, community, and profession. The Department provides a variety of experiences to give students an understanding of the opportunities in the field of psychology. Students who select psychology as a major or minor are encouraged work with an academic advisor and to obtain applied and research experience (Leading to Bachelor of Science Degree) General Studies .............................................................................................................. 42 (See Pages 71-72) Required Psychology Courses ..................................................................................... 28 200 Careers in Psychology ....................................................................... 1 352 Theories of Personality ...................................................................... 3 306 Inferential Statistics ............................................................................ 3 353 Abnormal Psychology ........................................................................ 3 360 Developmental Psychology ............................................................... 3 365 Learning and Behavior ....................................................................... 3 371 Social Psychology .............................................................................. 3 374 Biological Bases of Behavior ............................................................. 3 427 Cognitive Psychology ........................................................................ 3 453 Research Methods ............................................................................. 3 453 Psychological Methodology and Research ......................................... 3 Related Courses ............................................................................................................. 24 370 Clinical Psychology ............................................................................. 3 355 Sensation and Perception.................................................................. 3 370 Clinical Psychology ............................................................................ 3 372 History and Systems .......................................................................... 3 373 Human Factors ................................................................................... 3 375 Introduction to Developmental Disabilities .......................................... 3 376 Industrial/Organizational Psychology ................................................ 3 379 Psychology of Religion ...................................................................... 3 424 Gender Issues in Psychology ............................................................ 3 425 Human Sexuality ................................................................................ 3 426 Gerontological Psychology ................................................................ 3 137 428 Multicultural Psychology .................................................................... 3 429 Preparation for Graduate School in Psychology ............................... 3 430 Applied Behavior Analysis ................................................................. 3 374 Biological Bases of Behavior .............................................................. 3 375 Introduction to Developmental Disabilities .......................................... 3 376 Industrial/Organizational Psychology ................................................. 3 379 Psychology of Religion ....................................................................... 3 424 Gender Issues in Psychology ............................................................. 3 425 Human Sexuality ................................................................................. 3 426 Gerontological Psychology ................................................................. 3 427 Cognitive Psychology ......................................................................... 3 428 Multicultural Psychology ..................................................................... 3 429 Graduate School Preparation in Psychology ..................................... 3 430 Applied Behavior Analysis .................................................................. 3 460 Special Studies in Psychology ............................................................ 3 Minor and Electives ....................................................................................................... 18 ............................................... 120 Online Accelerated Psychology Program The Online Accelerated Psychology program is designed for community college transfer students who have completed 50 hours of general study requirements. The Online Program allows students to enroll in 60 hours of psychology coursework during a 12-month period (fall, spring, summer) to complete the requirements for the Bachelor of Science in psychology To attain a minor in psychology, a student must successfully complete 18 semester hours of approved courses at the 300-400 level. All students should plan their program in consultation with a psychology adviser. 138 Dr. Kennedy Wekesa, Dean Dr. Carl Pettis, Associate Dean The College of Science, Mathematics and Technology consists of three departments: biological sciences, mathematics and computer science, and physical sciences The College of Science, Mathematics and Technology offers programs leading to the Bachelor of Science degree in biology, computer science, chemistry, forensic chemistry, and mathematics. The department of mathematics and computer science, in collaboration with Auburn University, offers the dual degree in mathematics and engineering. Also, a dual degree in mathematics and engineering is offered in collaboration with the University of Alabama in Birmingham. Curricula leading to the Bachelor of Science degree with teacher certification are available in biology, chemistry and mathematics classes. For teacher certification requirements, see the curricula listed under the College of Education in this catalog Dr. Audrey Napier, Interim Director The biomedical research and training programs at Alabama State University are highly competitive, multidisciplinary honors programs. These programs are designed to: 1. Prepare student participants for careers in biomedical research. 2. Prepare and facilitate the entry of Alabama State University graduates into the nation\u2019s top quality graduate, health and allied health professions schools. 3. Provide research opportunities for its faculty and students. 4. Develop and strengthen the biomedical science capabilities of the institution (Pre-MARC) The Student Training Access to Research Technique (START) Program seeks to identify freshman and sophomore biology/chemistry students with (Minority Access to Research Career) potential. Students will be placed under the peer mentorship of a junior/senior scholar and a faculty member for developmental support and guidance includes the following program activities: 1. Follow Honors curriculum (see U*Star program) 2. Conduct on-campus research 3. Attend Honors seminars (fall and spring) 4. Receive personalized academic advisement 5. Mentorship through \u201cBuddy\u201d support system 6. Active involvement in BioMed Club 7. Participate in tutorial programs in gate-keeping courses 8. Give oral/poster presentation at Research and Creative Activity Symposium student applying to the program must be a freshman/sophomore majoring in Biology or Chemistry; have a minimum of 3.25 on a scale of 4.0; have an or score of 24 or 980, respectively; have two letters of recommendation from high school science teachers; and demonstrate an interest in biomedical research. The application deadline is the third Friday in September. 139 The Minority Access to Research Career Undergraduate Student Training and Academic Research U*STAR) Program includes the following activities: 1. Honors program for biology and chemistry majors with emphasis on research by undergraduate students 2. Interdepartmental Honors seminar series 3. Summer research internships at major research institutions in the United States 4. Presentation of research at national scientific meetings 5. Stipend of $9,732.00 per year for juniors and seniors Selection to the program is based on academic standing (minimum of 3.25), interest in pursuing graduate work in the biomedical sciences, faculty recommendations and personal interviews. Application, transcript, and three letters of recommendation should be submitted to the program office by the last Friday in February of the sophomore year The purpose of the Support of Continuous Research Excellence (SCORE) program is to assist biomedical research faculty at minority-serving institutions to develop competitive research programs, and to increase the number of underrepresented minorities professionally engaged in biomedical research. BioMed The BioMed Science Club is the official pre-professional student organization for Alabama State University science majors. The BioMed Club fosters academic growth, promotes solidarity among students and serves a social function for science majors. Membership is open to participants in the Biomedical Research and Training programs and students majoring in sciences. The club sponsors recruiting visits by various organizations, informal discussions on current topics, dissemination of information on pre-professional opportunities, field trips, social events and a tutoring service to students (BKX) Alabama State University first established its chapter for the Beta Kappa Chi (BKX) National Scientific Honor Society between 1946 and 1950. Today, the university\u2019s chapter is designated as the Alpha Epsilon chapter. The National Scientific Honor Society draws its members from diverse curricula across the Alabama State University campus. The national society recognizes excellence in the areas of biology, chemistry, physics, mathematics, geology, anthropology, and clinical and experimental psychology. Members of the society frequently donate time and resources to the campus community and to the community at large by serving as tutors at middle schools and speaking to middle school and high school students Alabama State University established its chapter of the National Institute of Science during the 2008-2009 academic year. The goals of the society are to increase the number of well- trained minority scientists by providing students with information concerning academic support, research; to promote scholarly activities in the sciences, including research and science education; and to form partnerships among host institutions, local clubs, area high schools 140 and the surrounding communities. Requirements: (1) Must be a dedicated freshmen, sophomore, junior, or senior here at (2) Must have at least a 2.5 G.P.A. (3) Must be a science, allied science or math major The purpose of this organization is to aid in increasing the number of minority students entering dental schools, increasing the knowledge of dentistry in undergraduate students, and in improving scores of pre-dental undergraduates. Additionally, the will provide students with the opportunity to visit dental schools and to shadow dentists, as well as to inform students of summer programs and dental research experiences. Records will also be kept of those members accepted into various dental schools participates in a consortium arrangement with the University of South Alabama (USA) in Mobile, Alabama. The Diversity Recruitment and Enrichment for Admission into Medicine (D.R.E.A.M.) program is operated by the and is designed to assess and improve the ability of minority students to perform successfully in medical school. Students enrolled at are identified and selected during the sophomore year and are offered an eight-week program of intensive preparation during the summer at the campus in Mobile. Students who complete two consecutive summers in the program and maintain a certain percentile average are offered a guaranteed acceptance into the medical school at the USA. Students entering the program are expected to be first-time sophomores; have at least a 3.0 grade point average; have an score higher than 20; have had at least 8 hours of Biology, 8 hours of Chemistry, and 8 hours of Math to include Calculus. Physics and/or Organic Chemistry courses are also a preferred plus. First consideration is given to under-represented Alabama residents. The application deadline is March 1. 141 Dr. Audrey Napier, Interim Chair Dr. Kartz Bibb, Dr. Timetria bonds, Dr. Shuntele Burns, Dr. Mamie Coats, Dr. Vida Dennis, Dr. Diann Jordan, Dr. Manoj Mishra, Dr. Peter Noble, Dr. Boakai Robertson, Dr. Shree Singh, Dr. Lula Smith, Dr. Shivani Soni, Dr. Kamol Vig, Dr. Robert Villafane, Dr. Alain Bopda-Waffo, Dr. Kennedy Wekesa, Dr. Hongzhuan Wu The department of biological sciences provides educative experiences that allow the students to learn and develop an understanding of contemporary basic biological principles and concepts. The department strives to assist students in integrating biological methods and data in the total educational process, and to stimulate and prepare them for competent service in their preferred careers in scientific research, teaching, industry or in the health- related fields. Faculty members work to inspire students to obtain the best background for subsequent advanced training in graduate or professional schools. At the same time, the department encourages both its faculty and students to pursue research in their respective areas The department offers the Bachelor of Science degree in biology and marine biology minor is offered in biology. The department cooperates with the College of Education to offer programs of study leading to teacher certification in biology education and general science education. Biology majors are required to complete the Senior Comprehensive Examination in Biology before they can be recommended for graduation (Leading to the Bachelor of Science Degree in Biology) General Studies .............................................................................................................. 42 (See Pages 71-72) Biology majors must choose the following core courses 127 General Biology ................................................................................... 4 128 General Biology ................................................................................... 4 165 Pre-calculus Trigonometry ................................................................. 5 Pre-professional, Major and Elective Courses ........................................................... 19 *In lieu of this requirement, Biology and Secondary Education majors must choose advisor approved education courses 141 General College Chemistry .............................................................. 4 142 General College Chemistry ............................................................. 4 206 College Physics ............................................................................... 4 207 College Physics .............................................................................. 4 Choose one of the following courses 205 Introduction to Computer Information Systems ................................... 3 or 210 Introduction to Computer Science ...................................................... 3 142 Required Major Courses................................................................................................ 32 240 General Zoology .................................................................................. 4 241 General Botany .................................................................................... 4 305 Population Biology and Evolution ........................................................ 3 310 Ecology ................................................................................................ 4 320 Human Physiology ............................................................................... 4 337 Cell Biology .......................................................................................... 4 350 Biological Techniques and Instrumentation ......................................... 4 420 Molecular Biology and Genetics .......................................................... 4 450 Seminar in Biology ............................................................................... 1 Major Course Electives.................................................................................................. 12 Majors may choose any 300-400 level biology elective courses *In lieu of this requirement, Biology and Secondary Education majors must choose advisor approved education courses. Required Support Courses .......................................................................................... 10 *In lieu of this requirement, Biology and Secondary Education majors must choose advisor approved education courses 211 Organic Chemistry ............................................................................ 5 212 Organic Chemistry ........................................................................... 5 General Electives.............................................................................................................. 6 .............................................................. 123 (Leading to the Bachelor of Science Degree in Biology) General Studies .............................................................................................................. 42 (See Pages 71-72) Biology majors must choose the following core courses 127 General Biology ................................................................................... 4 128 General Biology ................................................................................... 4 165 Pre-calculus Trigonometry ................................................................. 5 Pre-professional, Major and Elective Courses ........................................................... 23 141 General College Chemistry .............................................................. 4 142 General College Chemistry ............................................................. 4 265 Calculus and Analytical Geometry ................................................... 4 206 College Physics ................................................................................ 4 207 College Physics ............................................................................... 4 Choose one of the following courses 205 Introduction to Computer Information Systems ................................... 3 or 210 Introduction to Computer Science ...................................................... 3 143 Required Major Courses................................................................................................ 42 240 General Zoology .................................................................................. 4 241 General Botany .................................................................................... 4 301 Principles of Scientific Integrity ............................................................ 1 310 Ecology ................................................................................................ 4 320 Human Physiology ............................................................................... 4 323 General Microbiology ........................................................................... 4 337 Cell Biology .......................................................................................... 4 340 Biostatistics .......................................................................................... 3 350 Biological Techniques and Instrumentation ......................................... 4 420 Molecular Biology and Genetics .......................................................... 4 425 Immunology ......................................................................................... 3 450 Seminar in Biology ............................................................................... 1 460 Senior Honors Research ..................................................................... 2 Required Support Courses ........................................................................................... 14 211 Organic Chemistry ............................................................................ 5 212 Organic Chemistry ........................................................................... 5 421 Biochemistry ....................................................................................... 4 .............................................................. 123 (Leading to the Bachelor of Science Degree in Biology) General Studies .............................................................................................................. 42 (See Pages 71-72) Biology majors must choose the following core courses 127 General Biology ................................................................................... 4 128 General Biology ................................................................................... 4 165 Pre-calculus Trigonometry ................................................................. 5 Pre-professional, Major and Elective Courses ........................................................... 23 141 General College Chemistry .............................................................. 4 142 General College Chemistry ............................................................. 4 265 Calculus and Analytical Geometry ................................................... 4 206 College Physics ................................................................................ 4 207 College Physics ............................................................................... 4 Choose one of the following courses 205 Introduction to Computer Information Systems ................................... 3 or 210 Introduction to Computer Science ...................................................... 3 Required Major Courses................................................................................................ 41 200 Introduction to Health Professions ....................................................... 1 240 General Zoology .................................................................................. 4 144 241 General Botany .................................................................................... 4 319 Human Anatomy .................................................................................. 4 320 Human Physiology ............................................................................... 4 323 General Microbiology ........................................................................... 4 337 Cell Biology .......................................................................................... 4 350 Biological Techniques and Instrumentation ......................................... 4 420 Molecular Biology and Genetics .......................................................... 4 421 Animal Histology .................................................................................. 4 425 Immunology ......................................................................................... 3 450 Seminar in Biology ............................................................................... 1 Required Support Courses ........................................................................................... 14 211 Organic Chemistry ............................................................................ 5 212 Organic Chemistry ........................................................................... 5 General Electives ................................................................................................ 6 .............................................................. 123 (Leading to the Bachelor of Science Degree in Marine Biology) Alabama State University, through affiliation with the Marine and Environmental Sciences Consortium, offers a major in Marine Biology designed for those students interested in this area. Students pursuing this program are required to complete the general college requirements and a minimum of 16 semester hours of Marine Science courses. The courses in Marine Biology are offered only at Dauphin Island Sea Laboratory, located on Dauphin Island, Ala. General Studies .............................................................................................................. 42 (See Pages 71-72) Marine Biology majors must choose the following core courses 127 General Biology ................................................................................... 4 128 General Biology ................................................................................... 4 165 Precalculus Trigonometry ................................................................... 5 Preprofessional, Major and Elective Courses ............................................................. 19 141 General College Chemistry .............................................................. 4 142 General College Chemistry ............................................................. 4 206 College Physics ................................................................................ 4 207 College Physics ............................................................................... 4 Choose one of the following courses 205 Introduction to Computer Information Systems ................................... 3 or 210 Introduction to Computer Science ...................................................... 3 Required Major Courses................................................................................................ 40 240 General Zoology .................................................................................. 4 145 241 General Botany .................................................................................... 4 305 Population Biology and Evolution ........................................................ 3 310 Ecology ................................................................................................ 4 323 Microbiology ......................................................................................... 4 337 Cell Biology .......................................................................................... 4 350 Biological Techniques and Instrumentation ......................................... 4 420 Molecular Biology and Genetics .......................................................... 4 433 Marine Biology ..................................................................................... 4 438 Marine Ecology .................................................................................... 4 450 Seminar in Biology ............................................................................... 1 Required Support Courses ........................................................................................... 14 211 Organic Chemistry ............................................................................ 5 212 Organic Chemistry ........................................................................... 5 421 Biochemistry ....................................................................................... 4 Marine Biology Electives ................................................................................................. 8 .............................................................. 125 (Leading to the Bachelor of Science Degree in Biology) General Studies .............................................................................................................. 42 (See Pages 71-72) Biology majors must choose the following core courses 127 General Biology ................................................................................... 4 128 General Biology ................................................................................... 4 165 Pre-calculus Trigonometry ................................................................. 5 Pre-professional, Major Courses .................................................................................. 23 265 Calculus and Analytic Geometry ...................................................... 4 141 General College Chemistry .............................................................. 4 142 General College Chemistry ............................................................. 4 206 College Physics ................................................................................ 4 207 College Physics ............................................................................... 4 Choose one of the following courses 205 Introduction to Computer Information Systems ................................... 3 or CSC210 Introduction to Computer Science ....................................................... 3 Required Major Courses................................................................................................ 42 240 General Zoology .................................................................................. 4 241 General Botany .................................................................................... 4 305 Population Biology and Evolution ........................................................ 3 310 Ecology ................................................................................................ 4 320 Human Physiology ............................................................................... 4 323 General Microbiology ........................................................................... 4 146 337 Cell Biology .......................................................................................... 4 340 Biostatistics .......................................................................................... 3 350 Biological Techniques and Instrumentation ......................................... 4 420 Molecular Biology and Genetics .......................................................... 4 450 Seminar in Biology ............................................................................... 1 Choose one of the following courses 424 Principles of Virology ........................................................................... 3 425 Immunology ......................................................................................... 3 427 Environmental Microbiology ................................................................. 3 429 Medical Microbiology ........................................................................... 3 Required Support Courses ........................................................................................... 14 211 Organic Chemistry ............................................................................ 5 212 Organic Chemistry ........................................................................... 5 421 Biochemistry ....................................................................................... 4 .............................................................. 123 minimum of 20 semester hours is required for a minor in biology. Recommended Courses ................................................................................................ 16 350 Biological Techniques and Instrumentation ......................................... 4 Electives ............................................................................................................................ 4 ................................................................. 20 Department of Biological Sciences and/or Dean of the College of Science Mathematics and Technology. Recommended courses for completion of a minor in biology may require completion of additional prerequisite courses 305 (4), organ, adaptations, physiology and ecology of parasites. Identification and life histories of representation parasitic protozoa, helminths and anthropoids, with emphasis on host-parasite relations, Prerequisite 240. Three lectures and one lab period 310 (4 study of the interrelationships of organisms and their environment with emphasis on ecosystems, population dynamics and population ecology, Prerequisites 240 and 241. 147 Dr. Carl S. Pettis, Chair Dr. Wen-Dong Chang, Dr. Iraj Danesh, Dr. Chunhua Feng, Dr. Michelle Foster, Dr. Cavadious Jones, Mr. William Pilati, Mr. Timothy Holland, Dr. Carolyn Simmons-Johnson, Dr. Xiaolin Li, Dr. Fred Roush, Dr. Janet St. Clair, Dr. Rajendran Swamidurai, Dr. Jun Wang, Dr. Raynetta Prevo-Williams, Ms. Jing Zhou The objectives of the department are to help students acquire essential knowledge and understanding of mathematics and computer science for entry-level professional career opportunities and graduate study in the respective areas; provide courses for continuing education that satisfy the needs of students who desire courses for professional enrichment; provide education in computer scienceand mathematical knowledge for students whose major/minor fields are in areas other than computer science or mathematics; and instill in the students the incentive to strive toward excellence and do research in computer science and mathematics The department offers majors in computer science, mathematics and a dual- degree pro- gram in mathematics/engineering. Minors are offered in computer science and mathematics. The department cooperates with the College of Education to offer a B.S. program with teacher certification in mathematics education. Majors are required to complete the Senior Comprehensive Examination in their respective disciplines before they can be recommended for graduation This agreement establishes a plan whereby an undergraduate student will attend \u201cFirst College\u201d for approximately three (3) academic years and then transfer to the Samuel Ginn College of Engineering at Auburn University. After completing the academic requirements of two cooperating institutions, the student will be awarded a bachelor\u2019s degree from \u201cFirst College\u201d (hereafter referred to as F.C. where F.C. represents first college) and one of the several designated engineering bachelor degrees awarded by Auburn University (hereafter referred to as AU). Dual-Degree candidates from F.C. are eligible to seek any of the following degrees from AU. (It is understood that F.C. may delete any degrees that are not compatible with F.C.\u2019s educational offerings). Bachelor of Aerospace Engineering Bachelor of Biosystems Engineering Bachelor of Chemical Engineering Bachelor of Civil Engineering Bachelor of Computer Science Bachelor of Electrical Engineering Bachelor of Industrial and Systems Engineering Bachelor of Materials Engineering Bachelor of Mechanical Engineering 148 Bachelor of Software Engineering Bachelor of Polymer and Fiber Engineering Bachelor of Wireless Engineering Courses which are to be part of the Study Program at F.C. The Dual-Degree Coordinator (DDC) at is to be contacted concerning descriptions of course prerequisites and minimum course content. If F.C. cannot offer all of the courses listed below, or if the student is unable to schedule all of the courses, F.C. agrees to allow transfer credit applicable toward the F.C. degree for such courses taken at AU. The following amount of course credits in the specified areas must be included in the three-year study program taken at F.C., according to the degree sought at The College of Science, Mathematics, and Technology consists of three departments: biological sciences, mathematics and computer science, and physical sciences Hours Areas of Study Semester F.C. Courses English Composition 6 English Composition World Literature 6 World Literature World History 6 World History Social Science 6 Microeconomics Psychology Fine Arts 3 Music Appreciation or Theatre Appreciation or Art Appreciation Introduction to Ethics 3 Ethics Calculus 12 Calculus (4-hour courses) Differential Equations 3 Differential Equations (not required for Computer Science) Linear Algebra 3 Linear Algebra Required in aerospace, computer science, electrical, industrial, materials mechanical, software, polymer and fiber, and wireless (hardware and software). General Chemistry 4 General Chemistry Required in aerospace, biosystems, chemical, civil, electrical, industrial, materials, mechanical, polymer and fiber, and wireless (hardware Hours Areas of Study Semester F.C. Courses General Chemistry 4 General Chemistry Required in biosystems, chemical, civil, materials, and polymer and fiber. Principles of Biology 4 Principles of Biology Required in biosystems and chemical. Organismal Biology 4 Animal Biology Required in biosystems. Engineering Physics 4 General Physics Required in aerospace, biosystems, (Calculus-based) chemical, civil, computer, electrical, industrial, materials, mechanical, software, polymer and fiber, and wireless (hardware and software). 149 Engineering Physics 4 General Physics Required in aerospace, civil, electrical, (Calculus-based) industrial, materials, mechanical, software, polymer and fiber, wireless (hardware and software), and chemical. Computer Programming 2 Computer Programming C++ required for electrical, wireless (C++) (hardware required for software, wireless (software). MatLab required for aerospace, biosystem, chemical, civil, industrial, materials, mechanical, and polymer and fiber. Other courses in mathematics, engineering, statistics, etc. will be considered for degree credit. Please review your intended engineering curriculum model in the Bulletin and refer questions to the at Auburn, (334) 844-2866. General Statement of Requirements to be Imposed by F.C. The total study program at F.C. will have a minimum number equal to three- fourths of the total hours required by that college for the awarding of the bachelor\u2019s degree (The student may not be admitted to in this program until this requirement is satisfied). The student pursuing the Dual-Degree Program may be jointly enrolled at both institutions. Requirements for Approval for Degree-Seeking Status as a Dual-Degree Student at In order for a student to become a dual-degree candidate at he/she must have: 1. Completed three-fourths of the credit required for a degree from F.C. 2. Provided a recommendation letter from the designated official at F.C. 3. Satisfied the admission requirements for the College of Engineering at AU. Hours of Course Credit Required at Auburn University for Designated Bachelor\u2019s Degree The Dual-Degree Program student will be required to complete an study program that includes all the remaining course work in the standard curriculum for the particular degree being sought. If the official study program at for the dual-degree candidate includes free electives, and the candidate has excess hours of credit at F.C., these excess hours will be used as free elective transfer credit at AU. Online or Video Courses Provided to Students in F.C. by In order to help potential dual-degree students in F.C. to get familiar with culture during the first three years of study may provide some mutually agreed upon introductory courses as outreach courses. Provision for Change or Termination This agreement is subject to change, including the opportunity to add or delete degree programs by mutual consent. Either party may revoke it by written notice to the other party, giving at least three years notice of intent to void the agreement (Leading to the Bachelor of Science Degree with a major in mathematics) General Studies .............................................................................................................. 42 (See Pages 71-72) Pre-professional, Major and Elective Courses ........................................................... 19 *In lieu of this requirement, Mathematics and Secondary Education majors must choose an elective. 150 210-211 General Physics .................................................................... 8 or 141-142 General College Chemistry ................................................... 8 210 Introduction to Computer Science ...................................................... 3 211 Programming Concepts, Standards and Methods ............................. 4 212 Introductory Data Structures, Algorithms .......................................... 4 Professional - Major Field Curriculum ......................................................................... 50 Required Major Courses................................................................................................ 41 165 Pre-calculus Trigonometry ............................................................... 5 251 Introduction to Linear Algebra ............................................................ 3 265 Calculus and Analytic Geometry .................................................. 4 266 Calculus and Analytic Geometry ..................................................... 4 267 Calculus and Analytic Geometry .................................................... 4 373 Introduction to Modern Algebra ........................................................ 3 375 Differential Equations ......................................................................... 3 401 Advanced Calculus ............................................................................. 3 472 Probability and Statistics .................................................................. 3 473 Probability and Statistics ................................................................. 3 486 Introduction to Real Analysis .............................................................. 3 487 Senior Seminar ................................................................................... 3 *Students using 165 as the core course must take an additional math elective from the list below. **Students using 265 as the core course must take two additional math electives from the list below. Major Course Electives.................................................................................................... 9 (Mathematics and Secondary Education majors must select 225 and 256 and an advisor approved elective 225 Intro to Statistics ................................................................................. 3 256 Discrete Mathematics ......................................................................... 3 374 Introduction to Modern Algebra ....................................................... 3 376 Numerical Analysis and Computer Applications ................................ 3 410 Introduction to Partial Differential Equations ...................................... 3 425 Operations Research ......................................................................... 3 430 Mathematics of Compound Interest ................................................... 3 431 Mathematics of Demography ............................................................. 3 470 Design and Analysis of Experiments .................................................. 3 471 Elementary Stochastic Processes ...................................................... 3 484 Modern Geometry .............................................................................. 3 490 Topics in Applied Mathematics........................................................... 3 491 Research and Independent Study ...................................................... 3 495 History of Mathematics Seminar ........................................................ 3 General Electives ............................................................................................................. 9 .............................................................. 120 151 Eighteen semester hours are required for a mathematics minor. Required Courses .......................................................................................................... 18 251 Introduction to Linear Algebra ............................................................ 3 265 Calculus and Analytic Geometry ...................................................... 4 266 Calculus and Analytic Geometry ..................................................... 4 267 Calculus and Analytic Geometry .................................................... 4 375 Differential Equations ......................................................................... 3 .............................................................. 18 (Leading to the Bachelor of Science Degree with a Major in Computer Science) General Studies .............................................................................................................. 42 (See Pages 71-72) English Composition ....................................................................................................... 6 131 English Composition .......................................................................... 3 132 English Composition .......................................................................... 3 or 140 English Composition (Honors) ........................................................... 3 141 English Composition (Honors) ........................................................... 3 Humanities and Fine Arts .............................................................................................. 12 Required Courses 103 Humanities Through the African American Experience* ................... 3 and 109 Introduction to Literature** ................................................................. 3 110 Introduction to Literature** ................................................................. 3 Choose one of the following 131 Art Appreciation .................................................................................. 3 121 Music Appreciation ............................................................................. 3 111 Introduction to Theater ........................................................................ 3 Humanities Electives: (choose one of the following 101 Humanities ......................................................................................... 3 102 Humanities ......................................................................................... 3 200 Voice and Diction ............................................................................... 3 205 Public Speaking ................................................................................. 3 210 Logical Reasoning .............................................................................. 3 *Requirement for originating Alabama State University students. **Students satisfying the six semester hour literature sequence 209 and 210) are only required to complete three semester hours of the history sequence 131 or 132) and are not required to take a humanities elective. Natural Sciences and Mathematics .............................................................................. 12 (A) Natural Sciences ........................................................................................................ 8 152 210 College Physics ................................................................................ 4 211 College Physics ............................................................................... 4 (B) Mathematics ............................................................................................................... 3 137 Pre-calculus Algebra .......................................................................... 3 History, Social and Behavioral Sciences..................................................................... 12 Required Courses 206 World Geography* ............................................................................. 3 and 131 World History** ..................................................................................... 3 132 World History** ..................................................................................... 3 History, Social and Behavioral Sciences Electives: Choose two of the following 113 Societies Around the World ................................................................ 3 251 Principles of Economics ..................................................................... 3 254 Introduction to Economics .................................................................. 3 207 American Government ....................................................................... 3 251 General Psychology ............................................................................ 3 110 Introduction to Sociology .................................................................... 3 *Requirement for originating Alabama State University students. **Students satisfying the six semester hour history sequence 131 and 132) are required to complete only three semester hours of the English literature sequence 209 or 210) and are only required to take one (1) history, social and behavioral sciences elective. Orientation - Required of All Undergraduates ............................................................... 1 100 Freshman Orientation .......................................................................... 1 Pre-professional, Major and Elective Courses ........................................................... 22 165 Pre-calculus Trigonometry ................................................................. 5 251 Linear Algebra .................................................................................... 3 256 Discrete Mathematics ......................................................................... 3 265 Calculus and Analytic Geometry ...................................................... 4 266 Calculus and Analytic Geometry ..................................................... 4 472 Probability and Statistics .................................................................... 3 Professional - Major Field Curriculum ......................................................................... 51 Required Major Courses................................................................................................ 41 210 Introduction to Computer Science ...................................................... 3 211 Programming Concepts, Standards and Methods ............................. 4 212 Introduction to Data Structures and Algorithms ................................. 4 280 Introduction to Software Engineering ............................................... 4 311 Introduction to Computer Organization .............................................. 4 312 Introduction to Computer Systems ..................................................... 4 315 Data Communication and Networking ................................................ 4 330 Architecture of Digital Computers ...................................................... 3 414 Introduction to Operating Systems ..................................................... 4 421 Data Structure and Algorithm Analysis .............................................. 4 153 431 Organization of Programming Languages ......................................... 3 Major Course Electives.................................................................................................. 10 200 Computers and Society ...................................................................... 3 380 Algorithms........................................................................................... 3 420 Numerical Methods ............................................................................ 3 435 Data Base and Information Retrieval ................................................. 3 437 Software Engineering ...................................................................... 3 440 Automata, Computability and Formal Language ................................ 3 441 Compiler Design ................................................................................. 4 442 Computer Graphics ............................................................................ 3 445 Supercomputing ................................................................................. 4 447 Object-Oriented Programming ........................................................... 4 460 Artificial Intelligence ............................................................................ 3 490 Special Topics .................................................................................... 3 491 Special Topics .................................................................................... 3 492 Special Topics .................................................................................... 3 General Electives .............................................................................................................. 6 .............................................................. 120 Twenty-four semester hours are required for a minor in Computer Science. Required Courses .......................................................................................................... 20 211 Programming Concepts, Standards and Algorithms .......................... 4 212 Introduction to Data Structure ............................................................ 4 311 Introduction to Computer Organization .............................................. 4 312 Introduction to Computer Systems ..................................................... 4 421 Data Structure and Algorithm Analysis .............................................. 4 General Elective ................................................................................................................ 4 .............................................................. 24 154 Dr. Azriel Gorski, Chair Dr. Cleon Barnett, Ms. Sheree Finley, Dr. Harvey Hou, Dr. Sapna Jain, Dr. Gulnaz Javan, Mr. Elijah Nyairo, Dr. Douglas Strout, Dr. Oswald Tekyi-Mensah The department of physical sciences offers curricula in chemistry, forensic biology and forensic chemistry designed to prepare students for graduate and professional studies, as well as for entry-level positions in industrial and governmental organizations. The pre-health professional program prepares students to pursue further training for careers in health professions. The forensic chemistry degree and the forensic biology degree are designed to prepare students for careers in forensic science. The department also provides chemistry, physics, and physical science courses for education majors and offers physical science courses for non-science majors The department offers the Bachelor of Science in chemistry, the Bachelor of Science in Forensic Biology and the Bachelor of Science in forensic chemistry minor in chemistry is offered. The department cooperates with the College of Education to offer baccalaureate degree programs leading to teacher certification in chemistry and general science. Students majoring in either chemistry or forensic chemistry must take the Senior Comprehensive Examination before they can be recommended for graduation (Leading to the Bachelor of Science with a major in chemistry) General Studies .............................................................................................................. 42 (See Pages 71-72) Chemistry majors must choose the following 141-142 General College Chemistry ......................................................... 8 265 Calculus and Analytic Geometry ...................................................... 4 Pre-professional Courses ............................................................................................. 19 *In lieu of this requirement, Chemistry and Secondary Education majors may choose electives 210 Introduction to Computer Science ...................................................... 3 210-211 General Physics ......................................................................... 8 266-267 Calculus and Analytic Geometry ........................................ 8 Required Support Course ............................................................................................... 3 *In lieu of this requirement, Chemistry and Secondary Education majors may choose electives 375 Differential Equations ......................................................................... 3 Required Major Courses................................................................................................ 34 211-212 Organic Chemistry .................................................................... 10 155 321-322 Physical Chemistry ...................................................................... 8 342 Quantitative Analysis .......................................................................... 4 343 Instrumental Analysis ......................................................................... 4 418 Chemistry Seminar ............................................................................. 2 421 Biochemistry ..................................................................................... 4 431 Introduction to Research .................................................................... 2 Major Course Elective...................................................................................................... 4 *In lieu of this requirement, Chemistry and Secondary Education majors may choose electives. Choose four credits from the following 419 Physical Organic Chemistry ............................................................... 4 422 Biochemistry .................................................................................... 4 423 Organic Synthetic Methods ................................................................ 4 433 Introduction to Chemical Thermodynamics and Quantum Chemistry .................................................................................... 4 Minor Courses or Electives ........................................................................................... 17 .............................................................. 123 *For descriptions of B.S. programs in chemistry education and science education, with teacher certification, see College of Education in this catalog Twenty-six semester hours are required for a Minor in chemistry. Required Courses .......................................................................................................... 26 141 General College Chemistry ................................................................ 4 142 General College Chemistry ................................................................ 4 211 Organic Chemistry ............................................................................ 5 212 Organic Chemistry ........................................................................... 5 Two upper-level courses chosen from 321 Physical Chemistry ........................................................................... 4 322 Physical Chemistry .......................................................................... 4 342 Quantitative Analysis .......................................................................... 4 343 Instrumental Analysis ......................................................................... 4 421 Biochemistry ..................................................................................... 4 422 Biochemistry .................................................................................... 4 .............................................................. 26 Note: The two upper-level courses need not come from the same sequence. Part of each sequence is a prerequisite for part of the same sequence (Leading to the Bachelor of Science with a major in chemistry) General Studies .............................................................................................................. 42 (See Pages 71-72) 156 Chemistry majors must choose the following 141-142 General College Chemistry ......................................................... 8 265 Calculus and Analytic Geometry ...................................................... 4 Pre-professional Courses ............................................................................................. 19 210 Introduction to Computer Science ...................................................... 3 210-211 General Physics .......................................................................... 8 266-267 Calculus and Analytic Geometry .......................................... 8 Required Support Courses ...................................................................... 12 375 Differential Equations ......................................................................... 3 127 General Biology & Lab ......................................................................... 4 128 General Biology & Lab ......................................................................... 4 200 Introduction to the Health Profession .................................................. 1 Required Major Courses................................................................................................ 34 211-212 Organic Chemistry .................................................................... 10 321-322 Physical Chemistry ...................................................................... 8 342 Quantitative Analysis .......................................................................... 4 343 Instrumental Analysis ......................................................................... 4 418 Chemistry Seminar ............................................................................. 2 421 Biochemistry ..................................................................................... 4 431 Introduction to Research .................................................................... 2 Major Course Elective...................................................................................................... 4 Choose four credits from the following 419 Physical Organic Chemistry ............................................................... 4 422 Biochemistry .................................................................................... 4 423 Organic Synthetic Methods ................................................................ 4 433 Introduction to Chemical Thermodynamics and Quantum Chemistry .................................................................................... 4 General Electives ............................................................................................................. 8 .............................................................. 120 (leading to a bachelor\u2019s degree with a major in forensic biology) General Studies .............................................................................................................. 42 (See Pages 71-72) Forensic Biology majors must select the following courses under General Studies 141 General College Chemistry ................................................................ 4 142 General College Chemistry ................................................................ 4 265 Calculus and Analytic Geometry ...................................................... 4 Required Natural Science Courses .............................................................................. 32 157 127 General Biology and Lab ..................................................................... 4 210 Introduction to Computer Science ...................................................... 3 210-211 General Physics .......................................................................... 8 211-212 Organic Chemistry ...................................................................... 10 MAT225 or 361 Statistics .......................................................................... 3 266 Calculus and Analytic Geometry ..................................................... 4 Required Specialized Sciences .................................................................................... 15 323 General Microbiology ........................................................................... 4 336 Principles of Genetics .......................................................................... 3 420 Molecular Biology and Genetics .......................................................... 4 421 Biochemistry ....................................................................................... 4 Required Major Forensic Biology ................................................................................. 18 220 Forensic Science Survey .................................................................... 3 248 Introduction to Criminal Justice ........................................................... 3 319 Forensic Biology ................................................................................. 4 412 Forensic Analysis, Crime Scene Investigation, Ethics, And Professional Responsiblities ....................................................................... 4 400 (Research) or 466 (Internship) ................................................... 3 499 Senior Capstone Seminar ................................................................... 1 Major Elective Courses.................................................................................................. 12 Choose twelve credits from the following 337 Cell Biology .......................................................................................... 4 321 and CHE322 Physical Chemistry w/Lab and ................................ 8 CHE342 Quantitative Analysis ........................................................................... 4 343 Instrumental Analysis ......................................................................... 4 FRS320 Forensic Chemistry w/Lab ................................................................... 4 423 Principles of Forensic Toxicology ....................................................... 4 424 Forensic Microscopy and FRS425 For. Mic. Lab ............................... 3 450 Expert Testimony in Forensics ........................................................... 3 Free Elective ...................................................................................................... 4 .............................................................. 120 (leading to a bachelor\u2019s degree with a major in forensic chemistry) General Studies .............................................................................................................. 42 (See Pages 71-72) Forensic Chemistry majors must select the following courses under General Studies 141 General College Chemistry ................................................................ 4 142 General College Chemistry ................................................................ 4 265 Calculus and Analytic Geometry ...................................................... 4 Required Natural Science Courses .............................................................................. 28 127 General Biology and Lab ..................................................................... 4 158 210 Introduction to Computer Science ...................................................... 3 210-211 General Physics .......................................................................... 8 211-212 Organic Chemistry .................................................................... 10 MAT225 or 361 Statistics .......................................................................... 3 Required Specialized Sciences .................................................................................... 20 266 Calculus and Analytic Geometry ..................................................... 4 321-322 Physical Chemistry ...................................................................... 8 342 Quantitative Analysis .......................................................................... 4 343 Instrumental Analysis ......................................................................... 4 Required Major Forensic Chemistry ............................................................................ 25 220 Forensic Science Survey .................................................................... 3 358 Criminalistics ....................................................................................... 3 319 Forensic Biology ................................................................................. 4 320 Forensic Chemistry ............................................................................. 4 412 Forensic Analysis, Crime Scene Investigation, Ethics, and Professional Responsibilities .................................... 4 424 Forensic Microscopy ........................................................................... 2 425 Forensic Microscopy Lab .................................................................... 1 400 or 466 Research/Internship ......................................................... 3 499 Senior Capstone Seminar ................................................................... 1 Major Elective Courses.................................................................................................... 8 Choose eight credits from the following 336 Principles of Genetics .......................................................................... 3 337 Cell Biology .......................................................................................... 4 421 Biochemistry ..................................................................................... 4 423 Principles of Forensic Toxicology ....................................................... 4 450 Expert Testimony in Forensics ........................................................... 3 .............................................................. 120 Twenty-six credit hours are required for a minor in chemistry: Required Courses .......................................................................................................... 26 141-142 General College Chemistry ......................................................... 8 211-212 Organic Chemistry ................................................................... 10 Eight credits chosen from the following 321 Physical Chemistry ............................................................................. 4 322 Physical Chemistry ............................................................................. 4 342 Quantitative Analysis .......................................................................... 4 343 Instrumental Analysis ......................................................................... 4 421 Biochemistry ..................................................................................... 4 422 Biochemistry .................................................................................... 4 Note: The eight upper-division hours need not come from the same sequence, but part of each sequence is a prerequisite for part II. 159 Dr. Tommie H. Stewart, Dean Dr. Caterina Bristol, Associate Dean The College of Visual and Performing Arts consists of three departments: music, theatre and visual arts, each offering a comprehensive body of knowledge. The department of music is accredited by the National Association of Schools of Music. The department of theater arts is accredited by the National Association of Schools of Theater. The department of visual arts is accredited by the National Association of Schools of Art and Design. The department of theater arts is designated as a Center of Excellence. The Silvera- Richards-Stewart Center of Excellence was established to expand on the philosophy and performance techniques of the \u201cAmerican Theater of Being.\u201d This concept was developed by famed actor/director Frank Silvera. \u201cBeing\u201d he defined \u201cas existing in a complete and perfect state lacking no essential characteristics The primary mission of the College of Visual and Performing Arts (COVPA) is to prepare artists, professionals and educators for the 21st century. Students are taught the complexities of visual and performing arts through empowering aesthetic experiences seeks to be a pre-eminent provider of education in the arts by celebrating diverse artistic traditions, acknowledging student creativity, and recognizing the s i g n i f i c a n c e o f African and African- American culture. Professional and award-winning faculty mentor students to become leaders in the arts The College of Visual and Performing Arts offers scholarships based on academic and artistic merit. Scholarships cover the cost of tuition and fees for up to eight semesters depending upon the individual award. Scholarship applications may be obtained from the various departments and may require an audition, letters of reference, portfolio review, and a minimum grade point average. Contact individual Departments for specific scholarships. *Application on file 160 Mr. Stephen C. Cappelli, Chair Mr. Nathaniel Allen, Ms. Charmagne Andrews, Dr. Christopher Greenman, Mr. Frederick Pellum III, Mr. Cleve M. Webber The mission of the Department of Visual Arts is to provide a highly valued educational experience that will encourage students to think critically; create and appreciate art and participate in an aesthetic culture while recognizing art as an integral part of our global society. To this end students will experience effective innovative instruction in traditional studio arts methods and materials as well as contemporary graphic arts technologies. The practice based learning in studio courses is further enhanced by courses in art history and aesthetic theory. This foundation will prepare graduates to make informed, valued contributions to the global visual arts culture that expresses their diversity, our University and the communities we embody. Students will a l s o have the self-discipline, motivation, and the expertise necessary to maintain their artistic activities and goals well into the future \u00b7 Foster a student centered environment that nurtures the development of intellectual and aesthetic growth. Maintain a skilled faculty recognized as educators as well as professional artists. Provide students with access to state of the art instruction, technology and equipment. Raise a conscious appreciation for and understanding of the value of arts by enhancing the visual appearance of our university and community environment. Serve as a resource that supports and validates the artistry in the community. Promote interest in the rich diverse cultural experience of the African Diaspora. Develop a student/faculty exchange with institution abroad to foster global thinking, free exchange of ideals and total immersion in a divergent artistic cultural setting. To establish an environment that will allow students to experience, interact and analyze a rich variety of visual arts culture The Department of Visual Arts offers the Bachelor of Arts degree in Art with concentrations in either Fine Arts or Graphic Design. Minors are offered in Art History and General Art studies for students who have an interest in art but wish to major in another area. Art majors start enrolling in art classes their first semester. Art majors or those who plan to major in Art who do not follow the required freshman and sophomore class offerings may hinder a four year graduation schedule. All majors are required to participate in a variety of activities, not only attending class, but attendance at departmental functions and exhibitions are part of the graduation requirements. Majors will participate in a series of senior classes 465, 470 and 475) during their last three semesters in school. Students that plan to finish degree requirements during the summer must have completed these classes prior to that last summer semester. These senior classes are not offered during the summer semester. All majors will participate in a sophomore portfolio review and sophomore comprehensive exams. This review and exam will be administered during the second semester of their sophomore year. Students must have taken the following classes 121, 122, 123, 135, 201, 209 and 240 to participate in this activity. Students who do not pass the sophomore review must attend mandatory tutorial sessions and retake the comprehensive test and resubmit a portfolio by the beginning of their junior year. Students are also responsible for attending 32 Visual Art Events during their tenure at Alabama State University. Records for these 161 events are turned in to the students\u2019 advisor and the adviser will place then and record them in the student\u2019s official file All graduating art majors will be able to address the following competencies upon completion of the program: Competencies are listed alphabetically. a. Understand basic design principles, concepts, media, and formats in the various visual arts disciples. Development of this sensitivity continues throughout the degree program. b. Ability to apply principles of design and color and competency in drawing in work specific to visual arts specializations. c. The ability to conceive, design and create works in one or more specific visual art fields. d. Working knowledge of various aesthetic issues, processes, and media and their relationship to the conceptualization, development and completion of works of arts. e. Understanding of the similarities, differences, and relationship among the various visual arts areas. f. Experiences that encourage familiarity with a broad variety of work in various specializations and media, including broad exposure to works of art. g. Opportunities to develop an area of emphasis in at least one of the visual arts areas. h. The ability to create and develop visual forms in response to communication problems, including an understanding of principles of visual organization/composition, information hierarchy, symbolic representation, typography, aesthetic and the construction of meaningful images. i. An understanding of the tools and technology, including their roles in the creation, reproduction, and distribution of visual messages. Relevant tools and technologies include but are not limited to, drawing, offset printing, photography, and time-based interactive media (film, video, computer multimedia). j. An understanding of basic business practices, including the ability to organize design projects and to work productively as a member of teams. k. The capacity to apply, explain and defend the critical analysis of works of art All declared art majors will be given an art adviser during their first semester enrolled. This adviser will help them select the proper classes throughout their college career. While declared art majors who are still in University College or college athletes will use the advisement center or their athletic advisor for official advisement, they must meet with their art adviser to meeting with their advisement center or athletic adviser. The Art Advisor will be up to date on any changes that may not be published. Once you r official fil e has been transferred to the art department, your art advisor will be your primary advisor. With limited space in some art classes, along with some classes being offered only once a semester, it is essential that students use early registration to secure enrollment in required classes. Students not able to enroll due to late enrollment, failing a class, withdrawing or missing a sequentially numbered class may delay their graduation. REMEMBER, not all classes are offered every semester, and your art adviser will know the sequence of those classes. Please make sure you inform admissions and the advisement center during freshman orientation that you are an art major so they will assign you to someone who is aware of the current art curriculum. It is essentially the students\u2019 responsibility to make sure they follow the guidelines set forth by the department and the university in order to graduate on time. 162 Art classes are expensive. Students and parents should be aware that besides the normal textbooks required for classes, students will need to purchase art supplies for the majority of their studio classes and most likely will have to replenish some of those supplies during the semester. While Alabama State University will try to supply some materials, it is the student\u2019s responsibility to have the needed supplies to work in class. Student\u2019s that are not prepared to have supplies at the beginning of the semester usually fall behind as most studio classes are hands on classes and start working if not immediately usually within the first week of classes. Most instructors have supply lists that can be requested prior to the start of each semester. Please call the department for details. Most supplies can be purchased at local art and craft stores, at some of the big box stores (Wal-Mart, Kmart, etc...) or over the Internet. It is also highly recommended that all students, particularly those in the graphic design field have a laptop computer by the beginning of their sophomore year of study. Students may contact the department for further listing of computers and soft-ware packages that are used in the program The department of Visual Arts offers a limited number of scholarships to both incoming/transfer and continuing students. Scholarships are based on both scholastic and artistic ability/potential by the applicant, and are awarded after submitted material and application is reviewed by the departmental scholarship committee. Awards are renewable based on student\u2019s ability to fulfill requirements listed on the scholarship application. Additionally, students must maintain the prescribed G.P.A. If a student fails to meet any criteria listed on the application, the Department of Visual Arts reserves the right to either revoke or reduce the amount of the award Each faculty member maintains 10 office hours per week to assist students with projects and offer tutorial assistance. Students in studio classes should use this time with instructors to supplement time spent in class. Students enrolled in lecture classes should also use this time for additional clarification regarding lectures. It is advised to make an appointment prior to just \u201cdropping by (Leading to the Bachelor of Arts degree with concentrations in either fine arts or graphic design) The curriculum listed below is the current curriculum for students entering the program at the time this catalog is published. Curriculums are in a constant state of change. Any students entering the program where the curriculum has changed from the one published in this catalog will be notified and supplied with those changes their first semester. Any new changes will not affect students using their entering curriculum. General Studies .............................................................................................................. 42 (See Pages 71-72) Art majors must enroll in Art 135, Introduction to Art ................................................. 3 (This class is used as one of the 12 hours required in the Humanities and Fine Arts University Core) 163 Pre-professional, Major and Elective Courses ........................................................... 21 121 Design I: 2 Fundamental ................................................................. 3 122 Design II: 3 Fundamental ................................................................ 3 123 Color Theory ....................................................................................... 3 201 Art History Survey ............................................................................. 3 202 Art History Survey ............................................................................ 3 209 Drawing and Composition I................................................................. 3 210 Drawing and Composition II................................................................ 3 Required Major Courses................................................................................................ 18 240 Visual Thinking ................................................................................... 3 465 Senior Comprehensives ..................................................................... 1 470 Portfolio ............................................................................................... 1 475 Senior Exhibition ................................................................................. 1 Select One Two-Dimensional Requirement................................................................... 3 321 Painting I*............................................................................................ 3 332 Printmaking I* ..................................................................................... 3 Select One Three-Dimensional Requirement ................................................................ 3 325 Ceramics I* ......................................................................................... 3 341 Sculpture I* ......................................................................................... 3 Select Two Art History Requirements ............................................................................ 6 302 19th Century Art .................................................................................. 3 303 Early 20th Century Art ........................................................................ 3 304 Contemporary Art ............................................................................... 3 305 Topics in American Art and Visual Culture ......................................... 3 306 Topics in American Art and Visual Culture ......................................... 3 307 Topics in American Art and Visual Culture ......................................... 3 309 Introduction to African-American Art ................................................... 3 310 History of Graphic Design ................................................................... 3 416 Art Theory ........................................................................................... 3 ........................................................................ 25 224 Graphic Design ................................................................................. 3 225 Graphic Design (Pre-Req 224) ................................................ 3 330 Typography ....................................................................................... 3 331 Typography (Pre-Req 330) ...................................................... 3 332 Printmaking I* ..................................................................................... 3 *Cannot be used to satisfy this area if used above 333 Printmaking ...................................................................................... 3 Can be substituted for Art 332 if Art 332 is used in selected area above 345 Computer Graphics ........................................................................... 3 346 Computer Graphics (Pre-Req 345) ......................................... 3 450 Art Studio(Pre-Req \u2013 Permission of Chair) ......................................... 4 164 General Electives above the 100 level ......................................................................... 16 to be taken in consultation with Art advisor Total Semester Hour Requirement for Graphic Design............................................. 122 ..................................................................................... 24 Student seeking a fine arts concentration should select from the classes listed below. These selections should reflect a personal interest. Any class selected in the major requirement section be used again in this section Art History 302 19th Century Art .................................................................................. 3 303 Early 20th Century Art ........................................................................ 3 304 Contemporary Art ............................................................................... 3 305 Topics in American Art and Visual Culture ......................................... 3 306 Topics in American Art and Visual Culture ......................................... 3 307 Topics in American Art and Visual Culture ......................................... 3 309 Introduction to African-American Art ................................................... 3 310 History of Graphic Design ................................................................... 3 416 Art Theory ........................................................................................... 3 Two-Dimensional Area 230 Digital Photography .......................................................................... 3 241 Digital Imaging Pre Req 240 ................................................... 3 321 Painting ............................................................................................. 3 322 Painting ............................................................................................ 3 332 Printmaking ....................................................................................... 3 333 Printmaking ...................................................................................... 3 350 Life-Figure Drawing- Pre Req 209, 210................................... 3 353 Sequential Art ................................................................................... 3 354 Sequential Art Pre Req 240 .................................................. 3 360 Mixed Media Workshop \u2013 Pre Req \u2013 Art 121,122,123,209 ................ 3 421 Printmaking ..................................................................................... 3 423 Painting ........................................................................................... 3 424 Painting IV........................................................................................... 3 Three-Dimensional Area 325 Ceramics ........................................................................................... 3 326 Ceramics .......................................................................................... 3 327 Creative Crafts .................................................................................... 3 341 Sculpture ........................................................................................... 3 342 Sculpture Pre Req- Art 341.............................................................. 3 425 Ceramics ......................................................................................... 3 426 Ceramics ........................................................................................ 3 343 Sculpture Pre Req 342 ........................................................ 3 344 Sculpture Pre Req 343 ........................................................ 3 Art Studio Area 450 Art Studio Pre Req \u2013 Chair ................................................................. 4 165 451 Art Studio Pre Req- Chair ................................................................... 4 452 Art Studio Pre Req \u2013 Chair ................................................................. 4 General Electives above the 100 level ......................................................................... 17 to be taken in consultation with Art advisor .............................................................. 122 The minor in art requires a minimum of 18 credit hours in a variety of classes. Students will have the option of selecting from different areas to meet the minimum requirements. Art General Studies Minor Requirements.................................................................... 18 Student selects one class from Art 121, 122, 123 ........................................................ 3 121 Design I: 2 Fundamental ................................................................. 3 122 Design II: 3 Fundamental ................................................................ 3 123 Color Theory ....................................................................................... 3 Student selects one class from Art 201 or 202 ............................................................. 3 201 Art History Survey ............................................................................. 3 202 Art History Survey ............................................................................ 3 Student takes both 209 and 240 .................................................................... 6 209 Drawing and Composition I................................................................. 3 240 Visual Thinking ................................................................................... 3 Student selects any 6 hours from Art 224, 321,322, 325, 326, 330, 332, 333, 340, 341, 342 ..................................................................................................... 6 321 Painting ............................................................................................. 3 322 Painting ............................................................................................ 3 224 Graphic Design ................................................................................ 3 325 Ceramics ........................................................................................... 3 326 Ceramics .......................................................................................... 3 330 Typography ....................................................................................... 3 332 Printmaking ....................................................................................... 3 333 Printmaking ...................................................................................... 3 340 Computer Graphics ........................................................................... 3 341 Sculpture ........................................................................................... 3 342 Sculpture .......................................................................................... 3 .............................................................. 18 Art History Minor Requirements ................................................................................... 18 It is recommended that students take two or more semesters of French class, but it is not a requirement. Required Art History Classes ......................................................................................... 9 201 \u2013 Art History Survey .......................................................................... 3 202 \u2013 Art History Survey ......................................................................... 3 416 \u2013 Art Theory ........................................................................................ 3 166 Students selects three Art History class from the current catalogue ........................ 9 Art History Elective (300 or 400 level) ................................................................ 3 Art History Elective (300 or 400 level) ................................................................ 3 Art History Elective (300 or 400 level) ................................................................ 3 ............................................................ 18 167 Dr. Wendy R. Coleman, Chair Ms. Ramona G. Ward, Mr. Brian Martin, Mr. Kenneth Verdugo, Mr. Jeffrey Davis Mr. Michael Medcalf, Mr. James Atkinson, Mr. Kavin Grant The mission of the Alabama State University Department of Theatre Arts is to merge rigorous academics with a wide range of experiences and opportunities to develop artistic sensitivity, creativity, and integrity. We are committed to providing an environment conducive to students\u2019 work and study in one of four concentrations: performance, technical, dance and generalist. The department encourages a faculty-student relationship that broadens the educational and professional experience and provides artistic enrichment for the community at large. Student success is the primary aim The Alabama State University Department of Theatre Arts\u2019 vision is to become a creative force of excellence in theatre by empowering students to become productive scholars, creative artists and work as collaborative individuals. We seek to develop whole human beings through creative engagement, by emphasizing the rich cultural heritage and the significance of the African American experience Our philosophy is student centered. We use the disciplines of theatre to develop and strengthen students, in order to impart knowledge, creativity, and individual character through instruction, co-curricular activity and service outreach The Department of Theatre Arts has as its primary goals the following: (1) to provide an understanding of performance theories and methods students may gain competencies in the practical application of acting, directing, and dance (2) to provide knowledge of technical theatre through classroom instruction, production work, and practical application, (3) to successfully prepare student dancers and choreographers for the professional world of dance and to supply well-trained dance artists to local, regional, and national theatre and dance organizations, (4) to expose students to theatre arts administration and procedures relevant to theatre, stage, and tour management, (5) to assist students in becoming proficient in research methodology, literary criticism, and dramaturgy, (6) to enhance students\u2019 quality of life by presenting opportunities to practice good citizenship and public service, and (7) to foster opportunities that allow faculty members to continue their professional growth in order to enhance student learning and faculty development In addition to the university requirements for general admission, each prospective student for the Bachelor of Fine Arts (B.F.A.) degree in dance must audition and meet entrance requirements for the degree program. At the time of publication, the Bachelor of Theatre Arts (B.A.) degree in theatre with concentrations in performance, technical theatre, or theatre generalist does not require formal auditions for entrance. 168 The Bachelor of Theatre Arts is offered with three areas of specialization: performance, technical, and theatre generalist. Majors pursuing the B.A. in Theatre Arts are also required to obtain 18 hours of study in a minor field or 18 credit hours (without declaring a major) which are approved by their theatre adviser or chair. General Studies .............................................................................................................. 42 (See Pages 71-72) Pre-professional, Major and Elective Courses ........................................................... 18 121 Music Appreciation* ........................................................................... 3 131 Art Appreciation* ................................................................................. 3 201 Logical Reasoning* or 363 Introduction to Philosophy ................................................................... 3 205 Introduction to Computer Information Systems or 210 Introduction to Computer Science ...................................................... 3 428 African American Drama ..................................................................... 3 429 Theatre Management ......................................................................... 3 *Course cannot be used to satisfy both General Studies Humanities requirement and Pre-professional, Major, and Elective requirements above. Required Support Courses ............................................................................................. 3 319 Dance Production or 330 Stage Movement ................................................................................. 3 Required Major Courses (choices determined by concentration) ............................ 36 213 Costume Construction ...................................................................... 3 214 Make-up .............................................................................................. 3 215 Acting ................................................................................................ 3 217 Rehearsal & Performance (Set and Stage) ...................................... 1 218 Rehearsal & Performance (Light and Sound).................................. 1 220 Rehearsal & Performance (Performance) ...................................... 1 221 Stage Lighting and Sound ................................................................ 3 222 Rehearsal & Performance (Costume) ............................................ 1 226 Rehearsal & Performance (Audience Development) ...................... 1 250 Stagecraft............................................................................................ 3 252 Stage Management ............................................................................ 3 313 Costume Construction ..................................................................... 3 315 Acting ............................................................................................... 3 316 Vocal Training for the Actor ................................................................ 3 318 Scene Design ..................................................................................... 3 321 Stage Lighting and Sound ............................................................... 3 323 History of the Theater ....................................................................... 3 324 History of the Theater ...................................................................... 3 328 Fundamentals of Play Structure and Analysis .................................... 3 330 Stage Movement ................................................................................ 3 169 423 Costume Accessories Construction .................................................... 3 426 Drama in the Secondary School ......................................................... 3 427 Children\u2019s Theater .............................................................................. 3 428 African-American Drama .................................................................... 3 429 Theater Management ......................................................................... 3 450 Fundamentals of Play Production ....................................................... 3 455 Directing .............................................................................................. 4 Major Course Electives (To be taken in consultation with one\u2019s major advisor) ...... 3 Minor Courses or Electives ........................................................................................... 18 .............................................................. 120 Technical Concentration (B.A. 40 213 Costume Construction ...................................................................... 3 214 Make-up .............................................................................................. 3 215 Acting ................................................................................................ 3 216 Rehearsal and Performance (Dance) ................................................. 1 217 Rehearsal and Performance (Set and Stage) .................................... 1 218 Rehearsal and Performance (Light and Sound) ................................. 1 220 Rehearsal and Performance (Performance) ....................................... 1 221 Stage Lighting and Sound ................................................................ 3 222 Rehearsal and Performance (Costume) ............................................. 1 226 Rehearsal and Performance (Audience Development) ...................... 1 250 Stagecraft............................................................................................ 3 318 Scene Design ..................................................................................... 3 321 Stage Lighting and Sound or 313 Costume Construction .................................................................... 3 323 History of the Theatre ....................................................................... 3 324 History of the Theatre ...................................................................... 3 328 Fundamentals of Play Structure and Analysis .................................... 3 450 Fundamentals of Play Production ....................................................... 3 455 Directing .............................................................................................. 4 Rehearsal and Performance (must take a minimum of 4 in the series) *Depending on Technical Emphasis Performance Concentration (B.A. 40 213 Costume Construction ...................................................................... 3 214 Make-up .............................................................................................. 3 215 Acting ................................................................................................ 3 216 Rehearsal and Performance (Dance) ................................................. 1 217 Rehearsal and Performance (Set and Stage) .................................... 1 218 Rehearsal and Performance (Light and Sound) ................................. 1 220 Rehearsal and Performance (Performance) ....................................... 1 221 Stage Lighting and Sound 170 or 318 Scene Design ..................................................................................... 3 222 Rehearsal and Performance (Costume) ............................................. 1 226 Rehearsal and Performance (Audience Development) ...................... 1 315 Acting ............................................................................................... 3 316 Vocal Training for the Actor ................................................................ 3 323 History of the Theatre ....................................................................... 3 324 History of the Theatre ...................................................................... 3 328 Fundamentals of Play Structure and Analysis .................................... 3 330 Stage Movement ................................................................................. 3 450 Fundamentals of Play Production ....................................................... 3 455 Directing .............................................................................................. 4 Rehearsal and Performance (must take a minimum of 4 in the series) Generalist Concentration 40 213 Costume Construction ...................................................................... 3 214 Make-up .............................................................................................. 3 215 Acting ................................................................................................ 3 216 Rehearsal and Performance (Dance) ................................................. 1 217 Rehearsal and Performance (Set and Stage) .................................... 1 218 Rehearsal and Performance (Light and Sound) ................................. 1 220 Rehearsal and Performance (Performance) ....................................... 1 221 Stage Lighting and Sound ................................................................ 3 222 Rehearsal and Performance (Costume) ............................................. 1 226 Rehearsal and Performance (Audience Development) ...................... 1 250 Stagecraft............................................................................................ 3 316 Vocal Training for the Actor ................................................................ 3 318 Scene Design ..................................................................................... 3 323 History of the Theatre ....................................................................... 3 324 History of the Theatre ...................................................................... 3 426 Drama in the Secondary School or 427 Children\u2019s Theatre .............................................................................. 3 450 Fundamentals of Play Production ....................................................... 3 455 Directing .............................................................................................. 4 Rehearsal and Performance (must take a minimum of 5 in the series minor in theatre arts at Alabama State University offers a broad perspective of the discipline and enhances a variety of other major areas of study. Twenty hours chosen from the list below are required for the minor in Theatre Arts. Required Courses .......................................................................................................... 20 111 Introduction to Theatre Arts ................................................................ 3 119 Beginning Dance ................................................................................ 3 213 Costume Construction ........................................................................ 3 215 Acting ................................................................................................ 3 217 Rehearsal and Performance (Set and Stage) .................................... 1 171 218 Rehearsal and Performance (Light and Sound) ................................. 1 220 Rehearsal and Performance (Performance) ....................................... 1 221 Stage Lighting and Sound ................................................................ 3 222 Rehearsal and Performance (Costume) ............................................. 1 226 Rehearsal and Performance (Audience Development) ...................... 1 250 Stagecraft............................................................................................ 3 318 Scene Design ..................................................................................... 3 328 Fundamentals of Play Structure and Analysis .................................... 3 426 Drama in the Secondary School ......................................................... 3 427 Children\u2019s Theatre .............................................................................. 3 450 Fundamentals of Play Production ....................................................... 3 Rehearsal and Performance (must take a minimum of 3 in the series The Bachelor of Fine Arts in Dance degree curriculum successfully prepares student dancers and choreographers for the professional world of dance and supplies well-trained dance artists to local, regional, and national theatre and dance organizations The degree has curriculum has the following principle objectives: (1) to cultivate critical thought processes in students by stressing the theoretical, pedagogical, and historic aspects of dance studies, (2) to successfully prepare student dancers and choreographers for the professional world of dance, in a rigorous training environment that incorporates both practice and scholarship, and (3) to cultivate students\u2019 creative, performance, and scholarly aptitudes through exposure to diverse practical and philosophical approaches to dance studies General Studies .............................................................................................................. 42 (See Pages 71-72) Dance majors must choose 127 General Biology and Lab ..................................................................... 3 and 128 General Biology and Lab ..................................................................... 3 Pre-professional Courses ............................................................................................. 18 131 Art Appreciation ................................................................................. 3 212 World Dance or 213 World Dance .................................................................................... 2 121 Music Appreciation ........................................................................... 3 122 Introduction to the Study of Music ..................................................... 3 250 Applied Anatomy and Physiology ....................................................... 4 351 Kinesiology ......................................................................................... 3 *Course cannot be used to satisfy both General Studies Humanities requirement and pre-professional, major, and elective requirements above. 172 Required Major Courses................................................................................................ 51 101 Ballet ................................................................................................. 2 103 Modern Dance .................................................................................. 2 107 Jazz Dance ....................................................................................... 2 110 Tap Dance ........................................................................................ 2 201 Ballet ................................................................................................ 2 203 Modern Dance ................................................................................. 2 207 Jazz Dance ...................................................................................... 2 210 Tap Dance ....................................................................................... 2 315-320 Dance Performance (taken 3 times) ........................................... 3 325-330 Choreography Practicum ............................................................ 2 335 Dance History ................................................................................... 3 340 Dance Composition .......................................................................... 3 370 Dance Pedagogy ................................................................................ 3 435 Dance History .................................................................................. 3 440 Dance Composition ......................................................................... 3 445 Dance Notation ................................................................................... 3 450 Senior Project ..................................................................................... 4 213 Costume Construction ...................................................................... 3 215 Acting ................................................................................................ 2 221 Stage Lighting and Sound ................................................................ 3 Choose 2 Credits from the following 212 World Dance ..................................................................................... 2 213 World Dance .................................................................................... 2 214 Hip-Hop .............................................................................................. 2 305 Special Topics .................................................................................... 2 306 Special Topics ................................................................................. 2 *Choose 6 Credits from the following 301 Ballet ............................................................................................... 2 303 Modern Dance ................................................................................ 2 307 Jazz Dance ..................................................................................... 2 310 Tap Dance ...................................................................................... 2 401 Ballet .............................................................................................. 2 or 402 Ballet Professional ......................................................................... 2 403 Modern Dance .................................................................................... 2 or 404 Modern Dance Professional .......................................................... 2 407 Jazz Dance ......................................................................................... 2 or 408 Jazz Dance Professional ............................................................... 2 410 Tap Dance ..................................................................................... 2 or 411 Tap Dance Professional ................................................................. 2 *Chosen in consultation with dance adviser. All Dance students must complete levels in at least one of Modern, Ballet, Jazz, or Tap. 173 Elective .............................................................................................................................. 3 Choose a total of 3 Credits from the following 212 World Dance ..................................................................................... 2 or 213 World Dance .................................................................................... 2 214 Hip-Hop .............................................................................................. 2 305 Special Topics .................................................................................. 2 or 306 Special Topics ................................................................................. 2 315-320 Dance Performance .................................................................... 1 325-330 Choreography Practicum ............................................................ 2 401 Ballet .............................................................................................. 2 or 402 Ballet Professional ......................................................................... 2 403 Modern Dance ............................................................................... 2 or 404 Modern Dance Professional .......................................................... 2 407 Jazz Dance .................................................................................... 2 or 408 Jazz Dance Professional ............................................................... 2 410 Tap Dance ..................................................................................... 2 or 411 Tap Dance Professional ................................................................. 2 223 Voice Class ........................................................................................ 1 130 Fundamentals of Music ...................................................................... 2 214 Makeup ............................................................................................... 3 217 Rehearsal and Perf. (Set and Stage) ................................................. 1 218 Rehearsal and Perf. (Light and Sound) .............................................. 1 220 Rehearsal and Perf. (Performance) .................................................... 1 226 Rehearsal and Perf. (Audience Development) ................................... 1 250 Stagecraft............................................................................................ 3 313 Costume Construction ..................................................................... 3 321 Stage Lighting and Sound ............................................................... 3 429 Theatre Management ......................................................................... 3 .............................................................. 122 Additional requirements for the in Dance degree: 1) Majors must successfully complete 450 Senior Project. Under the guidance and supervision of Dance faculty, each senior student must culminate their study by individually participating in the creation, rehearsal, performance, and technical aspects of a fully produced dance work. Each work will be showcased in a senior dance concert. Senior students are expected to take major responsibilities for the production of these concerts. The progress of each student will be formally assessed with written evaluations and individual conferences. 2) Majors must successfully complete Level in Modern Dance, Jazz Dance, Tap Dance or Ballet. 3) Majors must earn a grade of \u201cC\u201d or better in all courses used to satisfy degree requirements. 174 4) Majors must participate, as choreographer, in a minimum of one departmental dance concert by enrolling in 325-330 Choreography Practicum. 5) Majors must complete an entrance Pre-Test and a Senior Exit Exam and Evaluation The dance minor is designed to work hand in hand with the B.F.A. in Dance degree to accommodate several student populations who are either seeking a minor or seeking elective credits. Courses in the dance minor serve theatre arts majors and the university by allowing access to dance courses to those across the campus and the city. The dance minor is a strong recruitment and training tool (among current and prospective students) for those not quite ready for or undecided about the in Dance program. The minor is designed to prepare pre-professional dancers in a dynamic environment conducive to the highest caliber of both practice and scholarship. It will also foster cultivation of the individual\u2019s creative, performance, and scholarly voice through exposure to diverse practical and philosophical approaches to dance studies and the development of critical thought processes. While the minor\u2019s emphasis is on performance and choreography, the theoretical, historic, and aesthetic aspects of dance will also be stressed. Eighteen hours are required for the Minor in Dance Required Courses .......................................................................................................... 11 101 Ballet ................................................................................................. 2 103 Modern Dance .................................................................................. 2 315-320 Dance Performance .................................................................... 1 335 Dance History ................................................................................... 3 340 Dance Composition .......................................................................... 3 Electives ............................................................................................................................ 7 Choose of the following 107 Jazz Dance ....................................................................................... 2 110 Tap Dance ........................................................................................ 2 214 Hip Hop I............................................................................................. 2 Choose of the following 217 Rehearsal and Performance ............................................................... 1 218 Rehearsal and Performance ............................................................... 1 222 Rehearsal and Performance ............................................................... 1 226 Rehearsal and Performance ............................................................... 1 315-320 Dance Performance .................................................................... 1 Choose of the following 201 Ballet ................................................................................................ 2 203 Modern Dance ................................................................................. 2 207 Jazz Dance ...................................................................................... 2 210 Tap Dance ....................................................................................... 2 212 World Dance ....................................................................................... 2 213 World Dance .................................................................................... 2 325-330 Choreography Practicum ............................................................ 2 ............................................................. 120 175 Dr. Carly Johnson, Chair Mr. Isaac Bell, Dr. Caterina Bristol, Dr. Doug Bristol, Dr. Pamela T. Burns, Dr. Adonis Gonzalez-Matos, Mr. Tyrone Hayes, Dr. Gregory Jackson, Dr. Joel Jones, Ms. Alma Brooks Lyle, Dr. Brenda Luchsinger, Dr. Katrina Philips, Dr. Bryan Reeves, Dr. Michael Zelenak The Department of Music, a fully accredited member of the National Association of Schools of Music, offers programs of study for students who wish to pursue professional training in music education or liberal arts, with a strong emphasis in i n s t r u m e n t a l , keyboard, or vocal music. Opportunities also exist for non-music majors to enrich their campus lives through participation in a variety of performing organizations. Students who successfully complete degree requirements are awarded the Bachelor of Music Education (in coordination with the College of Education) or the Bachelor of Arts degree The chief purpose of the Department of Music is to train students to become skilled music educators and professionals musicians. The goals of the Department of Music are (1) to prepare students to become music professionals in their respective fields; (2) to provide music students with training of the highest caliber; (3) to provide all students of the university with opportunities to enrich themselves through music; and (4) to promote opportunities that enrich the university\u2019s cultural life and foster community service and engagement. Guided by the specific measures for each major described in the National Association of Schools of Music and the goals described above, the Alabama State University Department of Music has the following objectives (1) to provide music students with the required training in music theory, aural skills, keyboard, music history and literature, music technology, sight reading, and performance skills according to their degree program requirements; (2) to provide students interested in teaching careers with the professional knowledge, skills, and experiences necessary for success in the field; (3) to provide students with broad and diverse musical experiences that expand their artistic and intellectual horizons, and (4) to provide students and community with activities and events that will allow for opportunities to serve and engage The department of music is housed in Tullibody Music Hall (1974). The primary performance area is the recital hall located on the first floor. It is complete with nonparallel walls and a curved ceiling to control reverberation. Seating is tiered above the stage area, providing excellent viewing. The ceiling of the band rehearsal room is two stories high and has nonparallel wall treatment for acoustical control. With 2,000 square feet of floor space, the band rehearsal room can accommodate a band of more than 150 players. Adjacent to the rehearsal hall are facilities for instrument and uniform storage. The choir rehearsal room, located on the second floor, has nonparallel walls, storage space for robes and music, and a pipe organ with 439 pipes. Because of its large floor space (2,000 square feet), the choir room is also used for workshop classes. Also located on the second floor are practice rooms of various sizes. Faculty offices and classrooms are located on the third and fourth floors. The computer and keyboard labs are located on the third floor of the music building. The labs are uniquely designed for group instruction and tutoring. Workstations are equipped with standard music technology applications, productivity software, and network access. The fourth floor houses the Department of 176 Communication\u2019s recording studio. Also located on this floor is a jazz combo/small ensemble rehearsal room and percussion studio In an effort to meet the needs of music majors who have different career objectives and special interests, the Department of Music provides two general curricula: the Bachelor of Music Education (B.M.E.) and the Bachelor of Arts in Music (B.A.). The B.M.E. curriculum is designed to meet the requirements of the Alabama State Department of Education, and the National Council for Accreditation of Teacher Education. The B.A. and B.M.E. curricula meet the accreditation standards of NASM. The Bachelor of Music Education degree is designed for students who desire public school music teaching as a career. This degree program has two areas of specialization: vocal/choral music and instrumental music. The B.M.E. curricula are offered in cooperation with the College of Education and lead to certification for teaching in preschool-12th grade music programs. Admission to this program is specified in the College of Education guidelines for admission to Teacher Certification Programs. The Bachelor of Arts in Music is a liberal arts degree providing basic studies in music with electives designed to broaden and enrich the students learning experience In addition to the university requirements for general admission, each prospective student must meet entrance requirements for the Department of Music. These include a performance audition and a diagnostic examination in the fundamentals of music. These entrance requirements assist the music faculty in assessing the student\u2019s musical background, level of proficiency and individual strengths and weaknesses. Students who enter the Department of Music with deficiencies will be required to take remedial courses based on the results of these assessments and therefore, will be required to take more than the minimum number of hours indicated to complete degree requirements After completing the general admission requirements of the university, the prospective music student must report to the Department of Music to complete the performance audition and the diagnostic examination in music theory. Officially, all freshmen are admitted to University College and must complete that college\u2019s requirements before entering a degree-granting program. However, students who plan to major in music must begin taking music courses in their first semester. All students admitted into University College planning to declare a major in music must complete a performance and diagnostic examination, and must be advised jointly by University College counselors and music faculty advisers. The performance audition should demonstrate the student\u2019s current and highest possible level of proficiency in voice or on a standard musical instrument. The auditioning student should prepare and perform compositions appropriate to their skill level and degree interest. While considerable latitude in the choice of performance selections is given, students are encouraged to prepare carefully for the audition so that an accurate assessment of potential and talent may be rendered. For fall acceptance, prospective students must contact the department for spring audition dates. For spring acceptance, prospective students must contact the department for fall auditions. Students that have not completed the formal audition upon arrival will be required to complete the 177 audition process by the end of the first week of classes. For additional information, please contact the chair of the Department of Music. Current students who wish to become music majors must undergo, in addition to the university\u2019s change of major process, the audition and diagnostic examination procedures as outlined in this section. The diagnostic examination in music fundamentals tests the students\u2019 written and aural skills in the following areas (1) major and minor key signatures; (2) major scales; (3) minor scales in the natural, harmonic and melodic forms; (4) intervals and triads; (5) rhythm; and (6) aural identification of intervals, major and minor scales, triads, and rhythmic and melodic fragments. Those who pass the performance audition and have completed the diagnostic examination are accepted into the Department of Music. Students who do not satisfy either of these requirements may be admitted conditionally for two semesters, at the end of which time the student will be advised concerning continuation in the music program. The Department of Music has the prerogative to deny continuation in the music program to a student in conditional status who, after two semesters of conditional status, fails to demonstrate, at the department\u2019s sole discretion that he/she meets the criteria to be moved to full admission. Students should review the Department of Music\u2019s website for more detailed audition and admission criteria and procedures Applied music is an individual instruction on a student\u2019s major instrument or in voice, usually one one-hour lesson per week. Applied lessons culminate in a required end-of-the semester jury examination for all students enrolled in these courses. Such instruction is critical to a student\u2019s musical development. All students are required to enroll in applied lessons each semester of enrollment. Applied music courses are numbered so that each successive level represents a higher degree of proficiency. Remedial applied lessons (0-level) are required for those students that do not meet the entry-level proficiency required to be a music major, as indicated by the entrance performance audition or based upon an evaluation by the applied instructor. Remedial applied lessons do not count towards music major degree requirements and therefore students enrolled in these courses will be required to take more than the minimum number of hours indicated to complete degree requirements. Students will be admitted into 100-level lessons after demonstrating entry-level proficiency required for 100-level applied music students as required by faculty. Students who do not satisfy 100-level applied requirements will be admitted conditionally for two semesters, at the end of which time a determination and recommendation will be made by the applied faculty as to the student\u2019s proposed continuation in the program passing grade in remedial applied lessons (0-level) does not imply nor guarantee full admittance as a music major. Students may use the end of semester jury as an audition to be moved to 100-level status. Students may choose from the following areas for applied study: piano, percussion, flute, oboe, clarinet, saxophone, bassoon, French horn, trumpet, trombone, euphonium, tuba, and voice. 178 The Department of Music encourages students to participate in a variety of performing organizations rich ensemble experience is basic to the professional preparation of all musicians. For this reason, music majors are required to enroll in at least one of the following large performing ensembles during each semester of residency, except during internship: Symphonic Band, or Wind Ensemble (instrumental tract); University Choir or Chamber Singers (vocal/choral tract). Selection of a performing ensemble is governed by the student\u2019s major and result of an ensemble audition. Students are also encouraged to participate in a variety of small ensembles. Non-majors are welcome to participate in ensembles at the discretion of the director Students are regularly advised and reviewed on their performance and academic progress. Music majors are required to attend student interviews, performance reviews, and other as required by the Department of Music. The Department of Music publishes an annual Student Handbook which specifies other requirements for music majors All music majors will be required to pass a Senior Recital according to their degree program in order to qualify for graduation: 1. Bachelor of Music Education - Senior Recital Hearing and the Senior Recital 2. Bachelor of Arts - Senior Recital Hearing and the Senior Recital. In addition, this degree also requires a Junior Recital which cannot be performed in the same semester as the Senior Recital. The Recital Hearings for all degree concentrations must be passed at least two weeks before a student presents the junior/senior recital/project. The senior recital/project is the culminating public presentation which demonstrates the student\u2019s proficiency in the major applied area The Presser Scholarship is a prestigious national award presented to a rising senior who is an outstanding music major possessing a high academic average and demonstrating excellence in performance. The student will be identified as a Presser Scholar and is expected to exhibit high standards in personal character and academic citizenship. Other awards are presented to students as the opportunities arise. Awards are given for performance on Honors Recital Competition as well as community awards. Criteria for these awards are available from the chair of the Department of Music The Department of Music offers scholarships to music majors whose auditions or qualifications are judged meritorious by faculty. Final scholarship recommendations will be made by the scholarship committee. Scholarships vary in their amounts and are awarded on the basis of availability, scholastic, and musical ability. Scholarship awards have specific terms, requirements, and conditions to which the students must adhere. Awards are renewable annually based on availability, student\u2019s fulfillment of 179 the requirements and conditions listed on previous scholarships awarded, as well as the student\u2019s ability and potential to continue meeting those requirements and conditions in the future. If a student fails to meet any criteria listed on the scholarship award, the Department of Music reserves the right to revoke, modify, or reduce the amount of the award Faculty, students and Department of Music ensembles regularly provide a number of performances series of Lyceum programs featuring noted lecturers, artists, and a variety of programs of general interest and cultural value are often presented by the Department of Music and the university. The Montgomery community provides many cultural opportunities, including those of the Montgomery Chamber Music Series, Clefworks Montgomery, the Frederick D. Hall Community Choir, the Montgomery Chorale, the Montgomery Symphony Orchestra, the Montgomery Music Project, and the Alabama Shakespeare Festival. Other opportunities for enrichment exist through national and regional organizations, other local universities, churches, and community programs. Surrounding communities also provide many additional opportunities for musical and cultural enrichment. Music students are required to attend many of these cultural activities presented on the campus and are strongly encouraged to take advantage of the variety of cultural opportunities provided by the community There are several professional organizations in the Department of Music. Membership in any of these organizations is determined by requirements of the sponsoring organization. Active membership status requires member participation in official Department of Music ensembles, or other activities, every semester of residence. Inactive members are ineligible for active participation. National Association for Music Education is a professional organization for music educators. Sigma Alpha Iota is a professional fraternity for distinguished women in the field of music. Its primary purpose is to foster interest in music through high standards, fellowship and service as well as to promote music creation, performance and scholarship. Tau Beta Sigma provides service to collegiate bands, encourages the advancement of women in the band profession, and promotes and enriches an appreciation of band music through recognition, leadership development, and education of its members Transfer students from NASM-accredited institutions may receive the equivalent of one semester hour per semester for applied music in the Bachelor of Arts curriculum or in the Bachelor of Music Education curriculum with a maximum of four semester hours being transferable. To receive transfer credit for previous course work, students must achieve and/or demonstrate the level of knowledge and skills that is consistent with course offerings and standards at Alabama State University. Students transferring from Alabama public higher 180 education institutions may have specific approved transfer agreements with Alabama State University. Please consult with the office of admissions. Transfer students entering the Department of Music must declare their major area in one applied performance medium and participate in one large ensemble activity per semester. Students transferring course work in music areas from non-accredited music programs or schools may receive transfer credit on the basis of subject examination passing score on the examination will warrant transfer credit being counted toward degree requirements if approved by the Chair of the Department of Music and the Vice President for Academic Affairs (Leading to the Bachelor of Arts Degree with a Major in Music) General Studies .............................................................................................................. 42 (See Pages 71-72 122 Introduction to the Study of Music 1 .................................................. 3 Music Core for Music Majors ........................................................................................ 50 131 Music Theory ................................................................................... 3 132 Music Theory .................................................................................. 3 134 Keyboard Class 2 ............................................................................. 1 135 Keyboard Class 3 ............................................................................ 1 137 Aural Skills ....................................................................................... 1 138 Aural Skills ...................................................................................... 1 231 Music Theory ................................................................................. 3 232 Music Theory ................................................................................. 3 237 Aural Skills ..................................................................................... 1 238 Aural Skills ..................................................................................... 1 320 History of Music ................................................................................. 3 321 History of Music ................................................................................. 3 431 Form and Analysis ............................................................................. 3 474 Conducting ......................................................................................... 1 475 Advanced Conducting ........................................................................ 1 099 Performance Class 4 ......................................................................... 0 Applied Music 5 .................................................................................................. 8 Large Ensemble 6 .............................................................................................. 8 Junior Recital ..................................................................................................... 0 Senior Recital ..................................................................................................... 1 Electives (adviser approved) ................................................................................... 29-31 B.A. ................................................................................. 120 1 This requirement is a substitute for Music Majors only in the Humanities requirements of the General Studies. 2 Students may satisfy these requirements by passing the keyboard proficiency or if the student is a piano major enrolled in 100 level applied. 3 Students may satisfy these requirements by passing the keyboard proficiency or if the student is a piano major enrolled in 100 level applied. 5 B.A. students are required to pass eight of each. All students are required to enroll in applied and large ensembles each semester of enrollment. 181 (Leading to the Bachelor of Music Education) General Studies .............................................................................................................. 42 (See Pages 71-72 122 Introduction to the Study of Music 1 .................................................. 3 Music Core for Music Majors ................................................................................... 30-32 131 Music Theory ................................................................................... 3 132 Music Theory .................................................................................. 3 134 Keyboard Class 8 ............................................................................. 1 135 Keyboard Class 9 ............................................................................ 1 137 Aural Skills ....................................................................................... 1 138 Aural Skills ...................................................................................... 1 231 Music Theory ................................................................................. 3 232 Music Theory ................................................................................. 3 237 Aural Skills ..................................................................................... 1 238 Aural Skills ..................................................................................... 1 320 History of Music ................................................................................. 3 321 History of Music ................................................................................. 3 310 Intro to Music Technology .................................................................. 3 431 Form and Analysis ............................................................................. 3 474 Conducting ......................................................................................... 1 475 Advanced Conducting ........................................................................ 1 099 Performance Class 10 ....................................................................... 0 Applied Music 11 ................................................................................................ 7 Large Ensemble 12 ............................................................................................ 7 B.M.E. Instrumental Emphasis ....................................................................................... 7 223 Voice Class ........................................................................................ 1 395 String Class ........................................................................................ 1 396 Woodwind Class ................................................................................ 1 397 Brasswind Class ................................................................................ 1 398 Percussion Class ............................................................................... 1 476 Marching Band Techniques ............................................................... 1 477 Band Arranging .................................................................................. 1 490 Recital ....................................................................................... 0 B.M.E. Vocal/Choral Emphasis ....................................................................................... 6 223 Voice Class ........................................................................................ 1 348 or 354 Pedagogy ................................................................................ 1 470 Choral Methods .................................................................................. 1 314 Diction (voice majors) ........................................................................ 1 315 Diction (voice majors) ........................................................................ 1 323 Accompanying Class (keyboard majors) ........................................... 1 471 Seminar in Keyboard Traditions (keyboard majors) .......................... 1 478 Choral Arranging ................................................................................ 1 490 Recital ....................................................................................... 0 182 Professional Studies ...................................................................................................... 37 Refer to pages 82-83 ...................................................................... 129-132 7 This requirement is a substitute for Music Majors only in the Humanities requirements of the General Studies. 8 Students may satisfy these requirements by passing keyboard proficiency. 9 Students may satisfy these requirements by passing keyboard proficiency. 10 Requirement each semester of enrollment, student must pass a minimum of 7 for the and 8 for the B.A. 11 B.M.E. students are required to pass seven applied and large ensemble credits each, B.A. are required to pass eight of each. All students are required to enroll in applied and large ensembles each semester of enrollment, except during the required professional internship for the B.M.E. 12 Same as #11 above The minor field of concentration in the Department of Music is available to all students pursuing a major within a liberal arts degree program. The music minor requires demonstration of proficiency in music performance, competence in musical understanding and ensemble participation. All students intending to pursue a minor in music are strongly encouraged to seek assistance from the Department of Music before enrolling in classes. Requirements for the music minor are as follows 122 Introduction to the Study of Music ..................................................... 3 130 Fundamentals of Music (or proficiency) ............................................. 2 131-132 Music Theory ........................................................................ 6 134-135 Keyboard .............................................................................. 2 137-138 Aural Skills .................................................................................. 2 Large Ensemble ................................................................................................. 4 Applied Music ..................................................................................................... 4 .............................................................. 21-23 183 Dr. Le-Quita Booth, Dean Dr. Kamal Hingorani, Associate Dean Alabama State University, through the three department of the College of Business Administration, is nationally accredited by the Accreditation council for Business Schools and Programs (ACBSP) for the offering of the following degree program: Bachelor of Science degree in business administration majors in accounting, management (service organization management), marketing (direct marketing, franchising and purchasing), computer information systems, and finance. The curricula in the College of Business Administration offer minor programs in International Business (IB) and Entrepreneurship (ENT). Each department provides students ample freedom to select individual courses in other colleges of the university to satisfy their general cultural interests, so that with their specialization they will achieve a well-balanced education. There are no provisions in the policies of the college for students to obtain a double major. Degrees are granted, upon application, to students who successfully complete the prescribed requirements for one of the four-year curricula offered by the College of Business Administration. The College of Business Administration reserves the right to modify curricula and specific courses of instruction, to alter the requirements for admission and graduation, and to change the degrees to be awarded in the three above- mentioned departments The mission of the College of Business Administration is to train its students to become ethical entrepreneurs and professionals capable of succeeding in a competitive global environment through research and effective pedagogy Vision Statement The College of Business Administration endeavors to be recognized as a leader in the production and placement of quality graduates, admired for its academic and com-munity achievements, and respected for its outstanding faculty Guiding Principles The College of Business Administration supports the mission of Alabama State University, a regional historically black institution, by providing the higher educational needs of business students in the state of Alabama and surrounding regions through its commitment to the following areas Student Focus strives to engage and empower its students by creating opportunities for people who otherwise might not pursue or have access to higher education. It focuses on serving students who desire a smaller classroom environment with a coaching approach to pedagogy 184 Curriculum awards undergraduate and graduate degrees. The undergraduate programs offer selected specializations built on a foundation of general education and a broad business core, with the emphasis on entrepreneurship and global business. All programs stress the application of concepts and the enhanced use of technology. The Master of Accountancy program offers advanced accounting studies. Instructional and Research Focus Instructional development and faculty intellectual contributions of applied scholarship are emphasized. Faculty development, community service and involvement in professional organizations resulting in service to key stakeholders are stressed. Community Focus The outreach programs provide value-added programming and service learning opportunities that create strong relationships and alliances with local high schools, the greater Montgomery community; corporate, minority and small business organizations; governmental agencies, and alumni partners The principal objective of the College of Business Administration is teaching/coaching to accomplish a fourfold purpose: (1) to prepare students for managerial and leadership careers in the management of both business and government enterprises in a global environment, (2) to cultivate the entrepreneurial and intrapreneurial spirit so that students will pursue and take advantage of innovative opportunities, both internal and external to the organization, (3) to promote responsible citizenship and leadership roles in a society oriented toward the advancement of knowledge and (4) to foster a foundation that will promote lifelong learning. Specifically, the College of Business Administration provides: 1. The common professional components of business 2. Service to the community both by course offerings that are relevant for entrepreneurship and intrapreneurship and through consulting and public service activities 3. Avenues for cooperation with other units within the university community in the pursuit of mutual educational objectives 4. Flexible and integrated curriculum background for the students who choose to enter graduate school in lieu of business careers Students are eligible for admission to the College of Business Administration after completion of one year of work in a program of liberal studies in University College of this university with an overall grade point average of at least 2.2. Each student will be assigned a faculty adviser. The students, faculty adviser, department chairs and/or dean will plan the tentative schedule of courses the student is required to take in the department selected in the College of Business Administration Students enrolled in a College of Business Administration program will not be permitted to enroll as a transient student at a two-year college. 185 Admission of Freshmen All freshmen are required to enroll in University College student may transfer to the College of Business Administration after completing the courses outlined in the General Studies with an overall grade point average of at least 2.2. The college may require some students to enroll in specific courses in mathematics, writing or reading as modifications of the core. Admission of Transfer Students Two-year college graduates and students from other colleges and universities who wish to transfer to the College of Business Administration are extended a hearty welcome. All transfer students having fewer than 30 semester hours will be enrolled in University College. The College of Business Administration is organized as a professional college within the university. The comprehensive liberal studies, the basic work for a professional program of management education for business leadership, must be taken prior to admission to the college. The following conditions will serve as guides in expediting admission and in preparing for a professional career in business leadership: 1. For students transferring from accredited public institutions within the state of Alabama, the amount of credit for freshman and sophomore course work is governed by the Articulation and General Studies agreement. The maximum credit allowed for work completed in a two-year college will be equivalent to one-half of the student\u2019s curriculum, but not to exceed 60 semester hours. 2. For students transferring from other institutions, the amount of transfer credit and advanced standing allowed will be determined by the dean and the Office of Admissions and Recruitment. Transfer students are required to spend a minimum of two semesters in residence or take at least the equivalent of 30 credit hours in the College of Business Administration before they become eligible for a degree The College of Business Administration requires every student to take the online version of the Peregrine Common Professional Components Exam in 462 Business Policies (the Capstone course) as part of the graduation requirement. The Test in Business is an innovative undergraduate outcomes assessment designed by Peregrine Academic Services to measure the basic student learning in the field of business. The exam contains about 120 multiple- choice items designed to measure a student\u2019s subject knowledge and the ability to apply facts, concepts, theories and analytical methods. Some questions are grouped in sets and based on diagrams, charts and data tables. The questions represent a wide range of difficulty and cover depth and breadth in assessing students\u2019 achievement levels. Test results enable the College of Business Administration to refine and improve curriculum development, gauge the progress of students compared to others in the program and those in similar programs at schools throughout the country Policies of the College of Business Administration make no provision for independent studies. 186 student must earn a \u201cC\u201d or better in all courses. If a student earns a grade of \u201cD\u201d Or \u201cF\u201d in a course, the course must be repeated the next semester of enrollment Student representatives are elected for service on various types of committees at the collegiate level. The participation of student representatives provides means for students to voice their concerns and to take an active role in matters relating to them. Majors and minors from other colleges of the university may wish to become active members of one of the special interest student organizations. Students who are enrolled in other colleges of the university may apply for and be recognized as associate members of the various clubs. These clubs, sponsored by the COBA, were organized in order to provide an opportunity for students with similar professional interests to participate as a group in social and intellectual activities. The clubs meet on a regular basis in order to discuss and adopt policies and activities that are agreeable to and in the best interest of the membership. Their members are also interested in promoting extracurricular activities, such as inviting members of the community to speak on campus and arranging visits to interesting and informative businesses in the local area. The presidents of the student organizations in the College of Business Administration are official members of the Dean\u2019s Council of Students. The council meets with the dean of the college periodically to discuss matters that concern students of the college. The following organizations are established and functioning in the College of Business Administration: 1. Alpha Kappa Psi 2. American Marketing Association 3. Association of Information Technology Professionals 4. Delta Mu Delta Honor Society (DMD)\u2013Gamma Epsilon Chapter 5. Institute of Management Accountants 6. National Association of Black Accountants 7. National Student Business League 8. Phi Beta Lambda Chapter 9. Phi Gamma Nu 10. Society for the Advancement of Management, John Cannon Chapter 11 Financial Management Association 12. Students in Free Enterprise The College of Business Administration offers qualified students the opportunity to participate in the Business Cooperative Internship Program. The Business Co-op program is administered by the director of cooperative education. Effort is made to place students in jobs that offer maximum educational and financial benefits. Students alternate each semester between work in business or industry and study at the university. The Business Cooperative Internship Program gives students opportunities for practical experience, enables them to earn part of their expenses and may lead to permanent employment after graduation. The student may earn a maximum of nine credit hours (three credit hours for each experience) in this particular program. The student must do a satisfactory job as determined 187 by the employer and coordinator, including reports covering his or her job experiences. Students cannot use their full-time or part-time employment to substitute for the business cooperative or internship to earn credit hours. Grades earned in the Business Co-op program cannot be used for electives or counted toward graduation This program is designed to give the undergraduate student in the College of Business Administration the opportunity to work one semester of each year as an intern in business, industry, government, health, social sciences and community action and receive three semester hours of credit toward the bachelor\u2019s degree The Business Development and Global Economic Research Center (BDGERC) is organized within the College of Business Administration to meet the research and service needs of the business community and to provide ancillary services to the students and faculty of COBA. Under the umbrella of the resides the Small Business Development Center and the Disadvantaged Business Enterprise and Supportive Services Program. The Center is an associate member of the Association of University Business and Economic Research. The Center develops and disseminates data on current business and economic conditions. It cooperates with businesses, governmental agencies, professional and service groups and consumers in evaluating and analyzing their specific problems. It also designs and sponsors programs to meet the particular needs of the respective groups. In pursuing these goals, the center has obtained and seeks contracts and grants for research and sponsorship. The center uses the academic- and business-oriented resources of the university\u2019s colleges and departments, thereby enriching the instruction of students. The has the capacity of preparing to meet the standards of Total Quality Management is the International Standards Organization The Small Business Development Center (SBDC), located in the College of Business Administration, is a member of a consortium of 11 universities throughout the state of Alabama that make up the Alabama Small Business Development Center. It was developed in a joint effort between the U.S. Small Business Administration and the state of Alabama to (1) reduce significantly the failure rate of small businesses in the state of Alabama, (2) assist small businesses in the state to improve significantly their ability to generate profit and (3) advise the potential small business persons of the feasibility of a business prior to investing capital. Consultants consisting of students or faculty are available to act as go- betweens for the business person and the many informational resources provided by the The Procurement Technical Assistant Center (PTAC) at Alabama State University is one of five centers in the state of Alabama and a part of the Alabama Small Business Consortium. The center is funded by the United States Department of Defense and the Alabama Department of Economic and Community Affairs. 188 They provide vast amounts of information and counseling in the area of Government Contracting Opportunities to its clients. The Alabama Small Business Procurement System (ASBPS) is a computerized bid tracking system available to small businesses in the state of Alabama. The bid tracking system seeks to provide a clearinghouse for bid opportunities available through state and federal agencies. Since its inception, the Alabama Small Business Procurement System has assisted thousands of Alabama Businesses with obtaining millions of dollars in contracts. To enroll your company in the database, contact the The Disadvantaged Business Enterprise (DBE) Supportive Services Program is funded by a grant awarded to Alabama State University\u2019s College of Business Administration by the Alabama Department of Transportation. The Supportive Services Program provides technical and managerial counseling and training to minority highway construction-related businesses that seek to formulate working relations with the Department of Transportation. Through program certification, minority and women business owners are granted eligible status of minority participation on federal, state and municipal contractual opportunities. The program assures that business owners are given the assistance and resources needed to procure, perform and manage contractual opportunities Since the summer of 1999, staff members of the Business and Technology Center have provided businesses, government, educational institutions and individuals with many of the technological tools necessary to manage effectively in the 21st century. Customers may choose from a menu of services that range from classroom instruction on software training to Web-based classes and consulting services on what hardware and software to buy for their business needs; from video-conferencing, opinion polling, market research, project management and information technology to assistance with preparing proposals for government contracts The Collegial Computing Center is equipped with computer facilities to meet the needs of our learners. Five computer labs are in the College of Business Administration. The labs are open until midnight, seven days a week. The computers in are networked over a fast Ethernet and have Internet access. The computers also interface with the university\u2019s mainframe computer. The college has state-of-the-art PCs, laser printers and scanners in the computer labs. The PCs have Microsoft Office Suite, Adobe Creative Suite, Visual Studio, Project, Visio and other software for student use. All classrooms in the College of Business Administration have been equipped with multimedia facilities that include an overhead data projector. All users of the computer labs are required to adhere to the letter on the security process that is posted in the labs The College of Business Administration is one of the early members of the University Alliances program. This alliance has allowed the college to gain access to the Business Suite family of solutions, including and Business One. Through hands-on experience with solutions students gain insight into how technology can empower a 189 business to optimize key processes such as accounting and controlling, human capital management, project planning, plant and materials management, and sales and distribution is the world\u2019s largest business software company and was founded as Systems Applications and Products in Data Processing (MSDNAA) The College of Business Administration is a member of the Academic Alliance. This alliance provides COBA\u2019s faculty and students with the latest developer tools, servers, and platforms from Microsoft at no cost. The program helps to keep the computer labs, faculty, and students on the leading edge of technology. All students enrolled in can get licenses to load all Microsoft software (except Word, PowerPoint, and Excel) on their personal computers free of cost. The distribution of the software and license is done electronically using Microsoft\u2019s e- academy License Management Systems The College of Business Administration is a member of the Oracle Academy. The Oracle Academy offers a complete portfolio of software, curriculum, hosted technology, faculty training, support, and certification resources to the College. Students gain hands-on experience with the latest technologies and develop industry- relevant skills prior to entering the workplace. The College has already obtained a curriculum that prepares students to earn the Oracle Certified Associate certification from Oracle while still in school The Center for Academic Reinforcement provides tutoring service for students in accounting and finance, computer information systems (computer languages), quantitative services (mathematics, calculus and statistics) and business communications (reading, writing and basic research). It also provides service for seniors, assisting them in report writing and perfecting their interviewing techniques and counseling in matters pertaining to their personal needs. 190 Dr. Kamal Hingorani, Interim Chair Ms. Jorja Bradfor, Dr. Rama Guttikonda, Ms. Ashia Meeks, Dr. Sontachai Suwanakul Dr. Dave Thompson, Dr. Sang Heon Shin, Dr. Ruohan Wu The department of accounting and finance offers two degree programs leading to the Bachelor of Science degree. One is the major in accounting, which prepares the student for a wide variety of professional careers in either public, industrial or governmental accounting. The other program, a major in finance, prepares the student for a professional career in organizations that require special training in finance and an understanding of financial systems. Both programs also provide a sound foundation in theory and skills that are necessary requisites for students to pursue graduate degrees in either accounting or finance (Leading to a Bachelor of Science Degree) Students must complete a six (6) semester-hour sequence either in literature or history. General Studies .............................................................................................................. 42 (See Pages 71-72) Majors must choose General Studies courses as follows: Orientation: (1 hour 100 Freshmen Orientation .......................................................................... 1 English Composition: (6 hours 131 English Composition .......................................................................... 3 132 English Composition .......................................................................... 3 or 140 English Composition (Honors) ........................................................... 3 141 English Composition (Honors) ........................................................... 3 Humanities and Fine Arts: (12 Hours 103 The Humanities through the African-American Experience .............. 3 209 Introduction to Literature .................................................................... 3 Choose one of the following: (3 Hours 131 Art Appreciation .................................................................................. 3 121 Music Appreciation ............................................................................. 3 111 Introduction to Theater Arts ................................................................ 3 Choose one of the following: (3 Hours 210 Introduction to Literature .................................................................... 3 101 Interdisciplinary Humanities ............................................................... 3 102 Interdisciplinary Humanities ............................................................... 3 200 Voice and Diction ............................................................................... 3 205 Public Speaking ................................................................................. 3 201 Logical Reasoning .............................................................................. 3 191 Natural Sciences and Mathematics: (11 Hours 127 127 General Biology ................................................................ 4 128 128 General Biology ............................................................... 4 137 Pre-calculus Algebra .......................................................................... 3 History, Social and Behavioral Sciences: (12 Hours 251 Principles of Economics ................................................................... 3 252 Principles of Economics .................................................................. 3 131 World History........................................................................................ 3 Choose one of the following: (3 Hours 132 World History........................................................................................ 3 251 General Psychology ............................................................................ 3 110 Introduction to Sociology .................................................................... 3 113 Societies Around the World ................................................................ 3 206 World Geography ............................................................................... 3 207 American Government ....................................................................... 3 Pre-professional Courses ............................................................................................. 16 202 Business Statistics ........................................................................... 3 205 Introduction to Computer Information Systems ................................... 3 214 Principles of Financial Accounting ...................................................... 3 215 Principles of Managerial Accounting .................................................. 3 331 Business Statistics and Decision Theory ........................................ 3 114 Beginning Golf .................................................................................... 1 or 122 Beginning Tennis ................................................................................ 1 Required Business Support Courses .......................................................................... 33 141 French ............................................................................................... 3 or 161 Spanish I.............................................................................................. 3 206 Business Programming Languages .................................................... 3 201 Business Orientation .......................................................................... 3 204 Business Communications ................................................................ 3 255 Business Law/Legal Environments for Administration ..................... 3 321 Essentials of Managerial Finance ....................................................... 3 321 Elements of Marketing and Direct Marketing ..................................... 3 321 Principles of Management ................................................................. 3 329 Business Process Integration using ........................................... 3 422 Production Management .................................................................... 3 462 Business Policies ............................................................................... 3 Required Major Courses (Accounting) ........................................................................ 21 313 Intermediate Accounting ................................................................... 3 314 Intermediate Accounting .................................................................. 3 318 Income Tax Accounting ...................................................................... 3 411 Cost Accounting .................................................................................. 3 192 415 Advanced Accounting ......................................................................... 3 418 Auditing ............................................................................................... 3 419 Fund Accounting ................................................................................. 3 Required Elective Minor Courses ............................................................... 12/13 Option I- Minor in International Business 331 Global Supply Chain Management ...................................................... 3 331 Global Finance ..................................................................................... 3 331 Global Marketing ................................................................................ 3 460 International Business ........................................................................ 3 Option II- Minor in Entrepreneurship 200 Entrepreneurial Mindset ..................................................................... 1 300 Innovation / New Venture Creation .................................................... 3 301 Ethics and Negotiations ..................................................................... 3 400 Entrepreneurship and Small Business Management ........................ 3 Entrepreneurship Minor Elective Choose One 341 Retailing.............................................................................................. 3 MKT401 Small Business Consulting .................................................................. 3 400 Product Development ......................................................................... 3 336 Professional Selling/Sales Management ............................................ 3 Accounting Electives 350 Accounting Information System .......................................................... 3 331 International Accounting ..................................................................... 3 323 Intermediate Financial Management .................................................... 3 324 Principles and Practices of Real Estate Finance ................................. 3 416 Insurance.............................................................................................. 3 421 Investments .......................................................................................... 3 423 Financial Institutions ............................................................................. 3 455 Money and Banking ........................................................................... 3 459 Public Finance .................................................................................... 3 430 Internship in Business ........................................................................ 3 ...................................................... 124/125 (Leading to a Bachelor of Science Degree) Students must complete a six (6) semester-hour sequence either in literature or history. General Studies .............................................................................................................. 42 (See Pages 71-72) Finance majors must choose General Studies courses as follows: Orientation: (1 hour 100 Freshmen Orientation .......................................................................... 1 English Composition: (6 hours) 193 131 English Composition .......................................................................... 3 132 English Composition .......................................................................... 3 or 140 English Composition (Honors) ........................................................... 3 141 English Composition (Honors) ........................................................... 3 Humanities and Fine Arts: (12 Hours 103 The Humanities through the African-American Experience .............. 3 209 Introduction to Literature .................................................................... 3 Choose one of the following: (3 Hours 131 Art Appreciation .................................................................................. 3 121 Music Appreciation ............................................................................. 3 111 Introduction to Theater Arts ................................................................ 3 Choose one of the following: (3 Hours 210 Introduction to Literature .................................................................... 3 101 Interdisciplinary Humanities ............................................................... 3 102 Interdisciplinary Humanities ............................................................... 3 200 Voice and Diction ............................................................................... 3 205 Public Speaking ................................................................................. 3 201 Logical Reasoning .............................................................................. 3 Natural Sciences and Mathematics: (11 Hours 127 127 General Biology ................................................................ 4 128 128 General Biology ............................................................... 4 137 Pre-calculus Algebra .......................................................................... 3 History, Social and Behavioral Sciences: (12 Hours 251 Principles of Economics ................................................................... 3 252 Principles of Economics .................................................................. 3 131 World History........................................................................................ 3 251 General Psychology ............................................................................ 3 Option for History and Literature Sequence 132 World History........................................................................................ 3 Pre-professional Courses ............................................................................................. 16 202 Business Statistics ........................................................................... 3 205 Introduction to Computer Information Systems ................................... 3 214 Principles of Financial Accounting ...................................................... 3 215 Principles of Managerial Accounting .................................................. 3 331 Business Statistics and Decision Theory ........................................ 3 114 Beginning Golf .................................................................................... 1 or 122 Beginning Tennis ................................................................................ 1 194 Required Business Support Courses .......................................................................... 33 141 French ................................................................................................ 3 or 161 Spanish I.............................................................................................. 3 206 Business Programming Languages .................................................... 3 201 Business Orientation .......................................................................... 3 204 Business Communications ................................................................. 3 255 Business Law/Legal Environments for Administration ..................... 3 321 Essentials of Managerial Finance ....................................................... 3 321 Elements of Marketing and Direct Marketing ..................................... 3 321 Principles of Management ................................................................. 3 329 Business Process Integration using .............................................. 3 422 Production Management .................................................................... 3 462 Business Policies ............................................................................... 3 Required Major Courses (Finance) .............................................................................. 21 323 Intermediate Financial Management ................................................... 3 324 Principles and Practices of Real Estate Finance ................................ 3 416 Insurance............................................................................................. 3 421 Investment ........................................................................................... 3 423 Financial Institutions ............................................................................ 3 250 Credit Management and Consumer Finance ..................................... 3 455 Money and Banking ........................................................................... 3 Required Elective Minor Courses ................................................................................. 12 Option I- Minor in International Business 331 Global Supply Chain Management ...................................................... 3 331 Global Finance ..................................................................................... 3 331 Global Marketing ................................................................................ 3 460 International Business ........................................................................ 3 Option II- Minor in Entrepreneurship 200 Entrepreneurial Mindset ..................................................................... 1 300 Innovation / New Venture Creation .................................................... 3 301 Ethics and Negotiations ..................................................................... 3 400 Entrepreneurship and Small Business Management ........................ 3 Entrepreneurship Minor Elective Choose One 341 Retailing.............................................................................................. 3 MKT401 Small Business Consulting .................................................................. 3 400 Product Development ......................................................................... 3 336 Professional Selling/Sales Management ............................................ 3 Electives 318 Income Tax Accounting ...................................................................... 3 411 Cost Accounting .................................................................................. 3 391 Management Science ......................................................................... 3 459 Public Finance .................................................................................... 3 195 417 Real Estate Finance ............................................................................ 3 418 Real Estate Appraisal .......................................................................... 3 430 Internship in Business ........................................................................ 3 460 International Business ........................................................................ 3 ...................................................... 124/125 196 Dr. Kamal Hingorani, Chair Dr. Sun-Gi Chun, Ms. Nasrin Askari-Danesh, Mr. Adarsh Kakar, Dr. Thomas Ngo-Ye, Dr. Jiin Wang The department of computer information systems (CIS) offers a degree program leading to a Bachelor of Science degree. The program in prepares the student for a wide variety of professional careers in business, industry or government that requires development and management of computer information systems instruction consists of hands-on computer use, coaching, lecture, discussion, field trips, demonstrations, presentation by practitioners, applied team projects in the business community and case studies. The program also provides a sound foundation in theory and skills that are necessary requisites for students to pursue graduate degrees in computer information systems (Leading to a Bachelor of Science Degree) Students must complete a six (6) semester-hour sequence either in literature or history. General Studies .............................................................................................................. 42 (See Pages 71-72) Computer Information Systems majors must choose General Studies courses as follows: Orientation: (1 hour 100 Freshmen Orientation .......................................................................... 1 English Composition: (6 hours 131 English Composition .......................................................................... 3 132 English Composition .......................................................................... 3 or 140 English Composition (Honors) ........................................................... 3 141 English Composition (Honors) ........................................................... 3 Humanities and Fine Arts: (12 Hours 103 The Humanities through the African-American Experience .............. 3 209 Introduction to Literature .................................................................... 3 Choose one of the following: (3 Hours 131 Art Appreciation .................................................................................. 3 121 Music Appreciation ............................................................................. 3 111 Introduction to Theater Arts ................................................................ 3 Choose one of the following: (3 Hours 210 Introduction to Literature .................................................................... 3 101 Interdisciplinary Humanities ............................................................... 3 102 Interdisciplinary Humanities ............................................................... 3 200 Voice and Diction ............................................................................... 3 205 Public Speaking ................................................................................. 3 201 Logical Reasoning .............................................................................. 3 197 Natural Sciences and Mathematics: (11 Hours 127 127 General Biology ................................................................ 4 128 128 General Biology ............................................................... 4 137 Precalculus Algebra ........................................................................... 3 History, Social and Behavioral Sciences: (12 Hours 251 Principles of Economics ................................................................... 3 252 Principles of Economics .................................................................. 3 131 World History........................................................................................ 3 Choose one of the following: (3 Hours 132 World History........................................................................................ 3 251 General Psychology ............................................................................ 3 Pre-professional Courses ............................................................................................. 16 202 Business Statistics ........................................................................... 3 205 Introduction to Computer Information Systems ................................... 3 214 Principles of Financial Accounting ...................................................... 3 215 Principles of Managerial Accounting .................................................. 3 331 Business Statistics and Decision Theory ........................................ 3 114 Beginning Golf .................................................................................... 1 or 122 Beginning Tennis ................................................................................ 1 Required Business Support Courses .......................................................................... 33 141 French ................................................................................................ 3 or 161 Spanish I.............................................................................................. 3 206 Business Programming Languages .................................................... 3 201 Business Orientation .......................................................................... 3 204 Business Communications ................................................................. 3 255 Business Law/Legal Environments for Administration ..................... 3 321 Essentials of Managerial Finance ....................................................... 3 321 Elements of Marketing and Direct Marketing ..................................... 3 321 Principles of Management ................................................................. 3 329 Business Process Integration using ........................................... 3 422 Production Management .................................................................... 3 462 Business Policies ............................................................................... 3 Required Major Courses (Computer Information Systems) ...................................... 21 302 Internet Programming .......................................................................... 3 304 Programming in .......................................................................... 3 310 Networking Fundamentals ................................................................... 3 341 Information Security ............................................................................. 3 404 Database Administration ...................................................................... 3 410 Systems Analysis ................................................................................. 3 461 Advanced Database Systems .............................................................. 3 198 Required Elective Minor Courses ........................................................................... 12/13 Option I- Minor in International Business 331 Global Supply Chain Management ...................................................... 3 331 Global Finance ..................................................................................... 3 331 Global Marketing ................................................................................ 3 460 International Business ........................................................................ 3 Option II- Minor in Entrepreneurship 200 Entrepreneurial Mindset ..................................................................... 1 300 Innovation / New Venture Creation .................................................... 3 301 Ethics and Negotiations ..................................................................... 3 400 Entrepreneurship and Small Business Management ........................ 3 Entrepreneurship Minor Elective Choose One 336 Professional Selling/Sales Management ............................................ 3 341 Retailing.............................................................................................. 3 400 Product Development ......................................................................... 3 401 Small Business Consulting ................................................................. 3 .............................................................. 124 199 Dr. Janel Bell-Haynes, Chair Dr. Saad Bakir, Dr. Edward Brown, Dr. Yoland Cal, Mr. Charlie Hardy, Ms. Michelle Johnson, Dr. Sara Kiser, Dr. Joyce McGriff, Dr. Robert ncNeal, Dr. Tammy Prater, Mrs. Kim Smith The department of business administration offers two degree programs leading to the Bachelor of Science degree with majors in management and marketing. Additionally, these majors prepare the students to fill the role of citizens well informed of the economic problems confronting a modern society major in management (with an optional concentration in hospitality management) or marketing (with an optional concentration in purchasing), provides students with the necessary background for future employment in industry and government or the opportunity to own their own business. It also provides a basic platform for additional study for advanced degrees (Leading to the Bachelor of Science Degree) Students must complete a six (6) semester-hour sequence either in literature or history. General Studies .............................................................................................................. 42 (See Pages 71-72) Management majors must choose General Studies courses as follows: Orientation: (1 hour 100 Freshmen Orientation .......................................................................... 1 English Composition: (6 hours 131 English Composition .......................................................................... 3 132 English Composition .......................................................................... 3 or 140 English Composition (Honors) ........................................................... 3 141 English Composition (Honors) ........................................................... 3 Humanities and Fine Arts: (12 Hours 103 The Humanities through the African-American Experience .............. 3 209 Introduction to Literature .................................................................... 3 Choose one of the following: (3 Hours 131 Art Appreciation .................................................................................. 3 121 Music Appreciation ............................................................................. 3 111 Introduction to Theater Arts ................................................................ 3 Choose one of the following: (3 Hours 210 Introduction to Literature .................................................................... 3 101 Interdisciplinary Humanities ............................................................... 3 102 Interdisciplinary Humanities ............................................................... 3 200 Voice and Diction ............................................................................... 3 205 Public Speaking ................................................................................. 3 200 201 Logical Reasoning .............................................................................. 3 Natural Sciences and Mathematics: (11 Hours 127 127 General Biology ................................................................ 4 128 128 General Biology ............................................................... 4 137 Precalculus Algebra ........................................................................... 3 History, Social and Behavioral Sciences: (12 Hours 251 Principles of Economics ................................................................... 3 252 Principles of Economics .................................................................. 3 131 World History........................................................................................ 3 Choose one of the following: (3 Hours 132 World History........................................................................................ 3 251 General Psychology ............................................................................ 3 110 Introduction to Sociology .................................................................... 3 113 Societies Around the World ................................................................ 3 206 World Geography ............................................................................... 3 207 American Government ....................................................................... 3 Preprofessional, Major and Elective Courses ............................................................. 19 201 Business Orientation .......................................................................... 3 202 Business Statistics ........................................................................... 3 205 Introduction to Computer Information Systems ................................... 3 214 Principles of Financial Accounting ...................................................... 3 215 Principles of Managerial Accounting .................................................. 3 331 Business Statistics and Decision Theory ........................................ 3 114 Beginning Golf .................................................................................... 1 or 122 Beginning Tennis ................................................................................ 1 Required Support Courses ........................................................................................... 36 206 Business Programming Languages ..................................................... 3 141 French ................................................................................................ 3 or 161 Spanish I.............................................................................................. 3 321 Essentials of Managerial Finance ........................................................ 3 321 Elements of Marketing and Direct Marketing ..................................... 3 204 Business Communications ................................................................. 3 255 Business Law/Legal Environments for Administration ..................... 3 321 Principles of Management ................................................................. 3 329 Business Process Integration using ........................................... 3 422 Production Management .................................................................... 3 400 Entrepreneurship and Small Business Management ........................ 3 462 Business Policies ............................................................................... 3 Required Major Courses (Management) ...................................................................... 24 Courses Required: (12 hours 220 The Systems Approach to Business .................................................. 3 201 325 Human Behavior in Organizations ..................................................... 3 421 Personnel Management ..................................................................... 3 460 International Business ........................................................................ 3 Choose four courses from the following: (12 Hours 302 Internet Programming .......................................................................... 3 391 Management Science .......................................................................... 3 415 Management Information Systems ...................................................... 3 250 Credit Management and Consumer Finance ..................................... 3 324 Fundamentals of Quality Management .............................................. 3 356 Business Law/Legal Environments for Administration .................... 3 425 Public Management ........................................................................... 3 430 Internship in Business ........................................................................ 3 453 Labor Relations .................................................................................. 3 333 Consumer Behavior ............................................................................ 3 336 Sales Management ............................................................................ 3 Required Elective Minor Courses ........................................................................... 12/13 Option I- Minor in International Business 331 Global Supply Chain Management ..................................................... 3 331 Global Finance ..................................................................................... 3 331 Global Marketing ................................................................................ 3 460 International Business ........................................................................ 3 Option II- Minor in Entrepreneurship 200 Entrepreneurial Mindset ..................................................................... 1 300 Innovation / New Venture Creation .................................................... 3 301 Ethics and Negotiations ..................................................................... 3 400 Entrepreneurship and Small Business Management ........................ 3 Entrepreneurship Minor Elective Choose One 336 Professional Selling/Sales Management ............................................ 3 341 Retailing.............................................................................................. 3 400 Product Development ......................................................................... 3 401 Small Business Consulting ................................................................. 3 .............................................................. 124 Hospitality and Tourism Concentration (Leading to the Bachelor of Science degree) Students must complete a six (6) semester-hour sequence either in literature or history. General Studies .............................................................................................................. 42 (See Pages 71-72) Management majors must choose General Studies courses as follows: Orientation: (1 hour 100 Freshmen Orientation .......................................................................... 1 202 English Composition: (6 hours 131 English Composition .......................................................................... 3 132 English Composition .......................................................................... 3 or 140 English Composition (Honors) ........................................................... 3 141 English Composition (Honors) ........................................................... 3 Humanities and Fine Arts: (12 Hours 103 The Humanities through the African-American Experience .............. 3 209 Introduction to Literature .................................................................... 3 Choose one of the following: (3 Hours 131 Art Appreciation .................................................................................. 3 121 Music Appreciation ............................................................................. 3 111 Introduction to Theater Arts ................................................................ 3 Choose one of the following: (3 Hours 210 Introduction to Literature .................................................................... 3 101 Interdisciplinary Humanities ............................................................... 3 102 Interdisciplinary Humanities ............................................................... 3 200 Voice and Diction ............................................................................... 3 205 Public Speaking ................................................................................. 3 201 Logical Reasoning .............................................................................. 3 Natural Sciences and Mathematics: (11 Hours 127 127 General Biology ................................................................ 4 128 128 General Biology ............................................................... 4 137 Precalculus Algebra ........................................................................... 3 History, Social and Behavioral Sciences: (12 Hours 251 Principles of Economics ................................................................... 3 252 Principles of Economics .................................................................. 3 131 World History........................................................................................ 3 Choose one of the following: (3 Hours 132 World History........................................................................................ 3 251 General Psychology ............................................................................ 3 110 Introduction to Sociology .................................................................... 3 113 Societies Around the World ................................................................ 3 206 World Geography ............................................................................... 3 207 American Government ....................................................................... 3 Preprofessional, Major and Elective Courses ............................................................. 19 201 Business Orientation .......................................................................... 3 202 Business Statistics ........................................................................... 3 205 Introduction to Computer Information Systems ................................... 3 214 Principles of Financial Accounting ...................................................... 3 215 Principles of Managerial Accounting .................................................. 3 331 Business Statistics and Decision Theory ........................................ 3 203 114 Beginning Golf .................................................................................... 1 or 122 Beginning Tennis ................................................................................ 1 Required Support Courses ........................................................................................... 36 206 Business Programming Languages ..................................................... 3 141 French ................................................................................................ 3 or 161 Spanish I.............................................................................................. 3 321 Essentials of Managerial Finance ........................................................ 3 321 Elements of Marketing and Direct Marketing ..................................... 3 204 Business Communications ................................................................. 3 255 Business Law/Legal Environments for Administration ..................... 3 321 Principles of Management ................................................................. 3 329 Business Process Integration using ........................................... 3 422 Production Management .................................................................... 3 400 Entrepreneurship and Small Business Management ........................ 3 462 Business Policies ............................................................................... 3 Required Major Courses (Required) ............................................................................ 24 250 Introduction to Hotel, Restaurant, and Tourism Management ........................................................................................ 3 323 Lodging Management ........................................................................ 3 330 Restaurant Management ................................................................... 3 335 Tourism Marketing ............................................................................. 3 340 Event and Convention Planning ........................................................ 3 405 Food and Beverage Cost Control ...................................................... 3 425 Hospitality Marketing .......................................................................... 3 455 Hospitality Management Strategies ................................................... 3 Required Elective Minor Courses ........................................................................... 12/13 Option I- Minor in International Business 331 Global Supply Chain Management ...................................................... 3 331 Global Finance ..................................................................................... 3 331 Global Marketing ................................................................................ 3 460 International Business ........................................................................ 3 Option II- Minor in Entrepreneurship 200 Entrepreneurial Mindset ..................................................................... 1 300 Innovation / New Venture Creation .................................................... 3 301 Ethics and Negotiations ..................................................................... 3 400 Entrepreneurship and Small Business Management ........................ 3 Entrepreneurship Minor Elective Choose One 336 Professional Selling/Sales Management ............................................ 3 341 Retailing.............................................................................................. 3 400 Product Development ......................................................................... 3 204 401 Small Business Consulting ................................................................. 3 .............................................................. 124 (Leading to the Bachelor of Science Degree) Students must complete a six (6) semester-hour sequence either in literature or history. General Studies .............................................................................................................. 42 (See Pages 71-72) Marketing majors must choose General Studies courses as follows: Orientation: (1 hour 100 Freshmen Orientation .......................................................................... 1 English Composition: (6 hours 131 English Composition .......................................................................... 3 132 English Composition .......................................................................... 3 or 140 English Composition (Honors) ........................................................... 3 141 English Composition (Honors) ........................................................... 3 Humanities and Fine Arts: (12 Hours 103 The Humanities through the African-American Experience .............. 3 209 Introduction to Literature .................................................................... 3 Choose one of the following: (3 Hours 131 Art Appreciation .................................................................................. 3 121 Music Appreciation ............................................................................. 3 111 Introduction to Theater Arts ................................................................ 3 Choose one of the following: (3 Hours 210 Introduction to Literature .................................................................... 3 101 Interdisciplinary Humanities ............................................................... 3 102 Interdisciplinary Humanities ............................................................... 3 200 Voice and Diction ............................................................................... 3 205 Public Speaking ................................................................................. 3 201 Logical Reasoning .............................................................................. 3 Natural Sciences and Mathematics: (11 Hours 127 127 General Biology ................................................................ 4 128 128 General Biology ............................................................... 4 137 Precalculus Algebra ........................................................................... 3 History, Social and Behavioral Sciences: (12 Hours 251 Principles of Economics ................................................................... 3 252 Principles of Economics .................................................................. 3 131 World History........................................................................................ 3 205 Choose one of the following: (3 Hours 132 World History........................................................................................ 3 251 General Psychology ............................................................................ 3 110 Introduction to Sociology .................................................................... 3 113 Societies Around the World ................................................................ 3 206 World Geography ............................................................................... 3 207 American Government ....................................................................... 3 Preprofessional, Major and Elective Courses ............................................................. 19 201 Mathematics for Business and Economics ........................................ 3 202 Business Statistics ........................................................................... 3 205 Introduction to Computer Information Systems ................................... 3 214 Principles of Financial Accounting ...................................................... 3 215 Principles of Managerial Accounting .................................................. 3 331 Business Statistics and Decision Theory ........................................ 3 114 Beginning Golf .................................................................................... 1 or 122 Beginning Tennis ................................................................................ 1 Required Support Courses ........................................................................................... 36 206 Business Programming Languages ..................................................... 3 141 French ................................................................................................ 3 or 161 Spanish I.............................................................................................. 3 321 Essentials of Managerial Finance ........................................................ 3 321 Elements of Marketing and Direct Marketing ..................................... 3 204 Business Communications ................................................................. 3 255 Business Law/Legal Environments for Administration ..................... 3 321 Principles of Management ................................................................. 3 329 Business Process Integration using ........................................... 3 422 Production Management .................................................................... 3 400 Entrepreneurship and Small Business Management ........................ 3 462 Business Policies ............................................................................... 3 Required Major Courses (Marketing) ........................................................................... 24 Courses Required: (15 hours 333 Consumer Behavior ............................................................................ 3 335 Creating Direct Marketing Response, Advertising and Promotion ................................................................................. 3 339 Principles of Transportation and Logistics ......................................... 3 434 Marketing Research ........................................................................... 3 435 Marketing Strategy ............................................................................. 3 Choose three courses from the following: (9 hours 411 Cost Accounting .................................................................................. 3 302 Internet Programming .......................................................................... 3 415 Management Information Systems ...................................................... 3 220 Systems Approach to Business ......................................................... 3 206 324 Fundamentals of Quality Management .............................................. 3 325 Human Behavior in Organizations ..................................................... 3 356 Business Law/Legal Environments for Administration .................... 3 430 Internship in Business ........................................................................ 3 460 International Business ........................................................................ 3 336 Sales Management ............................................................................ 3 337 Fundamentals of Purchasing and Supply Management .................... 3 340 Research and Negotiation .................................................................. 3 341 Retailing.............................................................................................. 3 342 Sport and Event Marketing ................................................................. 3 400 Advanced Purchasing and Supply Management ............................... 3 Required Elective Minor Courses ........................................................................... 12/13 Option I- Minor in International Business 331 Global Supply Chain Management ...................................................... 3 331 Global Finance ..................................................................................... 3 331 Global Marketing ................................................................................ 3 460 International Business ........................................................................ 3 Option II- Minor in Entrepreneurship 200 Entrepreneurial Mindset ..................................................................... 1 300 Innovation / New Venture Creation .................................................... 3 301 Ethics and Negotiations ..................................................................... 3 400 Entrepreneurship and Small Business Management ........................ 3 Entrepreneurship Minor Elective Choose One 336 Professional Selling/Sales Management ............................................ 3 341 Retailing.............................................................................................. 3 400 Product Development ......................................................................... 3 401 Small Business Consulting ................................................................. 3 .............................................................. 124 Students may also have a concentration in Purchasing. Required Purchasing Concentration Courses: Courses Required: (18 hours 321 Elements of Marketing ........................................................................ 3 337 Fundamentals of Purchasing and Supply Management .................... 3 339 Principles of Transportation and Logistics ......................................... 3 340 Research and Negotiation .................................................................. 3 400 Advanced Purchasing and Supply Management ............................... 3 411 Cost Accounting .................................................................................. 3 Recognizing the role of the United States in world affairs and the importance of international operations to American business enterprise, this minor is designed to help prepare students for positions in global business operations, government, or international agencies in the fields of economic development and global trade. 207 Required Courses .......................................................................................................... 12 331 Global Supply Chain Management ...................................................... 3 331 Global Finance ..................................................................................... 3 460 International Business ........................................................................ 3 331 Global Marketing ................................................................................ 3 Students majoring in Management will have to take 430 Internship in Business in place of 460 International Business which is a part of their major curriculum The student may earn a maximum of nine semester hours (three credit hours for each of the first three experiences) in this particular program. No credit is earned for the fourth experience 401 Business Cooperative Internship ....................................................... 3 402 Business Cooperative Internship ....................................................... 3 403 Business Cooperative Internship ....................................................... 3 404 Business Cooperative Internship ....................................................... 0 The College of Business Administration (COBA) offers the following Minors for non-business majors The College of Business Administration (COBA) offers the following Minors for non-business majors. (For Non-business Majors) Required Courses .......................................................................................................... 18 331 Global Supply Chain Management ...................................................... 3 331 Global Finance ..................................................................................... 3 460 International Business ........................................................................ 3 331 Global Marketing ................................................................................ 3 430 Internship in Business ........................................................................ 3 141 French ................................................................................................ 3 or 161 Spanish I.............................................................................................. 3 321 Elements of Marketing and Direct Marketing ..................................... 3 or 321 Principles of Management ................................................................. 3 or 321 Essentials of Managerial Finance ........................................................ 3 ...................................................................... 18 (For Non-business Majors) Required Courses .......................................................................................................... 18 208 214 Principles of Financial Accounting ...................................................... 3 215 Principles of Managerial Accounting .................................................. 3 313 Intermediate Accounting ................................................................... 3 314 Intermediate Accounting .................................................................. 3 Choose two coursed from the following 318 Income Tax Accounting ...................................................................... 3 321 Essentials of Managerial Finance ........................................................ 3 411 Cost Accounting .................................................................................. 3 418 Auditing ............................................................................................... 3 419 Fund Accounting ................................................................................. 3 415 Advance Accounting ........................................................................... 3 ...................................................................... 18 (For Non-business Majors) Required Courses .......................................................................................................... 18 202 Business Statistics ........................................................................... 3 214 Principles of Financial Accounting ...................................................... 3 215 Principles of Managerial Accounting .................................................. 3 321 Essentials of Managerial Finance ........................................................ 3 Choose two courses from the following 323 Intermediate Financial Management .................................................... 3 324 Principles and Practices of Real Estate Finance ................................. 3 416 Insurance.............................................................................................. 3 418 Real Estate Appraisal ........................................................................... 3 421 Investments .......................................................................................... 3 423 Financial Institutions ............................................................................. 3 250 Credit Management and Consumer Finance ..................................... 3 321 Principles of Management ................................................................. 3 ...................................................................... 18 (For Non-business Majors) Required Courses .......................................................................................................... 18 329 Business Process Integration using ............................................ 3 404 Database Administration ...................................................................... 3 Choose four courses from the following 206 Business Programming Languages ..................................................... 3 302 Internet Programming .......................................................................... 3 304 Programming in Java .......................................................................... 3 341 Information Security ............................................................................. 3 310 Networking Fundamentals ................................................................... 3 410 systems Analysis ................................................................................. 3 415 Management Information Systems ...................................................... 3 209 461 Advanced Database Systems .............................................................. 3 ...................................................................... 18 (For Non-business Majors) Required Courses .......................................................................................................... 18 204 Business Communications ................................................................. 3 220 The Systems Approach to Business .................................................. 3 321 Principles of Management ................................................................. 3 325 Human Behavior in Organizations ..................................................... 3 421 Personnel Management ..................................................................... 3 460 International Business ........................................................................ 3 ...................................................................... 18 (For Non-business Majors) Required Courses .......................................................................................................... 18 321 Elements of Marketing and Direct Marketing ..................................... 3 333 Consumer Behavior ............................................................................ 3 335 Creating Direct Marketing Response, Advertising and Promotion ................................................................................. 3 336 Sales Management ............................................................................ 3 339 Principles of Transportation and Logistics ......................................... 3 341 Retailing.............................................................................................. 3 ...................................................................... 18 210 Dr. Steven Chesbro, Dean Dr. Bernadette Williams-York, Associate Dean The College of Health Sciences (COHS) was formally established by the Alabama State University Board of Trustees in May 2000. The college houses six degree programs: the Bachelor of Science in health information management (HIM) ; the Bachelor of Science in rehabilitation services with a concentration in addiction studies (REH); the Master of Science in occupational therapy (MSOT); the Master of Prosthetics and Orthotics (MSPO); the Master of Rehabilitation Counseling (MRC); and the clinical Doctor of Physical Therapy (DPT) at the entry and transitional levels. The College also offers an undergraduate Certificate in Maternal and Child Health; a graduate Certificate in Rehabilitation Counseling and a graduate Certificate in Disability Studies, Policy, and Services. The Health Information Management program has maintained its accreditation through the Commission on Accreditation for Health Informatics and Information Management Education (CAHIIM) since 2000; the rehabilitation services program with a concentration in addiction studies is accredited by the Council on Rehabilitation Education (CORE); the occupational therapy program was awarded reaffirmation by the Accreditation Council for Occupational Therapy Education (ACOTE) through 2017; the rehabilitation counseling program was awarded reaffirmation by the Council on Rehabilitation Education (CORE) through 2022; and the physical therapy program's accreditation was reaffirmed by the Commission on Accreditation in Physical Therapy Education (CAPTE) through 2018. The Prosthetics and Orthotics Program is accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) in conjunction with the National Commission on Orthotics and Prosthetics Education I. Health Information Management Bachelor of Science Degree (BS) II. Occupational Therapy *Master of Science Degree (MS) III. Physical Therapy *Clinical Doctorate, Physical Therapy (DPT) IV. Rehabilitation Counseling *Master of Rehabilitation Counseling (MRC) V. Rehabilitation Services w/ Concentration in addiction studies Bachelor of Science Degree (BS) VI. Prosthetics and Orthotics *Master of Science Degree (MS) VII. Maternal and Child Health Certificate/Minor VIII. *Rehabilitation Counseling Graduate Certificate; *Disability Studies, Policy, and Services Graduate Certificate * See Graduate Catalog 211 Health information management is the profession that focuses on healthcare data and the management of healthcare information resources. The program prepares students for entry-level employment in healthcare facilities and related organizations. Occupational therapy is a health and rehabilitation profession that helps patients achieve maximum independence in their lives despite disabilities. Graduates find positions in industry, private practice, government, schools, rehabilitation facilities, hospitals and home health. Physical therapists provide services to patients/clients who have impairments, functional limitations, disabilities, or changes in physical function and health status resulting from injury, disease, or other causes. The physical therapy program, which requires three years to complete, is designed to prepare students for a variety of challenging, exciting and rewarding careers in physical therapy such as traveling therapist, rehabilitation team member, consultant and director/manager in the areas of research, sports, education and administration and others. Rehabilitation counseling is a profession that assists persons with disabilities in adapting to the environment, assists environments in accommodating the needs of the individual, and works toward full participation of persons with disabilities in all aspects of society, especially work. Rehabilitation counseling is a systematic process which assists persons with physical, mental, developmental, cognitive, and emotional disabilities in all aspects of society. The rehabilitation services program is a broad-based social justice program focused on the systematic process of assisting individuals without and with physical, mental, developmental, cognitive, and addiction-based disabilities to achieve their personal, career, and independent living goals through a variety of life activities. Graduates of the program either go to work in community-based rehabilitation and substance use programs or go on to graduate school in various allied health and health science programs. Prosthetists and orthotists are specialized healthcare professionals who develop unique skills both clinically and technically. The prosthetist and orthotist begin the process with the evaluation of the patient, then fabrication, and fitting artificial limbs (prosthetics) and orthopedic braces (orthotics). These unique skills can also be utilized with man\u2019s best friend or other animals The College of Health Sciences is housed in the three-story, 80,000-square- foot, John L. Buskey Health Sciences Center that was completed in August 2001. The center was placed on land directly adjacent to the existing campus and located next to the home of the university president. Each floor has classrooms, laboratories and offices. The first floor features a faculty lounge, student lounge, an interdisciplinary clinic, three therapeutic rehabilitation labs and a state-of-the- art lecture hall. Physical therapy faculty are also housed on the first, second and third floors of the building. The second floor features a student study area with adjoining group study rooms, a physical therapy resource room, the health information management computer-teaching labs, a simulated medical records lab, the occupational therapy media lab, the assisted daily living (ADL) and the physical dysfunction labs. Health information management and occupational therapy 212 offices are also housed on the second floor. The third floor features the following labs: a state-of- the-art Gross Anatomy lab, Laboratory for the Analysis of Human Motion (LAHM), a Women\u2019s Health/Cardiopulmonary lab and a health sciences computer lab. Rehabilitation counseling and rehabilitation services faculty are housed on the third floor. Additionally, the Department of Prosthetics and Orthotics has a 9,000 square foot fabrication laboratory on Forest Avenue adjacent to the campus. The labs accommodate both students and patient models in a didactic and experiential learning environment, which mimics real-life work experiences, once in the field Student representatives are selected for service on various types of committees at the collegial level. The participation of student representatives provides a means for students to voice their concerns and to take an active role in matters relating to them. Each program has organized clubs in order to provide an opportunity for students with similar professional interests to participate as a group in social and community activities. The following clubs are active in the College of Health Sciences: 1. Student Health Information Management Association (SHIMA) 2. Student Occupational Therapy Association (SOTA) 3. Student Physical Therapy Organization (SPTO) 4. Student Rehabilitation Club (SRC) 213 Department of Health Information Management Dr. Cheryl A. Plettenberg, Chair Dr. Bridgette Stasher-Booker, Dr. Sabine Simmons Health information management (HIM) is the profession that focuses on healthcare data and the management of healthcare information resources. Health information management professionals improve the quality of healthcare by insuring that the best information is available to support decision-making in the healthcare sector. Health Information Management professionals are key advocates for protecting confidential patient data. They serve as a critical link between providers, patients and insurance companies by managing health information in accordance with administrative, legal and ethical requirements. As experts in the field of health records and patient information, they help develop information systems for: 1. Health care evaluation 2. Quality Assurance 3. Protection of the confidentiality and privacy of the medical record 4. Statistical Research 5. Electronic Health Record 6. Healthcare planning The profession encompasses services in planning, collecting, aggregating, analyzing, and disseminating individual patient and aggregate clinical data. It serves all aspects of the healthcare industry to include patient care organizations, payers, research and policy agencies, and other healthcare-related industries. Employment opportunities for professionals are found in numerous settings that including hospitals, outpatient clinics, managed-care organizations, consulting firms, accounting facilities, correctional facilities, pharmaceutical companies, behavioral healthcare organizations, insurance companies, law firms, rehabilitation facilities, and state and federal healthcare agencies The program is accredited by the Commission on Accreditation for Health Informatics and Information Management Education (CAHIIM), located at 233 N. Michigan Ave., Suite 2150, Chicago, IL, 60601 (URL: All students are eligible to apply for the national certification examination as a Registered Health Information Administrator (RHIA) in their final term of their senior year The mission of ASU\u2019s Health Information Management (HIM) program is to assure that its graduates have achieved entry-level competencies in the development, dissemination, financial, technological and administrative skills needed for entry-level positions in a health care organization. 214 Upon completion of the professional curriculum, graduates will be prepared: 1. Accurately collect, analyze and report healthcare data; 2. Apply healthcare statistics and research to comprehensive health information analysis, including quality assessment and performance improvement; 3. Apply legal and ethical standards to healthcare information requirements and standards; 4. Demonstrate appropriate application of health information technology and systems to professional practice and; 5. Apply principles of organization and management to human resources and health information services decision making Students are eligible to apply for admission to the professional phase of the Health Information Management program after completion of all university core and required support courses. Applications for admission to the program include a formal interview process and take place in the Fall semester of each academic year. Admission criteria consists of: 1. Completed university application; 2. Cumulative grade point average (GPA) of 2.5, based on a 4.0 scale; 3. Completion of any and all pre-requisites and required support courses with the minimum grade of 2.5 or 75 percent; 4. Completed application package including departmental application form, with three letters of recommendation from non-family members and 5. Completion of an oral and written interview with the Department Chair. Applications and supporting information are reviewed by the Admission and Review Committee in the Fall semester of the sophomore year for admission into the program in their junior year (HIM) (Leading to the Bachelor of Science Degree) General Studies .............................................................................................................. 42 (See Pages 71-72 Majors must include in their core courses selection the following courses 127 General Biology w/ Lab ........................................................................ 4 128 General Biology w/ Lab ........................................................................ 4 137 College Algebra .................................................................................. 3 251 General Psychology ............................................................................ 3 205 Public Speaking ................................................................................. 3 Required Support Courses -- Area ........................................................................... 25 214 Principles of Accounting ..................................................................... 3 205 Introduction to Computer Systems ...................................................... 3 254 Introduction to Economics .................................................................. 3 255 Business Law ..................................................................................... 3 361 Social Science Statistics .................................................................... 3 215 or 306 Inferential Statistics ............................................................................. 3 328 Technical and Professional Writing .................................................... 3 210 The Language of Medicine .................................................................. 3 212 Anatomy & Physiology for Health Sciences ........................................ 4 Professional Level Courses .......................................................................................... 64 211 Intro to Health Information Management ............................................. 4 305 Introduction to Health Statistics and Research Methods .................... 2 310 The Study of Diseases ........................................................................ 4 312 Development of Healthcare Information Technology .......................... 3 314 Current Trends in Healthcare Delivery Systems ................................. 3 321 Professional Development Seminar .................................................. 3 325 Applied Research ................................................................................ 3 328 Coding ................................................................................................. 3 339 Technical Professional Affiliation ........................................................ 6 424 Legal Aspects of Healthcare ............................................................... 4 440 Management Capstone ....................................................................... 4 442 System Analysis and Design ............................................................... 4 446 Quality Evaluation and Management .................................................. 3 452 Application and Analysis of the Electronic Health Record .................. 4 453 Financial Management ........................................................................ 3 457 Professional Development Seminar ................................................. 3 459 Administrative Professional Affiliation ................................................. 9 ............................................... 128 216 Rehabilitation Services program with a concentration in addictions studies (REH) Dr. Joseph Pete Interim Program Coordinator Dr. Mary Anne Joseph, Dr. Naoka Yasui The rehabilitation services program is a broad-based social justice program focused on the systematic process of assisting individuals without and with physical, mental, developmental, cognitive, and addiction-based disabilities to achieve their personal, career, and independent living goals through a variety of life activities. Graduates of the program either go to work in community based rehabilitation and substance use programs or go on to graduate school in various allied health and health science programs. This program will enhance the well- being of individuals by ensuring that skilled graduates are available to provide rehabilitation services to individuals with disabilities through vocational, medical, social, and psychological rehabilitation programs, through supported employment programs, through independent living services programs, through client assistance programs, and through substance abuse programs. As a result, the program will have a significant impact on assisting the to meet standards established for \u201cQualified Rehabilitation Counselors\u201d which is a charge found in Section 21 of the 1998 Amendment to the Rehabilitation Act of 1973 Rehabilitation Services programs are accredited through the Commission on Undergraduate Standards and Accreditation (CUSA) in conjunction with the Council on Rehabilitation Education (CORE) located at 1699 Woodfield Road, Suite 300, Schaumburg 60173 and can be reached at (874) 944-1345 (URL\u2014 The program was initially accredited in 2012 The mission of the Department of Rehabilitation Studies is to prepare rehabilitation professionals who possess the skills, compassion, and cultural competence needed to provide rehabilitation services to both the traditional and underserved communities in the city of Montgomery, the state and nation. Program objectives that are intended to meet institutional and societal needs\u2014Graduates of Alabama State University undergraduate program in rehabilitation services, with a concentration in addiction studies will: 1. Prepare rehabilitation service providers who possess the skills, compassion, and cultural competence needed to provide rehabilitation services to both the traditional and underserved communities; 2. Produce rehabilitation service providers who will join the workforce of rehabilitation professionals in Alabama and the Southeastern United States; 3. Facilitate the State of Alabama\u2019s goal to reduce the negative consequences of individuals with addictive behavior; and 4. Increase the pipeline of baccalaureate degree holders committed to pursuing graduate professional education in rehabilitation counseling and related health professions. Program objectives that are intended to meet expected student learning outcomes and achievements\u2014 Graduates of Alabama State University\u2019s undergraduate program in rehabilitation services, with a concentration in addiction studies will: 217 1. Apply theories of addiction, counseling, independent living, and vocational rehabilitation to one\u2019s ability to function in society; 2. Demonstrate ethical and professional behaviors that are congruent with the core values and code of ethics and standards of the of the National Association of Alcoholism and Drug Abuse (NAADA) and the Commission on Rehabilitation Counselor Certification (CRCC); 3. Appropriately assess a consumer\u2019s economic, educational, emotional, medical, physical, psychosocial, and vocational status; 4. Develop and document a rehabilitation plan for a consumer (with or without disabilities), which requires counseling interventions that are appropriate to the consumer's status and desired goals; 5. Demonstrate management skills, including planning, organizing, supervising, delegating and practicing as a member of a multi- disciplinary team; 6. Appropriately assess intervention outcomes; 7. Practice in a culturally competent manner; and 8. Demonstrate life-long learning and a commitment to public/community service Students are eligible to apply for admission to the Rehabilitation Services program upon successful completion of the General Studies Curriculum and will be accepted in their junior year. Admission criteria include the following: 1. Completed Undergraduate Application for Admission; 2. Cumulative grade point average (GPA) of 2.5, based on a 4.0 scale; 3. Completed departmental application package that includes two letters of reference from non-family members and an autobiographical statement. The student\u2019s application and supporting documents are screened by program director and full-time program faculty. Applicants who have applied will be contacted via official written correspondence to inform them of acceptance or rejection. Individuals who are not selected are informed of areas of deficiencies within the application process. These individuals will be encouraged to correct these deficiencies and reapply later The department offers the Bachelor of Science degree in rehabilitation services with a concentration in addiction studies minor is also offer in rehabilitation services. Rehabilitation services majors are required to complete the Senior Comprehensive Examination before they can be recommended for graduation (REH) (Leading to the Bachelor of Science Degree) General Studies .............................................................................................................. 42 (See Pages 71-72) Required Support Courses--Area ............................................................................. 21 306 Inferential Statistics ............................................................................. 3 353 Abnormal Psychology ......................................................................... 3 453 Psychological Methodology and Research ......................................... 3 205 Introduction to Computer Information Systems 218 or 210 Introduction to Computer Systems ...................................................... 3 Electives** .......................................................................................................... 3 Electives** .......................................................................................................... 3 Electives** .......................................................................................................... 3 **200 level or Higher (BIO, CHE, PHY, PSY, SOC, POS, ANT, ECO, BUS, CRJ) and must be approved by the Rehabilitation Services Advisor. Professional Level Courses .......................................................................................... 57 201 Introduction to Rehabilitation Services ............................................... 3 301 Theories in Counseling ....................................................................... 3 302 Medical Aspects ................................................................................. 3 303 Case Management and Recording .................................................... 3 304 Counseling Skills and Techniques ..................................................... 3 305 Vocational Development .................................................................... 3 306 Assessment in Rehabilitation ............................................................. 3 307 Assistive Technology and Resources ................................................ 3 308 Diversity and Disability ....................................................................... 3 309 Psychosocial Aspects ......................................................................... 3 310 Introduction to Addictions ................................................................... 3 311 Pharmacology in Addictions ............................................................... 3 312 Treatment Strategies in Addictions .................................................... 3 401 Fieldwork in Rehabilitation ............................................................... 3 402 Fieldwork in Rehabilitation .............................................................. 3 405 Group Process ................................................................................... 3 406 Seminar in Rehabilitation ................................................................... 3 Elective ............................................................................................................... 3 Elective ............................................................................................................... 3 REQUIREMENTS............................................. 120 Eighteen hours are required for a minor in Rehabilitation Services with a concentration in addiction studies. The recommended sequence of courses provides a solid foundation to Rehabilitation services, in addition to providing students with flexibility to their class schedule and interests (e.g student who is interested in the addiction aspect of rehabilitation has the chance to take not just two courses in addiction but three student who is interested in the Rehabilitation Counseling aspect may take 305 Vocational Development as the sixth class). Required Courses .......................................................................................................... 15 201 Introduction to Rehabilitation Services ............................................... 3 308 Diversity and Disability ....................................................................... 3 309 Psychosocial Aspects ......................................................................... 3 310 Introduction to Addictions ................................................................... 3 311 Pharmacology in Addictions ............................................................... 3 Restricted Minor Course Electives ................................................................................. 3 (Students are to select any one (1) from the following 3 credit hours course 303 Case Management and Recording .................................................... 3 305 Vocational Development .................................................................... 3 219 307 Assistive Technology and Resources ................................................ 3 312 Treatment Strategies in Addictions .................................................... 3 405 Group Process ................................................................................... 3 ............................................. 18 220 (MCH) (Leading to Undergraduate Minor/Certificate) Dr. Steven Chesbro Mrs. Catrina Waters The College of Health Sciences has developed a pre-baccalaureate minor/ certificate in Maternal and Child Health (MCH). The goal of this certificate program is to foster the personal, occupational and professional growth of the undergraduate students interested in careers that affect women\u2019s and children\u2019s health. This certificate program will be available to all undergraduate majors, but will be geared toward students completing programs in health, recreation therapy, physical education, psychology, rehabilitation services, social work, and other pre-professional programs. Admission Requirements: To be admitted to the minor/certificate program, a candidate should meet the following requirements: 1 undergraduate student in good standing (at least sophomore status). 2. Current G.P.A. of 2.5 or greater on a 4.0 scale. 3. Complete an application for the certificate program, which includes an essay. For more information, contact the Maternal and Child Health Improvement Office at 334.229.8818 (MCHP) Required Courses............................................................................................................. 8 200 Introduction to Maternal and Child Health ....................................... 2 201 Emerging Health Issues in ..................................................... 2 Choose two (2) from the following list of courses ........................................................ 2 297 Professional Development Seminar: Leadership .......................... 1 386 Professional Development Seminar: Research\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. ... 1 387 Professional Development Seminar: Special Topics \u2026\u2026\u2026\u2026\u2026 ... 1 389 Professional Development Seminar: Epidemiology\u2026\u2026\u2026\u2026\u2026.. .... 1 390 Professional Development Seminar: Ethics\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 ... 1 397 Professional Development Seminar: Leadership II\u2026\u2026\u2026\u2026\u2026\u2026. .. 1 398 Professional Development Seminar: Fieldwork I* ........................... 1 399 Professional Development Seminar: Fieldwork II*......................... . 1 *Note: Students must complete two (2) credits of Fieldwork. Students may replace Fieldwork (398 & 399) with prior approval from an advisor from the list below 339 Professional Practice I\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. ... 4 201 Field Study in Recreational Management\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 .. 1 303 Clinical Practicum in Recreational Therapy I\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. .... 1 304 Clinical Practicum in Recreational Therapy II\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 .... 1 463 Field Instruction I\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 ... 4 465 Field Instruction I\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 ... 4 401 Fieldwork in Rehabilitation I\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. .... 3 402 Fieldwork in Rehabilitation II\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. .. 3 221 Related/Support Courses .............................................................................................. 10 Note: Courses required for a major degree many not count for the minor certificate related/support course requirement. Please contact an Advisor to confirm appropriate support course selection(s 200 Introduction to the Health Professions\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 ..... 1 320 Human Physiology\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 ... 4 420 Molecular Biology and Genetics\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 .... 4 428 Child Growth and Development\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 ... 3 161 Spanish (Recommended) .................................................................... 3 100 Personal Health and Wellness\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 ..... 2 258 Health and Nutrition\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. ..... 3 360 Communicable and Chronic Diseases\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. ..... 3 210 The Language of Medicine\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 .... 3 MCHP203 Health Professions and Careers\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.... ... 2 MCHP298 Life Course Seminar I: Health Disparities\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 .... 1 MCHP299 Life Course Seminar II: Quality of Life\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. ..... 1 251 General Psychology\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. ..... 3 353 Abnormal Psychology\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. ...... 3 360 Developmental Psychology\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. ..... 3 375 Introduction to Developmental Disabilities\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. ....... 3 302 Medical Aspects\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. ....... 3 308 Diversity and Disability ....................................................................... 3 220 Special Healthcare Needs\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 .... 3 110 Introduction to Sociology\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 ... 3 220 Introduction to Social Work\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. ..... 3 230 Social Work in Health Settings\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 .... 3 322 Human Behavior and Social Environment I\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026... 3 323 Human Behavior and Social Environment II\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. .... 3 354 Child Welfare\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 .. 3 455 Social Work with Families\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 .... 3 222 In keeping with its role as a publicly supported institution of higher learning and its mission to meet community needs offers a variety of continuing education and community service programs. Through the Division of Continuing Education, non-credit courses are made available on a demand basis to those individuals, regardless of age, seeking self- improvement, professional development or personal enrichment. Whether one aspires to enhance basic academic skills (in English, math or computers); to become a better worker and manager; to learn how to swim or play a musical instrument; to improve his or her performance on a standardized test; or to discover his or her historical roots, he or she will usually find a course to meet that special need. [Suggestions for additional offerings are also welcome from the public at large.] The Division of Continuing Education also offers workshops, mini-courses and training sessions to meet special community needs. In addition, it cooperates with professional groups and community organizations in sponsoring seminars and conferences. [If your group would like to host a conference or seminar at ASU, please call 334-229-4686.] The non-credit continuing education program offered through the Division of Continuing Education has no specific admission requirements. Persons participating in the non- credit program may enroll in as many courses as they desire. Homework assignments and examinations are not requirements, however, certificates of completion are awarded to those participants who successfully complete a course or a program. Many of the non-credit courses allow the participants to earn Continuing Education Units (CEUs). The is a nationally recognized uniform unit of measurement designed to measure and record an individual\u2019s continuing education accomplishments. Records are kept on all participants who are awarded CEUs. Each non-credit course has a fee. Fees are listed in the course catalog published on our website at click on Academics/Continuing Education. You may obtain a course brochure from the office of Continuing Education, located 1030 West University Drive Since the 1920s, Alabama State University has offered instruction for the people of Alabama at sites other than Montgomery. Currently, graduate classes are offered at sites in Birmingham, Brewton and Mobile. Courses offered at these sites are listed in the regular schedule book, and students register in Montgomery during the regular registration period. Students taking these courses must meet the same academic requirements and deadlines as students attending classes on the main campus. Instruction at these sites is of the same quality as that on the Montgomery campus. All students in degree programs at off-campus sites must take at least 50 percent of classes required for the degree at the main campus in Montgomery. The Graduate School offers courses leading to the Master of Education degree, the Master of Arts degree, the Master of Science degree and certification, and recertification at off- campus sites. Students who enroll in off- campus classes can be assured of receiving high- quality instruction by an experienced and dedicated teaching staff. For information about course offerings, call the Director of off-campus programs at (334) 229-4899 or 4250, the Birmingham site at Miles College (205) 925-2753, the Brewton site at Southern Normal School (251) 867-4831, the Mobile site at Bishop State Junior College (251) 433-4691. 223 Alabama State University was approved by the Department of the Air Force in April 1971 to offer the Air Force Reserve Officers\u2019 Training Corps (AFROTC) program. The nationwide program is the major source of Air Force officer procurement. The purpose of Detachment 019 at Alabama State University is to offer educational experiences that will develop an appreciation for democracy and responsible citizenship and which will prepare and train students for officership, leadership and management in the U.S. Air Force. To accomplish this purpose, the Division of Aerospace Studies offers two- year and four-year programs leading to a commission in the U.S. Air Force. Through cross-town enrollment agreements, this program is available to students of Auburn University at Montgomery, Troy University in Montgomery, Huntingdon College and Faulkner University The basic goal of the curriculum is to provide military knowledge and skills which cadets will need when they become Air Force officers. The two major phases of the curriculum are the General Military Course and the Professional Officer Course. The General Military Course is usually taken during the freshman and sophomore years with academics and leadership laboratory each week. Aerospace Studies 100 deals with the Air Force in the contemporary world through a study of the total force structure, strategic offensive and defensive forces, general purpose forces and aerospace support forces. Aerospace Studies 200 traces the development of air power from the balloon and dirigible era up to and through the jet age. It is a historical review of air power employment in military and nonmilitary operations in support of national objectives and a look at the evolution of air power concepts and doctrine. Enrollment in the does not incur a service commitment. The Professional Officer Course is designated as Aerospace Studies 300 for juniors and 400 for seniors. The curriculum provides educational and training experiences which blend knowledge, skills and attitudes designed to prepare cadets for active duty as commissioned officers in the United States Air Force. Aerospace Studies 300 and 400 are offered four hours per week. Aerospace Studies 300 includes development of communicative skills, a study of Air Force leadership at the junior-officer level and a study of military functions, principles and techniques 400 includes development of communicative skills and a survey of our national security forces in contemporary American society. The Leadership Laboratory (LLAB) provides practical leadership training and experience in activities that closely approximate and simulate those engaged in and performed by Air Force officer personnel, include a mandatory physical fitness program and cadets study customs and courtesies, perform drill and learn about the life and work of an Air Force officer. Enrollment in the does not incur a service commitment is offered on a pass/fail system. Noncontract cadets who fail may not eligible for membership. Contract cadets who fail may be investigated for disenrollment in accordance with 36-2011. 224 Men and women students desiring to participate in the four-year program should enroll at the same time and in the same manner as they would for other connected with enrolling in freshman and sophomore years of the four-year program. Upon completion of the first two years (General Military Course/GMC) of the four-year program, a student may be selected for enrollment in the Professional Officer Course (POC). All or a portion of the general military course may be waived by the professor of Aerospace studies for Air Force Junior ROTC, Civil Air Patrol, Military School Training or prior active service in any branch of the U.S. Armed Forces. Selection into the Professional Officer Course is based upon satisfactory performance on the Air Force Officer Qualifying Test (AFOQT), passing an Air Force medical evaluation and completion of a four-week summer field training session. For most students, the field training will take place during the summer between the sophomore and junior years. All summer field training costs are paid by the Air Force; and, in addition, the student will receive a salary. (Field training is explained more fully in a later paragraph.) Other basic requirements for the four-year program are that the student must be a citizen of the United States or must obtain citizenship prior to entry and must possess sound moral character. If a cadet desires to be a pilot or navigator designee, he or she must be able to complete commissioning requirements prior to age 29. All other cadets must be able to complete all commissioning requirements by age 31. Cadets enrolled in the may also travel free on a military aircraft on a space-available basis. All uniforms and course materials are provided by the Air Force at no cost to students cadet who enrolls in the Professional Officer Course agrees to accept a commission as a reserve second lieutenant and to serve for a period of four years on active duty cadet accepted for pilot or navigator training must agree to serve on active duty for a period of ten years for pilots, and six years for navigators, after completing training Students desiring entry into the two-year program must have two academic years remaining in full-time student status, either at the undergraduate or graduate level, or a combination of both. Other requirements are satisfactory performance on the Air Force Officer Qualifying Test, passing the Air Force medical examination, a minimum of 2.5, on a 4.0 scale and successful completion of an six weeks summer field training session. To ensure selection for this program and timely entry for the fall semester, it is important that students apply during the early months (October-November) of the prior academic year. This lead time is necessary because there is considerable processing associated with the application procedure. Application for the two- year program can be made by contacting the Unit Admissions Officer. The student incurs no military obligation for completing the Air Force medical examination or Air Force Officer Qualifying Test. Students accepted for the two- year program must also be citizens of the United States and meet the same age requirements stipulated for the four-year program. After completing the six-week summer field training course, applicants meeting all the requirements may then be enrolled in the Professional Officer Course. All other benefits, requirements and obligations are the same as the four-year program Scholarships are available to qualified cadets participating in either the four- year or two- year program. In terms of time, scholarships are categorized as three-year, three and one-half year, two-year, two and one-half year. Scholarships are awarded on a competitive basis, and an applicant\u2019s academic major and potential active-duty career field are taken into consideration during the screening process. senior in high school. All four-year scholarship selections are made by a selection board at headquarters. Competition for scholarships covering less than a 225 four-year period takes place at the college level. Initial selection is made on campus by a board of officers. Final selection is made by a selection board at headquarters. Normally, two boards per year are convened\u2013 typically during the January/June time frame scholarships cover full tuition, laboratory and incidental fees and provide an allowance for books. Scholarship cadets also receive a nontaxable allowance each month General Military Course ................................................................................................... 8 101 The Foundations of the USAF............................................................... 1 102 Initial Military Training ........................................................................... 1 103 The Foundations of the USAF............................................................... 1 104 Initial Military Training ........................................................................... 1 201 The Evolutions of Air and Space Power ......................................... 1 202 Field Training Prep ................................................................................ 1 203 The Evolutions of Air and Space Power ......................................... 1 204 Field Training Prep ................................................................................ 1 Professional Officer Course ......................................................................................... 16 301 Air Force Leadership Studies ................................................................ 3 302 Intermediate Cadet Leader ................................................................... 1 303 Air Force Leadership Studies ................................................................ 3 304 Intermediate Cadet Leader ................................................................... 1 401 National Security Affairs ........................................................................ 3 402 Senior Cadet Leader ............................................................................. 1 403 Preparation for Active Duty ................................................................... 3 404 Senior Cadet Leader ............................................................................. 1 NOTE: All students that intend to earn a commission must attend Leadership Laboratory sessions. Students with academic schedule conflicts must attend a scheduled alternative leadership laboratory For a minor in Aerospace Studies, the student must complete the above General Studies, and complete an approved business/personnel management course ........................................... 27 minor in Aerospace Studies does not satisfy minor requirements for secondary teacher certification Four-week and six-week field training courses are conducted during the summer at several Air Force bases in the United States. The primary difference between six weeks field training, taken by the two-year student, and the four weeks field training, taken by the four-year cadet, is that students attending the six weeks course receive additional class work which compensates for the instruction that would have been received had the individual elected to participate in the or four-year program. Both field training courses include aircraft and aircrew orientation, career orientation, leadership training and evaluation, officership training, survival training, physical training, human relations instruction, small arms familiarization, first aid and other supplemental training. 226 Cadets are organized into units modeled after active duty Air Force organizations\u2013 groups, squadrons and flights. Each cadet receives several opportunities to serve in leadership positions within these units. Discipline is maintained with emphasis given to high standards of military appearance and personal grooming, courtesy, orderliness and neatness of living areas, military customs and traditions, and drill and ceremonies and cadets may compete to participate in additional sponsored and funded summer training programs. These programs are designed to help cadets gain knowledge of the challenges in leadership, management, and human relations encountered by a junior Air Force officer, provide a general orientation in Air Force specialties, and further motivate cadets toward an Air Force career. Opportunities include flight awareness, survival, and parachute/freefall training to name a few. 227 MONTGOMERY) Army provides college-trained officers for the Army, Army Reserve and Army National Guard. The Army program is offered at more than 600 colleges and universities throughout the nation. As the largest single source of Army officers, the program fulfills a vital role in providing mature young men and women for leadership and management positions in an increasingly technical Army. The Army is the only military service directed by Congress to grow in size, so we need thousands of new officers each year. The following benefits remain intact: training, challenges, excitement, money, career preparation and post-college employment. Partnership Schools Military Science The Smartest Course You Can Take Army is a college program that ultimately leads to commission as a second lieutenant in the Active Army, Army National Guard, or Army Reserve. The first two years of Army ROTC, known as Military Science and II, are normally taken during the freshman and sophomore college years, respectively, and incur no military obligation. For those students who did not have the opportunity to take Army ROTC, such as transfer students from a junior college, or students who have completed two years of college without taking any courses, we offer the Army Leader\u2019s Training Course (LTC). The is not the same as basic training; the emphasis is on instilling leadership skills in future officers rather than simply teaching basic soldier skills. Students who attend rotate leadership positions and receive feedback on their performance high percentage of graduates receive two-year Army scholarships. Students who wish to continue the program sign a contract at the beginning of their junior year, when they enroll in Military Science III. These Advanced Course students attend a five-week Advanced Camp in the summer after their junior year, and then enroll in Military Science as seniors. Upon completion of Military Science and graduation with a baccalaureate degree, the students are commissioned as second lieutenants. Contracted cadets receive a monthly tax-free stipend ranging from $450 to $500. Depending upon the needs of the Army and their own preferences, newly commissioned officers serve in the Active Army, or join National Guard or Army Reserve units in the area. Regardless of where you serve, you will be rewarded with the knowledge that you are a professional and are contributing to the security and welfare of the United States. We say that \u201cArmy is the smartest course you can take,\u201d because it teaches skills that you need to be successful in college, the military, and in civilian employment. Employers know that teaches the leadership and management skills that make people an asset to the organization. Many personnel directors and business owners are former officers themselves. When you enter civilian employment, your training and officer commission will make impressive statements on your resume. In fact will definitely give you an edge on the competition when you are looking for that \u201cdream\u201d job. Remember, Army is an elective that takes only a few hours a week. You can take right on your college campus, and there is no military obligation for the first two years. 228 After that, you can decide if you want to pursue a commission as a second lieutenant. We\u2019re bet- ting that after you\u2019ve checked us out, you\u2019ll definitely want to be a part of the program! Courses Offered Military Science and Leadership (MILS) Basic Courses 1010 (1). This course features an introduction to life in the U.S. Army. Topics include leadership; the unique duties and responsibilities of officers; the organization and role of the Army; basic life skills pertaining to fitness and communication; and an analysis of Army values and expected ethical behavior. Fall semester only; taken in conjunction with 1011 1011 (1). Leadership Lab is required for all Army students. The students will receive training in drill and ceremonies, field craft, individual movement techniques, squad tactics, map reading and land navigation, first aid, and use and maintenance of the M16 Rifle. Fall semester only; taken in conjunction with 1010 1020 (1). This course provides students with a basic knowledge of common military skills and presents the fundamental leadership concepts and doctrine of the U.S. Army. Topics include the practice of basic skills that underlie effective problem solving; application of active listening and feedback skills; examination of factors that influence leader and group effectiveness; and an examination of the officer experience. Spring semester only; taken in conjunction with 1021 1021 (1). Leadership Lab is required for all Army students. The students will receive continued training in drill and ceremonies, field craft, individual movement techniques, squad tactics, map reading and land navigation, first aid, and use and maintenance of the M-16 Rifle. Spring semester only; taken in conjunction with 1020 2010 (2). This course develops the knowledge of self, self-confidence, and individual leadership skills as well as develops problem solving and critical thinking skills and the application of communication, feedback, and conflict resolution. Areas to be trained include personal development, goal setting, communication, problem solving and decision making, leadership, teamwork, the group process, stress management, and physical fitness. Fall semester only; taken in conjunction with 2011 2011 (1). Leadership Lab is required for all Army students. The students will receive training in drill, physical training, rappelling, water survival, tactics, marksmanship, night operations, and land navigation. Fall semester only; taken in conjunction with 2010 2020 (2). This course focuses on self-development guided by knowledge of self and group processes by focusing on challenging current beliefs, knowledge, and skills. Spring semester only; taken in conjunction with 2021. 229 2021 (1). Leadership Lab is required for all Army students. The students will receive continued training in drill, physical training, rappelling, water survival, tactics, marksmanship, night operations, and land navigation. Spring semester only; taken in conjunction with 2020. Advanced Courses 3010 (3). This course examines the basic skills that underlie effective problem solving by analyzing the role officers played in the transition of the Army from Vietnam to the 21st century, analysis of military missions and the planning of military operations, the features and execution of the Leadership Development Program (LDP), and the execution of squad battle drills. Requires Department approval: Fall semester only; taken in conjunction with 3011 3011 (1). Leadership Lab is required for all Army students. The students will receive training in troop leading procedures, mission planning, squad tactics, land navigation, individual movement techniques, water survival, and rappelling. Fall semester only; taken in conjunction with 3010 3020 (3). This course probes leader responsibilities that foster an ethical command climate by developing cadet leadership competencies and applying principles and techniques of effective written and oral communication. Students are prepared for success at the National Advanced Leadership Course. Requires Department approval; spring semester only; taken in conjunction with 3021 3021 (1). Leadership Lab is required for all Army students. The students will receive training in troop leading procedures, mission planning, squad tactics, land navigation, individual movement techniques, water survival, and rappelling. Spring semester only; taken in conjunction with 3020 4010 (3). This course builds on the experience gained at the National Advanced Leadership Course in order to solve organizational and staff problems and discusses staff organization and functions, analysis of counseling responsibilities and methods, the principles of subordinate motivation, and organizational change. Students will apply leadership and problem solving principles to a case study and or simulation. Requires department approval; fall semester only; taken in conjunction with 4011 4011 (1). Leadership Lab is required for all Army students. The students will receive continued training in troop leading proce- dures, mission planning, squad tactics, land navigation, individual movement techniques, water survival, and rappelling. Fall semester only; taken in conjunction with 4010 4020 (3). This course is designed to explore topics relevant to Second Lieutenants entering the U.S. Army and focuses on the legal aspects of decision- making leadership, analyzing Army organization from the tactical to the strategic level, assessing administrative and logistical functions, performance of platoon leader actions, and an examination 230 of leader responsibilities that foster an ethical command climate. Requires department approval; spring semester only; taken in conjunction with 4021 4021 (1). Leadership Lab is required for all Army students. The students will receive training in troop leading procedures, mission planning, squad tactics, land navigation, individual movement techniques, water survival, and rappelling. Spring semester only; taken in conjunction with 4020. Scholarships Campus-Based Scholarships Veterans and eligible students enrolled in may compete for an on- campus scholarship. This may be a two- or three-year on-campus scholarship or a two-year dedicated scholarship or a two-year Guaranteed Reserve Forces Duty scholarship if you are in the National Guard or Reserves. The Army scholarship program provides financial assistance for the education and training of qualified and motivated young men and women who desire to be commissioned as officers in the Army after graduation from college. The Army Green to Gold Scholarship Program provides selected active duty enlisted members of the Army an opportunity to complete their baccalaureate degree requirements and obtain a commission through participation in the scholarship program. The Army Four-Year Scholarship Program gives students who have graduated from high school the opportunity to attend college and also earn a commission through participation in the scholarship program. Scholarship winners receive a designated book allowance of $1,200 per academic year, and a tax-free allowance of $300 to $500 (based on academic classification) per month for up to 10 months for each year the scholarship is in effect. To receive a scholarship, you must be a citizen of the United States and under the age of 31 on December 31th of the year you complete all requirements for a commission and degree. To receive more information on this program, navigate to the Cadet command website at The application window for four-year national scholarships in Nov. 15 through April 1. There is an open application period for two-, three- and four-year campus-based scholarships. There are some application requirements for an scholarship PROGRAM) The basic program consists of a four-semester block of instruction normally taken during the freshman and sophomore years. These general military courses consist of a wide variety of military science topics at the 100 and 200 levels. These courses provide a foundation in basic military subjects as well as unique hands-on training. Selected courses are offered during the fall and spring semesters with one or two credit hours gained for each course. Elective credits earned apply toward degree requirements in all schools of the college. Freshman- and sophomore-level courses are one hour a week 231 (plus one hour of leadership lab). Students enrolled in any of the basic courses do not incur any military obligation unless he or she is an scholarship student 101 Foundation of Officership 102 Basic Leadership 104 Leadership Lab 201 Individual Leadership Studies 202 Leadership and Teamwork 204 Leadership Lab Those academically qualified students who are unable to fulfill the requirements of the basic program during their freshman and sophomore years may qualify for admission to the officer development course by successfully completing Basic Camp preparatory training. This option is primarily designed to meet the needs of transfer students, those completing sophomore year and others, including graduate students who have four semesters remaining at the university. This option provides a two-year program in lieu of the standard four-year curriculum. The basic camp option consists of a five-week training period conducted at an active Army post during the summer months. Students desiring to exercise this option are required to submit a formal application and pass a general physical. Students electing the basic camp training program will receive approximately $800 in addition to travel expenses to and from the camp and academic credit on a pass/fail basis. Uniforms, housing, medical care and meals are furnished by the government at no charge to the student during the camp. The deadline for applications to basic camp is April 20. Interested students should contact the Military Science Department at (334) 244-3528 PROGRAM) The advanced program, which is composed of the 300- and 400-series courses, is designed to fully develop a cadet\u2019s leadership and management potential as well as those personal characteristics desired of an Army officer. The program\u2019s objective is to produce the highest caliber junior officer, fully capable of discharging a wide spectrum of command and management responsibilities in the modern Army. The officer development course consists of four-semester classes of instruction normally taken during the junior and senior years. Successful completion of four courses, together with leadership laboratory, fulfills military science academic requirements for award of an officer\u2019s commission. Three credit hours per semester are earned in each of the courses. Students receive a subsistence allowance of $450 a month (tax free), for junior; $500 for seniors. Service veterans, three- or four-year junior students, basic camp graduates, military junior college transfer students, and former military academy cadets may qualify for direct entry into the officer development course. Department evaluation of previous military training determines appropriate placement in the overall curriculum. 232 Advanced course students are eligible to participate in the Simultaneous Membership program with the Army National Guard or Army Reserve. Students participating in this program affiliate with a National Guard or Army Reserve unit as a student officer, thus affording them the opportunity for enhanced leadership development. When participating in the simultaneous membership program, students receive the drill pay of a sergeant in addition to their stipend of $256 per month. Students enrolled in the officer development course are required to successfully com- plete a five-week advanced camp at Fort Lewis, Wash., during the summer to become eligible for commissioning. Attendance at advanced camp normally occurs in the summer between the junior and senior years. The purpose of advanced camp training is to provide each cadet hands- on experience in leadership development positions, extensive training in military tactics and related subjects vital to success as a junior officer. Students attending advanced camp receive approximately $800 in addition to travel expenses to and from Fort Lewis, Wash. Uniforms, housing, medical care and meals are furnished by the government at no charge to the student during the camp. Additional voluntary training at a variety of active Army service schools is available to selected students during the summer. Students may select attendance at Airborne School, Air Assault School, the Northern Warfare Training Center and Cadet Troop Leadership Training. Students who successfully complete the appropriate course are authorized to wear the coveted Parachutist Badge or Air Assault Badge. Students who successfully complete the Army curriculum and who gain a bachelor\u2019s degree may be commissioned a second lieutenant. Subsequent military service may be on active duty or with the Army National Guard or Army Reserve. Active duty is for a period of three to four years with the opportunity for quality officers to continue on extended service 301 Leadership and Problem Solving 302 Leadership and Ethics 304 Leadership Lab 401 Leadership and Management 402 Officership 404 Leadership Lab Each year the Army offers a variety of scholarship programs to those young men and women who have demonstrated outstanding academic scholarship and leadership potential. Three-year and two-year scholarships are available directly through the professor of military science. Scholarships provide tuition to both resident and out-of-state students, textbooks, materials and laboratory fees in addition to a $200 a month tax-free allowance. Students interested in competing for scholarships should contact the Military Science Department at (334) 244- 3528. 233 (SMP) Students entering the officer development program III) may elect to join an Army Reserve or National Guard unit and participate in the Simultaneous Membership Program (SMP). These students drill with their units one weekend per month and two weeks in the summer. They are given the duties and responsibilities of officers within their units and receive the drill pay of a sergeant grade E5 (approximately $190 per month). Additionally, they may be eligible to receive Reserve Montgomery G.I. Bill Benefits (approximately $200 per month). All cadets also receive $200 per month from Army ROTC, tax free. Cadets who participate in the program may request active duty upon commissioning The amount of credit awarded in the different schools and curricula varies considerably, with a maximum of 24 hours being accepted within a 129-hour degree program in any curriculum. Acceptance of credit within a student\u2019s program is at the discretion of the individual academic department. Such credit may be applied as undesignated elective credit or toward a minor students should check with their academic advisers to determine the amount of credit that may be accepted in their programs of study Students participating in the Advanced Development Course must satisfy a Professional Military Education requirement prior to receiving a commission as a second lieutenant. This education is a continuous process that begins at a pre- commissioning stage and continues until retirement. There are a total of three course requirements that must be added to the curriculum to educationally qualify a cadet for commissioning. The three required courses are written communications, military history, and computer literacy. The department has a listing of courses that fill each requirement. The listing is available upon student request. 234 Course abbreviations and numbering system The following are the official abbreviations used by Alabama State University. Accounting Aerospace Studies Anthropology Art Biology Business Chemistry Communications Media Communications Recording Industry Communications Recording Technology Communications Studies (Speech/Public Speaking Computer Information Systems Computer Science Cooperative Education Internship College of Business Administration College of Education Criminal Justice Economics Education English Finance Foreign Languages Spanish Geography Gerontology Health Health Information Management History Humanities Human Services Library Education Media 235 Maternal and Child Health Mathematics Management Marketing Military Science-Army Music Music Education Music Media Music Performance Occupational Therapy Orientation Philosophy Physical Education Physical Science Physical Therapy Physics Political Science Prosthetics and Orthotics Psychology Reading Recreation Rehabilitation Counseling Rehabilitation Services with a Concentration in Addiction Studies Religion Safety Social Work Sociology Special Education Speech Theater The following numbering system is used in designating courses: Freshman Courses 100-199 Sophomore Courses 200-299 Junior Courses 300-399 Senior Courses 400-499 Graduate Courses 500-900 236 214 (3). Basic first- level college course designed for business and non-business students. The course emphasizes the use of financial statement information (income statement, statement of owners\u2019 equity, balance sheet and statement of cash flows) for decision making. The user orientation is based on the needs of present and potential investors, creditors and other interested parties in sole proprietors, partnerships and corporations. Prerequisite 137 205 215 (3 basic first-level college course designed for business and non-business students. The course focuses on the use of accounting information for sound managerial decision-making in planning and controlling business activities. Subject matter includes performance measurements, patterns of cost behavior, cost volume- profit relationships, budgets, standards, evaluation techniques and an introduction to long-range planning. Prerequisite 214 313 (3 study of financial reporting and the accounting profession that includes the conceptual framework of accounting; the accounting process; the preparation of the income statement, statement of owners equity, balance sheet and statement of cash flows. Prerequisite 214 314 (3 study of noncurrent operating assets- acquiring, utilization, impairment and retirement; investment securities trading, available-for-sale and held to maturity; long-term investments in equity securities; current liabilities; bonds and long- term notes; leases; pensions and postretirement benefits; stockholders\u2019 equity; share-based compensation and earnings per share. Prerequisite 313 318 (3 basic course in income tax law and accounting; preparation of federal individual, partnership and corporation tax returns. This course also involves tax planning and accounting records for income tax purposes. Prerequisites 215 252 255 411 (3). Fundamental concepts of cost accounting. Emphasis is on job order, process and standard cost systems; cost accounting as a managerial tool in decision- making processes; and preparation of various cost reports. Prerequisite 215 415 (3). Theory and problems relating to corporate mergers and consolidations, multinational corporations and foreign currency transactions, translations and re-measurements, insolvency and liquidations, and partnerships. Prerequisite 314 418 (3). This course explores the \u201cRisk-Based Auditing Approach\u2019\u2019 to audit- ing and assurance engagements; orients students to auditing standards and emphasizes the accounting principles utilized in the expression of the auditor\u2019s opinion; and explains the ethics of the profession and the responsibilities of the auditor. Prerequisite 415 419 (3). Accounting theory and reporting standards for governmental and not-for-profit entities such as federal, state and local governments, and private charities, mutual nonprofits, social welfare organizations, etc. Topics include the entities 237 organization, fiscal procedures, budgetary control, classification and use of funds, auditing, financial statements and reports. Prerequisite 314 420 (3). Comprehensive review of the areas of concentration covered on the Uniform Certified Public Accountants Examination. Assists students who desire to sit for the C.P.A. examination. Prerequisites: All required major courses, senior standing 421 (3). This course deals with the process of collecting and evaluating evidence to determine whether a computer system safeguards assets, maintains data integrity, achieves organizational goals effectively and consumes resources efficiently. Prerequisites 418 206 422 (3). This course introduces the student to the underlying standards, principles and procedures relating to the professional practice of internal auditing. Prerequisite 314 or consent of department chair 424 (3). This course serves as a review for students who intend to take the Certified Internal Auditors Examination. Prerequisite 422 430 (3). An in-depth study of basic tenets of accounting; special emphasis on pronouncements of various authoritative bodies. History of accounting briefly reviewed. Prerequisites 315, senior standing 101 (2). U.S. Air Force mission and organization; functions of U.S. strategic offensive forces; basic characteristics of air doctrine; officer- ship; assessment of written communicative skills 102 (1). Provides students basic skills and knowledge to be a functional member within the program 103 (1). Composition and mission of U.S. strategic defensive forces and systems for detection, response and direction; officership 104 (1). Provides students opportunities to build leadership and teamwork skills while following guidance/directives 201 (1). Traces the development of air power from the beginning of manned flight through 1941. Deals with factors leading to the development of air power into a primary element of national security; officership; assessment of written and oral communicative skills 202 (1). Provides students opportunities to build on information from previous classes. Knowledge and demonstration of basic military skills. 238 203 (1). The development of concepts and doctrine governing the employment of air power. Covers period from 1941 through Cuban Missile Crisis of 1962; officership; and continued assessment of written and oral communicative skills 204 (1). Students are given opportunities in positions to accomplish tasks related to drill and ceremonies. This requires knowledge and ability to lead and participate in formations 301 (3). The importance of effective leader- ship and discipline to successful job and mission accomplishment; familiarization with the military justice system 302 (1). Builds on leadership skills that the student learned over the summer at Field Training. Provides students opportunities to hold leadership positions 303 (3). The variables affecting leadership, the trait and interactive approaches to leadership; introduction to military management and the planning and organizing functions of management 304 (1). Provides students opportunities to hold leadership positions. Each position requires planning, organizational, and communication skills to accomplish large tasks 401 (3). The principal requisites for maintaining adequate national security forces. Examines the political, economic and social constraints affecting the formulation of U.S. defense policy; officer classification and assignments 402 (1). Provides students opportunities to hold leadership position and work on supervisory skills, especially giving and receiving feedback 403 (3). Observation and effective listening, conceptualization and formulation of ideas, and accurate, clear and appropriate writing and speaking styles; the role and function of the professional officer in a democratic society; socialization processes, prevailing public attitudes and value orientations associated with professional military service; military law, officership and special topics 404 (1). Provides students opportunities to hold leadership positions and prepare for responsibilities they will have after graduation. Activities can include base visits, guest speakers, seminars, etc 113 (3). Introduction to a wide variety of cultures; examination of concepts and categories that help us understand other ways of life; use of case 239 studies to illustrate different types of cultures; and, emphasis on contemporary cultures of Africa, Asia and Latin America and our relationship with them 326 (3). Major concepts and perspectives of anthropology; the contribution of anthropology toward understanding human nature and overcoming ethnocentric bias; and application of anthropological perspectives to contemporary world problems 327 (3). Study of the place of human beings in nature, their biological development and the origins of physical variation (race) among human beings; and study of the major sequences of world culture prehistory, including the origins of agriculture, urbanization and civilizations 328 (3). The anthropological concepts, theories and methods that help us understand human beings and their culture, the universal features of culture as well as the variations in ways of life among people in different areas of the world and at different times from prehistory to the present 332 (3 study of the culture patterns of Native Americans, including cultures before European contact and changes in these cultures and the cultures of contemporary Native Americans 334 (3 study of the cultures and societies of Africa, including cultural achievements, social institutions, the rich diversity and common themes, the interplay between traditional cultures and modern nations, the impact of colonialism and the struggles of new nations 340 (3). Study of the dynamics of the mutual influence of personalities on growing cultures, as well as the influence of culture in structuring the personalities of members of the selected societies. Special emphasis is placed upon application of theories of culture and personality to the contemporary social order 342 (3 study of the application of the concepts and insights of anthropology to specific human situations and contemporary global problems, including the environment, inequality, hunger, population, war and international order 344 (3). Study of the development of urbanism as a way of life and the special characteristics of urbanism and civilization; the urbanization of society; problems of contemporary urbanization in Africa, Asia and Latin America as well as the Western world; and, problems of stratification and integration of ethnic minorities and rural migrants to the city 346 (3). Anthropological approach to the study of political systems and political processes with an emphasis on local group dynamics, law and the maintenance of order, corporate groups and ideology; the relationship of politics to other institutions of society. 240 350 (3). The economic systems of tribal, peasant and modern societies are analyzed and compared; changes in production, technology, property, trade, the growth of economic interdependence of societies, poverty and wealth in global perspective 355 (3). An introduction to the study of cultural adaptation with emphasis on the interaction of environmental, technological and population factors and their relationship to human societies and cultures (ART) All Art Studio classes meet for 6 contact hours per week - Students are expected to match these hours outside of class on their own 121 I: 2 (3). Introduction of two- dimensional design in terms of process-production relationships, objective analysis and rational system of manipulation; the vocabulary of design and problem solving with emphasis on visual sensitivity, craftsmanship, material and techniques of design 122 II: 3 (3). This foundation course explores the use of the visual elements and principles of three-dimensional design. In this course the student is introduced to the study of three- dimensional form which includes the analysis of mass, volume, linear and planar forms. The student will use a variety of materials and processes to explore structural patterns of form including linear and planar analysis and exploration of mass and volume (Spring semester 123 (3 pre-professional studio art/design course that requires self- motivation, a serious approach towards learning and appropriate time management. This is an introductory course in color theory and the third in a three course design sequence. It is intended to give the student basic understanding of color theory and applications of color as a vital element in design and the visual arts. This course is intended to integrate basic skills and perceptual understanding of the relationships between color, light and structure of the psychological effects of each. The student develops basic skills and perceptual understanding of how color and light can be used to manipulate human emotions 131 (3 MAJORS. An introductory lecture class stressing the visual awareness of the environment and growth in thinking, perception and personal interest within visual arts. Designed to inform students about the language of art, the main purpose of art, and how to live with art in everyday life. (every semester 135 (3 ONLY. This is an introductory course which stresses visual awareness of the environment and growth in thinking, perception and personal interests within the visual arts. This course is designed to inform students about the language of art; the main purposes of art and how to live with art in everyday life. The major media of the visual arts are discussed with emphasis placed on the ability of art to communicate the ideas and thoughts of man throughout time. Through involvement in the course, one should gain knowledge for making informed judgments about works of art and the realization of their influence in the ability and aptitude in life experiences. One purpose of this class to provide these students with additional support in learning about art and help them formulate their own 241 goals for learning and working in the visual arts. Another purpose is to provide support to foster success in students\u2019 academic careers at Alabama State University and beyond. Therefore, students will participate in activities, discussions, and presentations related to art careers and preparation for work in the visual arts as well as activities geared to helping students negotiate their first semester here at Alabama State University. (Currently Fall Semester 201 (3). This survey course examines the development and significance of various epochs of art from pre-historic origins to the Romanesque period as they relate to certain cultural contexts including social, religious, political and aesthetic imperatives. While the major focus is on Western art, this segment includes early Asian art and Islamic art. (Fall semester 202 (3). This is a survey of the development and significance of various periods/movements of art from Gothic to early Twenty-first century as they relate to certain cultural contexts including social, religious, political and aesthetic imperatives. While the major focus is on Western art, this segment includes later Asian art as well as the art of Africa and the Indigenous Americas. (Spring semester 209 (3). Introduction to drawing; basic studio experience in the application of techniques of composition, measuring proportion, using line, drawing from observation with different drawing media and participation in art critiques of formal elements of graphic expression and individual development of drawing skills and creative expression (Fall semester 210 (3 continuation of Drawing dealing with continued experimentation and skill development in drawing; emphasizing techniques for creating value, while reinforcing the use of formal elements and concepts of drawing from observation and imagination; designed to encourage development of works that express the students skill and individuality (Spring semester).Prerequisite 209 224 (3). This course serves to introduce students to basic visual problem solving and expand upon the student\u2019s knowledge of design principles and approaches as they relate to the field of graphic communication. This class will be organized into three major areas of concentration. The areas are; informational/technical, understanding creativity, and projects. (Fall semester 225 (3). This course is an advance class to expand upon the student\u2019s knowledge of design principles and approaches as they relate to the field of graphic communication. Prerequisite 224 (Spring semester 230 (3). This is an intermediate course in photography with an emphasis on digital media and multi-media to communicate visual meaning. This course explores practical methods and techniques to create digital photographs. The students will develop the ability to creatively solve problems while competently working with industry equipment and software such as Adobe Photoshop and Adobe Bridge. This course is based on the visual exploration of a range of technical and intellectual problems of visual organization. Class time will be organized by discussion, demonstration, lecture and hands-on exercises for the students. It is 242 expected that each student will expend an equal to or greater amount of time outside of class working on assignments than class hours per week 240 (3).. Use of the computer as a creative tool through demonstrations, lectures and in-class hands-on assignments, the course emphasizes use of Macintosh computers and Adobe Creative Suite software. Assignments provide in introduction to the Mac interface and functions, practice in the use of formal elements and principles of design, and an introduction to professional practices in creating computer generated, imagery and graphic design 241 (3). This course is a further exploration of digital design on the Mac Computer using the Adobe Creative Suite with particular focus on Adobe Photoshop and the creation of digital imagery on the computer. This class is a studio course that emphasizes the understanding and application of art and design principles and the creative process in the production of both raster and vector based digital imagery for web and print. Prerequisite: Art 240 302. 19th (3). Major art styles of the 19th century, including Neo- Classicism, Romanticism, Realism, Naturalism, Impressionism and Post Impressionism, and the major artists of the period. Offered when warranted 303 20th (3). Major styles of art that evolved in the early20th century, including Fauvism, Expressionism, Cubism, Futurism, Abstract Expressionism and Surrealism in the context of cultural history. Offered when warranted 304 (3). This course covers the basic movements and the artists of the modern through contemporary time periods. Artists and styles are considered along with the theories, culture and society that influenced the visual arts of these times. It is strongly suggested that Art 201 and/or Art 202 are taken prior. Offered when warranted 305 (3). This course will examine selected topics concerning the history of American Art and Visual Culture. The focus of the course will change each semester. Topics may include (but are not limited to): Cultural Encounters; Turn-of-the-Century American Spectacle Culture; the Jazz Age; 19th-century Landscape and Genre Painting; Portraiture; Colonial Art and Architecture; and Indigenous media. Offered when warranted 306 (3).This course will examine selected topics concerning the history of American Art and Visual Culture. The focus of the course will change each semester. Topics may include (but are not limited to): Cultural Encounters; Turn-of-the-Century American Spectacle Culture; the Jazz Age; 19th-century Landscape and Genre Painting; Portraiture; Colonial Art and Architecture; and Indigenous media. Offered when warranted 307 (3).This course will examine selected topics concerning the history of American Art and Visual Culture. The focus of the course will change each semester. Topics may include (but are not limited to): Cultural Encounters; Turn-of-the-Century American Spectacle Culture; the Jazz Age; 19th-century 243 Landscape and Genre Painting; Portraiture; Colonial Art and Architecture; and Indigenous media. Offered when warranted 309 (3). This course surveys the development and significance of visual art created by artists who are African Americans. It begins with the period of formation of African American expressive culture during the enslavement period and ends with the work of contemporary artists. It includes the production of visual art according to certain cultural contexts including social, religious, political and aesthetic imperatives. One of the focuses of this course is how artists who are African American have been active participants in every major art movement since the mid-eighteenth century.Offered when warranted 310 (3). This course will examine the major developments in the history of graphic design, from its origins in bookmaking to contemporary media. The main focus will be emphasis on the graphics of Europe and \u201cpostmodern\u201d design movements of 20th Century America. It will also explore the philosophies, religions, ideas, and major events that have shaped the graphic arts and cultures of these areas. Offered when warranted 321 (3). Painting in acrylic and related media; explanations and demonstrations of media, materials and techniques; studio work utilizing subjects taken from the imagination, outdoor sketches and still-life objects; organization of realistic and abstract compositional elements into original artistic expressions 322 (3 continuation of 321. Continued experimental and skill development of the painting medium; solving more challenging problems affecting color, com- position, mixing, surface, etc. Prerequisite 321 or permission of the instructor 325 (3) Ceramics focuses on the basic processes used to make ceramic objects from clay- throwing on the wheel, coiling, pinching, and slab building. Students will learn about ceramic design through planning, decorating, designing with slips, carving, stamping, glazing and firing of works 326 (3). Ceramics will focus on advancing and deepening the students\u2019 skills and knowledge gained in Ceramics with more attention given to advanced forms; glazing and firing 327 (3). Crafts techniques involving experiences in dyeing, reverse appliqu\u00e9, stitchery, trapunto and quilting. Offered when warranted 330 (3). This course is to develop an awareness of the principles of typography, legibility, readability, appropriateness, function, flow and form, and to gain awareness of the historical development of typographic form. (Fall semester 331 (3). This course is an advanced class to expand upon the student\u2019s knowledge of the principles of typography: legibility, readability, appropriateness, flow and form, 244 and to gain awareness of the historical development of typographic form. This class will be introduced to web-design communication. Prerequisite 330 (Spring semester 332 (3). Introduction to the screen printing stencil process; demonstration of various techniques including the block-out, paper stencil and film stencil methods of printing 333 (3). Introduction to various methods used in making intaglio and relief prints including etching, dry-point and woodcut 341 (3). This is an introductory course to basic processes and techniques in sculpture. Students will be exposed to modeling, mold making, cast paper and/or cardboard with emphasis on craftsmanship 342 (3). This course involves learning additional techniques and processes of sculpture including carving, mixed media and welding. Students will be introduced to the development of ideas and content in creating sculpture. Craftsmanship continues to be an important theme. Prerequisite 341 or permission of the instructor 345 (3). Students will learn basic computer techniques and be responsible for terms relating to the Macintosh interface. Students will use Photoshop for image manipulation to create designs they encounter daily. Course will also introduce students to basic web development 346 (3). Designed to increase the student\u2019s basic knowledge of computer graphics by working intensively with time-based and interactive media. Macromedia Dreamweaver, for web site construction, will be emphasized. The course will also include Macromedia Flash, a program for interactive animation. This class will broaden the student\u2019s technical skills and develop the student\u2019s aesthetic. This class is professionally oriented, and is an advanced class. Prerequisite 345 350 (3). Introduction to traditional techniques for creating drawings that accurately and expressively portray the human figure. The class builds upon techniques for composition, measuring proportion, using line and creating value introduced in Art 209 & 210. Assignments provide practice in developing a basic structural knowledge of human anatomy through drawing the figure from observation and imagination in different situations and settings variety of both wet and dry drawing media will be utilized in this course. Prerequisite 209 and 210. Offered when warranted 353 (3). This course is an introduction to sequential art. Methods of visual storytelling and storyboarding will be introduced. Students will research genres styles and the general history of sequential art. They will be introduced to the production process with an emphasis on script breakdowns, drawing (from thumbnails to finished pencils), inking, and lettering using traditional and digital tools. Successful students will complete pages of black and white sequential art for output via print and the web. Prerequisite: Art 210 Drawing & Composition 245 354 (3). This course is an introduction to digital coloring for sequential art. Methods of visual storytelling will be expanded to include the effective use of color effectively as a narrative element in imagery. Students will research genres styles and the general history of sequential art. They will be introduced to the production process with an emphasis on script breakdowns, flatting, coloring, and will have continued practice with lettering using digital tools. Successful students will complete pages of full color sequential art for output via print and the web. Prerequisite: Art 210 Drawing 353 Sequential Art 360 (3). The exploration of two- dimensional and three- dimensional art techniques that involve the use of more than one medium in combinations. Assignments provide practice in designing and creating artworks using combinations of mediums, and build upon informed use of formal elements and principles of design and basic drawing skills variety of both wet and dry drawing media will be utilized in this course. Prerequisites 121, 122, 123, and 209 363 N-6 (3). This course deals with the basic movements and developments in art education; exploring areas of perceptual awareness in children; and the use of suitable media to develop their aesthetic and creative abilities. Laboratory experiences introduce students to media, procedures and activities used in the instruction of students in grades N-6 416 (3). Art theory is conducted as a seminar oriented towards the senior level art major. Aesthetics is discussed as a reflection of the cultures that produced art in history through today\u2019s contemporary artists. Students will compare these theories and define their own beliefs about the nature of art. Offered every third semester 421 (3). Exploration of the basic techniques of lithography; techniques to be explored are the use of litho crayons and pencils and tusche. Stone is the main printing surface 423 (3 continuation of 322, this course deals with the continued experimental and skill development of the painting medium; solving more challenging problems affecting color, composition, mixing, etc; and, advanced development in the technique of painting while giving attention to the expressive qualities of art work. Prerequisite 322 or permission of the instructor 424 (3). An upper-level, advanced studio course dealing with the latest developments in painting. Contemporary techniques and personal ideas will be explored in this class. Prerequisite: Permission of instructor is required to enroll 425 (3). Ceramics is an advanced ceramics course designed to further the refinement of skills, design and use of ceramic technology in order to further the development of the students voice in clay. 246 426 (3). Ceramics is an advanced ceramics course designed to further the refinement of skills; design and use of ceramic technology in order to realize personal artist goals 443 (3). This is an advanced course where students will work in selected media with the focus on advanced development of skills in those media and developing their own visual vocabulary. To that end students will continue to work on the development of ideas and content in creating sculpture. Prerequisite Art 342 444 (3). In this advanced course the student focus is on the creation of a body of work which shows excellent craftsmanship, a refinement of skills in the selected media, and their ability to integrate a personal vision at a higher level of quality than shown previously. Prerequisite Art 443 450 (4). Designed for junior and senior art majors only. Fine art students will develop a contract with instructor describing creative projects to be completed for the semester culminating with a project evaluation paper. Graphic art students will produce a series of computer based projects that combine both research skills and application knowledge of all departmental computer programs. Prerequisites: All students must have permission from the Chair, graphic students must have completed four computer graphic classes above the 200 level with a \u201cC\u201d or better, fine art students must have completed four studio classes above the 300 level with a \u201cC\u201d or better 451 (4) This class is a continuation of Art 450. This class is for Art majors only. This course is a way for art students to do advanced work in visual arts areas. This class is taught at the same time and days as Art 450. Prerequisites: All students must have permission from the Chair 452 (4). This class is a continuation of Art 451. This class is for Art majors only. This course is a way for art students to do advanced work in visual arts areas. This class is taught at the same time and days as Art 450 and Art 451. Prerequisites: All students must have permission from the Chair 460. INTERNSHIP(4).) Students are involved in off-campus learning experiences in a professional context related to studies. Students gain firsthand experience through applying their skills in a professional environment while still in college. Besides off campus learning, students are required to meet twice weekly with instructor to review progress and/or discuss problems along with submitting a weekly report to instructor. While the Department will try to help the student secure an internship, it is the responsibility of the student to secure and obtain departmental approval prior to the semester they wish to enroll in this class. Students are expected to perform 15 internship hours during the regular semester and 25 hours during a summer semester. Prerequisite: All students must have permission from Chair along with completing four (4) art or graphic classes above the 300 level with a Grade of \u201cC\u201d or better. 247 465 (1) This course will focus on the preparation for and the completion of the comprehensive exams in art taken by all art majors. The exam will cover material that is basic to the various fields and techniques used in art that is taught at the university. Each concentration, Fine Art and Graphic Design, have specific exams that relate to their areas only general exam along with a written essay exam will be addressed by both concentrations. Prerequisites: All students must have permission from the Chair. Attendance is mandatory for all demonstrations and workshops. Students must attend all art department functions; roundtable discussions, artists\u2019 lectures, gallery openings, departmental trips, etc. This class in offered during the summer. Prerequisites: Prerequisites: All students must have permission from the Chair 470 (1) This course is for graduating seniors in their last year of study. The class affords the graduating student guidance to build a presentation of their works accumulated over their career focusing in the fine arts, or graphic design. Under the guidance of the studio faculty, students will select and refine their work to create a graduating portfolio in different presentation methods, write artist statements, write resumes, hone interviewing skills and create finished portfolios that meet the targeted institutions/markets. Students will meet on a weekly basis for demonstrations and related topics dealing with artists\u2019 statements, resume development, presentation and portfolio development. It is assumed that the student taking this class is motivated and mature to work at times under time constraints. The portfolio class is not for generating new works\u2019, however, students are free to do so, on their own. Attendance is mandatory for all demonstrations and workshops. Students must attend all art department functions; roundtable discussions, artists\u2019 lectures, gallery openings, departmental trips, etc. This class in offered during the summer. Prerequisites: All students must have permission from the Chair 475 (1). This course is for graduating seniors in their last year of study. Under the guidance of the studio faculty, students will create, present and hang a self- directed cohesive body of work for public exhibition. Students will also be required to critique and defend this work in a public forum during their senior exhibition. Students will meet on a weekly basis for discussions on progress, reviewing abstracts, gallery protocol, creating an exhibition poster and announcements. Students must work with the gallery committee prior to the senior exhibition to learn how to handle and related topics ranging from documenting artwork, gallery protocol, matting, framing, presentation and publicity. Seniors may start on this project the semester prior to enrolling so as to gain the best possible presentation. Attendance is mandatory for all demonstrations, workshops and outside of class meetings. Students must attend all art department functions; roundtable discussions, artists\u2019 lectures, gallery openings, departmental trips, etc. This class in offered during the summer. All students must have permission from the Chair 127 (3 survey course emphasizing basic concepts and principles regarding the scientific method, biochemistry, cellular structures and processes, and genetics, and a brief overview of viruses, monerans and protistans laboratory component is required. Honors sections of this course are offered each semester for students enrolled in the Honors Program. 248 127. Honors sections of this course are offered each semester for students enrolled in the Honors Program 128 (3 survey course offering a brief overview of fungi, plant and animal taxonomy, and a comparative study of the following body systems: integumentary, muscular, skeletal, nervous, endocrine, circulatory, lymphatic, immune, respiratory, digestive, excretory and reproductive laboratory component is required. Recommended prerequisite 127 (1 laboratory course designed to acquaint students with basic experimental procedures related to the study of biochemistry, cellular structures, genetics and microorganisms. Honors sections of this course are offered each semester for students enrolled in the Honors Program 128 (1 laboratory course focusing on observation and/or dissection of fungi, plants and animal systems. Honors sections of this course are offered each semester for students enrolled in the Honors Program laboratory course that accompanies a lecture must be taken during the same term that the lecture is taken or after the lecture has been passed 200 (1). Through campus-based seminars, lectures and discussions, students interested in pursuing careers in the health professions have the opportunity to explore career options, verify their career choices and evaluate their suitability for specific career focus 240 (4 study of invertebrate and vertebrate animals with emphasis on phylogeny, classification, morphology, life histories, physiology, ecology and population biology and the evolutionary relationships among the various animal groups. Prerequisites 127 and 128. Three lectures and one lab period 241 (4 study of the morphology, physiology, development, and evolutionary and ecological relationship of plants. Prerequisites 127 and 128. Three lectures and one lab period 301 (1). An introduction to the basic principles of scientific integrity. Emphasis is placed on ethical and unethical practices in research and in communicating scientific results. Prerequisites: Juniors and seniors with honors status 305 (3 study of biological diversity, natural selection, evolution of prokaryotes, evolution of eukaryotic cells and the genesis of multicellular life. The role of modern methods of systematics, including application of molecular biology, in tracing the history of life is also discussed. Prerequisites 240 and 241 308 (4). Organ, adaptations, physiology and ecology of parasites. Identification and life histories of representative parasitic protozoa, helminths and anthropoids, with emphasis on host-parasite relationships. 249 Prerequisite 240. Three lectures and one lab period 310 (3 study of the interrelationships of organisms and their environment with emphasis on ecosystems, population dynamics and population ecology. Prerequisites 240 and 241 319 (4 study of the structure and function of the various systems that compose the human body with special emphasis on homeostasis. Prerequisite 240 or 128. Three lectures and one lab period 320 (4). This course is an in-depth study of the mechanisms that underline the normal functions of the cell, tissues, organs and organ systems of the human body. Multiple examples are used to show how physiological functions can become abnormal in human diseases. Prerequisite 240 and 141. Three lectures and one lab 321 (3 study of the structural, biochemical and regulatory processes of zygotes during differentiation and development into tissues and organ systems of vertebrates. Prerequisite 240. Two lectures and one lab period 323 (4 study of the fundamental principles of micro-biology and the applications of this science. Special emphasis is placed on the relationships of microorganisms to disease, sanitation and foods. Prerequisites 241 and 142 or instructor\u2019s permission. Three lectures and one lab period 336 (3 study of the fundamental concepts of heredity with emphasis on Mendelian inheritance and modern genetics of microorganisms, plants and animals including humans. Prerequisite 127 337 (4 unified description of cellular structure and function. Prerequisites 127 and 142 or their equivalents 340 (3). Statistical analysis of experimental biological data sets by means, analysis of variance, linear regression, linear correlation, analysis of frequencies, and goodness of fit using a statistical software package. Prerequisite 137. Two lectures and one lab period 350 (4 study of the principles, procedures and applications of modern biomedical research techniques and instruments, including radioisotope methodology, enzyme-linked immunosorbent assay (ELISA), gel electrophoresis, Western immunoblot, transformation, restriction analysis, polymerase chain reaction (PCR) and Southern hybridization techniques. Prerequisite 337. One lecture and two lab periods 420 (4 study of the basic principles and concepts of molecular biology and genetics, focusing primarily on structure, replication, 250 transcription, translation, recombination and repair, and on the control of gene expression in prokaryotic and eukaryotic cells. Prerequisite 337 421 (4). The study of animal tissues, involving a discussion of the structure and physiology of the basic types. Relationships of tissues to cells and organs are studied. Prerequisite 320. Three lectures and one lab period 424 (3). An introduction to modern virology with a focus on a molecular approach to the structure of virus particle and genomes, virus replication, control of gene expression, virus pathogenesis (including AIDS) and prion diseases. Prerequisite 337 425 (3 course dealing with humoral and cellular immunity, including antibody structures and synthesis and the use of antigen- antibody reactions as a tool in biology studies. Prerequisite 423 or its equivalent 427 (3 study of the biology, behavior and function of microorganisms in natural environment in relation to past and present environmental conditions on Earth. The role of microorganisms in ecologically and environmentally significant processes is also considered through discussion of specific topics such as elemental cycles, nutrient cycling, transformation of pollutant chemicals, waste water treatment and environmental biotechnology. Prerequisite 423 or 310. Two lectures and one lab period 450 (1). Presentations and discussions of current research publications in the life sciences. Prerequisite: senior standing 460 (2-4). Pursuit of an independent research problem in the biological sciences under the supervision of members of the faculty. Prerequisite: 3.0 in the sciences and consent of instructor 401, 402 and 403 (3,3,3). Open to students in College of Business Administration who have maintained a satisfactory standard of scholarship and who show high promise of success in their areas of concentration student who has been accepted by a firm for Business Cooperative Education becomes a member of the staff during the period of training and registers as a regular student at the university, receiving three hours credit for each experience, not to exceed nine hours credit toward graduation. The student lives where required by assignment and is allowed to take additional courses only with permission of the dean. To assist in the evaluation of the student\u2019s performance, the supervisor and the student submit periodic reports on the student\u2019s performance and progress to the placement 251 director and faculty coordinator. Students cannot use their full-time or part-time employment to substitute for Business Cooperative or Internship to earn credit hours 404 (no credit). Students are allowed a fourth Business Cooperative Education experience without credits toward graduation 200 (3). Covers the use of keyboards, with emphasis on efficiency, formats and document typing 201 (3 study of the principles of touch typewriting as well as analysis and understanding of the functions and operations of the typewriter. Special attention is given to practice in preparing typewritten outlines, reports and letters. Accuracy and speed are stressed. Minimum speed requirement is 30 gross words per minute with a five-error allowance on a three- minute timing 202 (3). Emphasis is on increased skill development in typewriting techniques and the applications of this skill to basic problems. Minimum speed requirement for a grade of \u201cC\u2019\u2019 is 40 gross words per minute with a five-error allowance on a five- minute timing. Prerequisite 201 203 (3). This course is a study of typewriting on the advanced level. The student must be able to type at a minimum speed of 50 gross words per minute with a five-error limit on a five- minute timing for a grade of \u201cC.\u2019\u2019 Stress is placed on production typing. Prerequisite 202 204 (3). The fundamentals of English leading to a better knowledge of the business letter and other forms of business communications, both oral and written, are studied 210 (3). Simple arithmetic and algebraic operations, introduction to statistics, percentage and business applications, simple and compound interest, discount annuity, amortization and sinking funds 301 (3). The principles of Gregg shorthand theory are learned. Emphasis is placed on the details of business practice as it relates to the stenographer. The ability to write shorthand at the rate of 50 words per minute on a three-minute take at 95 percent accuracy is required for a grade of 302 (3). Emphasis is given to building speed skill of 70-90 words per minute on three-minute takes. The student must be able to take dictation at 70 words per minute on three-minute takes at 95 percent accuracy for a grade of \u201cC.\u2019\u2019 Prerequisites 202 and 301 or the equivalents. 252 303 (3). The student must be able to take dictation at the rate of 100 words per minute on three-minute takes at 95 percent accuracy for a grade of \u201cC.\u201d Transcription of mailable letters is also emphasized. Prerequisites 202 and 302 or the equivalent 304 (3). Instruction in the care and the use of more important types of modern-day office machines is provided. Practical assignments are given to develop skill and efficiency in operation of the machines 305 (3). This course covers the laboratory instructions underlying the effective management of records. Technical aspects of records control with sound principles of management are covered 308 (3). This course serves as the connecting link between school and business by means of which the student is initiated into business practices and procedures. Skills that the student has already learned are integrated by providing office-like situations 385 (3). This course will emphasize methodology in teaching the skill and non-skill courses in business teacher education on the secondary level. It is designed for teacher-trainees, teacher educators, and in- service teachers. The historical and legislative backgrounds of business education are presented, and the relationship between career education and business education is covered with emphasis placed on the importance of career education to the business education field 400 (3). Develops production competency in type- writing, in editing, in composing documents and in report writing; qualifies the student for high- level positions of responsibility in administrative support services and business teaching 405 (3). This is a management course applied to office services, supervision of personnel, work flow, reports, regulation of office communications, banking, payrolls, tax records, office equipment and supplies 406 (3). This is a capstone course that helps the student utilize all secretarial skills in various simulated office situations, such as legal insurance, data processing, filing, executive and editing. Prerequisites 203, 303, 305 407 (3). Covers the systems approach to word processing. Prerequisites 204 and senior classification or permission of the instructor 408 (3). Covers the use of the micro- computer to its full potential. Allays apprehensions about hardware and demonstrates useful programs 430 (3). This course prepares the student in the necessary training to become an effective office worker. It is the capstone or culminating experience in 253 which the student translates the educational background into actual office practices. Prerequisites 203, 405 and 406 or consent of instructor 482 (3). The philosophy, history and principles of vocational office and distributive education in secondary schools 483 (3 study of new approaches of organization, operation and supervision of the Cooperative Office Education Program and the understanding of the recent emphasis in vocational education and work-study programs 484 (3). This course is designed to provide business education students with knowledge of vocational training theories and sources of occupational analysis and educational information 485 (3) Environmental relationships in business, business and public policy, economics and management, financial analysis and the mathematics of business, communications and decision-making, and office procedures 488 (3). Basic consideration in the planning and conducting of research in business education 141, 142 (4,4 study of the relation- ship of atomic and molecular structure to chemical behavior of common elements and of compounds. The periodic classification of elements and principles of atomic theory, oxidation-reduction and stoichiometry are also studied. Prerequisite 141 for 142. Three lectures and one lab period 211, 212 (5,5). An introduction to some of the fundamental chemistry of carbon compounds. Preparations, reactions and reaction mechanisms are introduced for some representative organic compounds. Structural theory, functional groups and their spectroscopic properties are studied. Prerequisite 142. Four lectures and one lab period 220 (3). An introduction to forensic science including a general overview of the work of forensic science practitioners, and of the various disciplines of forensic science. Lecture 320 (4). An introduction to the legal and scientific principles governing the sampling, storage, and chemical analysis of forensic samples. This course demonstrates the importance of analytical chemistry and its use in forensic science. Lecture and Laboratory. Prerequisite 342 321, 322 (4,4). Fundamental relationships among the properties of gases, liquids, solids and solutions, and basic principles of thermodynamics, 254 thermochemistry, homogeneous and heterogeneous equilibria, chemical kinetics, and quantum and nuclear chemistry are stressed. Prerequisites 142 211 and 266. Three lectures and one lab period 342 (4). Chemical equilibria and stoichiometry are described as part of the background and theory of methods involving primarily volumetric and gravimetric analysis. Prerequisite 142. Three lectures and one lab period 343 (4). An introduction to analytical techniques and experiments using electronic instrumentation. Laboratory practice is emphasized. Prerequisite 321 or permission of the instructor. Three lectures and one lab period 418 (2). Discussions of recent advances in chemistry, review of current literature and research, and applications of research problems. Prerequisite 212 or permission of the instructor 419 (4). Organic structure, reactions and reaction mechanisms are described and discussed in some detail for significant functional groups. Prerequisite 212 or permission of the instructor 421 (4). The chemical structure and some of the reactions of carbohydrates, lipids, proteins and nucleic acids as important substances in plant and animal systems are introduced. Prerequisite 212 or permission of the instructor. Three lectures and one lab period 422 (4). Continuation of 421. Reactions of the substances of major importance on living systems are described. Emphasis is on metabolism. Prerequisite 421. Three lectures and one lab period 423 (4). Introduction to selected techniques and procedures employed in research and in industrial laboratories for the preparation of representative organic compounds. Prerequisite 419 431 (2). Carefully selected topics are investigated under the supervision of a faculty adviser. Laboratory work involving frequent consultation with the faculty adviser is conducted. Use of chemical literature is stressed. Prerequisites: senior standing and permission of the instructor. May be repeated once for credit 432 (4 presentation of modern concepts and principles of inorganic chemistry. The topics may include ligand field theory, quantum theory, magnetic properties, modern acid- base theories, as well as coordination chemistry. Prerequisite 322 433 (4). The laws of thermodynamics and their applications to chemical systems and 255 principles of quantum mechanics as applied to chemical problems are introduced. Experimental and theoretical methods are presented. Prerequisite 322 434 (1). The course is designed to acquaint chemistry majors with primary and secondary reference sources in chemical literature. Prerequisite 212 or equivalent 460 (6). Open to senior chemistry majors only. This course provides opportunities for students to link experience with theory while working in forensic science laboratories. Periodic reports on work experiences are required. Students must fulfill security requirements of the assigned laboratory 205 (3). This course provides hands-on instruction on microcomputers using various kinds of software such as Microsoft Windows, Microsoft Word, Microsoft Excel, Microsoft PowerPoint and Microsoft Front Page. Introductory theoretical concepts of hardware and software are covered along with business applications of computer technology 206 (3). Basic concepts of databases are covered with the hands-on use of Microsoft Access. The fundamentals of computer programming are introduced using Visual Basic. Programming topics focus on developing object-oriented, event-driven applications. The World Wide Web and the development of multimedia presentations are also covered. Prerequisite 205 302 (3). This course provides the students with a working knowledge of developing web pages. Topics include Hypertext Markup Language (HTML), XML, CSS, Web management and publishing software (Microsoft Expression and Microsoft Visual Studio), graphic/imaging software (Adobe Creative Suite-Flash and Photoshop) and JavaScript for client- side programming. Basic concepts and practice of e-business will also be covered. Prerequisite 206 303 (3). This course is designed to provide students with a working knowledge of \u201cC\u201d programming language, including the use of \u201cC\u201d pre-processor commands thorough coverage is given to basic data types, operators, various program constructs, special data structures, file techniques and commonly used library functions. Prerequisite 206 304 (3). This course provides students with a comprehensive knowledge and hands-on experience with the Java programming environment and features. Students will design, write, debug, and run Java stand-alone programs and Java applets. Topics covered include: Java language fundamental, syntax, elements, operators, flow control, declaration, access control, arrays, string manipulation, object-oriented programming, handling events, graphics, user interface components, common classes, layout manager operations. Prerequisite 206. 256 309 (Common Business Oriented Language) (3). Study of structured with emphasis on hands-on development of business applications in a mainframe environment. Prerequisite 206 310 (3). This course will provide students hands-on instruction using the material developed in partnership with Cisco. Topics covered will include network terminology and protocols, local- area networks (LANs), wide-area networks (WANs), Open System Interconnection (OSI) models, cabling, cabling tools, routers, router programming, Ethernet, Internet Protocol (IP) addressing, network standards, initial router configuration, Cisco Software management, routing protocol configuration, TCP/ IP, and access control lists (ACLs). Students will develop skills on how to configure a router, manage Cisco Software, configure routing protocols, and create access list controlling access to the router. Prerequisite 206 313 C++ (3). This course discusses different programming paradigms and introduces students to object-oriented design methodology. Concepts of data abstraction, inheritance, and encapsulation are discussed. Additionally, this course presents an overview of the C++ programming language. Topics discussed will include classes, operator and function overloading and virtual functions. Students are required to develop several programming assignments using Microsoft Visual C++. Prerequisite 303 320 (3). An investigation of advanced topics in the use of Visual Studio 2005 with the C# programming language for developing ASP.net applications for the web. Prerequisite 206 329 (3). This course will provide students with a fundamental knowledge and hands-on experience of the R/3 environment. Students will learn business process integration through the configuration of a hypothetical company from the ground up using R/3. Throughout the semester, students will create the organization structure, master data and business rules to support the core business buy, make, sell and track (accounting) processes of the company. Testing will also be completed to ensure that the processes function as anticipated. Prerequisite 206 331 (3). This course covers issues relating to global supply chain management and coordinating production and services plans across the world. Key issues of global operations and will be addressed, including how to develop and manage an efficient and effective global supply chain. The course also discusses the development of a comprehensive global strategy, including strategic planning for individual global operations. Also addressed are issues relating to cost/benefit analysis, transportation and physical distribution, global facility location, labor productivity differentials, tariffs and quotas, and cultural differences. Prerequisite: Junior standing. 257 391 (3). This course covers fundamental concepts and business applications of mathematical programming and trail-and- error problem-solving techniques. Topics include linear programming, integer programming, dynamic programming, distribution models, inventory models, queuing models and computer simulation. Also, students are required to implement algorithms using a spreadsheet program or writing computer code using a programming language. Prerequisite 321 402 (3). Combines study of fundamental concepts of data communications and networking with practical applications for computer-based business data communications. Topics include data communications and networking hardware, media, software, protocols and planning, design, and implementation of communications networks such as LANs, WANs and VANs. All coursework is framed within current issues and future trends. Prerequisite 206 404 (3). Study of databases and database management systems from four viewpoints: those of the database user, the database designer, the database implementer and the database manager. Emphasis is placed on the relational database model in a environment using Access and Visual Basic. Prerequisite 206 410 (3). This course covers comprehensive and contemporary analysis and design of information systems as an integration of information technology, management and human behavior. Structured system development approach and modeling tools are covered with computer-assisted software engineering (CASE) technology. Systems investigation, analysis, design, implementation and documentation are covered with real-world applications. The object-oriented development approach will also be introduced. Students are required to complete a semester project. Prerequisites 404 415 (3). Study of the theoretical foundations of information systems and the development, management and application of Management Information Systems (MIS) for effective decision making. Topics include fundamental concepts of information systems; decision support systems and expert systems; information systems planning and implementation; and end-user computing. Students are also required to develop an project using Tools and languages such as Front Page, Access and Visual Basic. Prerequisite 329 422 (3). Practical computer information systems development experience is provided by allowing the student to design, develop, code and implement a to facilitate decision making. Prerequisites 404 410 and 415 460 (3). This course presents the concepts and fundamental features of CICS, with particular emphasis on the use of coding 258 models and efficient program design. Students learn to implement interactive programs through use of command-level interface and report writer facilities. Prerequisite 319 461 (3 second course in database management systems that builds on the fundamentals of relational database management systems covered in 404. The primary focus is on integrating database systems into the Web environment using technologies such as and JSP. Other topics covered are architectures for web-based information systems, content delivery networks and databases, data warehouses, multimedia databases and advanced SQL. Prerequisite 404 211 (3 study of American mass media: development, structure, problems and opportunities; mass communication theory and processes. Required of all communications majors and minors 212 (3). An introduction to newswriting. The primary focus is on practical experience in locating news sources, interviewing and note taking, evaluating and organizing facts, writing basic news stories and using proper newspaper style and format. Includes lab. Prerequisite 211 213 (3). An introductory course in black and white photography that covers the basic skills needed to process, print and finish in black and white. Includes basic camera and darkroom operating techniques, as well as print-making processes. Prerequisite: permission of the instructor 215 (3 hands-on laboratory/lecture course intended to teach basic studio operation and television production skills. This course will enable students to gain a reasonable working knowledge of different aspects of television studio operation and production. Prerequisite 211 244 (3 study of the basic styles, principles and techniques of broadcast news editing and writing. Emphasis is placed on application of these principles and techniques in practical and realistic assignments. Includes lab. Prerequisites 211 and 212 310 (3). Studies theories, principles, practices and fundamentals of public relations. Students learn history, philosophy and purpose of public relations. Concentration is on definition of the profession and on public relations planning. Students learn how to develop the four-step public relations plan, how to evaluate public relations programs and become acquainted with the various media employed in public relations. Includes lab. Prerequisites 211 and 212 or permission of the instructor. 259 313 (3). Surveys the editing process with practice in editing news copy, writing headlines, evaluating news, processing wire copy, selecting news and feature photographs, writing captions and the composition of front and inside pages. Includes lab. Prerequisites 211 and 212 320 (3). Addresses the need of the public relations professional to transform and translate general and specialized information to audiences using various devices. Focuses on the techniques, methods and procedures for preparing and writing public relations pieces for general audiences: news releases, broadcast news and features, advertising copy, speeches and scripts; and for specialized audiences: annual reports, newsletters and brochures, position papers, memos, reports and proposals. Prerequisites 211 and 310 321 (3 hands-on skill training course that will teach the student advertising fundamentals, basic marketing techniques and specific computer information, including word processing, desktop publishing (using QuarkXPress), Internet training and graphics (multimedia presentation, layout and design). Prerequisites 310 and 320 323 (3). Study, practice and application of basic announcing techniques for radio and television. Prerequisites 211 260 or 205. Includes lab 324 (3). This course is designed to enable students to acquire basic information about audio and radio studios with laboratory experiences in equipment manipulation, writing, producing and performing various types of radio programs. Prerequisite 211 327 (3). This course in feature writing involves studying markets, writing query letters, planning, gathering information, organizing and writing non-fiction articles for print media, and possibly web sites. Includes lab. Prerequisites 211 and 212 or permission of instructor 330 (3). Course explores theoretical background and practical applications of ethical issues confronting mass media practitioners. Reviews a wide range of issues from privacy rights and other constitutional guarantees to traditional media social responsibility theories and the evolution of ethical values. Uses case studies and practice assignments to highlight inherent ethical responsibility in mass media practice 333 (3). Course focuses on internet fundamentals such as internet language, search engines, internet applications for the media professions, ethical concerns and the writing and development of websites 344 (3). This course is designed to teach techniques used by column, editorial and broadcast commentary writers. By critiquing and writing such items, students develop a degree of proficiency in opinion writing. Includes lab. Prerequisites 211 or permission of instructor. 260 400 (3). Designing, planning and maintaining public relations programs for various types of organizations and agencies. Developing rationale for positioning the public relations function in its most effective place in an organization. Preparing and using public relations materials to address specific problems. Includes lab. Prerequisites 211 310 320 and 321 402 (3 study of the statutes and regulations governing press, broadcasting and films; comparative analysis of defamation, contempt, privacy and copyright, legal rights and privileges of the mass media. Prerequisite 211 or permission of the instructor 404 (2). Analysis of the role and responsibilities of the mass media in society, including institutional functions and effects in the social, political, economic and cultural spheres affecting mass communication processes. Prerequisites 211 and permission of instructor 408 (3). This course allows students to develop the skills needed in electronic newsgathering and reporting. Students learn how to shoot and edit video news footage and refine their research and interviewing abilities while learning the aesthetics of good news and documentary production. Prerequisite: permission of instructor 414 (3). Includes advanced methods of news gathering, equipment handling, and analysis of news sources and problem areas unique to broadcast journalism. Includes lab. Prerequisite 211 415 (3). Examination of the internal functioning of broadcast stations in the U.S. Specific focus includes station operation; management and problem-solving methodologies for programming, scheduling, audience researching and marketing analysis. Includes lab. Prerequisite 211 418 (3). This advanced reporting and writing course requires students to cover public affairs activities such as the county commission and city council meetings, court sessions, police departments, the state legislature, etc., to report news. Includes lab. Prerequisites 211 and 212 420 (3). Study of typical and atypical problems in public relations. Development of approaches and strategies for solving problems. Familiarization with contingency planning in public relations. Includes case histories and communication campaigns. Includes lab. Prerequisites 211 310 and 321 or permission of the instructor 423 (1). Designed to give students an opportunity to develop skills for various journalistic activities: working on the student newspaper or magazine; campus radio or television station. 261 Prerequisite: senior standing and permission of the practicum/internship supervisor 424 (2). Students work and study at a radio or television station, newspaper, public relations office, advertising agency or other sites in their area of concentration. Periodic reports on their work and on special readings are made to their faculty supervisor. Prerequisites 423 (practicum), senior standing and permission of the practicum/internship supervisor 425 (3 hands-on laboratory/lecture course intended to teach advanced techniques in television production and direction. Emphasis is on the art of producing programs for television, scripting and directing as applied to various television program formats. Prerequisite 211 426 (3). This is an intensive production course during which qualified students work on their professional \u201cDemo Reel\u201d projects. Preferably limited to graduating students only. Students must have completed all other production courses 430 (3). The course focuses on the fundamentals of research methodologies in communications 440 (3). Theory and practice of advertising sales in broadcast, print and internet media 200 (3). This course is designed to assist students in improving vocal quality, pronunciation, enunciation and articulation using standard American English. The course includes the study and use of the International Phonetic Alphabet 205 (3 first course in the fundamental principles of effective oral communication. Special attention is given to the selection and organization of materials, the presentation of speeches and the development of an acceptable speaking voice 208 (3). This course focuses on understanding communication as a dynamic and complex system of interactions. Emphasis is placed on applying communication theories in everyday communication situations 210 (3). This course explores the dynamics of face-to-face communication. Students participate in activities that illustrate concepts such as interpersonal attraction, self-concept formation, nonverbal communication, relationship development and maintenance, responsive language and listening, conflict management and resolution, and conversational analysis 260 (3). An introduction to the analysis of literature and to the principles of its oral presentation by the interpreter. Prerequisite 205 or permission of instructor. 262 300 (3). This course focuses on communication skills and problems within professional contexts. Emphasis is placed on communication competencies relevant to concepts such as team building, interviewing, business meetings and written communication. Prerequisites 205 and 210 or permission of instructor 301 (3). Principles of logical proof as applied in argumentation and debate. Theory and practice in analysis, investigation, brief- making refutation, evidence, forms of argument, fallacies and debate procedures. Prerequisite 205 or permission of instructor 310 (3). This course examines the roles and functions of nonverbal behavior in the communication process. Topic areas include paralanguage, environment and space, time, body movement and gestures, touch, smell, appearance, eye behavior and facial expressions. Prerequisites 208 and 210 or permission of instructor 320 (3). This course focuses on the techniques of selection, adaptation, compilation, rehearsal and staging of literature. Students will be required to participate in public presentations. Prerequisite 260 or permission of instructor 323 (3). This course focuses on the preparation and delivery of technical and presentational speaking within a wide variety of communication settings. Prerequisite 205 or permission of instructor 324 (1). Designed for students wanting to excel in public- speaking activities, this course provides students opportunities to compete locally, statewide and even nationally in debates and other forensic activities. May be repeated several semesters. Prerequisite 205 or permission of instructor 325 (3). The study of group process, inter- personal relations and leadership within the small group, conferences and public forum, with emphasis on practice in various types of public discussion, with materials drawn from current issues. Prerequisite 205 or permission of instructor 330 (3). This course explores the effect of cultural customs, behaviors, beliefs, and values on communication processes in interpersonal and organizational contexts. Prerequisite 210 or permission of instructor 340 (3). This course examines models and theories of persuasion. The course will include a survey of the research on attitude change and the implications for communication behavior. Prerequisite 208 or permission of instructor. 263 350 (3). This course explores concepts and theories relevant to human communication within organizational settings. Emphasis is placed on dyadic, small group and public communication processes within the organizational context. Prerequisites 210 and 325 or permission of instructor 370 (3). This course focuses on the use of competent communications skills in judiciary settings. Emphasis is placed on the application of theory and research during legal proceedings. Case studies will be examined and field observation will be required. Prerequisites 210 and 340 or permission of instructor 375 (3). This course examines the role of communication in political campaigns. It uses communication theory to explore the strategies political candidates use to appeal to voters and analyzes the impact of issues such as message structure, delivery and credibility on voter behavior. Prerequisite 205 or permission of instructor 401 (3). This course explores speechmaking as a force in American political and intellectual history from the colonial period to the present. Speeches related to political, cultural, social and economic issues are examined. Prerequisite 205 or permission of instructor 425 (3). This course examines the origins and development of rhetorical theory as well as methods of analyzing public communication. Students use models and theoretical approaches to evaluate messages. Prerequisite 205 or permission of instructor 490 (3). Students will work and study in a professional setting that is consistent with their career goals. Students will prepare and submit field notes to the internship supervisor periodically. Students will prepare a term paper that integrates communication theory and principles with the internship experience. Prerequisites: senior standing and permission of the internship supervisor 241 (3). Examination of the industry including, but not limited to, artist development, songwriting, publishing, record companies, record marketing and promotion, copyright, performance rights and careers 350 (3). Examination of the roles of recording artist\u2019s representatives. Topics include personal management, business management and entertainment attorney\u2019s roles in representation of artist. Prerequisites 214 215 341 360 (3). Special emphasis on the particular structures and problems involved in the movement of recordings from manufacturer to the buying public. Topics include product marketing, promotion and distribution. 264 Prerequisite 341 361 (3). Experiencing in creating publicity materials and developing media relations press releases press kits and publicity campaigns. Prerequisite 341 370 (3). An overview of legal problems encountered in the recording industry with specific attention to contractual considerations in recording and producing. Prerequisite 341 214 215 380 (3). Examination of copyright law with particular reference to the music industry. Emphasis on understanding and applying the law to work in the industry. Prerequisite 341 214 215 370 390 (1). Designed to give students an opportunity to develop skills and network with professionals in the recording industry. Prerequisites: Senior standing and Permission of the Professor 396 (3). An in- depth study of the theoretical and practical aspects of presenting contemporary arts and entertainment performances. Topics include talent acquisition, contracts and riders, production, venues, budgeting, ticket services and promotion. Prerequisite 341 450 (3). Emphasis on decision making for starting a recording business. Special emphasis on accounting methods royalty statements balance and income sheets, cash flow, operational and regulatory taxes, break even analysis, financing, project (financial/acquisition/forecast/ touring), and creation of a business plan. Prerequisites: All courses or permission of professor 496 (2). Practical experience for advanced students in a professional recording industry setting. This course may be repeated for additional credit. Prerequisite 341 214 215 497 (3). Provides hands on experiences in research in the recording industry. Involvement in group projects to provide music and/or consumer research services to various clients in the industry. Class is workshop oriented. Prerequisites: All courses or permission of professor 223 (3 variety of music subjects are explored within the context of commercial music as related to audio recording and production. 265 Specific topics include music fundamentals, commercial music theory, commercial form and styles, and basic aural and keyboard skills. Prerequisites: None 242 (3). This course addresses the basic production of musical sound. Concert includes examinations of how sound is produced by acoustic instruments and the human voice as well as with synthesizers and other electronic sources. Prerequisite 137 and 224 244 (3). Students in this course will investigate the basic concepts involved in studio recording. Emphasis is places on recording various types of ensembles, utilizing mixing boards and studying computerized recording techniques. Prerequisites 137 and 224 or Permission from Instructor 245 (3 continuation of Basic Recording for Audio Engineers 244). Prerequisite 244 310 (3 social and musical analysis of the origin and development of contemporary popular music in the 20th century. Musical genres include Tin Pan Alley, Jazz, Rhythm and Blues, Rock N\u2019 Roll and Country and Western. Prerequisites 132 and 341 324 (3). This course is a continuation of 223 - Musicianship for Audio Engineers. Classes will consist of furthering the application of musical concepts previously learned to popular music. New topics will include syncopation, modulation, two- handed accompaniment patterns, and selected secondary chords special segment will include an introduction to music notation software and the preparation of a lead sheet. Prerequisite 223 338 (3). Designed to acquaint the student with digital system basics, the fundamentals of micro- computers and the musical instrument digital interface (MIDI). Prerequisite 245 339 (3). This course addresses issues such as sound cause and effect, formats, distortion in reproduction and general principles of audio production. Prerequisite 338 342 (3). Organization of ideas, words, and music into the writing of popular songs. Analysis of songwriting trends. Students are expected to play guitar or piano and sing. Prerequisites 224 310 and 132 343 (3). This course is designed to teach the basic techniques used in modern popular arranging. Prerequisites 224 and 342. 266 397 (2 study of equipment, system concepts, design, and acoustical problems involved in sound reinforcement for live performances and road work as related to a professional concert situation. Prerequisites 242 244, and 245 or permission of instructor 415 (1 course design to provide practical experiences by visiting recording studios, television and radio studios, and related entities. Prerequisites 241 and 339 416 (2). Students are placed in an appropriate recording industry venue. Prerequisite 339 499 (1). The culminating public presentation of the bachelor of arts in recording an production. The presentation will utilize various applications audio and video computer technology. Prerequisites 339 and 416 200 (3). This course presents concepts of social value and valuations, introduces models that describe the impact of computers on society and presents tools and techniques that are applicable to problems posed by the social impact of computers 210 (3). An intensive introductory course in computer science with emphasis on the technique of algorithm development and programming style 211 (4). Introduction to structured programming concepts, problem solving and algorithm development, coding, debugging, testing and documenting programs in a modern high-level language. Prerequisite 210 212 (4 continuation of 211 with emphasis on modules and information biding, data abstraction through classes, structures and unions, recursion, pointers and dynamic data, and linked lists. Object-orienting programming, algorithm analysis, searching, sorting and trees. Prerequisite 211 280 (4). Introduction to formal models of structured programming, demonstrations of code reading and corrections, stepwise refinement and reorganization, segmentation, top-down design and development, information biding, interactive enhancement and structured design. Prerequisite 212 311 (4). Hardware organization of computers; main memory, processing unit, control unit, address structure and interrupts; system 267 software; assembler, loaders and library, sub-routines and macros; a study of the organizations and programming of the on- campus computer system. Prerequisites 212 and 256 312 (4). System and processor architectures; assembly language and storage devices and control techniques; addressing; and, segmentation and linkage techniques, macros. Prerequisites 311. Two lectures and two lab hours 315 (4). Introduction to basic data communication and networking concepts, including asynchronous and synchronous communication, multiplexing, local and wide area networks, layered architectures, and inter-connecting networks. Prerequisite 212 256 330 (3). An introduction to the internal structure of digital computers. The design of gauges, flipflops, registers and memories to perform operations on numerical and other data represented in binary form. Prerequisite 212 380 (3). The selection and construction of appropriate algorithms to solve practical problems on the computer. Design and analysis of efficient algorithms, integration of structures, algorithms and media. Prerequisite 311 414 (4). Topics in the area of operating systems and computer architecture. Multiprogramming systems, memory management, job and task management. Prerequisite 311 420 (3). The course includes solutions of linear equations; solutions of equations, both algebraic and transcendental; and, systems of using computers to prove theorems and analyze the difference between theory and the actual results. Prerequisites 212 and 266 421 (4). Theory of data structures and their computer representations. This includes linked lists, stacks, recursion, trees, graphs, sorting and searching, hashing and data compression. Prerequisite 212 431 (3). This course introduces students to the formal study of programming language specification and analysis and helps them to develop an understanding of the organization of programming languages, especially the run- time behavior of programs. It continues the development of problem solution and programming skills introduced in the elementary-level materials. Prerequisite 312 435 (4). Study of relational database model, relational database design principles modeling and normalization, structured query 268 language (SQL), query processing. Students develop a database application using a commercial product. Prerequisite 280 and 421 437 (3). Topics: software life cycle, planning, cost estimation, requirements definition, design and implementation issues, quality assessment and maintenance. Prerequisite 280 440 (3). This course offers a diverse sampling of the areas of theoretical computer science and their hierarchical interconnections. Prerequisite 431 441 (4). Introduction to techniques used in current compilers for computer languages; the syntactic specification of programming languages and an introduction to syntax-directed compiling. Prerequisite 312 442 (3). Introduction to fundamentals of computer graphic systems, including software components of computer graphics system, two-dimensional and three-dimensional transformations, display files, clipping and windowing; interactive graphics, shading and hidden-line elimination survey of application is introduced 445 (4). Basic concepts of supercomputing. This includes hardware and software elements of parallel machines, optimization, concurrency, parallelism, vectorization and pipelining. Prerequisite: senior standing 447 (4). Introduction to basic object-oriented design and object-oriented programming concepts, including inheritance, and polymorphism. Prerequisite 212 460 (3). This course introduces students to the basic concepts and techniques of artificial intelligence. The use of natural language and vision system in the application of intelligence systems research to other disciplines is emphasized 490-491 (3,3). Lecture course in topics of current interest. Prerequisite: consent of instructor 492 (4). Projects and/or lecture course in modern areas of interests. Prerequisite: consent of instructor 201 (3). Origin, development and organization of police practices. 269 202 (3). This course is an introduction or overview to the area of private security which is a part of security management and includes loss prevention and control for industry, business and government 247 (3). The course is designed to provide the student with functional knowledge of the historical development, traditional values and complex operation of the American criminal court system 248 (3 basic and broad overview of the origins, historical developments and contemporary practices of criminal laws, police, criminal courts, penal systems and juvenile justice process 249 (3). The study of substantive crimes and their punishment, elements of various crimes, and rules of evidence, criminal procedure and mechanics of the courts 251 (3 survey of the correctional components of the criminal justice system, providing a basic orientation and comprehension of the philosophy, nature, structure and functions of corrections in America 252 (3). Course investigates the need for a relationship between the police and the community; course also explores problems in reaching the goal of good police-community relations; future trends for relationship are examined 253 (3). An introductory course to the juvenile justice system in America. The main emphasis is on the system and the relationships among the police, juvenile court, juvenile probation, correctional institutions, juvenile parole and juvenile rights 255 (3). Examines the variety of correctional programs commonly referred to as \u201ccommunity-based corrections\u2019\u2019 and describes the applications of these programs to specific offender groups 349 (3). Supplemental to Criminal Law I, this course places emphasis on constitutional foundations and restraints on the exercise of governmental power. The case study method is used, emphasizing decisions of the United States Supreme Court in areas of basic rights and liberties pertinent to arrest and restraint, rights to counsel, search and seizure, due process and the role of the judiciary in the rule of law. Prerequisites 248 and 249 351 (3). An in-depth analysis of correctional law and legal cases involving correctional practices and administration 353 (3). Organization and function of law enforcement agencies. Analysis is made of most effective management theories and practices 354 (3). Presents an overview of the major delinquency prevention and control intervention points; covers pre- and post- adjudicatory programs used for 270 prevention and control of juvenile delinquency, to include detention, probation, community and institutions 355 (3). Emphasizes supervisory functions in jail and prison settings, including staff selection and development, decision making and staff morale, all within the overall context of the prison social structure 358 (3). The evaluation of evidence through the use of forensic science. Practical experience is achieved through actual laboratory experiments 359 (3 comprehensive survey of the police patrol function, its history and development. Patrol force distribution and the comparative effectiveness of several patrol methods are emphasized 360 (3). The traffic-control problem; the administration of enforcement, engineering and accident investigation methods and techniques; record keeping and reports; supervisory problems 361 (3). An introduction to statistical methods that emphasize the application of descriptive and inferential techniques to criminal justice data and research; computer applications for data analysis 362 (3 comprehensive study of drugs, including historical, medical and legal perspectives. Special emphasis is placed on the effects of intoxication and abuse, the efforts at control of drug use and abuse, and the particular drugs currently being abused in the city, the state and across the nation 434 (3). Examination of contemporary thought and philosophy regarding juvenile justice policy and delinquency causation, treatment and control 442 (3 comprehensive study of the theoretical explanations of crime causation and its implications for social institutions and criminal justice policies 446 (3). Examination of the current philosophical issues and approaches that impact juvenile and adult corrections to include the use of boot camp 450 (3). The fundamentals of research design are explored, including the formation of the research question, justification and scope of the problem, identification of the variables involved, hypothesis construction, instrument construction, sampling, coding and data manipulation, and analysis. Prerequisite 361 453 (5). Open to seniors only. Part- time opportunities are provided to have casework experience by working with various community-based and criminal justice organizations. 271 454 (3). The theory and scope of criminal investigation; collection and preservation of evidence; police science laboratory; investigation of specific crimes; and, interrogation techniques 455 (3 comprehensive analysis of the rules of evidence. Particular subjects include judicial notices, presumptions, the nature of real and circumstantial evidence, burden of proof, province of court and jury, documentary evidence, hearsay evidence, confessions and admissions, and witnesses. The course gives particular emphasis to evidence in criminal cases 456 (3). Open to seniors only. Discussion centers on assigned and selected readings addressing the contemporary issues of the criminal justice field 459 (12). Open to those seniors with a minimum overall 2.5 and who may or may not have taken 453 (Professional Internship I). Full-time opportunities are provided to have casework experiences in various community-based and criminal justice organizations 201 (3). This course provides essential mathematical background for students of business and economics, including linear equations and their applications, break-even analysis, linear supply and demand functions, systems of linear equations and inequalities, mathematics of finance and its applications, summation, differential calculus and integral calculus. Prerequisite 137 202 (3). Topics covered are types of data and levels of measurement, sampling, measures of central tendency, measures of dispersion, frequency distributions and histograms, probability, discrete probability distributions, continuous probability distributions, sampling distributions, confidence intervals for one population. Prerequisite 201 250 (3). This course will describe the nature and types of consumer and business credit. It also discusses the current techniques and strategies used by credit managers in credit decisions and controlling. No prerequisite 251 (3 study of the basic economic concepts underlying the structure and functioning of the American economic system, with emphasis on basic macroeconomic analysis. References are also given for issues on contemporary economic problems in areas such as unemployment and poverty, labor relations and economic development. Prerequisite 136 or 137 252 (3 study of the basic economic concepts, with emphasis on household behavior, marginal utility and demand- supply analysis; firm behavior, 272 producing and pricing output, factor market analysis and resource employment; and international economics. Prerequisites 201 and 251 254 (3 general study of basic micro- and macroeconomic analysis, with special references to fiscal and monetary policies, stability and growth, the price system and resource allocation. Designed for other than business administration students 331 (3). Topics covered include hypothesis testing for one population, hypothesis testing on the means of two populations, tests of two proportions, chi-square test for independence, one-way analysis of variance, two-way analysis of variance, simple and multiple linear regression. Prerequisite 202 341 (3). This course is a study of the pricing system and resource allocation in the private economy. It covers the theories of demand and production, the determination of prices for commodities and factors of production in competitive and noncompetitive markets, and behavior of markets. Prerequisite 252 342 (3). Aggregate economic analysis emphasizing the determination of the levels of income, employment, output and distribution of income. The treatment is largely nonmathematical beyond the simple geometrical tools and equations. Prerequisite 251 440 (3). An application of econometric techniques to economic problems. An examination of econometric models, probability, estimation estimators, random variables, regression and correlation as tools in economic analysis. Prerequisites 331 341 342 442 (3). This course surveys the analytical tools and the institutional characteristics of the production process. It develops and integrates principles and practices from various fields of economics and management that apply to management Decision- making and policies regarding production. The course draws upon the wealth of models and prescriptions of the analytical tools of decision making. Prerequisite 252 451 (3). Analysis of the economy of the city, its growth and development; theory and empirical analysis of urban markets and problems, and policies of urban economics. Prerequisite 252 455 (3 general study of money, the organization, function and operation of commercial banks. Emphasis is placed on the organization, power and responsibility of the Federal Reserve authorities. Included is a study of domestic and international monetary policies. 273 Prerequisite 251 459 (3 study of the public economy at the national, state and local levels. The course is divided into the microeconomic topics of resource allocation and income distribution and the macroeconomic topics of employment and price stability. Particular topics include the rationale for government expenditures in a market economy; cost-benefit analysis and budgeting; evaluation of taxes; and efficiency and equity effect. Prerequisites 251 and 252 470 (3). This course explores the nature, the characteristics and the causal factors of business cycles. It also covers the measurement of economic fluctuations and the forecasting of economic activity. Prerequisites 331 and 341 471 (3). This course introduces learners to the analysis of energy and environmental policy issues and their economic impacts on business and industry. Prerequisite 252 360 (3). This course is designed to introduce prospective teachers to the historical development and current trends of early childhood education. In addition to on-campus class sessions, participation in a laboratory experience is required 361 (3). This course is designed to develop those skills necessary to involve children in discovering and demonstrating creative talents through intellectual, social, emotional and physical stimulation. All areas of the early childhood curriculum are explored through the development and implementation of creative teaching and learning materials 369 (3). This course is designed to introduce prospective teachers to methods and materials used in teaching language arts in early childhood education. Emphasis is placed on the relationship of theory to practice in teaching children ages 3-8. In addition to on-campus class sessions, participation in a laboratory experience is required. Required: Due to emphasis on integration of subject matter, the student must also be enrolled in 370 and 371 370 (3). This course is designed to introduce prospective teachers to methods and materials used in the instruction of mathematics and science in early childhood education. Emphasis is placed on the relationship of theory to practice in the instruction of children ages 3- 8, and emphasis is on how children learn math concepts. In addition to on-campus class sessions, participation in a laboratory experience is required. Required: Due to emphasis on integration of subject matter, the student must also be enrolled in 369 and 371. 274 371 (3). This course is designed to introduce prospective teachers to methods and materials used in teaching social studies in early childhood education. Emphasis is placed upon the relationship of theory to practice in teaching children ages 3-8. In addition to on-campus class sessions, participation in a laboratory experience is required. Required: Due to emphasis on integration of subject matter, the student must also be enrolled in 369 and 370 423 (3). Systematic study of concepts pertinent to the growth and development of children. Includes an analysis of methodological solutions to problems encountered in Early Childhood Education. Involves regular visits to schools and community enterprises and other points of interest in order to broaden the student\u2019s perspective in the area 424 (3 study of classroom management as related to the preschool and primary school classroom settings and the guidance of the appropriate behavior of the young child. Emphasis is on practical application of management ideas and is based upon educational theory and current related philosophies 428 (3 study of factors affecting childhood growth and development, beginning with the prenatal period. The course emphasizes each period of growth and development with experiences in developing curriculum that is appropriate to the child\u2019s growth 462 (12). Participation in this course entails one semester or 16 weeks of supervised, full-day experience in assisting and teaching in an early childhood program. Placements are made on two levels and 1-3). The work is supervised by an on-site cooperating teacher and a university supervisor. Prerequisite: Admission to teacher education and completion of coursework. Adviser approval required 492 (12). Internship for a single teaching field. Supervised teaching for one full semester in a public school or residential setting with disabled students under the supervision of a cooperating teacher and a university supervisor. Prerequisite: Admission to teacher education and completion of coursework. Advisor approval required 494 (3). This course is designed to foster theoretical, philosophical and practical bases for systematically involving the parent, school and community in the enhancement of learning for children. Specific emphasis addresses the concept and role of home/school cooperation and offers numerous interactional techniques to enhance the effectiveness of teachers and parents in working with each other and in dealing with the children for whom they share responsibility. 275 374 (3). This course is designed to help students identify and use methods of teaching social studies to elementary school children. It includes development of social studies programs in the elementary school. Prerequisites 131 or 351-352 132 and 254 206 251 375 (3). Materials and methods of teaching mathematics. Emphasizes scope, sequence and content of mathematics program. Computational skills, problem solving and discovery learning pre- emphasized. Includes field experiences. Prerequisites: nine hours of mathematics 136 or higher and 320 376 (3 study of classroom management as related to the elementary school setting. Emphasis is on practical application of management ideas obtained from the professional literature 377 (3). Scope, sequence, materials and methods. Emphasis on teaching and development of content and process skills. Additional field experiences required. Prerequisites 127 128 4 hours 405 (3 study of the methods, materials and principles of teaching language arts in elementary school. Basic concepts are emphasized field experience in an elementary school setting is required. Prerequisites 131 132 or equivalent 209 or 210 461 373 461 (3). Introduces students to library materials for children, criteria for evaluation, tools for selection according to needs of the child and purposes of the elementary school program; gives students experience in the examination and reading of books and related materials and in storytelling 472 (12). One semester or sixteen(16) weeks of supervised full-day experience in assisting and teaching in an elementary school situation. Work is supervised by a cooperating teacher and a university supervisor. Placements in K-2 and 3-6 are required. Prerequisites: Admission to teacher education and completion of coursework. Advisor approval required 482 (12). One semester (16 weeks) of observing and teaching in area(s) of specialization in a secondary setting. Prerequisites: Admission to teacher education and completion of coursework. Adviser approval required 485 (3). An improvement of communication skills. Emphasis is on mastery of writing skills and on development of effective speaking skills. 276 486 (3). This course is primarily designed to acquaint students with a study of classroom management as related to the secondary school setting. Emphasis is on practical application of management ideas researched from professional literature 487 (3). This course provides the secondary English Language Arts education major with a theoretical and conceptual framework that encompasses the organization of the secondary school curriculum, curricular trends and strategies, and effective decisions about teaching and learning in grades 6-12. It is designed to provide curriculum standards, instructional strategies and techniques for teaching English Language Arts. The content from this course reflects the conceptual framework of Alabama State University, the professional standards of the National Council for the Accreditation of Teacher Education (NCATE), the National Board for Professional Teaching Standards (NBPTS), the Interstate New Teacher Assessment and Support Consortium (INITASC), and the National Council of Teachers of English (NCTE) because of its focus on constructivism, behaviorism, and the use of technology to enhance candidate learning 488 (3). This course provides the secondary mathematics education major with a theoretical and conceptual framework that encompasses the organization of the secondary school curriculum, curricular trends and strategies, and effective decisions about teaching and learning in grades 6- 12. It is designed to provide curriculum standards, instructional strategies and techniques for teaching Mathematics. The content from this course reflects the conceptual framework of Alabama State University, the professional standards of the National Council for the Accreditation of Teacher Education (NCATE), the National Board for Professional Teaching Standards (NBPTS), the Interstate New Teacher Assessment and Support Consortium (INITASC), and the National Council of Teachers of Mathematics (NCTM) because of its focus on constructivism, behaviorism, and the use of technology to enhance candidate learning 489 (3). This course provides the secondary History education major with a theoretical and conceptual framework that encompasses the organization of the secondary school curriculum, curricular trends and strategies, and effective decisions about teaching and learning in grades 6-12. It is designed to provide curriculum standards, instructional strategies and techniques for teaching History. The content from this course reflects the conceptual framework of Alabama State University, the professional standards of the National Council for the Accreditation of Teacher Education (NCATE), the National Board for Professional Teaching Standards (NBPTS), the Interstate New Teacher Assessment and Support Consortium (INITASC), and the National Council of Teachers of Social Studies (NCSS) because of its focus on constructivism, behaviorism, and the use of technology to enhance candidate learning 490 (3). This course provides the secondary Science education major with a theoretical and conceptual framework that encompasses the organization of the secondary school curriculum, curricular trends and strategies, and effective decisions about teaching and learning in grades 6-12. It is designed to provide curriculum standards, instructional strategies and techniques for teaching Science. The content from this course reflects the conceptual framework of Alabama State 277 University, the professional standards of the National Council for the Accreditation of Teacher Education (NCATE), the National Board for Professional Teaching Standards (NBPTS), the Interstate New Teacher Assessment and Support Consortium (INITASC), and the National Science Teachers Association (NSTA) because of its focus on constructivism, behaviorism, and the use of technology to enhance candidate learning. P-12 495 N-12 (12). Sixteen (16) weeks of supervised full-day experience in assisting and teaching in an N-12 school setting. Work is supervised by a cooperating teacher and a university supervisor. This course is for N-12 education majors in art, music or physical education. Eight (8) weeks are spent in N-6. Eight (8) weeks are spent in 7-12. Ten days of full-time teaching will be completed at each level. Prerequisite: Admission to teacher education and completion of coursework. Adviser approval required 129, 130 (3,3). Laboratory courses designed to provide freshmen an opportunity to develop the basic skills necessary for satisfactory performance in college-level writing. Emphasis is on writing \u2013 sentences, paragraphs, and whole essays, as well as grammar and mechanics. Non-degree credit 131, 132 (3,3). An introduction to the fundamentals of writing. Emphasis is placed on the clear, adequate and coherent expression of thought within the sentence, the paragraph and the essay; effective use of a variety of rhetorical modes; and the procedure for writing the research paper. Parallel readings are used for the study of structure and style, and a research project is required 140, 141 (3,3). An accelerated sequence for beginning freshmen who exhibit a firm grasp of the rules of standard English grammar and usage and the fundamental principles of writing. The courses offer instruction in various forms of expository and creative writing and provide an opportunity for students to develop and refine a personal writing style. Parallel readings are used for the study of structure and style, and a research project is required 209 (3). An introduction to literary forms and types through analysis of representative examples of literature. Prerequisite 132 or 141 210 (3). An introduction to literary forms and types through analysis of representative examples of literature. Prerequisite 209 or permission of the instructor 218 (3). Development of writing skills at the inter- mediate level with particular attention to clarity of exposition and the ability to communicate effectively in work situations. Stress will be on the student\u2019s learning to critique and to edit his or her own written material. Prerequisite 131 and 132 or equivalent. 278 219 (3). Fundamentals on finding, recording using, and documenting research data. Clarity of writing as well as correctness of grammar and sentence structure is stressed. Prerequisite 141 or \u201cB\u201d grade average in 131, 132 220 (3). This introduction to the study of language will look at subjects such as where our language came from, how it is acquired, what causes it to change, as well as some regional and cultural language differences. Attention will be given to the interrelation of sound, syntax, and meaning in the English language. Prerequisite 132 or 141 221, 222 (3,3). English literature from Beowulf to the present is studied as a reflection of life and thought of the times and as literary art. The aim of the course is to give a sound foundation for more literary study. Prerequisites 131 132 or 140 141 221, fall semester 222, spring semester 240 (3). This course introduces English majors to the movements and writers associated with the study of contemporary literary theory. Required of all English majors. Prerequisite 209 or permission of the instructor 301, 302 (3,3). Designed to give the student an understanding and appreciation of American writers from the Colonial period to the present. Prerequisites 131 132 or 140 141 301, fall semester 302 spring semester 303 (3 linguistic approach to English using transformational- generative grammar with some consideration of historical backgrounds. Prerequisite 131 or 141 304 (3 critical study of the short story from its beginning to the present day. Prerequisites 131, 132 140, 141, or permission of the instructor. (alternate years 305 (3). This course is designed to improve the student\u2019s working vocabulary through intensive word study and to focus on problems of contemporary English usage. (alternate semesters 307 (3 study of the select writing of significant African-American authors from the 18th century to the present day. Prerequisite 141 or 209 315 (3 study of the major writers, excluding Milton, from Donne through the post-Restoration period. Prerequisite 221. (alternate years 317 (3). An introduction to Neoclassicism and the Enlightenment through major writers: Dryden, Steele, Addison, Swift, Pope, Boswell and Defoe. Prerequisite 221 or permission of the instructor. (alternate years) 279 318 (3). Advanced instruction in prose writing; attention to fundamentals of prose styles in argumentation, exposition, description and in the writing of reports. Prerequisite 132, or 141 319 (3). Practice at writing short fiction, drama, poetry and autobiographical pieces along with readings from model works of prose and poetry. Designed for students who love to write. Prerequisite 131 or 141 321 (3 study of the literature and culture of Early England from Anglo-Saxon writings up to the early Renaissance. The course material will include a variety of genres, authors and thematic issues and may address such areas as morality and mystery plays, chivalric romance, types of epic, the sonnet tradition and literary criticism, among other things. Prerequisite 210 or permission of the instructor 322 [excluding Shakespeare] (3 study of the literature and culture of England from the early Renaissance to the Restoration. The course material will include a variety of genres, authors, and thematic issues, and may address such issues as colonial expansion, literary patronage, emergent capitalism, nationalism, the role of women in society and culture, and travel literature. Attention will be given to nontraditional as well as traditional texts and writers of the period. Prerequisite 210 or permission of the instructor 323 (3). An introduction to the literature of the Restoration and the eighteenth-century, including Dryden, Pope, Swift, and Samuel Johnson, among others. Prerequisite 210 or permission of the instructor 324 (3). Offers a chronological and thematic investigation of British literature of the nineteenth century. Attention will be given to nontraditional as well as traditional texts and writers of this period. Prerequisite 210 or permission of the instructor 325 (3). Offers a chronological investigation of British literature of the twentieth- century. Attention will be given to nontraditional as well as traditional texts and writers of this period. Prerequisite 210 or permission of the instructor 328 (3). Career- related writing: resumes, memos, reports, proposals and business letters. Clarity of language and correctness of grammar are stressed. Prerequisites 131 or 141 and a declared major 331 (3 chronological study of early American literature, the course will cover a variety of genres, authors, and thematic issues, including contact between Europeans and Native Americans, the Puritan heritage and the founding of a new nation. Prerequisite 210 or permission of the instructor 332 (3 chronological study of nineteenth-century American literature, the course will cover a variety of genre, authors, and thematic issues, including the literary movements, Romanticism, Realism, and Naturalism. Prerequisite 210 or permission of the instructor. 280 333 (3 chronological study of twentieth-century American literature, the course will cover a variety of genres, authors and thematic issues, including the literary movements, modernism, postmodernism, and contemporary writing. Prerequisite 210 or permission of the instructor 411 (3 study of the novel as a literary form; readings from Cooper, Hawthorne, Melville, Howells, James and others. Prerequisites 301 and 302 or permission of the instructor. (alternate years 412 (3). This course is an intensive study of a particular period or of a particular group of authors within the general field of American literature. Students must do individual research, make presentations and prepare scholarly papers. Prerequisites: English major and senior classification 415 (3 study of the rise of the Romantic Movement in English literature, its antecedents, its nature and the poetry of the early nineteenth-century. Prerequisite 222 or permission of the instructor. (alternate years 416 (3 study of the poetry of the Victorian age with Tennyson and Browning as the two great figures of the period, but also including works of other Victorian poets. Prerequisite 222 or permission of the instructor. (alternate years 417 (3 study of major developments in the English novel during the 18th, 19th and 20th centuries, focusing on a reading of representative works by authors such as Richardson, Fielding, Austen, Dickens, Thackeray, George Eliot, Hardy, Joyce, Lawrence and Woolf. Prerequisite 221 or 222 or permission of the instructor. (alternate years 418, 419 (3,3). Provides students opportunities to explore in-depth and intriguing approaches and techniques in writing and rhetoric. Prerequisites: Two 300-level English courses and senior standing or permission of the instructor 423 (3). Introduces students to the works of William Shakespeare. Selections will be taken from different genres and stages of Shakespeare\u2019s career and will address a number of thematic issues, such as the differences between comedy and tragedy, literary representations of Elizabethan history and culture, the sonnet tradition, etc. Required of all English majors. Prerequisites: Two 300-level literature courses 429 (3). This course, a concentrated study of a certain period or of a selected group of writers, is studied in the scope of English literature. The student is required to do individual research, to make presentations and to prepare scholarly papers. Prerequisites: English major and senior classification. Required of all seniors. (spring semester 440, 441 (3,3). Addresses matters not covered in any other course. The focus changes from semester to semester. Prerequisite 300-level literature course. 281 444, 445 (3,3). Offers an in-depth investigation of critical theory and its methodological applications. Prerequisites: Two 300-level courses and senior standing or permission of the instructor 450, 451 (3,3). Addresses issues of gender and sexuality in literature. The focus of the course changes with each offering. Prerequisites: Two 300-level courses 460, 461 (3,3). In-depth study of select topics, works or authors. Prerequisites: Two 300-level courses and senior standing or permission of the instructor 470, 471 (3,3). The scope of this course varies from focusing on writers in a single country, through writers in a region, to international writers, and at times includes literature in translation. Prerequisites: Two 300-level courses 321 (3). An introductory course of the theory of business finance: the financial environment, risk and return, the time value of money, valuation models, cost of capital, capital budgeting, sources/uses of funds and capital structure of the firm. Prerequisites 215 202 252 206 323 (3). An advanced study of risk and return, evaluation models, cost of capital, capital budgeting and project evaluation. Also considers forecast-based financial analysis and financial planning and evaluation of current items: cash, marketable securities, receivables and payables, and inventories. Prerequisite 321 324 (3). This course is designed to provide a clear and detailed understanding of every aspect of real estate with special emphasis on new federal legislation affecting real estate along with chapters on analysis for the investment decision. Prerequisites 321 321 321 331 (3). This course is a study of global financial markets and the financial decision making of multinational firms. Topics include international monetary systems, exchange rate determination, foreign currency derivatives, risk management techniques, multinational capital budgeting, multinational corporate governance, and investments, financing and operations in global markets. Prerequisite: Junior standing 416 (3). This course is designed to give the student a basic knowledge of the various types of insurance, warranties, liabilities and coverage peculiar to each one treated. Attention is also given to distinctions and divisions within each type. Prerequisite 252 417 (3). An overall view of the real estate market. The course surveys the different property ownerships. It looks at real estate as a business opportunity. Finally, the course covers the area of evaluation and appraisal of real estate property. Prerequisite 252. 282 418 (3 course designed primarily for finance majors. Emphasis is placed on the development of a keen sense of judgment in an attempt to obtain a just and fair opinion or estimate of the value of a parcel of real property. Prerequisite 417 421 (4 study of various investment instruments and their characteristics, investor choice, and an introduction to the basics of security analysis, portfolio management and speculative markets. Prerequisite 321 423 (3 study of the functions, operations and structure of the financial institutions industry. Analysis of similarities and differences in their sources and uses of funds. Prerequisite 252 100 (1). This course is for all education majors. This course is designed to assist students in their attempt to meet requirements for admission to teacher education and includes instruction in reading for information, applied mathematics, and writing in preparation for the basic skill assessment of the Alabama Prospective Teacher Testing Program 300 (3 brief orientation to the field of education, specifically focusing on the various roles and responsibilities of teachers. An integral aspect of the course is a school-observation requirement 301 (3). An introductory course for elementary and secondary school teachers, which is designed to improve the methods of observing and evaluating pupil growth in the classroom. While consideration is given to standardized tests, the major focus of the course is devoted to the less formal methods of evaluating employed by classroom teachers. Field-based experience is required 321 (3). Using current technology in instruction; including selection of equipment and software, strategies and techniques for use, and incorporating instructional technology into the K-12 curriculum. An introductory course that deals with principles, theories, selection, evaluation and uses of materials for instructional purposes. Laboratory experience in the operation of instructional technology equipment is provided 385 (1). This course is designed to further strengthen the teacher candidate\u2019s knowledge and understanding of core curricular subjects, including mathematics, science, social sciences, language, reading, music, health education, physical education, etc. This course will provide the candidates with theoretical background and research studies that influence our understanding of educational policies and competing ideas and practices in education 400 (3 study of the psychological basis of education and the application of principles of psychology to the learning process. Emphasis is given to human development, learning theory and managing students in groups. 283 141, 142 and (3,3). Grammar, pronunciation and the study of idioms; introduction to basic conversation and composition. Extensive laboratory exercises included 141 is prerequisite for 142. (every semester 241, 242 and (3,3). Thorough grammar review and continued laboratory practice; introduction to selected literary masterpieces as well as to light scientific prose 242 is conducted in the target language. Prerequisite 142 or qualifying examination 241 is prerequisite for 242 241, fall and spring 242, spring and summer 243 (3). Conversation about topics of French civilization; daily written assignments on contemporary French society; vocabulary building through acquisition of synonyms; and elementary aspects of French style. Prerequisite 241. (alternate years 341, 342, 343 (3,3,3 comprehensive review of French literature from the Chansons de geste to the present day. Prerequisite 242 or equivalent. (alternate years 441 (3). Well-known prose works of Sartre, Camus, Valery, Bulor, et al.; poetic works from Baudelaire to Surrealism and black voices of the present. Conducted in French. Prerequisite 242 or equivalent. (alternate years 442 (3). Transformations from classical to avant garde art from Gireaudoux to Beckett. Conducted in French. Prerequisite 242 or equivalent. (alternate years (FRS) FRS220 (3). An introduction to forensic science including a general overview of the work of forensic science practitioners, and of the various disciplines of forensic science. Lecture. FRS319 (4). An overview of the biological evidence and techniques used in forensic science. Topics will include serological study, hair and fiber analysis, fingerprinting, pathology used in identification and trauma to the human body, blood spatter patterns, and toxicology. The course will also include an examination of the techniques used in recovery, replication and analysis of that contributes to profiling, particularly RFLP, VNTR, and analysis, and an overview of population variability and demographics. FRS320 (4). The study of the chemistry, physics, and legal issues of forensic science. Topics typically include the legal aspects of forensic science, drug analysis, forensic toxicology, explosives and arson investigation, glass analysis, hair and fiber analysis, paint analysis, blood and semen analysis, soil examination, blood and breath alcohol content analysis, questioned document examination, and firearm examination. FRS400 (3) .Pursuit of a research problem in forensic science under supervision of member(s) of the forensic science faculty minimum of 200 contact hours is 284 required \u2013 Successful completion of Forensic Biology (FRS319) or Forensic Chemistry (FRS320) or permission of the instructor. FRS412 (4). This course will focus on issues which the forensic scientist must be aware of when working in a forensic science laboratory in both the private and public sectors. These will include but not be limited to discussions of the following issues: \u00bfEthical responsibilities of a forensic scientist in conducting analyses , writing reports, and testifying in court; Examples of ethical problems which issues which have occurred and impact trust in forensic science laboratories; Codes of Conduct and what they mean; Development of a cultural awareness of how forensic conducting forensic science research; The requirements for quality assurance systems and quality control to maximize the effectiveness of the laboratory work-product; Accreditation of forensic science laboratories and the certification of forensic scientists; Employment in a forensic science laboratory: search for opening, writing resumes, preparing for interviews, and following-up with employers. FRS423 (4). To introduce the student to the practices and policies of Forensic Toxicology. Give the student basic guidelines on how to analytically approach samples of suspected toxins as well as samples where no information is available as to what toxic substance, if any, may be present. The course will also cover problems in interpretation of analytical findings along with those methods that are considered insufficient for trial and those that are considered the gold standards as accepted by today\u2019s judiciary. FRS424 (3). Learn techniques in the analysis of forensic microscopic evidence. Topics include property of light, compound microscopy, micrometry, refraction, dispersion, stereomicroscopy, sample preparation, polarizing light microscopy, and instrumental microscopy. FRS25 needs to be taken at the same time. FRS425 (1) Learn techniques in the analysis of forensic microscopic evidence. Topics include property of light, compound microscopy, micrometry, refraction, dispersion, stereomicroscopy, sample preparation, polarizing light microscopy, and instrumental microscopy. FRS424 needs to be taken at the same time. FRS450 (3) - This course covers contemporary developments in the field of Forensic law, and the admission of scientific evidence into a court of law. The historical development of Forensic Science and the admissibility of scientific evidence under State and Federal Rules of Evidence will be examined and discussed in depth. Several of the most common scientific techniques will be examined to include DNA, Speed Detection, Fingerprint Science, and Alcohol Intoxication Testing. Students will participate in courtroom exercises. FRS466 (3). Opportunity to shadow an examiner in their discipline or section of interest. This shadowing shall include observing how atypical samples are received, processed through the laboratory, and how data is analyzed and reported. If possible students are encouraged to view expert testimony of an examiner minimum of 200 contact hours is required. 285 FRS499 (1). Discussion of recently published experimental findings and advances in the forensic sciences. Students will also be expected to research issues and present their research findings \u2013 Senior Standing or Permission of the Instructor 206 (3). An examination of the earth in terms of the land, the people and the culture. Current events are integrated into the course as a reinforcement tool. Maps are introduced and explained, and students are instructed in the basic skills necessary for their use and understanding. World landforms, bodies of water, climate and climate regions are presented. Major physical features of the earth are introduced, and the student is required to have an in-depth knowledge about the location and significance of these factors. Honors sections of this course are offered each semester for students enrolled in the Honors Program 300 (3 beginning course in the techniques of map making; interpretations of maps, models and graphs used in illustrating geographic facts and concepts 302 (3). This course deals with the spatial aspects of urban development; the morphology, function and evolution of cities. Special attention is given to the problems of cities against the background of a changing society 307 (3). This course provides an organized and balanced regional analysis and an exploration of the geographical interpretation of North America. Discussions on climate, natural resources, population, economic activities, industry, culture and religion are included 309 (3). Geographic interpretation of cultural and physical regions of Western Europe 312 (3 regional interpretation of Africa in terms of its physical and cultural patterns. Emphasis is given to the distribution and activities of its people in relation to the physical, economic, political and social patterns and the various stages and problems of development 315 (3 study of the natural environment of man: distribution, relationships and processes of landforms, climates and weather, soils, vegetation and water; the importance of the physical environment to humans 320 (3). Aerial studies of people of the world and their environment: components and spatial patterns of humanity; patterns and problems of settlement, population, language, religion, politics and economic developments examined from such perspectives as origin and diffusions, cultural ecology and process, cultural landscape and cultural regions. Honors sections of this course are offered each semester for students enrolled in the Honors Program. 286 210 (3). The course will commence with a comprehensive pretest, to assess the student\u2019s knowledge. This course is designed to provide students the skills to communicate effectively and comprehend medical terminology by demonstrating the ability to spell and define word elements in medical language with a practical application in medical records. The skills provided by this course of study will be developed through teaching emphasis on body systems, prefixes, suffixes, root terms, pronunciation and spelling. Emphasis on surgical instruments, medical procedures, and abbreviations for each body system will be given during the semester. This course will provide a knowledge base for the student on terms related to Cancer Medicine, Radiology, Nuclear Medicine, Medical Records, Pharmacology, Psychiatry, systemic disorders and autopsy procedures. Prerequisite: Biology 127-128 211 (4). This course introduces the health information management profession and departmental functions related to filing and numbering methods, records management, the use and content of the health record , health care data sets, vocabulary standards, primary and secondary records, retention and storage, and forms design. Various aspects related to health record documentation guidelines and standards will be explored, as well as the influence of accreditation and regulatory bodies. Health information processes and relationships among organizational departments and healthcare providers will also be addressed 212 (4). This course is an in- depth study of the mechanisms that underline the normal functions of the cell, tissues, organs, and the organ systems of the human body. This course focuses on the acquisition of knowledge and skills related to the study of anatomy and physiology. Multiple examples are used to show how physiological functions can become abnormal in human diseases. Designed for prospective health science majors in preparation for required courses in pathophysiology. Three lectures and one lab period is required. Prerequisite 210 127 and 128 305 (2). This health statistical/research course is fundamental for the Health Information Management curriculum and provides the student a basic understanding to determine what data elements and research methods are utilized in presentation of healthcare data and will focus on building the students skills to collect, evaluate, interpret, analyzed and report conclusions. The student will assess data needs, design data collection, process and coordinate data collection to analyze and present data for health care decision making and effectiveness in quality management, utilization review, risk management and patient care-related studies. Prerequisite 137 214 361 or PSY306 310 (4). This course addresses the study of the nature, cause, treatment and management of pathologic disease processes with emphasis on manifestations of disease, diagnostic and therapeutic procedures and pharmacology for the body systems with an emphasis on the understanding and applications of the disease processes as they relate to Health Information Management. Prerequisite 127 128 210 212 312 (3). An overview of information systems and the application in health care organizations; issues and 287 challenges in system design, implementation and systems security. Prerequisite 205 211 314 (3). This course provides an orientation to the United States healthcare delivery system and he various types of health-related providers/professions, facilities, modes of delivery and financing. History and classification of organizations within the healthcare delivery system and the functional roles of individual departments and external pressures are examined. Subsequent courses will draw on the understanding of these aspects. Prerequisite 211 321 (3). Focus on professional development in healthcare and management discussion of each of the healthcare settings and documentation requirements for alternative healthcare settings, healthcare information models, data content and analysis are mastered. Prerequisite 210 305 314 328 205 325 (3). This health statistical/research course is fundamental for the Health Information Administrative curriculum and provides the student a basic understanding to determine what data elements and research methods utilized in presentation of healthcare data and will focus on building the students skills to collect, evaluate, interpret, analysis and report conclusions. The student will assess data needs, design data collection, process and coordinate data collection to analyze and present data for health care decision making and effectiveness in quality management, utilization review, risk management and patient care-related studies. Prerequisite 127 214 361 or Psy 306 305 314 328 (3). Introduction to nomenclature and classification systems with an emphasis on ICD-10 and PCS, Procedural Coding System (HCPCS) used for hospital outpatient and physician billing and reporting requirements for ambulatory care coding. The course is composed of lecture and lab sessions. The students demonstrating entry level competency in coding will be introduced to computerized coding of diagnoses and procedures with emphasis on Major Diagnostic Categories (MDC\u2019s) and the assignment of the Diagnoses Related Groupers (DRG\u2019s) for inpatient, outpatient and rehabilitative services. Student must demonstrate a 75 percent competency. Included with this course will be lecture and laboratory practice on site and part of the 339 technical affiliations. Prerequisite 210 212 310 339 (6). Supervised 240 hours (8 weeks) of technical activity at an approved healthcare facility practice site where the student focuses on applying theory from the Health Information Management (HIM). Technical activities/assignments include an emphasis on: filing and retrieval, registration processes, assembly/analysis of paper/electronic health records; privacy/confidentiality and release of information (ROI) policies and procedures; security, storage and retention of the health records; and departmental systems analysis and work flow, organization/functions; and the paper/electronic form designs. Prerequisite 328 321. 288 424 (4). This course introduces Health Information Management students to the ethical and legal responsibilities encountered by health information professionals\u2014including the HIPAA, confidentiality, Release of Information (ROI) and how to protect the patient, customer, healthcare organizations and adhering to state and federal laws. Prerequisite 339, HIM440 446 453 442 440 (4). This final management capstone course addresses the principles of Health Information Administration with an emphasis on theory and leadership styles; the functions of planning, directing, organizing, actuating, budgeting and controlling as applied to effective operation within healthcare organizations are analyzed. Prerequisite 339 442 (4). This course covers the fundamentals and tools of systems analysis, operations and design. Students participate in a systems analysis projects for directed practice experience. This course also focuses on computer applications and the design and layout of facilities. Prerequisite 339 205 446 (3 study of the process of accreditation, certification and licensure, standards and requirements applicable to healthcare organizations, both internal and external which establishes outcome measures, evaluates and improves the quality, efficiency and effectiveness of health care relative to CMS, JCAHO, AOA, and national and state requirements. Prerequisite 210 325 339 205 328 452 (3). Principles of design and implementation of the electronic health record (EHR). Examines the background of electronic health record development and current trends. Focus on strategic planning, data infrastructure assessment, challenges to adoption and implementation. Prerequisite 211 339 442 205 453 (3). Overview of financial management functions at departmental level; budgeting and cost analysis for department-level operations and capital expenditures; financing of healthcare including the various reimbursement/payment systems. Prerequisite 214 305 310 205 457 Professional Seminar (3). The administrative seminar is designed to provide discussions, and activities that enable the student to make the transition from a student to working professional. Topics discussed include career plans, resume preparation, interviewing skills, job hunting, and professional competencies in the domains. This course is also geared toward ensuring students are prepared for the examination. Prerequisite 339 440 442 446 453 459 (9). This is the final professional affiliation experience for the Health Information Administrative student. It is intended to provide supervised management activities in an approved healthcare organization. This 240 hours administrative affiliation provides a capstone experience allowing the student to integrate 289 knowledge, behaviors, and professional theories acquired throughout the curriculum, necessary to the practice of health information administration. Emphasis is placed on the managerial structure of the affiliation, the department and the managerial responsibilities within, including the director with exploration of the administrative and budgetary policies and procedures. Prerequisite 339 100 (2). This survey course draws from the biological and social sciences to enhance an individual\u2019s general wellness through the study of health content, health promotion, and voluntary behavior change activities. Selected health content areas include family and social health, psychoactive substances, communicable and chronic diseases, and personal health and physical activity 200 (3 course designed to pro- vide a study of the basic aims, objectives, scope, professional literature, professional organizations and career opportunities in school health and community health 250 (3 study of the comprehensive school health program that includes the development, maintenance and protection of students, including examinations, screening, special services, communicable disease control, emergency care and school health records; and, the relationship between personal health and the community, including influences of the environment, the nature of diseases and comprehensive health planning on regional, state and national levels. Prerequisites 100 and 200 252 (3 course designed to provide basic health principles relative to the selection and use of health products and services. The evaluation of health care information and health care delivery systems is included taught in this course. Prerequisite 100 253 (3 comprehensive course dealing with the theories and practices of first aid emergency care and CPR. Course leads to Red Cross certification 258 (3). An introductory course in nutrition awareness that explores the relationship of nutrients, the environment and their relationship to health, physical fitness and nutritional status. Topics covered include basic nutrients, food groups, the U.S. Exchange System, nutritious diets, eating disorders, meal planning, nutrition and disease, food- borne illness, and food labeling. Prerequisite 100 300 (3). This course involves the study of psychoactive substances, their use and abuse. The psychological, physiological, sociological and political aspects, actions and consequences of psychoactive substance use, misuse and abuse are explored in this course. The classification and composition identification of alcohol and drugs are presented. Prerequisite 100 301 (3). This course involves the study of basic anatomy and physiology of reproduction, the sexual response cycle, sexually transmitted diseases, hormonal 290 influence on sexuality, and the psychology and sociology of human sexuality, to include behavior patterns, emotions and socio- cultural factors. Additionally, the course probes the study of sex- role values, with emphasis committed to family units, child-rearing practices, life-cycle sexuality, communicating about sex, improving sexual satisfaction, and cross-cultural variations in sexual expression. Prerequisite 100 339 (3). Designed as an introduction to the fields of Physical Education. The historical development, basic foundations, scope, trends and issues relative to Physical Education are addressed. Prerequisites 100 100 level activity class(es 343 (3). Designed to provide teacher candidates the opportunity to acquire the skills that will enable them to assess their teaching behaviors in light of current health content when designing and implementing effective instructional programs for elementary and middle school health education settings. Prerequisite 100. Clinical Field Experience required 360 (3). This course investigates communicable and chronic diseases and conditions that impact physical, social, and environmental health. Diseases and conditions covered are emerging infectious diseases and the chronic diseases identified by the Centers for Disease Control and Prevention (CDC), the National Center for Health Statistics (NCHS) as the leading causes of death of adults (by race, gender, age) in the U.S. Emphasis is placed on etiology, disease determinates (predisposing factors, risk factors), diagnosis, treatment/management of the condition, prevention strategies, and health behaviors that reduce risk. Prerequisite 100 443 (3). Designed to provide teacher candidates the opportunity to acquire the skills that will enable them to assess their teaching behaviors in light of current content when designing and implementing effective instructional programs for junior high and high school health education settings. Prerequisites 100 200 250 and 343. Clinical Field Experience required 460 (3). Reading, researching and reporting on current and relevant topics in health (six dimensions) under the guidance of a department faculty member. Prerequisites 100 250 300, and 301. Junior standing, 24 hours in health major, and permission of the instructor 200. Introduction to Maternal and Child Health (2). This course is an introduction to the historical perspective of maternal and child health, and to maternal and child health career opportunities. This course is designed to provide students with the necessary information and resources to develop a clear understanding of maternal and child health. Prerequisite: Admission to certificate program. 291 201. Emerging Health Issues in Maternal and Child Health (2). This course purpose is for students to develop a working knowledge of the health issues facing mothers and children, primarily in the United States. Following this introduction to key elements/issues in the field, the course will cover the major health problems, programs, and policies of different groups of women and children. Individual and family factors will be examined. General public health principles as they apply to children and families will be discussed. Contemporary public health dilemmas will be examined through case studies, classroom discussions and focused readings. The course will concluded with an introduction to the concepts of health disparities. This course includes a integrated learning laboratory component. Students will engaged in hands-on application of the basic concepts learned through integrated learning and self reflection. Lab hours included 297. Professional Development Seminar: Leadership (1). The purpose of this course is to provide a basic working knowledge of developing future leaders. Prerequisite 200 298. Life Course Seminar I: Health Equity (1). This course is designed to address the serious and persistent disparities in minority populations of infants and mothers not only during pregnancy, but also before and after pregnancy as well as earlier in life. This seminar course is particularly relevant to understanding and addressing health disparities, because social and physical factors underlie socioeconomic and racial/ethnic disparities in health. Prerequisite 200 299. Life Course Seminar II: Quality of Life (1). The purpose of this course is based on the Life Course Perspective, which theorizes that differences in exposure to protective and risk factors over the span of a woman\u2019s life impacts her ability to achieve healthy birth outcomes. This seminar will address fundamental health risks that may occur early on the lifespan, when prevention, early intervention and health promotion can yield the greatest benefit, can improve life-long health and quality of life, one of the major goals of Health People 2020. Prerequisite 200 386. Professional Development Seminar: Research (1). The purpose of this professional development seminar course for students to understand the importance of research related to children and families. Students will learn and apply scientific/clinical terminology and a review of the literature. Prerequisite 200 387. Professional Development Seminar: Special Topics (1). This course will introduce students to special topics in through case study analysis, focused readings, and in depth discussions. Prerequisite 200 388. Professional Development Seminar: Epidemiology (1). This course will introduce students to Epidemiology; through definition, applications, and will gain a clear understanding of how it affects the populations. Prerequisite 200 389. Professional Development Seminar: Health Professions (1). The purpose of this course is to introduce the students to the variety of healthcare professions and professionals who interact with women and children. Prerequisite 200. 292 390. Professional Development Seminar: Ethics (1). This course will promote students\u2019 awareness of ethical questions and knowledge of their historical contexts, particular, we will examine a variety of ethical issues by focusing on those that affect children and families 397. Professional Development Seminar: Leadership (1). The purpose of this course is to foster and broaden the knowledge base of students as future leaders in careers that impact women and children. Prerequisite 200 and 297 398. Professional Development Seminar: Fieldwork (1). The purpose of this professional development seminar course is to enable students to gain practical experience under conditions conducive to educational and professional development through clinical/field observation. This course is a time- limited, supervised period of community health/public health activities, carried out in a related professional environment. Prerequisite 200 399. Professional Development Seminar: Fieldwork (1). The purpose of this professional development seminar course is to enable students to gain practical experience under conditions conducive to educational and professional development through clinical/field observation. This course is a time- limited, supervised period of community health/public health activities, carried out in a related professional environment. Prerequisite 200 (REH) Prerequisite requirements for all courses: 1 minimum of 26 credit hours; 2 minimum 2.5 GPA; 3) Must have declared Rehab Services as a major in the department; and 4) Must have Program Director/Instructor approval 201. Introduction to Rehabilitation Services (3). This introductory course will focus on the racial, ethnic, gender, socioeconomic, and sociopolitical factors as it relates to the context of disability. Emphasis on how disability is defined and understood within society will be discussed. Students will be exposed to legal issues, professional ethics, consumer advocacy, lived experience, and resources (community, state, and nationally 301. Theories in Counseling (3). This course is designed to give undergraduate students who desire to work in, or are considering careers in helping professions (such as counseling and social work) a basis for developing the theoretical orientation that will serve as a foundation for their work with consumers with a broad range of disabling conditions (including, but not limited to, those that have a physical, psychological, or sociological basis). This course is also intended to provide an overview of commonly used theoretical orientations in counseling, but is in no way designed to be sufficient for the development of complete competence in the use of such theories in clinical practice 302. Medical Aspects (3). Students will be introduced to basic medical terminology and medication language. In addition, a variety of disabilities with emphasis being placed on the impact of severe and chronic conditions will be discussed. Students will explore these disabilities in terms of their etiologies, functional limitations, treatment/rehabilitation options, and vocational implications. 293 303. Case Management And Recording (3). This course is designed to familiarize students with the purpose, function, and rationale for case management services within a human services organization. The case management process includes the intake interview to termination of services, with focus given to the three phases of case management: assessment, planning, and implementation. Further, the locations in which the case management process occurs will be reviewed and organizational, legal, and ethical issues confronting the case manager will be addressed 304. Counseling Skills and Techniques (3). This course is designed to provide rehabilitation services students with the skills, information, and resources necessary to develop a clear understanding of basic helping skills and techniques. Additional Prerequisite(s 301 305. Vocational Development (3). An overview course, which introduces the students to the process of transitioning individuals through lifelong career development, both in the educational and service delivery systems. Emphasis includes theory and philosophy in guidance and rehabilitation settings relating to persons with difficulties in the vocational decision-making process. Knowledge and skills for assessment, planning, education, counseling and adjustment are emphasized 306. Assessment in Rehabilitation (3). This course will serve as an introduction to vocational evaluation providing a survey of concepts creating a foundational knowledge base of vocational evaluation. This course will provide students with an understanding of basic statistical concepts; a working knowledge of test selection, administration, and interpretation of test results; and communication skills necessary to fulfill the role of vocational evaluator major emphasis will be on practical application, experiential learning, and critical thought that are involved in the vocational evaluation process. Additional Prerequisite(s 305 307. Assistive Technology and Resources (3). This course will introduce students in rehabilitation, or any other helping profession or fields of study to have a greater understanding of Assistive Technology (AT) and its impact on Society. Students will gain a historical and legislative perspective of AT. Students will acquire a perspective on how can be an effective tool, and agent in theirs and others (persons with disabilities) lives in various environments (work, home, recreation, etc.). This course will examine the application and utilization of assistive technology in reaching individuals goals, and objectives 308. Diversity and Disability (3). This course will examine our experiences in a multicultural society. The content will include exposure to trends including students\u2019 reactions to characteristics and concerns regarding diverse groups. Students\u2019 attitudes and behavior based on such factors as age, race, religious association, disability, gender, ethnicity and culture, family patterns, socioeconomic status, and intellectual ability will also be explored 309. Psychosocial Aspects (3). Students will be provided with an overview of the psychological and social aspects of disability with an emphasis placed on diversity of experience among individuals with disabilities and their families. The impact of social and psychological aspects of disability on public attitudes, public policy, and law will be examined. The adjustment process experience by individuals with disabilities and their families will be examined from the perspective of the individual and social context in which adjustment occurs. Additional Prerequisite(s 302 294 310. Introduction to Addictions (3). Students will be provided with an overview of different constructs for understanding addiction. Students will be challenged to strengthen their understanding of addiction by looking at how individuals with addiction related disorders view their addiction and by exploring how those working in the field of addiction treatment have come to view it. In addition, students will come to understand how both theory and research are important in the prevention and treatment of addiction 311. Pharmacology in Addiction (3). Students will be provided an overview of the pharmacological, historical, behavioral, social, legal and clinical implications of drug use, abuse and dependence from a variety of perspectives which will allow them to make decisions that will enhance their own health and well-being, while also having a better understanding of the social and individual problems that arise when others misuse and abuse psychoactive substances. Additional Prerequisite(s 310 312. Treatment Strategies in Addictions (3). This course is designed to give an advanced view of specific, research-based interventions, for specific types of addictions, which can include (but not be limited to): an addiction to sex, alcohol, food, cocaine, marijuana, opiates, amphetamines, all of the above, etc. Additional Prerequisite(s 310 401. Fieldwork in Rehabilitation (3). Students will be supervised in selected agency settings, under the direction of agency staff and university faculty. The supervised experience provides an opportunity for the student to gain direct knowledge of: Casework; Client service provision; Resource development and utilization, and Other professional functions in a public or private human service agency. Students will complete a minimum of 200 hours. Additional Prerequisite(s): Permission of Fieldwork Coordinator 402. Fieldwork in Rehabilitation (3). Students will be supervised in selected agency settings, under the direction of agency staff and university faculty. The supervised experience provides an opportunity for the student to gain direct knowledge of: Casework; Client service provision; Resource development and utilization, and Other professional functions in a public or private human service agency. Students will complete a minimum of 200 hours. Additional Prerequisite(s 401 405. Group Process (3). Students will be provided with an overview of how the \u201cgroup process\u201d works, the different stages of the group process, how a group leader facilitates that process and the importance of self-reflection and the willingness to work on one\u2019s own life issues in order to be a competent group facilitator. In addition the student will take part is several groups made up of other students from their class and will learn about different types of groups, how and why they form, and to what end (what good do they do?). Additional Prerequisite(s 304 406. Seminar in Rehabilitation (3). The study of a specialized topic not offered in the usual curriculum. Topics focus on contemporary topics, issues, and practices in rehabilitation, health sciences, and human services, as selected by program faculty and/or guest faculty. Topics vary (sign language, introduction to expressive arts, adaptive environments, Disability and the Movies, qualitative research & creative writing, etc.) Prerequisite(s): Additional Prerequisite(s 201 and 310 295 131, 132 (3,3). World History introduces students to the development of social thought and social organization from prehistory through the present and provides opportunity to develop basic skills useful to the pursuit of a bachelor\u2019s degree. Emphasis is placed on connections between the past, the present and projections for the future and on recall, logical reasoning, writing and public speaking. Honors sections of this course are offered each semester for students enrolled in the Honors Program 251, 252 (3,3 basic course in American history that covers the period from the discovery of America to the present. Economic, social and cultural developments are emphasized; and attention is given to such areas as the Civil War, Reconstruction, growth and development of American economic institutions, emergence of big business and the role of the United States as a world power 303 (3 survey of historical developments in the Middle East and the Mediterranean regions from prehistoric origins through the emergence of civilization to the rise and decline of classical Greek and Roman societies 319 1945 (3 survey of Africa\u2019s formative era, starting with migrations and settlements, contacts with the Arab/Muslim world, the arrival of Europeans, and the colonial period until the Manchester Pan-African Congress in 1945. Although northern Africa, from western Sahara and Morocco to Egypt, are discussed, the course\u2019s emphasis is on the evolution of Sub-Saharan Africa 321, 322 (3,3 study of the English people through a survey of political, economic, social and religious development from early times to the present 330 (3 study of the political, social and economic evolution of colonial and independent Latin American states and their efforts to achieve political stability, economic strength and cultural progress 350 1877 (3 study of the essential facts in the history of black Americans from their African beginnings through the era of Reconstruction 360 (3 survey of the cultural, political, and intellectual history of Europe from the fall of Rome in 410 A.D. to the Renaissance in the fourteenth century 400 (3 course in how to study, research and write history 402 (3 study of ante-bellum slavery and the efforts to eradicate it, concentrating on the nature of slavery in the period before the Civil War, slave culture, slave resistance, and the role of abolitionists and antislavery societies in the movement to destroy the system of human bondage in the United States 404 (3). An examination of the Modern Civil Rights Movement and the effort by black militants to intensify and refocus it, with emphasis on conditions giving rise to these periods, the ideologies upon which the eras under study were based, important leaders, organizations, and events of the time. 296 415 (3 study of the political, economic and social impact of the Renaissance and Reformation on Europe and the world 419 1815 (3 study of the political, social and cultural development of Europe since the fall of Napoleon; the rise of totalitarianism and world political upheavals that led to first and second World Wars 425 HISTORY: 1917 1991 (3 study of the evolution of the Union of Soviet Socialist Republics (U.S.S.R.) from its origin in the 1917 Bolshevik Revolution to the disintegration of the Communist Party and the Soviet Union 450 (3 study of blacks in the period since the end of Reconstruction to the present, with special emphasis on their search for identity and recognition 452 (3). This course covers events in American history from 1492 to 1789, with special emphasis on the American Indian, exploration and settlement, European colonization, slavery, colonial wars and the Revolutionary War 460 (3 study of the events leading to the outbreak of the Civil War; the presidency of Abraham Lincoln, secession and war; prosecution of the war; and Reconstruction 470 1945 (3). An intensive examination of the years 1900 to 1945, emphasizing the interplay of political, social, economic, diplomatic, and military forces in the development of modern America 471 1945 (3). An intensive examination of the United States as a leading world power after World War to the present 480 (3 survey of the economic development of the United States from the adoption of the Constitution in 1788 to the present. It places emphasis on the impact of economic factors on the development of America 485 (3). Academically supervised field practicum for seniors and advanced juniors in good academic standing 490 (3 survey of the geography and resources and the treatment of the Indians, their wars and their removal from the state; the settlements of Spain, France and England; the coming of the early settlers; pre-Civil War and Reconstruction days; and modern growth and development of the South. 297 101, 102 (3,3). An integrated, cross-cultural study of history, religion, philosophy, art, music and literature as these reflect and perpetuate cultural values and reveal the many ways through which human beings seek spiritual identity, individual expression and personal freedom. Prerequisites 131 132 or 140 141; reading requirement. Prerequisite 240 314 (1 laboratory course concerned with learning and applying the rules of pronunciation using basic Italian and German song literature 315 (1 laboratory course concerned with learning and applying the rules of pronunciation using basic French song literature 320 (3). This course examines major currents in the history of Western music from the Hellenic age through the time of Bach and Handel. Cultural, intellectual and social conditions of the period are explored. Emphasis will be given to developing critical listening skills. Prerequisite 231 321 (3). This course examines major currents in the history of Western music from the Classical period to the present. Cultural, intellectual and social conditions will be explored. Emphasis will be given to development of critical listening skills. Prerequisite 232 323 (1 course designed to provide practical techniques associated with vocal and instrumental accompanying from various style periods 331. 18TH (3). Concentration on two- and three-part writing, simple canon and inventions; survey of other 18th century contrapuntal techniques, species counterpoint and motet writing. Prerequisite 232 or consent of instructor 334 (2 comprehensive study of the origins and stylistic development of jazz. Open to music and nonmusic majors 341 (2). Methods and materials relating to the teaching of jazz and rehearsal techniques for jazz ensembles 241 410 (1). The study of piano literature from the Baroque through the Classical period 411 (1). The study of piano literature from the Romantic period through the 20th century 418 (2 study of ancient and modern hymns and their application in various liturgical situations. 298 420 (3). An examination of the range and musical characteristics of all instruments and the scoring for small instrumental ensembles. Prerequisite 232 or consent of instructor 425 1600 (2). This course is designed to acquaint the student with musical developments in Western Europe from the beginning of the Christian Era to 1600. Prerequisite 321 or permission of instructor 431 (3 comprehensive survey of forms in music. Harmonic, structural and stylistic analysis will be the focus. Some attention is given to 20th century compositional techniques. Prerequisite 232 or consent of instructor 446 (3). Introduction to the basic craft of composing. Idiomatic writing for voice, piano and instrumental ensembles will be studied. Prerequisite 477 or 478 471 (1 practical survey of the interpretation and performance practices of keyboard music 100 (1 required course for all undergraduates. This course is designed to provide an orientation to the purpose of higher education in general and to Alabama State University in particular. It helps new students adjust to college life and begin their university experience with a clear sense of direction and increased self-confidence. Other valuable topics in the course include diversity in the workplace and in the world; managing time and money wisely, thinking critically and writing analytically. This course meets for two contact hours. Honors sections of this course are offered each semester for students enrolled in the Honors Program 130 (3 laboratory course to improve study skills, with emphasis on motivation and goal orientation, scheduling, listening, note taking, outlining, test taking, reading in content areas, critical thinking and analysis. This course is mandatory for students returning from academic suspension or dismissal and for students placed on probation. Other students may be required to enroll in the course based upon the recommendation of their academic advisers 100 (1). Designed to develop the psychomotor, cognitive and affective skills and attitudes for performance in jogging for fitness. Each student is placed on an individual jogging and conditioning program designed to start the student at his or her present level of fitness and progress to a self-set goal 101 (1). Designed to develop the basic psychomotor skills for beginning-level performance in archery. Rules and regulations, safety, terminology and the social benefits of the activity are covered in the course. 299 102 (1). Designed to develop basic psychomotor skills for beginning- level performance in badminton. Rules and regulations, safety, terminology and the social benefits of playing the game are covered in the course 103 (1). Designed to develop basic psychomotor skills for beginning-level performance in basketball. Rules and regulations, safety, terminology and the social benefits of playing the game are covered in the course 105 (1). Designed to develop the basic physical and psychomotor skills of movement to music for cardiovascular and endurance benefits. Key concepts in fitness are covered and practical tools to create personal exercise programs are provided 114 (1). Designed to develop basic psychomotor skills for beginning-level performance in golf. Rules and regulations, safety, terminology and the social benefits of playing the game are covered in the course 120 (1). Designed to develop basic psychomotor skills for beginning-level performance in softball. Rules and regulations, safety, terminology and the social benefits of playing the game are covered in the course 121 (1). Designed to develop and refine fundamental psychomotor skills for beginning-level performance in swimming and an understanding of the rules and regulations necessary for safe participation in swimming activities 122 (1). Designed to develop basic psychomotor skills for beginning-level performance in tennis. Rules and regulations, safety, terminology and the social benefits of playing the game are covered in the course 125 (1). Designed to develop basic psychomotor skills for beginning-level performance in volleyball. Rules and regulations, safety, terminology and the social benefits of playing the game are covered in the course 130 (1). Designed to develop psychomotor skills for strengthening and building the total body condition (muscular, cardiovascular, cardiopulmonary) through the performance of various weight-lifting exercises 200 (3). Designed to promote overall wellness of the individual by providing essential concepts regarding nutritional needs, cardiovascular fitness, positive personal growth and effective stress management. Clinical field experience required 221 (1 course designed for the student who has the ability to swim and manage himself or herself in the water. Emphasis is placed on stroke development, personal survival skills and water safety. Prerequisite 121 or consent of the instructor 230 (1). Designed to develop and refine psychomotor skills for intermediate-level performance in soccer, 300 touch football, field hockey and track and field as well as intense study of the rules, scoring, safety and equipment used for these activities. Candidates prepare lesson plans, analyze and teach skills. Lab hours required 232 (1 course designed to develop and refine psychomotor skills for intermediate-level performance in basketball, volleyball, softball and wrestling. Emphasis is also placed on rules, scoring, safety and equipment. Candidates prepare lesson plans, analyze and teach skills. Lab hours required 233 (1). Designed to develop and refine psychomotor skills for intermediate-level performance in tennis, badminton, racquetball and weight training as well as study of the rules, scoring, safety and equipment used for these activities. Candidates prepare lesson plans, analyze and teach skills. Lab hours required 234 (1). Designed to develop and refine psychomotor skills for intermediate-level performance in archery, bowling, golf and recreational games as well as an intense study of the rules, scoring, safety and equipment used for these activities. Candidates prepare lesson plans, analyze and teach skills. Lab hours required 237 (1). The purpose of this course is to acquaint the undergraduate physical education major with the basic forms of dance and gymnastics. The course is designed to cover a broad spectrum of dance forms, including folk and ethnic dance, social dance, modern dance and ballet dance and to develop the basic psychomotor skills required for gymnastic tumbling, floor exercise and apparatus. Candidates prepare lesson plans, analyze and teach skills 250 (4). This course is designed to provide a basic understanding and a working knowledge of the human body for health, physical education and recreation majors lab is required. Prerequisite 128 253 (3). Designed to prepare the teacher candidates and others to provide immediate and temporary care in emergency situations, including accidents or sudden illnesses. The symptoms and appropriate treatment for shock, wounds, heat and cold injuries, poisoning and proper methods of transportation are covered. The course is applicable to all students, especially those pursuing a career in which they will be responsible for others entrusted to their supervision and care. Satisfactory completion of the course entitles students to an American Red Cross Certificate. Open to all students 303 (3). Designed to develop knowledge of working with special populations. Emphasis is on the nature of handicapping conditions, legislation affecting general and physical education, appropriate pedagogical techniques and skills, and program development and assessment. Clinical Field Experience required 321 (2). Designed to develop and refine the following: (1) personal safety and rescue skills, (2) reaching and equipment rescues, (3) swimming skills for life saving, (4) defenses, releases and escapes, (5) removing victim from water, (6) resuscitation, (7) approaches, (8) carries, and (9) small craft safety. Cognitive- safety 301 rules, CPR, artificial respiration and emergency first aid are also covered. Prerequisites 121 and 221 or permission of instructor 325 (3). This course is designed to provide training and practical experience in sports officiating and coaching. The course is based on theories and practices pertaining to athletic management in coaching and on the Alabama Athletic Association rules for officiating. Lab hours required 331 (2). Designed to develop and refine basic swim and rescue strokes, search and rescue techniques, and respiration emergency procedures. Prerequisite 221 or permission of instructor 337 (3). Designed to provide the teacher candidate with interdisciplinary skills necessary to organize, conduct and evaluate developmentally appropriate physical education programs for the elementary school level. Emphasis is on curriculum design and pedagogical strategies. Clinical Field Experience and Service Learning required. Prerequisite: admission to 339 (3). Designed as an introduction to the fields of Physical Education. The historical development, basic foundations, scope, trends and issues relative to Physical Education are addressed. Prerequisites 100 100 level activity class(es 347 (3). Designed as an introduction to the fields of Physical Education. The historical development, basic foundations, scope, trends and issues relative to Physical Education are addressed 350 (3). Designed to provide an understanding of the physiological effects of exercise on the various body systems, with particular emphasis on the musculoskeletal, cardiomuscular and respiratory systems, and laboratory techniques in monitoring physiological parameters. Prerequisites 128 250, and 351 351 (3). Designed to provide an understanding of the anatomical and mechanical aspects of human movement while participating in physical activities. Prerequisites 128 and 250 353 (3). An introduction to the realm of sports medicine by integrating techniques of training preparation for sport, and injury aspects of sport competition. Lab experiences are provided in taping and injury treatment protocol. Prerequisites 350 and 351 355 (3). Designed to examine changes that occur with aging, the effects of an active lifestyle on aging, and techniques for meeting the psychomotor needs of the aging. Clinical Field Experience and Service Learning required 360. Coaching Principles (3 course designed to provide a comprehensive guide to every aspect of coaching. The course details the principles, knowledge, and skills that help coaches build a foundation for their decision making. 302 361. Coaching Football and Golf (3 course designed exclusively to help coaches gain a solid understanding of teaching sport skills and evaluating technical and tactical skills, teaching technical skills (offensive and defensive), teaching tactical skills (offensive and defensive), planning for teaching (season plans and practice plans) and game coaching (before, during, and after the game). Prerequisites 360 230 234 363. Coaching Tennis and Soccer (3 course designed exclusively to help coaches gain a solid understanding of teaching sport skills and evaluating technical and tactical skills, teaching technical skills (offensive and defensive), teaching tactical skills (offensive and defensive), planning for teaching (season plans and practice plans) and game coaching (before, during, and after the game). Prerequisites 360 230 233 365. Coaching Basketball and Volleyball (3 course designed exclusively to help coaches gain a solid understanding of teaching sport skills and evaluating technical and tactical skills, teaching technical skills (offensive and defensive), teaching tactical skills (offensive and defensive), planning for teaching (season plans and practice plans) and game coaching (before, during, and after the game). Prerequisites 360 232 367. Coaching Baseball and Softball (3 course designed exclusively to help coaches gain a solid understanding of teaching sport skills and evaluating technical and tactical skills, teaching technical skills (offensive and defensive), teaching tactical skills (offensive and defensive), planning for teaching (season plans and practice plans) and game coaching (before, during, and after the game). Prerequisites 360 and 232 369. Coaching Track and Field and Swimming (3 course designed exclusively to help coaches gain a solid understanding of teaching sport skills and evaluating technical and tactical skills, teaching technical skills, teaching tactical skills, planning for teaching (season plans and practice plans) and competitive coaching (before, during, and after the competition 360 230 221 443 (3). Designed to provide the teacher candidate with the skills necessary to organize, conduct and evaluate appropriate physical education programs for the secondary school level. Emphasis is on curriculum design and pedagogical strategies. Clinical Field Experience and Service Learning required. Prerequisites: admission to and 337 445 (3 course designed to provide training in measurement and evaluation of students, courses and programs. Emphasis is placed on collection, organization and analysis of data and on construction and analysis of standardized and teacher-made tests. Prerequisite: admission to 447 (3). Designed to introduce the principles of planning, organizing, directing, staffing, budgeting and evaluating elementary and secondary school physical education and athletic programs. 303 451 (3). This course is designed to provide the teacher candidate with an understanding of the discipline of psychology and sociology as applied to sport and physical activity. Clinical Field Experience and Service Learning required 456 (3). This course is designed to introduce the basic concepts of motor learning and motor development from a lifespan approach. The physiological, cognitive, social and physical aspects of motor learning and development are addressed in the course. Clinical Field Experience required 460 (2). The purpose of this course is to provide the teacher candidate with an opportunity to mutually discuss professional issues, conduct and present research and other projects, and participate in a wide variety of professional activities. Prerequisites: admission to TEP, advanced senior standing. Clinical Field Experience and Service Learning required 201 (3). This course is designed to help students assess information and arguments and to improve their ability to reason cogently and effectively by learning to recognize when reasoning is logical or illogical. The course concentrates specifically on such things as learning to evaluate the various uses of language, understanding how different kinds of inferences are drawn, and learning how to recognize and to avoid ambiguity. (No symbolic logic is introduced.) (every semester 363 (3). Introduces the fundamentals of philosophy, the meaning and function of philosophy, and the relationship of philosophy to science, art and religion. (fall semester 364 (3). Consideration of the major types of ethical theory, including the works of both classical and contemporary thinkers. Special emphasis is given to the analysis of moral problems and the criteria that can be used for solving them. (spring semester 365 (3 general introductory course in logic that emphasizes developing the ability to think and communicate clearly. The course includes an introduction to the nature and methods of inductive and deductive logic; informal fallacies/ uses of language. Prerequisite 201. (alternate years 463 (3). This course explores some of the major theories that have been offered with reference to the nature and existence of God; death and immortality; the concept of free will; faith and reason; and the place of religion in the total world view. (as needed 464 (3 study of the history of ancient and medieval philosophy, with emphasis on the contributions of Plato, Aristotle, the Stoics, Augustine and Aquinas. Prerequisite 363 or 364. (as needed) 304 465 (3). This course is a study of the contributions to the field of philosophy from the Renaissance to the present. Emphasis includes the contributions of philosophers such as Bacon, Hobbes, Spinoza, Descartes, Locke, Hume, Kant, Marx, Mill, Dewey, Whitehead, Russell, Nietzsche and Sartre. Prerequisite 363 or 364. (as needed 101 (4 descriptive, nonmathematical course concerning the behavior of the solar system, the earth, moon, planets, satellites, minor planets, meteors and comets; the physical and chemical characteristics of stars and stellar systems; and the size, shape and structure of the universe 102 (4). This course is designed to give the prospective and active teacher an elementary, modern view of concepts, applications and processes of earth science. The course is further designed to acquaint the learner with the newer theories and materials that have been introduced in earth science in recent years. The content of this course gives students a working knowledge of the chemical and physical makeup of the earth, which will also include minerals, rocks, topography, crust structure and atmosphere 103 (4). This is a descriptive course designed to acquaint students with problems of energy and energy conservation. The course is further designed to give both prospective and in-service teachers a fundamental working knowledge of the ecosystem as related to the interactions of man, energy and specific aspects of the environment 231 (4 survey of fundamental principles of physics for non-science majors, with emphasis on applications to the physics of familiar objects and events. Atmospheric and astronomical phenomena are discussed. Lecture and laboratory 232 (4 survey of fundamental principles of chemistry, with emphasis on applications to consumer concerns and environmental problems. Lecture and laboratory 206, 207 (4,4). Development of the fundamental principles of mechanics, heat and sound. Fundamental principles of light, electricity and magnetism and modern physics are developed. Prerequisite 165. Three lectures and one lab period 210, 211 (4,4). Fundamental principles of mechanics, heat, wave motion, sound, optics, electricity and magnetism and modern physics are developed using calculus where a number of topics are discussed in depth. For students in physics, mathematics, chemistry and basic engineering. Prerequisites 265 and 266. Three lectures and one lab period 308, 309 (3,3). Topics in modern physics are discussed rigorously. These include atoms, atomic radiation, solids, nuclear physics, relativity, wave mechanics and elementary particles. Prerequisites 211 and 266. 305 310, 311 (3,3). Introduction to basic laws of electromagnetism from circuit analysis to Maxwell\u2019s equations and electromagnetic propagation. Prerequisites 211 and 375 312 (3). Topics in geometrical and physical optics comprising wave motion, refraction, dispersion, origin of spectra, interference, diffraction and polarization, and related topics are discussed. Prerequisites 211 and 375 401, 402 (3,3). Comprehensive formulation of the principles of mechanics, statics and dynamics of particles and systems of particles are discussed. Oscillatory phenomena, moving coordinates, partial differential equations, calculus of variations, Lagrange\u2019s equations and Hamilton\u2019s principle are also emphasized. Stress is also placed on dynamics of rigid bodies. Prerequisites 211 and 375 404 (3). Equations of state, a classical approach to the first and second laws of thermodynamics, and Maxwell\u2019s relations and applications are stressed. Entropy, free energy and Gibbs potential, general conditions of equilibrium, applications to reaction in gases and dilute solutions, and Nernst\u2019s postulate are also included. Prerequisites 211 and 375 406, 407 (3,3). Laboratory investigation of topics of modern physics. Requirement: permission of the instructor 499 (1-4). Individual research under the direction of a staff member. Research may involve independent study of selected topics, laboratory work or other projects. Requirements: senior standing and permission of the instructor 207 (3). An examination of the structure, functions and processes of the American system of government. The course reviews and evaluates the historical, political, social, philosophical and religious factors, accounting for the impact of such factors in the American system. Special attention is given to recent modifications and reinterpretations of contemporary phenomena and the effects of these changes on federal and state governments 218 (3). This course provides an analysis of the structures and functions of state and local governments in the United States. Special attention is given to the state of Alabama. The following important concepts and relationships are examined: the powers and relations of the executive, legislative and judicial branches of government; taxing and regulatory provisions; and local governments, home rule and the growth of metropolitan areas 220 (3). Examining the entire gamut of American political parties, this course accounts for the evolution, formal and informal organization, operations, functions, leadership and the roles of American political parties. It also examines the impact of external factors, such as pressure groups, on American political parties. 306 300 (3). The purpose of this course is to introduce students to statistical techniques in political science and other research based disciplines. It offers an analysis of statistical measurements (including the measurement of relationships and descriptive statistics survey of inferential statistics and decision making and the use of computer applications for statistical analysis. Prerequisite 207 308 (3 study of the structure, functions and processes of representative world governments and their political systems. The course also includes an examination of world systems, institutions, ideologies, interest groups, decision-making processes, political conflicts and changes, and group interaction 309 (3). This course reviews the evolution of political science as a distinctive discipline and examines past and present trends in the discipline. The course emphasizes the role of methodology and research techniques in resolving political science research problems. Prerequisite 300 310 (3). An examination of the political processes in developing countries. The problems arising in transition from traditional societies to modern industrial states are examined to describe the typical patterns of political change. Prerequisite 207 311 (3). This course examines the theoretical constructs in explaining foreign policy, the international factors facing the United States and the processes involved in the formulation and execution of American foreign policy. Prerequisite 207 312 (3). An assessment of the position of blacks in the U.S. political system, both historically and contemporarily, with special attention to alternative political strategies in the black struggle for equality 313 (3). An introductory course on the contemporary governments and politics of African states. The course is designed to provide exposure to African historical backgrounds, political cultures, political trends and ideologies 314 (3). An analysis of the international system, with emphasis on factors and processes producing harmony and conflict. Some of the representative topics for discussion include the various approaches and theories in the study of international relations, the study of national power, imperialism, competing objectives of foreign policies, negotiations and disarmament between states 320 (3). This course introduces students to the nature and development of public administration and the basic principles and practices involved in public administration. Further attention is given to the problems of bureaucratic structure and organization, staff and line functions, centralization, reorganization and integration, judicial control and leadership. Prerequisite 207 321 (3). This course examines the forms and trends in public administration, administrative organization and activities, management, 307 legislative and judicial control of administration, public policy, budgeting and finance. Prerequisites 207 and 320 322 (3). This course exposes students to the politics of the policy process. Attention is given to the nature, determinants and effects of public goods and services. Further attention is given to the formulation, implementation and evaluation of public policies 323 (3). This course introduces students to the broad field of planning; defines its functions in national, state and urban governments; and reviews the principles being used 324 (3). This course focuses on the broad issues surrounding personnel matters at the national, state and local levels. As such, public personnel administration is primarily concerned with the area of management collectively known as the public sector. The course directs attention to performance of all managerial functions involved in the maximization of human resources in organizations providing public services 325 (3). This course examines the laws governing the organization; powers and procedures of administrative agencies. Further attention is given to lawmaking and regulatory procedures by the courts and the executive and the legislative branches of government 326 (3). This course provides a general analysis of the activities involved in the collection, custody and expenditure of public revenue, such as the assessment and collection of taxes, public borrowing, debt administration, preparation and enactment of the budget, financial accountability and audit 401 (3 study of Western political theory, with emphasis on the writings of leading political thinkers from ancient times to the middle Renaissance. This course focuses on the development of Greek, Roman, Medieval, Christian and Renaissance political theory 402 (3). An examination of major Western political ideas from the late Renaissance and Reformation periods to the nineteenth century. The course highlights the major theorists in philosophical arguments concerning natural rights, the attainment of power and the impact of science on society 403 (3). This course is designed to provide students with an understanding of the political ideologies and theories that have developed since the 18th century. Special attention is given to theories such as socialism, communism, fascism and democracy 404 (3). This course examines and analyzes the elements of the American legal system. It specifically focuses on the nature of law, common law and statutory law; law and morals; and regulatory legislation, law enforcement, administrative law and legal reform. 308 407 (3 survey of American constitutional law concerned with concepts of judicial review, federalism, separation of powers, commerce powers and the powers of Congress and the president. Prerequisites 207 and 218 408 (3 survey of American constitutional law concerned with constitutional guarantees of individual rights and liberties, including due process, equal protection of the law and freedom of expression and religion. Prerequisites 207 and 218 410 (3). This course addresses issues facing contemporary urban government: welfare, transportation, health, education, police protection, zoning, city-manager movement, city-county consolidation, metropolitan areas, city-state and city- federal regulations 420 (3). The nature, scope, sources and sanctions of inter- national law are discussed in this course. Special attention is given to the rights and duties of states and individuals in the international community 430 (3). An in-depth examination (philosophical, behavioral and theoretical) of a designated topic. Along with more traditional topics such as the Executive, Legislative and Judiciary branches of government; some of the proposed topics for semester seminars will include Middle Eastern Politics, Terrorism and Homeland Security, Political Geography and Political Economics 480 (1-3). Academically supervised field practicum for seniors and advanced juniors in good academic standing 200 Careers in Psychology (3) This course will provide students with an overview of the discipline of psychology, including expectations for the psychology major, career options for students completing a bachelor degree in psychology, and career options for students who pursue a graduate degree in psychology 250 Environmental Psychology (3) Environmental psychology is the scientific study of human-environment interactions, i.e., how people influence the physical environment (whether natural or man'...made), and how such environments influence thought, emotion, and behavior. Topics include: how green spaces affect us, theory and research about the causes and effects of environmental problems, how people affect the natural environment, and strategies for improving environmental conditions through behavior change 251 (3). This course introduces students to the diverse field of psychology, methods of research used and how it contributes to the body of knowledge in psychology, promotion of critical thinking, generation of new ideas, and consideration of alternate explanations when evaluating information. Prerequisite to all further courses in psychology. 309 302 (3). Application of statistics to behavioral and social sciences. Prerequisite 251 306 (3). This course teaches the computation and interpretation of commonly used data analysis procedures in the behavioral sciences. Acquiring competence in computer-based statistical software programs is emphasized. Prerequisite 251 352 (3). The course covers personality theories of historical significance as well as currently accepted theories of personality. Minority and female personality theorists are also included. Prerequisite 251 353 (3). This course introduces students to the symptoms, etiology and treatment of various psychopathologies. Prerequisite 251 355 (3). This course presents information on the structure and functioning of all sensory modalities with emphasis on the visual system 360 (3). This course introduces students to the nature of physiological, social, cognitive and psychological change across the life span. Emphasis is placed on childhood, adolescence and early adulthood. Prerequisite 251 365. Learning and Behavior (3). This course focuses on the development and maintenance of operant and classically conditioned behavior. Classic animal research and current applications are used to explain a variety of theoretical learning concepts 370. Clinical Psychology (3). This course focuses on (a) fundamental principles of clinical psychology; (b) application of these principles to the development of evidence-based assessments and treatments of clinical conditions and associated behaviors; and (c) application of evidence-based assessments and treatments to the evaluation, understanding, and amelioration of clinical conditions evaluated and treated in therapeutic settings. Prerequisite 251 371 (3). The central focus of this course is on how the individual tends to respond to social stimuli. Within this context, the course investigates the scientific discipline of social psychology that attempts to understand how the thoughts, beliefs and behavior of individuals are influenced by the presence of others 372 (3). This course traces the history of psychology, beginning with the early Greeks through the development of modern psychology. Prerequisite 251 373 Human Factors Psychology (3) This course is designed to provide the student with an overview of the field of human factors psychology. Human Factors Psychology studies the interaction of humans and systems with the goal of improving ease of interaction, safety, and efficiency 374. Biological Bases of Behavior (3). This course is concerned with the neurological and genetic foundations of behavior. The course includes an overview of the anatomy and physiology of the central and peripheral nervous systems as well as other physiological systems in the 310 human body. The course includes a review of experimental methods utilized in neuroscience as well as current research in the field. Students also study the effects of drug interactions and their effects on behavior. Prerequisite 251 375 (3). This course is an introduction to psychological issues in developmental disabilities with a primary focus on mental retardation and autism. Topics include history, definitions, assessment, biological and psychosocial causes, prevention and intervention, treatment, rights and legal issues, and psychopharmacology 376. Industrial/Organizational Psychology (3). This course applies principles of behavior to problems and situations that are common in work organizations. Emphasis is given to staff management in institutions for the mentally retarded and in industrial settings 379 Psychology of Religion (3) Introduction to the major issues, theories and empirical approaches to the psychology of religion through critical analysis of both classic and modem texts. The course illuminates the role of religion as a powerful meaning system that can affect the lives of individuals in terms of their beliefs, motivations, emotions and behaviors, and can influence their interactions on both interpersonal and intergroup levels 424 (3). The purpose of this course is to familiarize students with the growing literature on gender differences in psychological issues such as communication, social behavior, cognitive functioning, emotional development, etc. Prerequisite 251 425 (3). This course presents information about the physiological development, structure and functioning of the human reproduction system, sexual disorders and treatments, sexually transmitted diseases and methods of contraception. Prerequisites 251 453 426: Gerontological Psychology (3) This course provides an overview of the current theories, themes and issues of adult development and aging. Prerequisite 251 427 (3). This course surveys topics in cognitive psychology including perception, memory, attention, knowledge representation, language and concepts, imagery, problem-solving, reasoning and decision making and cognitive development. Prerequisite 251 428 (3). This course is an introduction to the field of cross-cultural psychology and provides the student with an in-depth examination of how culture and ethnicity influence human behavior and thought. Prerequisite 251 429 Preparation for Graduate School in Psychology (3) This course will provide students with the knowledge and skills required for successful application to graduate school in psychology. Students will review the content areas including writing, learn to identify and evaluate graduate programs, and prepare the necessary documents for graduate school applications 311 430 (3). This course is concerned with the various techniques used in the field of behavior analysis. The objective of this course is to familiarize the student with the techniques and theories of behavior modification and how to effectively implement a behavior change program. Prerequisite 251 453 (3). This course presents information on methodological issues in psychology, including descriptive research, relational research, between-subject and within- subject experimentation, and factorial designs. Additionally, students will learn to design, conduct and analyze research. Prerequisites 251, senior standing 460 (3). This course is designed to be a first- hand learning experience in a laboratory setting or in a field placement under the close supervision of a faculty member 120 (3 reading improvement course designed to diagnose and prescribe effective instruction and experiences for students whose reading test performance indicates critical weaknesses in reading skills necessary for success in academic and personal endeavors. Non-degree credit 130 (3 reading improvement course designed to provide guided practice to develop appropriate reading skills. Emphasis is placed on advanced word recognition skills and comprehension skills. The course provides highly individualized study prescribed by the instructor. Non-degree credit 132 (3 reading improvement course designed to develop efficient reading skills. Emphasis is on vocabulary development, comprehension skills and reading rate. The materials utilized have a more advanced reading ability. Non-degree credit 133 (3). This course will focus on helping students develop the fundamental skills necessary for becoming critical, analytical, and more reflective thinkers, readers, and writers. It will also provide a systematic instructional approach for improving textbook reading, as well as preparation for Praxis and other standardized examinations 373 (3). An introductory study of the fundamentals in the teaching of reading. Emphasis is placed on detailed examination of content skills, techniques and materials for the teaching of reading in grades N-3 374 (3). This course is designed to present approaches, methodology and materials necessary to teach reading in grades 4-6. Attention is directed to specific method frameworks instrumental in the teaching of reading. Prerequisite 373. 312 478 (3). This is a course designed to develop competence in teaching the reading/study skills in various subject areas. The materials and techniques emphasized in the course address the secondary school setting 201 (1 fieldwork experience that provides students initial exposure to a professional recreation management program, culminating in 50 clock hours of observation and limited participation in ongoing programming at a recreation facility. The student is supervised by a recreation professional and closely observes the assessment, development, implementation and evaluation of recreation programs 300 (3). The study, analysis and application of Recreational Therapy (RT) concepts, processes, terminology, techniques and issues as they relate to the delivery of services. Historical and philosophical aspects of are also explored. Additionally, students are exposed to the variegated populations professionals work with, which include, but are not limited to, the following diagnostic groupings: cognitive, physical, sensory and communication, emotional, social and addictions 301 (3). The study, analysis and application of recreational therapy (RT) concepts, processes, techniques and program development. Prerequisite 300 302 (1 laboratory experience that builds on the student\u2019s previous experience. The student is supervised by a recreation professional and participates in the assessment, planning, implementation and evaluation of recreation programs 50-clock-hour laboratory experience is required. Prerequisite 201 303 (1 fieldwork experience that provides students initial exposure to a professional recreational therapy program, culminating in 50 clock hours of observation and limited participation in ongoing programming. The student is supervised by a recreational therapy professional and closely observes the assessment, planning, implementation and evaluation of recreational therapy interventions 304 (1 laboratory experience that builds on the student\u2019s previous experience. The student is supervised by a recreational therapy professional and participates in the assessment, planning, implementation and evaluation of recreational therapy programs 50-clock-hour laboratory experience is required. Prerequisite 303 336 (3). An exploration and analysis of program planning issues and practices. This course provides a thorough and comprehensive focus on program planning in a logical and systematic manner 345 (3). An intensive study and discussion of the field of recreation and leisure. Perspectives explored include those of the individual as a consumer and of public and private agencies as providers of leisure services. 313 Course work includes philosophy, history, theory and a survey of public and private leisure service organizations 347 (3). The study, analysis and application of leadership theory, styles and techniques as they relate to the delivery of recreation services 401 (3). An intensive study and discussion of contemporary issues and trends in recreational therapy 447 (3).An exploration and analysis of management issues, concepts and practices that impact public, private and quasi- public recreation services. Topics include personnel management, legal liability, risk management, finance and budgeting, problem solving, public relations, record keeping, marketing, motivation, communication and staff development. Prerequisite 300 448 (3 comprehensive study of the provision of recreational therapy services for individuals with disabilities and/or special needs. These populations include, but are not limited to, the aging, the visually impaired, individuals with developmental disabilities, psychological and behavioral disorders. An on-site observation experience of 10 clock hours is required 451 (12 professional internship experience in which the student is placed under the supervision of a director of a recreation facility. The student is actively involved in the assessment, planning, implementation and evaluation of recreation management programs. The completion of written assignments is an integral part of the internship. This internship includes the completion of a 500- clock-hour fieldwork experience, to be completed over a period of 15 consecutive weeks. Prerequisites: advanced senior standing, all core courses and approval of the field placement director 452 (12 rigorous, field-based, clinical learning experience completed by senior recreational therapy (RT) majors, under the direct supervision of a full- time certified therapeutic recreation specialist in a clinical, residential or community- based program. The student is actively involved in the assessment, planning, implementation and evaluation of individual and group programs. The structure and content of the internship are based on the therapeutic recreation process, as defined by the 2013 National Council for Therapeutic Recreation Certification (NCTRC) Job Analysis: Job Tasks, and exceed minimum field placement standards. This clinical field placement experience requires the completion of 600 or more clock hours, to be completed in a minimum of 15 consecutive weeks. Written requirements submitted regularly to the university during the internship are an integral part of the fieldwork experience. Upon completion of the internship, students may submit certification applications to NCTRC. Prerequisites: advanced senior standing, completion of all core courses, and approval of the field placement director 453 (3). An intensive study and discussion of contemporary issues and trends in recreation management. 314 200 (2). Historical and literary study of the Old Testament 201 (2). Historical and literary study of the New Testament 202 (2 survey of the history of the church from its beginning to contemporary times. Attention will be given to major movements and personalities 300 (3). An introductory survey of the major religious groups in America, with emphasis on their historical development, distinctive beliefs, institutions and practices 361 (3 systematic study and analysis of the origin and development of the world\u2019s major religious traditions, including Confucianism, Hinduism, Buddhism, Judaism, Christianity and Islamism 400 (3 study of contemporary religious thinkers; emphasis is directed toward an attempt to discover what contemporary thinkers are saying about religion and the problems of modern life 463 (3). History and development of the African-American church in America as a formative element in the African-American experience. Emphasis also focuses on the role and significance of the church in the African-American community and recent interest in African-American theology in relation to contemporary issues facing African-Americans in American society K-6; 6-12; K-6 and 6-12 170 (3). This course focuses on the understanding of disabilities as part of diversity in the context of schooling. The IDEA- defined categories of disabling conditions will be discussed and understood in the context of diversity that may include race, gender, SES, culture, linguistics, learning styles and philosophies. Important aspects of special education such as assessment and instructional procedures, referral procedures, application of legislation and litigation, characteristics and needs of children with disabilities of varying types and degrees, family-focused involvement, allocation of human and nonhuman resources and services, practices of collaboration and integration, and professional conducts and ethics will be discussed in the larger context of schooling with nondisabled counterparts. The knowledge and experience gained from this course will enable students to make informed decisions on disability-related issues. Visitations and observations are required 210 (3). This course focuses on the provisions of federal and state legislation affecting various aspects of schooling in integrated settings. Students are expected to engage in discussion of a variety of issues identified by court cases to gain insights on how laws can be interpreted and conflicts can be resolved though litigation. Students 315 are expected to demonstrate their ability to make good, rational judgments as to how they should conduct themselves properly and how they approach solving problems created by others in a diverse society. Visitations and observations are required 220 (3). This course focuses on the roles and functions of school teachers as decision makers in understanding and managing students with special health care needs in the context of diversity. Students are introduced to situations in which informed decisions must be made on behalf of their students, in consultation with parents, school personnel, medical personnel and allied health personnel. Visitations and observations are required 270 (3). This course focuses on the techniques of collecting, translating and using assessment data in making instructional decisions in the context of diversity to meet the needs of students with disabilities. Assessment reports and recommendations for instructional interventions need to be completed for review and critique. Students are introduced to a variety of assessment techniques, both formal and informal, as well as a contemporary view of assessment using many aspects of current philosophies, such as authentic assessment, curriculum-based assessment and curriculum-based measurements, and portfolio-based assessment. Lab hours are required 280 (3). This course focuses on understanding and managing students with disturbing behaviors of varying types and degrees in the context of diversity to increase their level of participation for learning. Given disturbing situations, students are expected to make good, rational decisions to restore the situations to normalcy for constructive teaching and learning. Lab hours are required 320 (3). This course focuses on understanding and managing students with mild cognitive disabilities of varying types and degrees in the context of diversity to increase their level of participation for learning. Programs and issues involved in the delivery of services inside and outside of school settings will also be discussed. Students are expected to develop an ability to make good, rational decisions with regard to planning, implementation and evaluating programs and services in integrated settings 325 (3). This course will focus on understanding and managing students with severe cognitive disabilities of varying types and degrees in the context of diversity to increase their level of participation for learning. Programs and issues involved in the delivery of services inside and outside of school settings are also discussed. Students are expected to develop an ability to make good, rational decisions with regard to planning, implementation and evaluating programs and services in integrated settings 350 (3). This course focuses on programs and issues involved in career tech services for students with disabilities inside and outside of school settings. Students are expected to develop an ability to make good, rational decisions with regard to planning, implementation and evaluating career tech programs and services in integrating settings 370 (3). This course focuses on programs, instructional techniques, techniques of modifications, resources, and issues involved in teaching 316 language and communication skills for students with/without disabilities, K-6, in a diverse society. Students are expected to develop an ability to make good, rational decisions with regard to planning, implementation and evaluating programs and services in integrated settings 403 (3). Research-proven instructional strategies, effective and efficient use of human and nonhuman resources, program development and implementation, and monitoring for possible modifications to meet the instructional needs of individual students with disabilities at the elementary level. Includes multimedia presentation and record- keeping with computer software packages 404 (3). Research-proven instructional strategies, effective and efficient use of human and nonhuman resources, program development and implementation, and monitoring for possible modifications to meet the instructional needs of individual students with disabilities at the secondary level. Includes multimedia presentation and record-keeping with computer software packages 410 (3). This course focuses on programs and issues involved in services for students with sensory and communication disabilities inside and outside of school settings. Students are expected to develop an ability to make good, rational decisions with regard to planning, implementation and evaluating programs and services in integrated settings 430 (3). This course focuses on identification and utilization of high- and low-tech assistive devices, including augmentative devices with or without modifications, programs, and issues involved in delivery of services for students with disabilities inside and outside of school settings. Students are expected to develop an ability to make good, rational decisions with regard to planning, implementation and evaluating programs and services in integrated settings. Lab hours are required 435 (3). This course focuses on the development if IEPs, IFSPs and ITPs 470 SETTINGS, K-6 (12). One semester (16 weeks). During student teaching, students increase their instructional and administrative responsibilities on a gradual basis. Students prepare plans for organizing and managing instruction and complete portfolio, including journals for critique. Prerequisites: Admission to teacher education and completion of coursework. Advisor approval required 475 SETTINGS, 6-12 (12). One semester (16 weeks). During student teaching, students increase their instructional and administrative responsibilities on a gradual basis. Students prepare plans for organizing and managing instruction and complete portfolio, including journals for critique. Prerequisites: Admission to teacher education and completion of coursework. Advisor approval required 480 SETTINGS, K-6 and 6-12(12). One semester (16 weeks). During student teaching, students will increase their instructional and administrative responsibilities on a gradual basis. Students prepare plans for organizing and managing 317 instruction and complete portfolio, including journals for critique. Prerequisites: Admission to teacher education and completion of coursework. Advisor approval required 220 (3). This course is designed to introduce students to the profession of social work, including its historical antecedents, fields of practice, philosophy, values, ethics and purposes. Prerequisites 131-132 or the equivalent 221 (3). This first social work practice course emphasizes the development of skills in speaking, listening and writing within the context of the social work profession. The classroom serves as a laboratory experience for students to develop observational skills, disciplined communication skills and relational skills. Prerequisites 131- 132 or the equivalent. Corequisite 218 230 (3). The purpose of this course is to introduce students to generalist social work practice in health care settings. Students are introduced to a range of health-related client problems and an overview of many social work settings and services in the health arena 322 (3). This sequential course is a study of how biological, psychological, social and cultural dimensions of human behavior impinge upon every stage of the life cycle from infancy through middle-school age. Knowledge is provided for the assessment of individual development and behavior, families, groups, organizations and communities. Social work majors must have gained admittance to the social work department. Prerequisites 127-128 103 131 110 251 220 206. Corequisite 328, or the equivalent 323 (3). The second part of this sequential course includes a study of how biological, psychological, social and cultural dimensions of human behavior impinge upon every stage of the life cycle from adolescence through very old age. Knowledge is provided for the assessment of individual development and behavior, families, groups, organizations and communities. Prerequisite 322 354 (3 survey of concepts, policies and practices in the field of child welfare. This subject is examined in relation to the needs of children and their families, major policies and programs designed for them and the policy issues that emerge for future planning 356 (3). This sequential course provides the opportunity for students to analyze the historical and philosophical development of social welfare and its relationship to the social, political, economic and cultural context in which it has existed. Social work majors must have gained admittance to the social work program. Prerequisites 131. Corequisites 254 218 213. 318 357 (3). Part two of this sequential course assists students in developing skills in social welfare policy, and program analysis, formulation and advocacy. Prerequisite 356 370 (3). This course focuses on the problems of aging that arise out of the interplay between biological, physiological and psychological changes and out of societal inequities, ageism, social demands or neglect, and role changes. Using social work purpose and values as context, direct practices and policy-shaping activities are explored 450 (3). This course provides students with scientific research methods and skills to be both consumers and contributors to the advancement of knowledge. Students apply methods of scientific inquiry to generalist problem-solving and social work evaluation activities. Prerequisites 110 361. Corequisites 465 468 455 (3). This course provides a systems view of the family as a theoretical framework for problem-solving; examines the impact of various factors on the organization and functioning of the family 463 (4). The purpose of this field practicum is to provide social work majors instruction in social service agencies as a means for ensuring professional social work socialization, including internalization of professional values and beginning application of social work knowledge, values and skill. Open to social work majors only. Prerequisites 322 323 356 357 464. Corequisites 466 467 464 (3). This sequential course provides knowledge of the general method of social work and proficiency in using it as a problem- solving framework in social work practice with individuals, families, groups, organizations and communities, using an ecological perspective, social work values and an understanding and appreciation of human diversity. Open to social work majors only. Pre-requisites 220 221 322 356. Corequisites 323 357 465 (4). The purpose of this practicum is to continue the instruction that began in Field Instruction I. Students are expected to apply knowledge, values and skill learned in classes to their work with individuals, families, groups, organizations and communities. Prerequisites 463 467. Corequisites 468 450 466 (3). The second part of this sequential course provides knowledge of the final stages of the general method of social work practice, continuing the utilization of an ecological perspective, social work values and human diversity. Open to social work majors only. Prerequisite 464. Corequisites 463 467 467 (1). This seminar is designed for senior social work majors who are enrolled in Field Instruction I. The seminar links classroom learning and agency experiences, assisting the student in utilizing content learned in class in their problem-solving activities at the agency. Corequisite 463 468 (1). This seminar serves to link class- room learning and agency experiences, assisting the students in utilizing content learned in class in 319 their problem-solving activities at the agency. Prerequisites 463 467. Corequisite 465 110 (3). This course is a general education study for students in all fields. The course introduces students to the discipline of sociology and to basic concepts employed to analyze culture, social structure and change 210 (3). Examines the relationship between humans and the environment, including human abuse of the environment, problems of resource depletion and pollution. Proposed solutions to current environmental problems are examined 213 (3). An analysis of the major sociological perspectives on the nature and development of social problems; the incidence and characteristics of social problems of major public interest; and contribution of sociological knowledge to proposed solutions of selected social problems 220 (1 continuation of Introduction to Sociology 110). This course elaborates on concepts, principles and methods of sociology previously encountered. It focuses on modern social institutions; politics, families, work, education, religion and medicine and health. Social change is explored with a concentration on the mass media, urbanization, the environment, collective behavior and social movements. Prerequisite 110 222 (3). An introduction to computer programming with applications in the social sciences. Attention is given to problem solving in subject-matter areas through the application of computer technology for instructional purposes, statistical analysis and social science research. Laboratory use of a microcomputer is an integral part of the course. This is a required course for sociology majors, and the course is a prerequisite for 361; and 431, 432 313 (3 comprehensive and critical analysis of con- temporary sociological theories, including symbolic interactionism, functionalism, conflict and exchange theories 315 (3 study of the social origins of political ideologies and the relationship among power, authority and participation in political institutions and the social variables of class, caste, ethnicity and race 350 (3 survey of theories of deviant behavior; determinants and consequences of selected forms of deviance, including mental illness, suicide, prostitution, drug use, vice and white-collar crime 355 (3 study of death and dying as they affect humans at all stages of their social development; analysis of reactions during the period of dying and death; and consideration of the major contributing factors to suicidal deaths. 320 361 (3 study of elementary statistical procedures and the application of these procedures in sociological research; frequency distributions, tables and graphs; measures of central tendency and variation; and measures of association. Prerequisites 136 110 and 222 or instructor\u2019s permission 362 (3 comprehensive study of drugs, including historical, medical and legal perspectives. Special emphasis is placed on the effects of intoxication and abuse, the efforts at control of drug use and abuse, and the particular drugs currently being abused in the city, the state and across the nation 371 (3). An examination of human behavior, with emphasis on the development of the social self; attitudes and attitude change; interpersonal relations; small groups; collective behavior 403 (3 survey of sociological perspectives on community; the institutional structure of rural, urban and suburban communities; community leadership patterns, action and change 404 (3). Studying aging with a life cycle approach emphasizing biological, psychological and social changes. Examination of aging theories and myths, family and friend relationships, volunteer activities, retirement and economic status; sexuality, widowhood, chronic illness, social services; housing options and preparation for death 412 (3 survey of theoretical models and case studies of social movements, with particular emphasis on contemporary movements, including those that have succeeded, those that have influenced the larger society and those which that failed 427 (3 comparative analysis of dating, courtship, sexuality, marriage and family forms: singlehood, marriage, dual-career families, divorce, stepfamilies and widowhood. Alternative living arrangements discussed: cohabitation, homosexual relationships and open marriages. Exploration of cultural/racial differences, abusive relationships and aging families 430 (3). Sociological perspectives on race and ethnic relations, domestic and global, with emphasis on the nature of and trends in race and ethnic relations in American society 431 (3 study of scientific inquiry as applied in social research, theory construction, research design, data collection techniques and procedures. Prerequisites 110 222 and 329 432 (3). This course focuses on student application of knowledge and skills acquired in Methods of Sociological Research and a study of advanced sampling, measurement, data collection and analysis techniques. Prerequisites 110 222 361 and 431 434 (3). The study of systems of social inequality and the relationship of inequality to power, life-styles and individual behavior. 321 440 (3). Examines the social, economic and political status of women in our own and other societies; ideological assumptions about women; the mutual affects of changing society and changing sex roles 442 (3 comprehensive study of the theoretical explanations of crime causation and its implications for social institutions and criminal justice policies 443 (3 study of the origin, growth and development of cities; major problems of cities; and the impact of urbanization on human behavior and inter- action 444 (3). Nature of juvenile delinquency; incidence of juvenile delinquency; and the role of juvenile courts, law enforcement and other community agencies in the prevention and control of juvenile delinquency 445 (3). Examines major population characteristics, trends and problems in the United States and other major regions of the world; considers population in the context of culture change and the relationship between humans and land 462 (3). Theories of poverty; incidence of poverty; comparative analysis of subgroups in poverty; and comparative analysis of poverty subgroups in American society 463 (3 study of the development, structure and internal processes of organizations; organizational environments and linkages among organizations; survey of current theoretical models of organizations 470 (3). Study of social and psycho- logical influences of illness, including overview of theories, epidemiology and demographics. Exploration into relationships of patients and physicians, nurses and other health professionals. Study of available health alternatives. Current update into environmental effects on individual health, medical costs, preventive health care and national health insurance 480 (1-3). Academically supervised field practicum for seniors and advanced juniors in good academic standing 161, 162 (3,3). Principles of Spanish pronunciation, grammar, conversation and composition. Laboratory practice required 161 is prerequisite for 162. (every semester 261, 262 (3,3). Review of grammar, introduction to selected literary works; aspects of Spanish civilization 261 and 262 are conducted in the target language. Prerequisite 162 or qualifying examination 261 is prerequisite for 262 261 fall 262 as needed). 322 263 (3). An overview of Spanish phonology as a means of enhancing conversation; plus, oral drills, pronunciation, exercises and oral reports. Prerequisite 262. (fall, odd years 264 (3). An analysis of advanced grammatical concepts, detailed work on vocabulary building and writing of themes; concurrent enrollment in a Spanish literature course highly desirable and recommended. Prerequisite 262. (spring, even years 265 (3 study of the artistic and historical heritage and the social and political institutions of peninsular Spain. Taught in Spanish. Prerequisite 262. (odd years 361, 362 (3,3). Intensive study of major Spanish classical authors. Prerequisite 262 or permission of the instructor. (as needed 363 (3). An examination of the more recent literary manifestations in the Spanish language. Prerequisites 262 and 362. (as needed 365 (3). Poetry, prose and drama from Columbian times through Romanticism. Prerequisite 262. (as needed 366 (3). All genres from modernism to the present. Prerequisite 262. (as needed 460 (3 close study of Spain\u2019s greatest literary work. Includes an overview of Cervantes\u2019 life and place as a writer. Required of all majors and minors. Prerequisite 361. (odd years, as needed 461 (3). Drama (Lope de Vega, Calderon and Tirso de Molina) and poetry, with an overview of pastoral and picaresque novels. Prerequisite 361. (as needed 462 (3 study of outstanding Spanish novels of the 19th and 20th centuries. Latin American works included also. Prerequisite 362. (as needed 463 (3 study of selected Spanish plays of the 19th and 20th centuries. Latin American works included also. Prerequisite 363. (as needed 111 (3 survey course examining all elements of theater and its influence on western culture; therefore, allowing students to develop basic critical standards for the understanding and appreciation of dramatic productions. (every semester) 323 119 (3). Designed to develop an appreciation of dance as an art form and to develop beginning-level performance skills in the technique of major dance forms. The historical and cultural significance of dance is emphasized. (fall 213 (3). An introductory course dealing with fundamental hand and machine sewing techniques, costume shop machinery, patterning, draping and drafting. Students participate in the construction of costumes for departmental productions. Includes lab hours for practical application of learning skills. (fall 214 (3). This course is designed to provide experience in the effective application of make-up techniques for the stage. Makeup kit required for course (alternate semesters 215 (2). An introductory course in acting. Particular attention will be given to basic acting and stage techniques. (fall 217 (1). Students are assigned on a rotating basis throughout the year to various crews by the department. Set and stage involves construction, design, set dressing, stage hands, and props management 218 (1). Students are assigned on a rotating basis throughout the year to various crews by the department. Lighting and sound emphasizes using the light board, hanging and focusing, spot light operation, working light crew and designing sound and/or lights for productions 219 (3). Designed to further develop the appreciation of dance as an art form and to develop intermediate-level performance skills in the technique of major dance forms. Individual and group choreography is developed and performed in class demonstrations for small audiences. Prerequisite 119. (spring 220 (1). Students are assigned on a rotating basis throughout the year to various crews by the department. Performance series focuses on audition pieces, morgues, and duo acting scenes 221 (3). Course is designed to acquaint the student with the fundamentals of stage lighting and to equip the student with basic skills and knowledge needed to work on a lighting crew. For practical experience, the student will work as a lighting crewmember in the hanging of an actual production and a series of projects. The class will also be devoted to the creation and execution of sound effects while learning the operations of the university\u2019s theater sound system. Prerequisite 250. (fall 222 (1). Students are assigned on a rotating basis throughout the year to various crews by the department. Costume emphasis are centered on organizing crews, costume hanging/strike and building 226 (1). Students are assigned on a rotating basis throughout the year to various crews by the department. Audience development focuses on publicity, marketing, and house management. 324 250 (3). An introductory laboratory to scenery construction and technology. This course explores theory and practice of scenery construction; to include painting and the construction scenery and props 313 (3). This course examines the costume design process. Students will have the opportunity to develop their research, rendering and construction skills as it relates to design. (Includes lab hours for practical application of learning skills.) Prerequisite 213 315 (2 course designed to develop a student\u2019s ability to concentrate and analyze character. Attention is also given to exploring the inner workings of the actor to the role, by examining intention, relationship and environment while working on scenes. Prerequisite 215 or permission of the instructor. (spring 316 (3). This course is designed to improve the student\u2019s use of the voice, and instruct in articulation, pronunciation, and expressive intonation for effective communication and character development. (fall 318 (3 course designed to introduce students to the fundamental techniques of drafting and drawing. Students will become familiar with the mechanical aspects of scenery, the principles of design and the technical requirements of a script needed to fully develop a scenic design. Prerequisite 250. (Alternate 319 (3). In this course students will produce a dance work from conceptualization through choreography, costuming, lighting and sound to final production which will be performed before an audience. Prerequisite 219 (fall 321 (3). Continuation of 221 with emphasis on developing full lighting design packages created from class projects and actual productions. The class focuses on the creation of portfolio quality designs subject for review by theater faculty. Prerequisite 221 (spring 323 (2). This course focuses on helping students to read carefully, think critically, and write analytically about what they have read. It is designed to familiarize students with the history that surrounds and the cultural and intellectual milieu that embraces the theater practices and development from Ancient Egypt to French Classicism. (fall semester 324 (2). This course focuses on helping students to read carefully, think critically, and write analytically about what they have read. It is designed to familiarize students with the history that surrounds and the cultural and intellectual milieu that embraces the theater practices and development from the eighteenth century to the present. Prerequisite 323. (spring semester 328 (3 study of the style and analytical exploration of the author\u2019s intent with special emphasis given to oral interpretation, spectacle, and script analysis. This course requires written critical analysis. 325 330 (3). An advanced course in body awareness, alignment, breathing techniques and physical characterization for stage combat, choreography and movement for the camera in both film and television 341 (3). This course is designed to examine dance as an art form. Emphasis is on dance history, aesthetics, and criticism. The course examines dance in relation to the cultural context of differing periods and other art forms, contemporary theater dance and role of dance in education. Prerequisite 119 (spring 423 (3). All costuming students need to be acquainted with millinery techniques and various styles of period accessories and embellishments. This course allows the students to explore the effective application of such techniques 426 (3). This course explores the philosophy of teaching theater. It will employ various methods and techniques for teaching drama. Special emphasis will be given to the preparation of unit plans, lesson plans, and examinations 427 (3 study of the history of the Children\u2019s Theater movement in the United States. Emphasis will be placed on the various techniques for involving children in performance as well as planning, organizing, directing, and staging of plays for young audiences 428 (3 survey of the dramatic literature written by and for African-Americans from the 19th century to the present. This is a reading and discussion course, which requires written critical analysis and is designed to evaluate historical works and accomplishments of African- American dramatists 429 (3 class that prepares students in audience relations, including organizational structure, fund-raising, box office management, house management, marketing, and publicity. This course gives students hands-on experience 450 (3 study of the methods of producing and directing Theatrical Productions. This course prepares the student for the practical work of directing a one act production. Prerequisites 213 221 318 455 (4 practicum course, which involves a study of the basic principles of stage directing, play selection, casting, rehearsals and design collaboration. Includes practical work in directing culminating in the production of a one-act play. Prerequisite 450. (spring). 326 Here are definitions of terms that help explain the academic organization and operations at Alabama State University \u2013 Recognition granted schools and colleges upon examination by groups of visiting professionals based on objective standards developed by interested professional agencies. An accredited school or college has measured up to the standards of quality imposed by professional groups and accrediting agencies \u2013 One who enrolls in a course with the intention of not obtaining credit or a grade student must indicate that he or she is an auditor at the time of registration. Audit status may be denied if space is not available wide area of specialized and organized higher learning within the framework of the university itself \u2013 The most minutely specialized part within each department; the actual point of academic contact between faculty and student HOURS*\u2013 The number of hours a course meets each week determines its worth in credit hours. *please see page 340a for more information \u2013 An agreement between institutions that allows enrollment in designated courses as well as other courses. Courses are treated as \u201chome\u201d courses \u2013 The total program of courses required for a degree in a particular subject closely defined area of specialization within a division generic grouping within a college course that is accepted toward fulfillment of credit for a degree, but is not required for that degree; so termed because a student \u201celects\u2019\u2019 or chooses to take the course \u2013 Students withdrawing officially during a term at their request or whose enrollment is canceled at the request of the university because of a failure to comply with a condition upon which enrollment/validation was approved \u2013 Any credit for academic work completed at another institution and transferred to must be evaluated in terms of the requirements of ASU. Such evaluation is done by the Office of Admissions and Recruitment student who registers for 12 or more semester hours each semester \u2013 Numerical computation reached by dividing the number of quality points by the number of quality hours of course work in which a student is enrolled during any given period. 327 \u2013 One who holds a baccalaureate degree from an accredited institution, has been admitted to the Graduate School and is eligible to enroll in graduate-level credit courses \u2013 The academic area in which a student specializes new student may choose a major at once or be classified as \u201cundecided\u2019\u2019 until he or she is able to decide on the desired major \u2013 The academic area in which a student places special emphasis as a secondary specialization student who is not a resident of the state of Alabama student who registers for fewer than 12 credit hours a semester \u2013 One who holds a baccalaureate degree from an accredited institution, who is eligible to enroll in credit courses on the undergraduate level and who has not been admitted to graduate studies. Post- baccalaureate students apply for admission to the undergraduate college in which they wish to earn undergraduate credit \u2013 Certain courses must be completed before others may be attempted. Such first courses are prerequisites for following courses in the same or similar areas. It is the student\u2019s responsibility to check for prerequisites in the current bulletin \u2013 Enrollment at the university or in a particular college or school, certified by the registrar, with tuition and fee payment certified by the comptroller \u2013 The semester hour is a unit of academic credit. The number of hours earned in a given semester is the measure of a student\u2019s academic load normal load ranges from 15 to 18 semester hours of work. The hours of credit for various courses are indicated in the catalog \u2013 One who does not meet the admissions requirements but is admitted by petitioning the dean concerned for permission to take courses for which the student is qualified by certain abilities or maturity special student may take no more than 15 credits unless granted official transfer to the status of a regular student \u2013 The individual recipient of all academically imparted information; the focal point of university instruction. The university\u2019s subdivisions of colleges, divisions and departments are basically designed so that students of similar interests and ambitions may study together and spend their college years most advantageously \u2013 One who is regularly enrolled at another institution and is authorized by his or her dean to pursue certain courses at ASU. 328 certified copy of credits that a student has earned in high school or in other colleges attended. The submission of a transcript is one of the most important prerequisites for admission to ASU. 329 Federal Requirement 4.9: Definition of Credit Hour Alabama State University has credit hours definitions, policies and procedures that conform to commonly accepted practices in higher education. The institution\u2019s credit hour system complies with requirements of the U.S. Department of Education, Southern Association on Colleges and Schools Commission on Colleges (SACSCOC), and the Alabama Commission on Higher Education (ACHE). The institutional credit hour system is applicable to all modes of instructional deliver, including distance education Credit Hour Definition credit hour an amount of work represented in intended learning outcomes and verified by evidence of student achievement. The Alabama State University definition of one credit hours is based on the standard Carnegie unit of 50 minutes of classroom or direct faculty instruction delivered over one (1) clock hour of contact, defined as on clock/contact hour, and is based on a 16-week academic semester. However, the clock/contact hour representing one semester credit hour may be prorated based on the length of the academic term in weeks (e.g., summer terms, mini terms, other)(see Intuitional Credit Hour Policy section below). The credit hours is an institutionally established equivalency that approximates not less than:1 1 unit of measure representing the time and activity required for one hour of credit, and 2. At least an equivalent amount of work required and outlined in item 1 above for other academic activities as established by the institution including laboratory work, internships, pratica, studio work, and other academic work leading to the award of credit hours. Alabama State University operates on an academic calendar year divided into two equal 16-week semesters. Summer terms are operated on a \u00bd semester calendar (8 weeks), and mini terms are operated on \u00bc semester calendar (4 weeks during summer terms; 8 weeks during fall and spring semesters). Credit hours are formulated based on the semester term system; calculated of clock/contact hours for summer and mini terms is thus a pro rata calculation of the 16-week semester term timeframe. Institutional Credit Hour Policy Each continuing and new course developed for instruction must comply with the following credit hour policy: 1. Alabama State University uses semester credit hours as the measure to represent evidence of satisfactory completion of student work in a course. 2. Alabama State University uses the Carnegie unit to represent the credit hour as a unit of direct faculty instruction [50 minutes of direct classroom delivered over 1 clock hour of contact, or one clock/contact hour]. The Carnegie unit thus represents 1 contract/clock hour. 3. Alabama State University uses the 16-week semester as the basis for formulating semester credit hours for any term of instruction. Credit hour formulation for alternative instructional term formats (summer, mini terms, other) is a pro rata calculation of the 16-week semester (e.g., 8-week summer terms; 4- or 8-week mini terms, other). 330 4 minimum of 800 scheduled minutes of direct instruction is the basis for each credit hour awarded during any academic term. Including summer and mini-terms (50 minutes of classroom or direct faculty instruction x 16 weeks unless prorated over alternative time frame). 5. The standard expectation and common practice is that students will spend a minimum of 2 hours of preparation outside of the classroom in reading, study, research etc. for each Carnegie-based credit hour. 6. Each course is mandated to have a syllabus documenting the amount of in-class and out-of- class work required to earn the credit hours of approved for the course. Institutional Procedures for Determining Credit Hour Using the U.S. Department of Education\u2019s definition of the credit hour as a foundation, Alabama State University calculates the actual amount of academic work that goes into a single semester credit hour based on the type of course as follows: \uf0b7 Lectures and Seminars: One lecture (taught) or seminar (discussion) credit hour represent 1 clock/contact hour and 2 hours of student preparation time over the course of a 16 week semester unless prorated over alternative term lengths (4-week summer mini terms; 8-week semester mini terms). \uf0b7 Laboratory Courses: One laboratory credit hour represents 1 clock/contact hour per week of lecture or discussion time, 1-3 clock/contact hours per week of scheduled supervised or independent laboratory work, and 2 hours of student preparation time per week. Thus, for each laboratory credit hour, this calculation represents at least 16 clock/contact hours of lecture or discussion time, 16 \u2013 48 clock/contact hours of laboratory time, and 32 hours of student preparation per academic term unless prorated over alternative term lengths. Laboratory courses are constructed on this credit hour formula to award up to 4 semester credit hours. There is a small population of exceptions [e.g foundations laboratory courses, Collage of Health Sciences (COHS) laboratories] for which 1 credit hour represents 32 clock/contact hours of laboratory time and 32 hours of student preparation per week. \uf0b7 Practica: One practice credit hour (supervised clinical rounds, internships, visual or performing art studio, supervised student teaching, field work, etc.) usually represents 3-4 clock/contact hours of supervised and/or independent practice per week. Thus one practice credit hour represents between 48 and 64 clock/contact hours of work per 16- week semester unless prorated over alternative term length. Most studio or practice courses are assigned 3 semester credit hours, thus representing blocks of 3 practice credit hours. \uf0b7 Directed Independent Study: One directed independent study 9thesis or dissertation research) credit hours is calculated similarly to practice credit hours. \uf0b7 Alternate Calculation of credit Hours: For degree programs accredited by various agencies, the core faculty of the various programs determine the amount of academic 331 credit to be awarded for fieldwork, clinical, internship, and other experiential courses in accord with agency requirements and based on commonly acted practices in higher education. In some health professions programs, the minimum amount of clinical time, rather than credits, is determined by the specialized accrediting agency. All pre-clinical course work follows the policy as previously described. In studio courses representing the arts, design, and theatre, one credit hour is equivalent to 1.5 hours of guided instruction and three hours for studio class preparation each week for 15 weeks as defined by the National Association of Schools of Art and National Association of Schools of Music. \uf0b7 The institutional credit hour system is applicable to all modes of instructional delivery, including online and distance education. _________________________ 1Guidance to Institutions and Accrediting Agencies Regarding a Credit Hour as Defined in the Final Regulations Published on October 29, 2010, U.S. Department of Education.", "7205_102.pdf": "Cited By (8) \uf09e (/feed/search/?type=o&q=cites%3A(516092)) This case has been cited by other opinions: Reynolds v. King (1990) (/opinion/1879885/reynolds-v-king/) Richardson v. Lamar County Board of Education (1989) (/opinion/1492595/richardson-v-lamar-county-board-of-education/) Welch v. Delta Air Lines, Inc. (1997) (/opinion/2135832/welch-v-delta-air-lines-inc/) Hearn v. General Electric Co. (1996) (/opinion/2092727/hearn-v-general-electric-co/) Shuford v. Alabama State Board of Education (1997) (/opinion/2136178/shuford-v-alabama-state-board-of-education/) Fox v. Ravinia Club, Inc. (1991) (/opinion/1684488/fox-v-ravinia-club-inc/) Reynolds v. Alabama Department of Transportation (1998) (/opinion/2349985/reynolds-v-alabama-department-of-transportation/) Verna v. Public Health Trust of Miami-Dade County (2008) (/opinion/2151759/verna-v-public-health-trust-of-miami-dade-county/) View Citing Opinions (/?q=cites%3A(516092)) Authorities (2) This opinion cites: United States Postal Service Board of Governors v. Aikens, 460 \u2026 (/opinion/110899/united-states-postal-service-board-of-governors-v-aikens/?) (8 times) Texas Department of Community Affairs v. Burdine, 450 U.S. 248 (/opinion/110424/texas-department-of-community-affairs-v-burdine/?) (6 times) View All Authorities (/opinion/516092/eunice-w-moore-v-alabama-state-university-and-dr-leon-howard-as/authorities/) Related Case Law Jones v. Board of Regents of the University System (/opinion/1213909/jones-v-board-of-regents-of-the-university-system/) Byrd v. L\u00e1mar (/opinion/1772334/byrd-v-lamar/) Jacqueline Weatherly v. Alabama State University (/opinion/1039896/jacqueline-weatherly-v-alabama-state-university/) Loftus v. Arizona State University Public Safety Personnel Retirement System \u2026 (/opinion/2454439/loftus-v-arizona-state-university-public-safety-personnel-retirement/) Terrell v. Alabama State University (/opinion/9521896/terrell-v-alabama-state-university/) Search Full List (/?q=related:516092&stat_Published=on) Share \uf003 (mailto:? subject=Eunice%20W.%20Moore%20v.%20Alabama%20State%20University%20and%20Dr.%20Leon%20Howard%2C%20as%20President%20and%20Individually%2C...%2C%20864%20F.2d%20103%2C w-moore-v-alabama-state-university-and-dr-leon-howard-as/) \uf082 ( dr-leon-howard-as/&t=Eunice W. Moore v. Alabama State University and Dr. Leon Howard, as President and Individually,..., 864 F.2d 103, 48 Empl. Prac. Dec. (CCH) 38,624, 48 Fair Empl. Prac. Cas. (BNA) 1598, 1989 293, 1989 U.S. App 481 at CourtListener.com) \uf081 ( and-dr-leon-howard-as/) \uf0a2 Get Citation Alerts (/?show_alert_modal=yes&q=cites%3A(516092)) Eunice W. Moore v. Alabama State University and Dr. Leon Howard, as President and Individually, Patsy Boyd Parker, 864 F.2d 103 (11th Cir. 1989) Court of Appeals for the Eleventh Circuit Filed: January 23rd, 1989 Precedential Status: Precedential Citations: 864 F.2d 103, 48 Empl. Prac. Dec. (CCH) 38,624, 48 Fair Empl. Prac. Cas. (BNA) 1598, 1989 293, 1989 U.S. App 481 Docket Number: 87-7714 Judges: Roney, Johnson, Tidwell Author: Roney 864 F.2d 103 48 Fair Empl.Prac.Cas. 1598, 48 Empl. Prac. Dec 38,624, 50 Ed. Law Rep. 989 Eunice W. MOORE, Plaintiff-Appellee, v and Dr. Leon Howard, as President and individually, Defendants-Appellants, Patsy Boyd Parker, et al., Defendants. No. 87-7714. United States Court of Appeals, Eleventh Circuit. Jan. 23, 1989. Solomon S. Seay, Jr., Montgomery, Ala., for defendants-appellants. Edmon L. Rinehart, Montgomery, Ala., for plaintiff-appellee. Appeal from the United States District Court for the Middle District of Alabama. Before RONEY, Chief Judge, JOHNSON, Circuit Judge, and TIDWELL,* District Judge. RONEY, Chief Judge: 2/27/25, 6:41 Eunice W. Moore v. Alabama State University and Dr. Leon Howard, as President and Individually,..., 864 F.2d 103, 48 Empl. Prac. \u2026 1/2 1 In this case, the district court awarded Eunice Moore relief on her Title sex discrimination claim challenging her removal from a position at Alabama State University. There is no evidence in the record to support the district court's finding that Moore was removed from this position under circumstances that give rise to an inference of sex discrimination. We reverse. 2 Plaintiff Eunice Moore is a black, fifty-nine-year-old woman and a tenured faculty member at defendant Alabama State University (ASU), located in Montgomery, Alabama. Defendant Leon Howard is the president of ASU. The other named defendants comprise the Board of Trustees, which governs and appoints and grants tenure to the faculty. 3 On June 29, 1976, plaintiff was employed by under a two-month contract for July 1--August 31, 1976 and a yearly contract as of September 1976, both as Dean of the College of Sciences and Humanities and as Professor. Plaintiff's contract was renewed for each year thereafter and for the years 1981-1982, 1982-1983 and 1983-1984 as Dean of the College of Arts and Sciences until August 29, 1984, when plaintiff was notified by Howard that she would not be reappointed Dean of the College of Arts and Sciences. Howard then appointed plaintiff Dean of the College of Arts and Sciences for one month, September 1984. On October 4, 1984, Howard notified plaintiff she would not be reappointed Dean, and on October 18, 1984, issued to her a Notice of Continuing Employment as Professor of Speech Communications, Special Assistant to the President for the year October 1, 1984 to September 30, 1985, at an annual salary of $41,870.00. Plaintiff accepted this appointment with appreciation by letter dated October 30, 1984. 4 On August 16, 1985, plaintiff received a Salary Worksheet from Nathan Moore, Chairman of the English, Speech, Theatre and Foreign Languages Department, indicating her rank and title for the year 1985-86 as Professor of Speech at a salary of $38,930.00 per year, which is less than the $41,870.00 plaintiff received for the year 1984-1985. By letter dated August 27, 1985, Howard notified plaintiff that she would not be retained in the position of Special Assistant to the President. On September 25, 1985, Howard sent plaintiff a Notice of Continuing Employment as Professor of Speech at a salary of $33,400.00 for nine months but prorated her salary for eight months at $29,690.00 through May 31, 1986 to take account of the fact that plaintiff had been paid as Special Assistant to the President through September 30, 1985. 5 The position of Special Assistant to the President is not shown on any organizational chart of in effect from September 1983 to the present. No record of any personnel action concerning plaintiff is shown in the minutes of any Board meeting from August 11, 1984 through November 6, 1986. 6 On February 21, 1986, Moore filed a complaint with the district office of the in Birmingham, Alabama, charging defendants with discrimination against her on the basis of race, sex, and age when they removed her as Dean and as Special Assistant to the President. Such a filing with the within 180 days after the alleged discriminatory practice occurred is a prerequisite to a Title action. 42 U.S.C.A. Sec. 2000e--5(e); Stafford v. Muscogee Cnty Bd. of Educ., 688 F.2d 1383, 1387 (11th Cir.1982). The issued Moore a Right-to-Sue letter on August 22, 1986. For purposes of this opinion, we assume without deciding that plaintiff's complaint to the was timely. 7 She then filed this Title action in the district court. At the close of a bench trial, Moore withdrew her claims of race and age discrimination. The district court held that: (1) Moore was not entitled to any relief on her challenge to her removal as Dean, under either a disparate treatment or disparate impact analysis; (2) Moore was not entitled to any relief on her challenge to her removal as Special Assistant to the President, under a disparate impact analysis. The court held, however, that Moore was entitled to relief on her disparate treatment claim of sex discrimination in her removal from the position of special assistant to the President, because it found that Moore was removed under circumstances which gave rise to an inference of unlawful discrimination. The propriety of this last holding is the only question before this Court. 8 Where, as here, a disparate treatment case is fully tried, a Court should proceed directly to the ultimate question of intentional discrimination. Carmichael v. Birmingham Saw Works, 738 F.2d 1126, 1129 (11th Cir.1984). As the supreme court stated: 9 Where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant. The district court has before it all the evidence it needs to decide whether \"the defendant intentionally discriminated against the plaintiff.\" 10 United States Postal Service Bd. of Governors v. Aikens, 460 U.S. 711 (/opinion/110899/postal-service-bd-of-governors-v-aikens/), 715, 103 S.Ct. 1478 (/opinion/110899/postal-service-bd-of-governors-v- aikens/), 1482, 75 L.Ed.2d 403 (/opinion/110899/postal-service-bd-of-governors-v-aikens/) (quoting Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 (/opinion/110424/texas-dept-of-community- affairs-v-burdine/), 253, 101 S.Ct. 1089 (/opinion/110424/texas-dept-of-community-affairs-v-burdine/), 1093, 67 L.Ed.2d 207 (/opinion/110424/texas-dept-of-community-affairs-v-burdine/) (1981)). Thus, framing the issue as whether plaintiff has established a prima facie case or not unnecessarily evades the ultimate factual question of discrimination vel non. Id. at 714-15, 103 S.Ct. at 1481-82 (/opinion/110899/postal-service-bd-of-governors-v-aikens/). 11 The \"factual inquiry\" in a Title case is \"[whether] the defendant intentionally discriminated against the plaintiff.\" In other words, is \"the employer ... treating 'some people less favorably than others because of their race, color, religion, sex, or national origin.' \" 12 Aikens, 460 U.S. at 715 (/opinion/110899/postal-service-bd-of-governors-v-aikens/), 103 S.Ct. at 1482 (/opinion/110899/postal-service-bd-of-governors-v-aikens/) (citations omitted). \"Of course, the plaintiff must have an adequate 'opportunity to demonstrate that the proffered reason was not the true reason for the employment decision,' but rather a pretext.\" Id. (/opinion/110899/postal-service-bd-of- governors-v-aikens/) at 716 n. 5, 103 S.Ct. at (/opinion/110899/postal-service-bd-of-governors-v-aikens/)1482 n. 5 (quoting Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 (/opinion/110424/texas-dept-of-community-affairs-v-burdine/), 256, 101 S.Ct. 1089 (/opinion/110424/texas-dept-of-community-affairs-v-burdine/), 1095, 67 L.Ed.2d 207 (/opinion/110424/texas-dept-of- community-affairs-v-burdine/) (1981)). 13 The district court found that defendants never declared any reason for removing or refusing to rehire plaintiff. The court concluded that defendants' failure to carry their burden warranted relief for Moore. 14 There is no support in the record to justify this decision. There has been no showing of sex discrimination against Moore. Moore herself submitted into evidence defendant Howard's uncontradicted deposition, which articulates two reasons for ASU's actions. First, the position of special assistant to the president was not an authorized one. This is because President Howard had no authority on his own to create such a job, much less guarantee anyone a permanent position in that job, since the appointing authority was the Board of Trustees, which acted upon Howard's recommendation only. Second, after a year, Howard found that he did not have any real need for the kinds of tasks he had identified for that position. 15 This was a fully tried case. There was no direct evidence of discrimination presented. Moore established only that she was a member of a protected class, that she held a position for which she was qualified, and that despite her qualifications, she was discharged. No one disputes these facts. Moore, however, could not show that non-protected class members were treated differently than she was treated. She was the only person ever to have held the position, a fifty-nine-year-old black woman. The district court found that the decision to remove her was facially neutral as to sex. Moore was not replaced by anyone, male or female. There was no finding by the district court that Howard's testimony lacked credibility. It explains the decision without any reference to whether the position had been occupied by a male or a female. No record of any personnel action concerning Moore is shown in the minutes of any Board meeting from August 11, 1984 through November 6, 1986. There is nothing to show that defendants acted in any way because of plaintiff's sex. 16 The judgment must be reversed. To hold otherwise would in effect force to create a permanent position it neither needs nor wants. 17 REVERSED. * Honorable G. Ernest Tidwell, United States District Judge for the Northern District of Georgia, sitting by designation 2/27/25, 6:41 Eunice W. Moore v. Alabama State University and Dr. Leon Howard, as President and Individually,..., 864 F.2d 103, 48 Empl. Prac. \u2026 2/2", "7205_103.pdf": "From Casetext: Smarter Legal Research Longmire v. Alabama State University United States District Court, M.D. Alabama, Northern Division. Dec 18, 1992 151 F.R.D. 414 (M.D. Ala. 1992) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free University employee filed sexual harassment action against former president and university. On various discovery motions, the District Court, Carroll, United States Magistrate Judge, held that: (1) employee was entitled to discover evidence of president's other sexual activities with women at the university but not with women at another university; (2) employee was entitled to discovery from university trustees even though their claim of qualified immunity with respect to damages had been upheld; (3) president was not entitled to inquire into employee's sexual history; and (4) employee was entitled to be present during document production. Sign In Search all cases and statutes... Opinion Summaries Case details 2/27/25, 6:41 Longmire v. Alabama State University, 151 F.R.D. 414 | Casetext Search + Citator 1/14 *414 *415 Ordered accordingly. Rose Sanders, Selma, AL, Susan E. Russ, Miller, Hamilton, Snider & Odom, Montgomery, AL, for plaintiff. George Beck, John Yung, Dennis R. Pierson, Montgomery, AL, for defendant Howard. Gregory Stein, Mobile, AL, for & Reed. Terry G. Davis, Montgomery, AL, for defendants. Donald Watkins, Montgomery, AL, Joe R. Whatley, Jr., Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham, AL, for all defendants other than Howard. 414 415 CARROLL, United States Magistrate Judge On June 11, 1991, the plaintiff, Venus Longmire, filed this action pro se against *416 Alabama State University (ASU); Joe Reed, the Chairman of the Alabama State University Board of Trustees; and Leon Howard, a former president of Alabama State. Ms. Longmire alleged that the defendants had violated rights guaranteed her by Title of the Civil Rights Act of 1964 and that Dr. Howard had committed a battery upon her, had falsely imprisoned her, had intentionally inflicted emotional distress upon her, and had defamed her. On September 13, 1991, Ms. Longmire, this time through counsel, filed an amended complaint. The amended complaint added all of the university trustees as defendants and redefined the claims. The claims as redefined are: 416 (1) That Ms. Longmire was sexually harassed in violation of rights guaranteed her by Title of the Civil Rights Act of 1964; (2) That Ms. Longmire was terminated from her employment in retaliation for her filing of a charge with the in violation of rights 2/27/25, 6:41 Longmire v. Alabama State University, 151 F.R.D. 414 | Casetext Search + Citator 2/14 guaranteed her by Title of the Civil Rights Act of 1964; (3) That Alabama State University and its trustees negligently and wantonly failed to supervise Dr. Howard; (4) That Dr. Howard committed an assault and battery on Ms. Longmire; (5) That Dr. Howard invaded Ms. Longmire's privacy; (6) That Dr. Howard committed the tort of outrage against Ms. Longmire; (7) That all of the defendants breached a contract which they had with Ms. Longmire. On October 13, 1991, Dr. Howard filed a counterclaim against Ms. Longmire which alleges that Ms. Longmire abused legal process and defamed him by accusing him of having attempted to rape her. Ms. Longmire, through counsel, filed a \" third amended complaint\" on January 13, 1992. The complaint added a claim that the sexual harassment also violated the Civil Rights Act of 1991. It also added claims under 42 U.S.C. \u00a7 1983 for sexual discrimination and for violation of rights guaranteed by the First Amendment to the Constitution of the United States \" fourth amended complaint\" was filed on September 23, 1992. That complaint added a claim against Dr. Joe Reed alleging that Dr. Reed violated Ms. Longmire's constitutional rights by terminating her employment because she filed a complaint with the state Ethics Commission. 1 1 second amended complaint was filed which simply changed the name of one of the trustees. On July 31, 1992, United States District Judge Myron Thompson issued an order on the defendants' motions to dismiss supplemental order was filed on October 22, 1992. According to the terms of those orders, the only claims which Ms. Longmire may pursue against the trustees of Alabama State University are claims under 42 U.S.C. \u00a7 1983 for injunctive relief in their official capacities. Alabama State University remains a defendant for purpose of the Title claim and Dr. Howard remains a defendant for the Title claims, the \u00a7 1983 claims, and the state law claims for assault, invasion of privacy, and outrageous conduct. This case is currently pending on a series of discovery disputes. The issues have been briefed by the parties and the court held oral argument on the various issues on December 11, 1992. 2/27/25, 6:41 Longmire v. Alabama State University, 151 F.R.D. 414 | Casetext Search + Citator 3/14 The discovery phase of this case has been marked by hostility, anger and a general inability on the part of counsel to get along. The taking of depositions is almost always marked by scheduling problems. When the scheduling problems are resolved and the depositions commence, the court can always anticipate receiving calls from counsel to make rulings on problems which occur during the depositions. The difficulties with the depositions and the daily phone calls to the court caused the court to issue an extensive order concerning the conduct of counsel during depositions. The order was issued on October 7, 1992. The court has had to involve itself in the minutiae of the discovery process. On November 6, 1992, the court was required to issue an order concerning the length of questioning during the plaintiff's deposition because of the inability of counsel to resolve the issue. Since October 30, 1992, at least nine *417 separate discovery motions have been filed. The court has held hearings on discovery matters on October 8, October 26, November 5, and December 11. It has issued orders on discovery matters on October 6, October 7, October 8, October 15, October 28, and November 6. 417 20 The serious discovery disputes in this case began on October 6, 1992 when the parties began taking depositions. The bulk of the disputes in this case have centered around the desire of counsel for Dr. Howard and Ms. Longmire to inquire, in deposition, about each others previous sexual activity. On October 15, 1992, this court entered an order limiting that inquiry. The parties then filed various pleadings asking that the limits on the inquiry about the sexual activities be changed. On October 28, 1992, the court entered another order relating to the scope of the parties inquiry about sexual activity. Under the terms of that order, counsel for the defendants were allowed to ask Ms. Longmire about her sexual activity with other persons while she was employed at Alabama State about which Dr. Howard had knowledge. Counsel for Ms. Longmire was allowed to ask questions about sexual activities which Dr. Howard may have had with persons with whom he had a supervisor/supervisee relationship or 2/27/25, 6:41 Longmire v. Alabama State University, 151 F.R.D. 414 | Casetext Search + Citator 4/14 employer/employee relationship during his most recent term at Alabama State. All of the parties appealed the October 28 order. Following a hearing on the appeal of the October 28 order, Judge Thompson, on November 20, 1992, issued an order directing the undersigned magistrate judge to review certain discovery issues which the parties had not yet presented hearing was held on those discovery issues on December 11, 1992. Each of those issues will be discussed in turn.2 2 The district judge's order of November 20, 1992 also requested that the magistrate judge resolve the question of whether Ms. Longmire had laid sufficient predicate to inquire into certain alleged sexual relationships of Dr. Howard. That issue was resolved during the hearing which the magistrate judge held on November 20. 1 Dr. Howard left Alabama State to go to Jackson State University in 1976. He returned to Alabama State in 1984. Ms. Longmire contends that she should be allowed to ask Dr. Howard questions about his sexual activity with women other than his wife while he was employed at Jackson State and during his first employment at Alabama State. 3 3 These dates were provided to the court by the parties in open court during the December 11th hearing. The limits which the court has placed on the inquiry about Dr. Howard's sexual activity on the Title and \u00a7 1983 claims by this court's order of October 28, 1992 appear appropriate under the case law. Evidence of Dr. Howard's sexual activities with women at Alabama State while Dr. Howard was employed there is relevant to the sexual harassment issues before the court. In Hicks v. Gates Rubber Co., 833 F.2d 1406, 1415 (10th Cir.1987), the court found that evidence of other acts of sexual harassment involving other employees was admissible in determining the \" hostile environment\" issue. See also Sowers v. Kemira, Inc., 701 F.Supp. 809, 813 (S.D.Ga.1988); Weiss v. Amoco Oil Co., 142 F.R.D. 311 (S.D.Iowa 1992). It is equally clear, however, that Dr. Howard's activities outside the work place are irrelevant. Tomson v. Stephan, 705 F.Supp. 530, 536 (D.Kan.1989). 2/27/25, 6:41 Longmire v. Alabama State University, 151 F.R.D. 414 | Casetext Search + Citator 5/14 The only argument which the Ms. Longmire makes is that evidence of Dr. Howard's activities at Jackson State are relevant to show that the university trustees knew or should have known that Dr. Howard engaged in improper sexual activities at Jackson State before they hired him. Unfortunately for Ms. Longmire, there is no issue before the court which requires any inquiry into what the university trustees knew when *418 they hired Dr. Howard in 1984. The negligent supervision claim which the plaintiff raised in her amended complaint has been dismissed. The only claims remaining before the court involving either the trustees or the university are the sexual harassment claims. The trustees' knowledge of Dr. Howard's sexual activity while at Jackson State are irrelevant to those claims. 418 The plaintiff has never specifically categorized her sexual harassment claim as either a \" quid pro quo\" claim or a \" hostile environment\" claim. If the plaintiff's claim is a \" quid pro quo\" claim, a theory of strict liability applies. If the plaintiff's claim is a \" hostile environment\" claim, she can prevail against the university defendants only if she shows that the defendants knew or should have known of the harassment and failed to take prompt remedial action against Dr. Howard. Steele v. Offshore Shipbuilding, Inc., 867 F.2d 1311, 1316 (11th Cir.1989). In either case, the trustees' knowledge of Dr. Howard's sexual activities at Jackson State or at during his previous tenure is absolutely irrelevant. This case has been marked by open hostility between counsel for the parties. It is important that this court place limits on inquiries into sensitive areas such as sexual activity in order to control the case. The limitations which the court has placed on the examination of Dr. Howard are consonant with both the letter and the spirit of Rule 26 and necessary to prevent unnecessary embarrassment and invasions of Dr. Howard's private life. The court wishes to note, however, that its ruling is based on the present state of the record. If the plaintiff has actual evidence, not argument, which would establish a good faith basis for the inquiry about Dr. Howard's sexual activity at places other than Alabama State and some relevance to that inquiry, the plaintiff may make an ex parte motion under seal requesting that the court allow such inquiry. 2/27/25, 6:41 Longmire v. Alabama State University, 151 F.R.D. 414 | Casetext Search + Citator 6/14 2 404 The interests which Dr. Howard possesses in being free from harassment, embarrassment, and unnecessary invasions into his private life are also possessed by Ms. Longmire. She too has the right to be protected from an invasive inquiry which is irrelevant for discovery purposes. Indeed, courts need to be particularly vigilant in controlling discovery in sexual harassment cases. Priest v. Rotary, 98 F.R.D. 755, 761 (N.D.Cal.1983). In this case, Dr. Howard argues that evidence about Ms. Longmire's prior sexual activity is relevant because such evidence may be admissible under Rule 404(b) of the Federal Rules of Evidence. Under Rule 404(b): Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Dr. Howard argues that he should be allowed to inquire into Ms. Longmire's sexual history because \" it is submitted that evidence of any prior instance in which the plaintiff may have been engaged in sexual relationships with individuals in authority over her, resulting in the plaintiff accepting money or favors from such individuals after they have been placed in a compromising position, would be relevant to the plaintiff's motive, plan, or scheme in this case.\" This sort of generalized allegation that there might be some 404(b) evidence somewhere in the case is insufficient to overcome the \" potential of the requested discovery to harass, intimidate and discourage the plaintiff in her efforts to prosecute her cause.\" Priest, 98 F.R.D. at 761. \" Questions remote in time or place to the working environment are wholly irrelevant and unlikely to lead to admissible evidence. Such questions would only serve as tools of annoyance and harassment and serve no purpose.\" Mitchell v. Hutchings, 116 F.R.D. 481, 485 (D.Utah 1987). As with the ruling concerning the scope of the inquiry into Dr. Howard's past, this ruling is based on the record before the court. If the 2/27/25, 6:41 Longmire v. Alabama State University, 151 F.R.D. 414 | Casetext Search + Citator 7/14 defendants have actual evidence, as opposed to argument, which would establish *419 a good faith basis for the inquiry about Ms. Longmire's past sexual activity and some relevance to it, they may make an ex parte motion under seal requesting that the court allow such inquiry. 419 3 Ms. Longmire makes the further argument that she should be allowed to inquire into Dr. Howard's past sexual activities because Dr. Howard has filed a defamation action against her. Under well-settled Alabama law, a person who files a defamation action puts his or her character in issue. Parker v. Newman, 200 Ala. 103, 75 So. 479, 485 (1917). In a defamation action, the plaintiff may offer evidence of his good character and his character with reference to the matter charged in the defamation. Webb v. Gray, 181 Ala. 408, 62 So. 194, 198 (1913). See also Bill Steber Chevrolet- Oldsmobile, Inc. v. Morgan, 429 So.2d 1013, 1015 (Ala.1983). The defendant may then offer evidence of the plaintiff's bad character. Webb v. Gray, 62 So. at 198. Because Dr. Howard has placed his character \" in issue\" by filing a defamation action, his good or bad character may be proven by specific instances of his conduct. Fed.R.Evid. 405(b); Government of the Virgin Islands v. Grant, 775 F.2d 508, 511 (3rd Cir.1985). In this case, Dr. Howard claims that he has been defamed by Ms. Longmire's statement that he attempted to rape her. Consequently, counsel for Ms. Longmire may ask Dr. Howard about any incidents where he is alleged to have assaulted other females or attempted to force them to have sex with him against their wills. If Dr. Howard intends to offer evidence of his general good character, then counsel for Ms. Longmire is free to ask questions about any extra-marital affair that Dr. Howard may have had while he was either at Jackson State or Alabama State 1 The plaintiff has propounded a series of interrogatories to the individual members of the Alabama State University Board of Trustees. The court has reviewed the interrogatories and much of the information which 2/27/25, 6:41 Longmire v. Alabama State University, 151 F.R.D. 414 | Casetext Search + Citator 8/14 the plaintiff seeks is beyond the knowledge of the trustees. During the hearing which was held in this case on December 11, counsel for the plaintiff indicated that she was requesting only that the trustees answer interrogatories directed to their personal knowledge of facts which are relevant to this case. The trustees contend that they cannot be compelled to answer the interrogatories but that they will make themselves available for deposition and will respond to subpoenas duces tecum. The basis for the trustees' contentions is the order of the court granting them summary judgment on the issue of qualified immunity. See Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). The trustees' contention misapprehends the law. The damage claim against the trustees in their individual capacities has been dismissed. They still remain as defendants in their official capacities for purposes of injunctive relief. Under well-settled law, the defense of qualified immunity is \" totally immaterial\" to claims for injunctive relief. Tubbesing v. Arnold, 742 F.2d 401, 404 (8th Cir.1984). Indeed, in cases where injunctive relief is requested, discovery should go forward even where defendants have prevailed on their qualified immunity defense. See, e.g., Lugo v. Alvarado, 819 F.2d 5 (1st Cir.1987). There are, of course, cases where parties remain as defendants after they have successfully litigated their qualified immunity defense because there is some susceptibility to injunctive relief. In such a case where a defendant remains for purposes of injunctive relief only and has no knowledge of the underlying facts of the case, no discovery from that defendant should be permitted. However, defendants who are in a case solely for injunctive relief purposes but who have knowledge of the facts of a case may be subjected to discovery even if their qualified immunity defense has been successful. Denton v. Twyford, 142 F.R.D. 140 (S.D.Ohio 1992). *420 In this case, the plaintiff has argued to the court that the trustees have personal knowledge of critical facts in this case. The trustees have presented no contrary evidence. Consequently, the trustees can be compelled to answer the plaintiff's interrogatories but only insofar as the interrogatories seek information about the trustees' personal knowledge or relevant facts. The only interrogatories which appear to the court to relate to the personal knowledge of the trustees are interrogatories 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 24 and 28. 420 4 2/27/25, 6:41 Longmire v. Alabama State University, 151 F.R.D. 414 | Casetext Search + Citator 9/14 4 The plaintiff's counsel served identical sets of interrogatories on and its trustees. As a result, many of the interrogatories and requests for production of documents which are contained in the interrogatories to the trustees have nothing to do with the trustees. This absolute lack of specificity contributes unnecessary confusion. Unfortunately for and the trustees, no objections to the interrogatories were filed within the time permitted by the Federal Rules of Civil Procedure. Had objections been made, the court would have directed plaintiff's counsel to file new interrogatories. 2 During the deposition of Dr. Howard's wife, Caroline Howard, counsel for Dr. Howard repeatedly invoked the marital privilege and instructed Mrs. Howard not to answer the question. The plaintiff filed a motion to compel answers to those questions on November 16 and on November 30. The court has reviewed the questions to which the marital privilege was asserted. The court, during the hearing which was held on December 11, indicated its view that in certain instances the assertion of the privilege was proper but that in other instances the assertion of the privilege was frivolous. Counsel for the parties then agreed to meet to narrow the focus of the motion to compel. 3 Plaintiff's counsel has insisted that Ms. Longmire be present during the production of documents and its trustees have objected to her presence during the production of personnel files. The decision as to whether a plaintiff should have personal access to personnel files during the discovery process requires that the competing interests be balanced. See, e.g., Rossini v. Ogilvy and Mather, Inc. 798 F.2d 590, 601 (2d Cir.1986). In this case, plaintiff's counsel has indicated to the court that the plaintiff's presence will make document production more efficient because of the plaintiff's personal knowledge of the case. The defendants have offered no evidence to the court that the plaintiff is likely to disseminate confidential information which she obtains during the course of discovery. Consequently, the oral motion of the defendants to exclude the plaintiff from production of the personnel files should be denied. See Cobb v. Rockefeller University, 1991 222125, 1991 U.S.Dist 15278 (S.D.N.Y. 2/27/25, 6:41 Longmire v. Alabama State University, 151 F.R.D. 414 | Casetext Search + Citator 10/14 October 24, 1991) (Plaintiff in a sex discrimination lawsuit should be allowed access to files of former colleagues even though those files contain confidential information about hiring and tenure.) Ms. Longmire is cautioned, however, that she will be required to abide by any order of this court concerning non-disclosure of information 1 16 On November 16, 1992, the plaintiff filed a motion to compel seeking an order directing and its trustees to respond to certain interrogatories and document requests. The question of whether the trustees must answer interrogatories has been discussed above. The issue of document production has been discussed at both the November 20 hearing and the December 11 hearing. On December 14 was to produce the documents requested. Accordingly, the motion to compel is due to be granted insofar as it applies to the interrogatories directed to the trustees. It is to be otherwise denied as moot, subject to renewal if the documents requested are not produced. 2 7 On December 7, 1992 filed a motion for protective order concerning the scheduling *421 of certain depositions. The parties have agreed to a deposition schedule and the motion is, therefore, moot. 421 3 14 On December 14, 1992, the plaintiff filed a motion to compel relating to the deposition of Colonel Clarence Holloway arranged for Colonel Holloway to be deposed on the afternoon of December 14. Consequently, the motion to compel is moot. The motion for sanctions still remains For the foregoing reasons, it is hereby ORDERED: 2/27/25, 6:41 Longmire v. Alabama State University, 151 F.R.D. 414 | Casetext Search + Citator 11/14 (1) That inquiry into sexual activities of Ms. Longmire and Dr. Howard with other persons be limited according to the terms of this court's order of October 28, 1992 with the following modification: Ms. Longmire, through counsel, may question Dr. Howard about any incidents where he is alleged to have assaulted other females or attempted to force them to have sex with him since Dr. Howard has placed his character in issue by filing a claim for defamation. If Dr. Howard intends to offer evidence of his general good character, then counsel for Ms. Longmire is free to ask questions of Dr. Howard about any extra-marital affair he may have had since his initial employment at Alabama State; (2) That the parties may file an ex parte motion under seal to expand the scope of the inquiry concerning sexual activities with other persons. The motion should contain, at a minimum, a recitation of the evidence which exists concerning the sexual activity about which the parties seek to inquire and a brief showing the relevance of the evidence. For example, if Dr. Howard wishes to inquire about an incident of sexual activity involving Ms. Longmire which occurred outside of the work place, he may file an ex parte motion under seal seeking leave of court to make such an inquiry. The motion should recite the evidence which he has concerning the sexual activity and the source of that evidence and a brief showing how evidence of that sexual activity is relevant under Rule 26 of the Federal Rules of Civil Procedure. If Ms. Longmire wishes to inquire about Dr. Howard's activity while he was at Jackson State, for example, she may file an ex parte motion under seal which recites the evidence which she has regarding that sexual activity and the source of the evidence and a brief showing how evidence of that sexual activity is relevant under Rule 26 of the Federal Rules of Civil Procedure. Upon a showing that there is a good faith basis for the inquiry and a showing that the inquiry is relevant, the court will issue and order permitting the inquiry. Such ex parte motions must be made in sufficient time to allow the court to consider the motion, issue a ruling and allow redeposition of either Dr. Howard or Ms. Longmire before the discovery cut- off date unless all parties agree that the redeposition may occur after that date; 2/27/25, 6:41 Longmire v. Alabama State University, 151 F.R.D. 414 | Casetext Search + Citator 12/14 (3) That the plaintiff's motion to compel filed on November 16, 1992 directed to the trustees be granted in part and denied in part as follows. The trustees shall serve full and complete answers to the following interrogatories on or before December 24, 1992: Interrogatories 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 24, 28 and 29. The motion to compel is denied as moot insofar as it relates to the production of documents. The motions, however, may be renewed; (4) That the plaintiff's motion to compel filed November 16, 1992 and the motion to compel answers or motion to suppress filed November 30, 1992 be denied as moot. The motions, however, may be renewed; (5) That the motion for protective order filed by on December 7, 1992 be denied as moot; and (6) That the motion to compel and motion for sanctions filed on December 14, 1992 be denied in part as follows: The motion insofar as it seeks to compel the deposition of Dr. Clarence Holloway is denied as moot. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales 2/27/25, 6:41 Longmire v. Alabama State University, 151 F.R.D. 414 | Casetext Search + Citator 13/14 Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 6:41 Longmire v. Alabama State University, 151 F.R.D. 414 | Casetext Search + Citator 14/14"} |
8,722 | Bradley Peterson | Ohio State University | [
"8722_101.pdf",
"8722_102.pdf",
"8722_103.pdf",
"8722_104.pdf",
"8722_105.pdf"
] | {"8722_101.pdf": "December 7, 2023 Sixth Circuit: Emeritus Professor Status Does Not Create Constitutionally Protected Property Interest Ahmad Chehab, Larry Saylor, Brian Schwartz Miller Canfield + Follow Contact On December 5, 2023, the U.S. Court of Appeals for the Sixth Circuit ruled that emeritus status does not necessarily create a constitutionally protected property interest. Peterson v Johnson, _F.4th_, 2023 8431635 (for publication, 6th Cir. 2023). Although the Sixth Circuit punted on the question of whether lost pay or harm to \"tangible benefits\" in connection with revocation of emeritus status could create a constitutionally protected property interest (because the plaintiff did not allege such damages), the appeals court held that reputational harms purportedly resulting from a loss of emeritus status, standing alone, do not create a protected property interest under the U.S. Constitution. In 2018, Bradley Peterson, an astrophysicist, secured emeritus status at The Ohio State University after having retired from his previous tenured position in 2015. Three women later filed sexual harassment complaints against him. After investigation, the University determined that Peterson violated its Misconduct Policy, and ultimately revoked Peterson\u2019s emeritus position. Peterson filed a one-count lawsuit in January 2022, alleging a violation of procedural due process. He claimed the loss of emeritus status caused him various harms, including losing a textbook contract with a popular publishing company and his positions with external, non-University affiliated entities, in addition to permanent reputational damage. Privacy - Terms 2/27/25, 6:41 Sixth Circuit: Emeritus Professor Status Does Not Create Constitutionally Protected Property Interest | Miller Canfield - JDSupra 1/4 Key Changes in the Revised Earned Sick Time Act for Michigan Employers Recent Developments: Nationwide Injunction Lifted, New March 21, 2025, Reporting Deadline Set, and Reporting Rule May Be Modified Reporting Back On! Is the Chief of Appeals Constitutionally Appointed? Employers: It's Time for the FY2026 H-1B Cap Registration Under the New H-1B Modernization Rule Peterson analogized his emeritus status to an employment privilege and asserted that he was entitled to some due process prior to its revocation. The U.S. District Court for the Southern District of Ohio disagreed, dismissing his complaint. Peterson v. Johnson, No. 2:22-CV-00276, 2023 2586396 (S.D. Ohio Mar. 21, 2023). The Sixth Circuit affirmed. It emphasized that emeritus status does not automatically confer employment status. The court highlighted two additional critical points: First, because Peterson did not allege lost pay or \u201cmaterial change\u201d with his relationship to the university, his property interest argument rested on dubious footing. Second, Peterson\u2019s failure to request a \u201cname-clearing\u201d hearing after the university\u2019s investigation into his misconduct was fatal to his procedural due process violation claim. It may be prudent for higher education institutions to review their bylaws and policies and procedures to ensure that emeritus status does not provide for assignment of traditional faculty duties, voting privileges in university governance decisions, participation in promotion, tenure, and other administrative decisions, or any other specific tangible benefits. \uf0e0 Send \uf02f Print \uf071 Report See more \u00bb DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising. 2/27/25, 6:42 Sixth Circuit: Emeritus Professor Status Does Not Create Constitutionally Protected Property Interest | Miller Canfield - JDSupra 2/4 \u00a9 Miller Canfield 2025 BY: Miller Canfield Contact + Follow Ahmad Chehab + Follow Larry Saylor + Follow Brian Schwartz + Follow \uf00c Increased visibility \uf00c Actionable analytics \uf00c Ongoing guidance Learn More IN: Bylaws + Follow Corporate Governance + Follow Due Process + Follow Educational Institutions + Follow Employment Litigation + Follow Grievance Process + Follow Policies and Procedures + Follow Professors + Follow 2/27/25, 6:42 Sixth Circuit: Emeritus Professor Status Does Not Create Constitutionally Protected Property Interest | Miller Canfield - JDSupra 3/4 School Policies + Follow Teachers + Follow Universities + Follow more ON: \uf08c\uf082 \uf015\uf09e 2/27/25, 6:42 Sixth Circuit: Emeritus Professor Status Does Not Create Constitutionally Protected Property Interest | Miller Canfield - JDSupra 4/4", "8722_102.pdf": "February 27, 2025 Volume XV, Number 58 Login Advertisement Smart Containers: Contact Us Contact Us Sixth Circuit: Emeritus Professor Status Does Not Create Constitutionally Protected Property Interest by: Ahmad Chehab, Larry J. Saylor, Brian Schwartz of Miller Canfield Posted On Thursday, December 7, 2023 On December 5, 2023, the U.S. Court of Appeals for the Sixth Circuit ruled that emeritus status does not necessarily create a constitutionally protected property interest. Peterson v Johnson, _F.4th_, 2023 8431635 (for publication, 6th Cir. 2023). Although the Sixth Circuit punted on the question of whether lost pay or Public Education Services Litigation Trial Practice Labor Employment 6th Circuit (incl. bankruptcy) 54 We use cookies on this site to enhance your user experience No Thanks No Thanks 2/27/25, 6:42 Emeritus Professor Status Not Protected Property Interest 1/8 harm to \"tangible benefits\" in connection with revocation of emeritus status could create a constitutionally protected property interest (because the plaintiff did not allege such damages), the appeals court held that reputational harms purportedly resulting from a loss of emeritus status, standing alone, do not create a protected property interest under the U.S. Constitution. In 2018, Bradley Peterson, an astrophysicist, secured emeritus status at The Ohio State University after having retired from his previous tenured position in 2015. Three women later filed sexual harassment complaints against him. After investigation, the University determined that Peterson violated its Misconduct Policy, and ultimately revoked Peterson\u2019s emeritus position. Peterson filed a one-count lawsuit in January 2022, alleging a violation of procedural due process. He claimed the loss of emeritus status caused him various harms, including losing a textbook contract with a popular publishing company and his positions with external, non-University affiliated entities, in addition to permanent reputational damage. Peterson analogized his emeritus status to an employment privilege and asserted that he was entitled to some due process prior to its revocation. The U.S. District Court for the Southern District of Ohio disagreed, dismissing his complaint. Peterson v. Johnson, No. 2:22-CV-00276, 2023 2586396 (S.D. Ohio Mar. 21, 2023). The Sixth Circuit affirmed. It emphasized that emeritus status does not automatically confer employment status. The court highlighted two additional critical points: First, because Peterson did not allege lost pay or \u201cmaterial change\u201d with his relationship to the university, his property interest argument rested on dubious footing. Second, Peterson\u2019s failure to request a \u201cname-clearing\u201d hearing after the university\u2019s investigation into his misconduct was fatal to his procedural due process violation claim. It may be prudent for higher education institutions to review their bylaws and policies and procedures to ensure that emeritus status does not provide for assignment of traditional faculty duties, voting privileges in university governance decisions, participation in promotion, tenure, and other administrative decisions, or any other specific tangible benefits. \u00a9 2025 Miller, Canfield, Paddock and Stone 54 We use cookies on this site to enhance your user experience. 2/27/25, 6:42 Emeritus Professor Status Not Protected Property Interest 2/8 Ahmad Chehab Email 313-496-7504 Bio and Articles Larry J. Saylor Email 1.313.496.7986 Bio and Articles Brian Schwartz Email 313.496.7551 Bio and Articles Find Your Next Job ! 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Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. The National Law Review - National Law Forum 2070 Green Bay Rd., Suite 178, Highland Park 60035 Telephone (708) 357-3317 or toll-free (877) 357-3317. If you would like to contact us via email please click here Copyright \u00a92025 National Law Forum 54 We use cookies on this site to enhance your user experience. 2/27/25, 6:42 Emeritus Professor Status Not Protected Property Interest 8/8", "8722_103.pdf": "Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 23a0265p.06 M. PETERSON, Ph.D., Plaintiff-Appellant, v M. JOHNSON, Ph.D., in her individual and official capacities A. MCPHERON, Ph.D., in his individual capacity only L. GILLIAM, M.D., M.P.H., in her official capacity only, Defendants-Appellees. \u2510 \u2502 \u2502 \u2502 \u2502 \u2502 \u2502 \u2502 \u2502 \u2502 \u2502 \u2518 No. 23-3338 Appeal from the United States District Court for the Southern District of Ohio at Columbus. No. 2:22-cv-00276\u2014Edmund A. Sargus, Jr., District Judge. Decided and Filed: December 5, 2023 Before: MOORE, McKEAGUE, and KETHLEDGE, Circuit Judges. _________________ BRIEF: Tracy L. Turner CO., LPA, Granville, Ohio, for Appellant. Benjamin M. Flowers, Michael J. Hendershot GENERAL, Columbus, Ohio, for Appellees. > No. 23-3338 Peterson v. Johnson, et al. Page 2 _________________ _________________ MOORE, Circuit Judge. Bradley Peterson sued Kristina Johnson and Bruce McPheron1 pursuant to 42 U.S.C. \u00a7 1983 alleging that Johnson and McPheron violated his procedural-due-process rights. Peterson alleges that he had a property interest in his status as an emeritus professor at the Ohio State University (\u201cOhio State\u201d) and that Johnson and McPheron deprived him of that status without adequate process. The district court dismissed the complaint under Federal Rule of Civil Procedure 12(b)(6), finding that Peterson\u2019s emeritus status was not a constitutionally protected property interest. Peterson now appeals. For the reasons explained below, we the district court Bradley Peterson joined Ohio State in 1979 and, by 1984, he was promoted to Associate Professor and granted tenure status. R. 1 (Compl. \u00b6 10) (Page #4). Following his retirement on June 30, 2015, Peterson was granted emeritus status. Id. \u00b6 13 (Page #6). Peterson then began working as a Distinguished Visiting Astronomer at the Space Telescope Science Institute, developing a study that would be presented to and the National Academy of Sciences, conducting research, and writing the second edition of an astrophysics textbook. Id. \u00b6\u00b6 14\u201315 (Page #6). In October 2018, Peterson returned to Ohio State full-time with his emeritus status, but he continued much of his work for these other entities. Id. \u00b6 15 (Page #6\u20137). In April 2020, three women filed a sexual-harassment complaint against Peterson. Id. \u00b6 18 (Page #7). Ohio State investigated the complaint by conducting interviews of the women and any witnesses over the course of a few weeks. Id. \u00b6 29 (Page #11\u201312). On April 27, 2020, after completing several interviews, Ohio State notified Peterson about the pending investigation. Id. Peterson denied the allegations in writing and was interviewed as part of the 1The district court subsequently substituted McPheron with Melissa Gilliam, who took over as Executive Vice President and Provost while the case was pending. R. 27 (Dist. Ct. Order at 5) (Page #162). No. 23-3338 Peterson v. Johnson, et al. Page 3 investigation. Id. \u00b6\u00b6 30\u201332 (Page #12). During the interview, Peterson again denied the allegations, offered explanations for his alleged behavior, and stated that he had since adjusted his communication style. Id. \u00b6 32 (Page #12). After Peterson was interviewed, a fourth woman submitted sexual-harassment allegations against him, but he was not given the opportunity to respond to her allegations. Id. \u00b6 35 (Page #13). Peterson was also not notified that he could lose his emeritus status as a result of the investigation. Id. \u00b6 33 (Page #12). At the conclusion of the investigation, Peterson alleges that Ohio State wrote a report that omitted or changed his testimony, excluded or failed to obtain exculpatory information, and misstated witness testimony. Id. \u00b6\u00b6 38\u201340 (Page #14\u201317). The report concluded that Peterson violated Ohio State\u2019s Sexual Misconduct Policy 1.15. Id. \u00b6 42 (Page #17). On February 2, 2021, after receiving the report, Peterson contacted Ohio State to request a hearing prior to a final decision but did not receive a response. Id. \u00b6\u00b6 42\u201343 (Page #17\u201318). In May 2021, Kristina Johnson, President of Ohio State, recommended that Peterson\u2019s emeritus status be revoked based on the report, and the Board of Trustees accepted the recommendation. Id. \u00b6\u00b6 4, 46\u201347 (Page #3, 18). As a result of this, Peterson alleges that he was deprived of his emeritus status and all related benefits, his position at the Space Telescope Science Institute, his large Hubble Space Telescope science program, and his textbook contract with Cambridge University Press. Id. \u00b6 52 (Page #19). Peterson also alleges that he suffered permanent reputational damage and loss of earnings. Id. On January 24, 2022, Peterson filed a one-count complaint alleging that Johnson and McPheron violated his right to procedural due process when they revoked his emeritus status. R. 1 (Compl. \u00b6\u00b6 56\u201373) (Page #20\u201323). The defendants moved to dismiss the complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). R. 7 (Mot. to Dismiss at 1) (Page #35). The district court granted the motion to dismiss, finding that Peterson did not allege a constitutionally protected property interest because he was not entitled to his emeritus status and, even if he were, there was no meaningful change to his employment relationship with Ohio State. R. 27 (Dist. Ct. Order at 5\u20139) (Page #162\u201366). The district court dismissed the complaint without prejudice. Id. at 10 (Page #167). No. 23-3338 Peterson v. Johnson, et al. Page 4 A. Standard of Review We review de novo a district court\u2019s decision to grant a motion dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). See Gunasekera v. Irwin, 551 F.3d 461, 465\u201366 (6th Cir. 2009). To survive a motion to dismiss, a plaintiff must plead sufficient factual allegations \u201cto state a claim to relief that is plausible on its face.\u201d Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007 claim is facially plausible \u201cwhen the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.\u201d Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). B. Procedural Due Process2 State may not deprive persons of \u201clife, liberty, or property, without due process of law.\u201d U.S. CONST. amend \u00a7 1. To state a procedural-due-process claim, Peterson must establish \u201c(1) that [he] ha[s] a life, liberty, or property interest protected by the Due Process Clause of the Fourteenth Amendment . . . , (2) that [he] w[as] deprived of this protected interest within the meaning of the Due Process Clause, and (3) that the state did not afford [him] adequate procedural rights prior to depriving [him] of [his] protected interest.\u201d Gunasekera, 551 F.3d at 467 (alterations in original) (quoting Med Corp. v. City of Lima, 296 F.3d 404, 409 (6th Cir. 2002)). Peterson alleges that he had a property right in his emeritus status and all of its \u201crelated benefits.\u201d R. 1 (Compl. \u00b6 52) (Page #19). \u201cProperty interests . . . are not created by the Constitution. Rather they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law . . . .\u201d Bd. of Regents of State Colls. v. Roth, 408 U.S. 564, 577 (1972). \u201c\u2018[P]roperty\u2019 interests subject to procedural due process protection are not limited by a few rigid, technical forms,\u201d Perry v. Sindermann, 408 U.S. 593, 601 (1972); instead, \u201c[a] property interest can be created by a state statute, a formal 2Peterson argues that the district court improperly held him to a higher standard than is required under Federal Rule of Civil Procedure 12(b)(6). Appellant Br. at 15\u201316. Because we conclude on de novo review that Peterson has failed to state a claim for the reasons explained below, we need not address this argument. No. 23-3338 Peterson v. Johnson, et al. Page 5 contract, or a contract implied from the circumstances,\u201d as well as \u201cmutual understandings between the parties,\u201d Singfield v. Akron Metro. Hous. Auth., 389 F.3d 555, 565, 567 (6th Cir. 2004). To establish a property interest, Peterson must \u201chave a legitimate claim of entitlement to it.\u201d Med Corp., 296 F.3d at 409 (quoting Roth, 408 U.S. at 577). Although employees may establish a property interest in continued employment in certain circumstances, see, e.g., Roth, 408 U.S. at 578, Peterson\u2019s professional relationship with Ohio State does not fit cleanly into existing caselaw. Peterson retired on June 30, 2015, and maintained a relationship with Ohio State as an emeritus professor. R. 1 (Compl. \u00b6\u00b6 13, 15) (Page #6\u20137). Once retired, however, Peterson was no longer considered a tenured faculty member. Ohio Admin. Code \u00a7 3335-5-03(D) (stating that \u201c[t]enure is lost . . . by retirement\u201d). This is, therefore, not a case in which the employee was terminated. In this Circuit, not all adverse employment decisions short of termination raise procedural-due-process questions. See Crosby v. Univ. of Ky., 863 F.3d 545, 552\u201353 (6th Cir. 2017) (stating that, without more, \u201ctenured university professors d[o] not have a constitutionally protected property interest in administrative posts\u201d (alteration in original) (quoting Stringfield v. Graham, 212 F. App\u2019x 530, 538 (6th Cir. 2007) (per curiam)). Instead, to establish a property interest in this context, \u201cthere must be a substantial, tangible harm and a material change to an employee\u2019s status.\u201d Samad v. Jenkins, 845 F.2d 660, 662 (6th Cir. 1988). Typically, we consider whether the employee lost pay or tangible benefits. See Jackson v. City of Columbus, 194 F.3d 737, 749 (6th Cir. 1999) (\u201cBecause Jackson was neither terminated nor lost any pay or benefits, we find that he was not deprived of a constitutionally protected property interest.\u201d), abrogated on other grounds by Swierkiewicz v. Sorema N.A., 534 U.S. 506 (2002); Gunasekera, 551 F.3d at 468 (noting that, unlike Jackson, the plaintiff alleged that he lost a \u201csummer salary research stipend\u201d and benefits \u201csuch as a reduced teaching load\u201d). Here, Peterson does not allege that he lost pay3 or tangible benefits4 from Ohio State when it revoked his emeritus status and, therefore, we reserve for another case whether such 3Peterson does allege that he lost pay and professional opportunities as a result of the revocation, R. 1 (Compl. \u00b6 52) (Page #19), but he does not allege that these benefits were conferred by Ohio State and, therefore, this cannot form the basis of his property interest. See Paul v. Davis, 424 U.S. 693, 710\u201311 (1976) (explaining that No. 23-3338 Peterson v. Johnson, et al. Page 6 allegations would be sufficient to establish that emeritus status is a constitutionally protected property interest. He also does not identify any aspect of Ohio State\u2019s policies that confer pay or tangible benefits based on emeritus status. Indeed, the Code suggests the opposite. At Ohio State, emeritus status is an honorific title that is different in type from tenure-track faculty and non-tenure-track faculty. Ohio Admin. Code \u00a7 3335-5-19(C) (defining emeritus faculty as \u201can honor given in recognition of sustained academic contributions to the university\u201d). \u201cEmeritus faculty, in keeping with the honorific nature of the title, are not expected to perform faculty duties . . . nor do they retain the specific powers of the faculty . . . .\u201d Ohio Admin. Code \u00a7 3335- 5-36(C). Emeritus faculty do not vote in Ohio State governance decisions and do not \u201cparticipate in promotion and tenure matters[;]\u201d however, they \u201cmay have such other privileges as individual academic units or the university may provide.\u201d Id. Thus, the relevant policies do not confer any specific tangible benefits. Nonetheless, Peterson contends that his emeritus status is a constitutionally protected property interest because his \u201cemeritus status was necessary to his scholarship and standing in the academic community.\u201d Id. \u00b6 51 (Page #19). Specifically, Peterson alleges that \u201c[b]ased on [Ohio State\u2019s] report and revocation of Dr. Peterson\u2019s emeritus status, the organizations with which Dr. Peterson had relationships with to perform research, writing, and other work ended their relationship with him.\u201d Id. This, however, amounts to claiming a property interest in his professional reputation, which is an interest that is \u201cindistinguishable from [a] liberty interest claim based upon alleged injuries to [a plaintiff\u2019s] reputation.\u201d Med Corp., 296 F.3d at 415. We certain interests \u201cattain . . . constitutional status by virtue of the fact that they have been initially recognized and protected by state law\u201d and therefore, \u201cthe procedural guarantees of the Fourteenth Amendment apply whenever the State seeks to remove or significantly alter that protected status\u201d). 4In his reply brief, Peterson argues that, although he \u201cwas not teaching courses at [Ohio State] at the time his rights were revoked, he was using [Ohio State] facilities and resources for the research opportunities for which he alleged he was deprived, and emeritus faculty do at times teach courses for stipends.\u201d Reply Br. at 2\u20133. These facts, however, are not included in the complaint. The complaint does not state what Ohio State facilities and resources Peterson used and whether Ohio State retained discretion to revoke those resources. Cf. Ohio Admin. Code \u00a7 3335-5-36(C) (stating that emeritus professors \u201cmay have such other privileges as individual academic units or the university may provide\u201d). Without more, we cannot determine whether these additional facts would be sufficient to state a claim. See Phila. Indem. Ins. Co. v. Youth Alive, Inc., 732 F.3d 645, 649 (6th Cir. 2013) (stating that the complaint must include \u201c\u2018either direct or inferential allegations respecting all material elements\u2019 necessary for recovery under a viable legal theory\u201d (quoting Terry v. Tyson Farms, Inc., 604 F.3d 272, 275\u201376 (6th Cir. 2010))). No. 23-3338 Peterson v. Johnson, et al. Page 7 have previously \u201cexplain[ed] that before asserting\u201d a liberty interest in \u201creputation, good name, honor, [or] integrity\u201d a plaintiff is \u201crequired to show that he requested a name-clearing hearing and was denied that hearing.\u201d Quinn v. Shirey, 293 F.3d 315, 319, 322 (6th Cir. 2002). Peterson concedes that he has not requested a name-clearing hearing and, therefore, this benefit cannot form the basis of his procedural-due-process claim. Reply Br. at 2 (\u201c[T]here is no dispute that Dr. Peterson did not request a name-clearing hearing and he has never requested such relief.\u201d).5 Accordingly, we hold that Peterson has failed to state a claim because he has not adequately alleged a constitutionally protected property interest We therefore the judgment of the district court. 5Peterson also argues that his emeritus status is constitutionally protected because its revocation \u201cinvolved allegations of sexual misconduct\u201d and findings of sexual misconduct have a profound effect on \u201ca person\u2019s good name, reputation, honor, or integrity.\u201d Appellant Br. at 18\u201319 (quoting Doe v. Miami Univ., 882 F.3d 579, 600 (6th Cir. 2018)). In this context\u2014as opposed to student disciplinary decisions that deprived the student of access to the benefits of higher education in Miami University\u2014the allegations of sexual misconduct amount to reputational harm and, therefore, fail for the same reasons outlined above.", "8722_105.pdf": "From Casetext: Smarter Legal Research Peterson v. Johnson United States District Court, Southern District of Ohio Mar 21, 2023 2:22-cv-00276 (S.D. Ohio Mar. 21, 2023) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free 2:22-cv-00276 03-21-2023 M. PETERSON, PhD, Plaintiff, v M. JOHNSON, PhD, et al., Defendants Chelsey M. Vascura Magistrate Judge Sign In Search all cases and statutes... Opinion Case details 2/27/25, 6:42 Peterson v. Johnson, 2:22-cv-00276 | Casetext Search + Citator 1/11 This matter arises on Defendant Kristina M. Johnson's Motion to Dismiss Plaintiff's Complaint No. 7). For the reasons stated below, Defendant's motion is GRANTED. A. Factual Background Dr. Peterson is a former employee of the Ohio State University's Astronomy department No. 7, at 2 No. 11, at 2). Beginning his career at the University in 1979, Dr. Peterson worked his way up to become Chair of the Department of Astronomy, a position he held until his retirement in 2015 No. 11, at 2). Subsequent to his retirement, Dr. Peterson was granted the title of professor emeritus No. 7, at 2). This title \u201cis an honor given in recognition of sustained academic contributions to the university.\u201d O.A.C. 3335-5-19 (C). Peterson continued his research after retirement No. 7, at 2 No. 11, at 3). He also continued his relationship with OSU, returning in 2018 to teach full time No. 7, at 2 No. 11, at 3). However, during this time Peterson was not classified as part of the normal, tenured faculty No. 11, at 3). His return to the University lasted until 2021 No. 7, at 2- 3 No. 11, at 7). During these three years the University began receiving complaints *2 regarding Peterson No. 7, at 2-3 No. 11, at 3-5). Eventually, due to numerous complaints, the school launched a sexual harassment investigation into his conduct No. 7, at 3 No. 11, at 5). Based on the results of this investigation disciplined Peterson pursuant to its Sexual Misconduct Policy 1.15 No. 7, at 3-4 No. 11, at 8). Peterson was stripped of his professor emeritus title and terminated any relationship with him No. 7, at 3-4 No. 11, at 8). 2 Peterson points to numerous problems with OSU's investigation No. 11, at 5-7). He alleges that he was not informed of any investigation until after it had already commenced. (Id., at 5). Peterson also alleges flaws in the University's investigation and in its report that resulted in an unfair investigation. (Id.). Specifically, some of the missteps Peterson accuses the lead investigator of include \u201c(a) failing to include information Dr. Peterson provided in the investigation report; (b) failing to investigate if Dr. Peterson 2/27/25, 6:42 Peterson v. Johnson, 2:22-cv-00276 | Casetext Search + Citator 2/11 treated male employees similarly; (c) asking for names of or interviewing witnesses to support Dr. Peterson; (d) failing to conduct a thorough examination to support a finding that there was a long pattern of harassment; (e) including information that someone warned [Laura Lopez, an Assistant Professor of Astronomy at OSU, who would later accuse Dr. Peterson of sexual harassment] about Dr. Peterson without even asking for the source of this warning; (f) either not asking for or purposefully excluding from the report alleged correspondence documenting the harassment, but relying on it nonetheless; (g) failing to consider the modifications Dr. Peterson made following the discussion with the chair in 2018; (h) not investigating if the alleged harassment caused any actual harm; and (i) not interviewing other individuals who worked with Dr. Peterson during the alleged period of harassment No. 11, at 6). Aside from these mistakes, Peterson alleges numerous other investigative flaws. (Id., at 5-7). In sum, Peterson maintains the University *3 violated his due process rights by \u201c(a) not providing him notice of the allegations against him; (b) not affording him a fair investigation with neutral and unbiased investigators and decision makers; (c) not providing him a hearing and the right to cross-examination even though the case involved allegations of sexual misconduct and hinged on credibility determinations; and (d) investigating complaints outside the jurisdiction of the Sexual Misconduct Policy No. 11, at 9). 3 Although the title of professor emeritus does not come with pay, Peterson alleges that the University's decision to strip him of the title caused injury, nevertheless. Specifically, Peterson points to the following \u201cprotectable property interests\u201d that the University took from him \u201cwithout due process No. 11, at 8) \u201chis emeritus status at and all related benefits; (b) his position as Distinguished Visiting Astronomer at STScI; (c) loss of his large Hubble Space Telescope science program, which others will now complete and receive the recognition; (d) loss of his textbook contract with Cambridge University Press after six months of work on a second edition; and (e) permanent reputational damage and loss of earnings.\u201d 2/27/25, 6:42 Peterson v. Johnson, 2:22-cv-00276 | Casetext Search + Citator 3/11 (Id., at 8-9). B. Procedural Background On January 24, 2022, Plaintiff Bradley M. Peterson, PhD., filed a complaint in the Southern District of Ohio against Defendant Kristina M. Johnson, PhD and Bruce McPheron, PhD No. 1, at 3). Plaintiff sued each Defendant in both their individual and official capacities as representatives of the Ohio State University. Peterson's action stems from the University's decision to remove him from his position as professor emeritus. Defendant filed the instant motion to dismiss on April 15, 2022 No. 7). Plaintiff Johnson responded on May 20 No. 11). Finally, Defendant replied on May 31 No. 12). *4 4 C. Standard Federal Rule of Civil Procedure 12 authorizes dismissal of a lawsuit for \u201cfailure to state a claim upon which relief can be granted.\u201d Fed.R.Civ.P. 12(b)(6). To meet this standard, the complaint must allege sufficient facts to state a claim that is \u201cplausible on its face.\u201d Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007 claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.\u201d Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). In considering a Rule 12(b)(6) motion to dismiss, the Court construes the complaint in the light most favorable to the non-moving party, accepting as true all of plaintiff's factual allegations. Gunasekera v. Irwin, 551 F.3d 461, 466 (6th Cir. 2009). Nonetheless, the Court must read Rule 12(b)(6) in conjunction with Federal Rule of Civil Procedure 8(a), requiring a short and plain statement of the claim showing that the plaintiff is entitled to relief. Ogle v Home Loans Servicing LP, 924 F.Supp.2d 902, 907 (S.D. Ohio 2013). Thus, the pleading's factual allegations, assumed to be true, must do more than create mere speculation or suspicion of a legally cognizable claim; they must show entitlement to relief. 2/27/25, 6:42 Peterson v. Johnson, 2:22-cv-00276 | Casetext Search + Citator 4/11 Lloyd v. Pokorny, No. 2:20-cv-2928, 2020 U.S. Dist 162998 (S.D. Ohio Sep. 8, 2020). League of United Latin Am. Citizens v. Bredesen, 500 F.3d 523, 527 (6th Cir. 2007). Further, \u201cthe tenet that courts must accept a complaint's allegations as true is inapplicable to threadbare recitals of a cause of action's elements, supported by mere conclusory statements.\u201d Iqbal, 556 U.S. at 662. As such, while a plaintiff is not required to set forth detailed factual allegations at the pleading stage, a complaint must contain a basis upon which relief can be granted; a recitation of facts intimating the \u201cmere possibility of misconduct\u201d will not suffice. See id. at 679; Fed.R.Civ.P. 8(a). D. Analysis Defendant Johnson maintains that Plaintiff's action must be dismissed for failure \u201cto state a viable cause of action against Defendants for which he is entitled to relief No. 7, at 4). Defendant makes three arguments. First, Defendant contends the Court must \u201cdismiss Defendant McPheron in his official capacity from the instant matter,\u201d as McPheron is no longer employed *5 at OSU. (Id., at 9). Second, \u201cPlaintiff is unable to establish any change to his employment status with upon which his Fourteenth Amendment claim can survive No. 7, at 7). And finally, Defendant argues qualified immunity bars Plaintiff's suit against Johnson and McPheron in their individual capacities. (Id., at 8). Plaintiff, on the other hand, maintains that dismissal is not warranted No. 11, at 2). The Court agrees with Defendant. 5 a. Substitution As a threshold matter, the Court will deal with Defendant's third argument. Defendant claims the Court must dismiss Defendant McPheron in his official capacity, as he is no longer employed as Executive Vice President and Provost of No. 7, at 9). Defendant is correct that Defendant McPheron, in his official capacity, is no longer a proper defendant. However, rather than dismissing the action against McPheron, the Court will simply substitute him with his successor, Dr. Melissa Gilliam. \u201cAn action does not abate when a public officer who is a party in an official capacity dies, resigns, 2/27/25, 6:42 Peterson v. Johnson, 2:22-cv-00276 | Casetext Search + Citator 5/11 or otherwise ceases to hold office while the action is pending. The officer's successor is automatically substituted as a party. Later proceedings should be in the substituted party's name, but any misnomer not affecting the parties' substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.\u201d See Fed.R.Civ.P. 25(d). b. Fourteenth Amendment Defendant Johnson maintains Plaintiff's action must be dismissed because he cannot demonstrate any deprivation of rights guaranteed by the Fourteenth Amendment. Johnson argues Plaintiff lacks a \u201cconstitutionally protected property interest in his emeritus status No. 7, at 5). Plaintiff disagrees, arguing that emeritus status is a protectable property interest. *6 No. 11, at 11). This issue appears to be one of first impression. The Court could find no other example of any individual alleging a protected legal interest in their professor emeritus title. However, despite the lack of fact-specific precedent, *Peterson cannot sufficiently allege that he was deprived of a protected property interest without due process of law to withstand this Rule 12(b)(6) motion. 6 To \u201cprevail on the claim that he was unconstitutionally deprived of his property\u201d Peterson is required to prove he was entitled to a protected property interest. Gunasekera v. Irwin, 551 F.3d 461 (6th Cir.2009). Without such an interest, the claim cannot survive. Protected interests, while ensured by the Constitution, are not prescribed by it. Instead, they usually stem from state law. \u201cProperty interests, of course, are not created by the Constitution. Rather they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law - rules or understandings that secure certain benefits and that support claims of entitlement to those benefits.\u201d Bd. of Regents v. Roth, 408 U.S. 564, 5771972). Additionally, \u201cconstitutionally protected property interests can be created by either explicit or implied contractual terms.\u201d Ramsey v. Bd. of Educ., 844 F.2d 1268, 1271 (6th Cir. 1988). 1 1 Plaintiff must \u201c\u2018establish three elements; (1) that [he] ha[s] a life, liberty, or property interest protected by the Due Process Clause of the Fourteenth Amendment . . ., (2) that [he] w[as] deprived of this protected interest 2/27/25, 6:42 Peterson v. Johnson, 2:22-cv-00276 | Casetext Search + Citator 6/11 within the meaning of the Due Process Clause, and (3) that the state did not afford [him] adequate procedural rights prior to depriving [him] of [his] protected interest.'\u201d Gunasekera v. Irwin, 551 F.3d 461 (6th Cir.2009) citing Med Corp. v. City of Lima, 296 F.3d 404, 409 (6th Cir. 2002) (quoting Hahn v. Star Bank, 190 F.3d 708, 716 (6th Cir. 1999), cert. denied, 529 U.S. 1020, 120 S.Ct. 1423, 146 L.Ed.2d 314 (2000)). Here, Plaintiff does not cite to any state laws naming or implying a property interest in emeritus status. However, Plaintiff does cite to caselaw, making particular use of Smock v. Bd. *7 of Regents of Univ. of Michigan, 353 F.Supp.3d 651 (E.D.Mich.2018) and Gunasekera v. Irwin, 551 F.3d 461 (6th Cir. 2009). In those cases, employment privileges, sabbatical time and a summer stipend, were allegedly stripped from tenured professors without due process. Id. In each, courts found that these privileges were protected property interests. Plaintiff uses Smock and Gunasekera to argue that, like a sabbatical, his emeritus status was an employment privilege, and therefore a property interest. 7 Plaintiff's reliance on these two cases is misplaced, as both are distinguishable from the issue at hand. The plaintiffs in Gunasekera and Smock were employed by their Universities at the time of their discipline. \u201c[T]he plaintiffs in Gunasekera and Smock were tenured, employed faculty with their respective universities at the time they suffered their alleged discipline No. 12, at 3-4). As a condition of employment, both plaintiffs were entitled to certain privileges. Smock v. Bd. of Regents of Univ. of Michigan, 353 F.Supp.3d 651 (E.D.Mich.2018); Gunasekera v. Irwin, 551 F.3d 461 (6th Cir. 2009). The loss of these privileges altered Gunasekera and Smock's employment relationship with their universities. Peterson, on the other hand, was not employed, let alone tenured, by the University at the time he was disciplined No. 11, at 2). His loss of emeritus status did not alter his legal or contractual relationship with in any way. He was retired from before he was disciplined, and he remained retired after. Plaintiff's attempt to argue that emeritus status was a privilege he had earned through his long service to fails for lack of support No. 11, at 12). As Defendant points out, emeritus status is not in fact a privilege 2/27/25, 6:42 Peterson v. Johnson, 2:22-cv-00276 | Casetext Search + Citator 7/11 \u201cto which he was entitled... due to his former employment \u201cas a full-time tenured faculty member who dedicated over twenty-five years of service to OSU.\u201d Id. Instead, emeritus status is given discretionarily. OSU's bylaws support *8 this interpretation. They provide that professors \u201cmay request emeritus status upon retirement or resignation,\u201d not that professors are ever entitled to emeritus status. OSU's Bylaws & Rules, Ohio Admin. Code 3335-5-36 (A). Further, even after a professor has requested emeritus status, he/she is not entitled to the title. Their request could easily be denied. Emeritus status is \u201crecommended by the head, the dean, and the executive vice president and provost, and approved by the board of trustees.\u201d OSU's Bylaws & Rules, Ohio Admin. Code 3335-5-36 (B). 8 The bylaws also refer to emeritus status as an \u201chonorific,\u201d further cutting against the argument that it confers some type of employment relationship with the recipient. OSU's Bylaws & Rules, Ohio Admin. Code 3335-5-36 (C). Professors with the emeritus title \u201care not expected to perform faculty duties... nor do they retain the specific powers of the faculty.\u201d OSU's Bylaws & Rules, Ohio Admin. Code 3335-5-36 (C). These bylaws indicate emeritus status does not confer employment at OSU. As a discretionary honor that is not mandated or affected by the conditions of his employment, Plaintiff never had a protected property interest in his status. Even if Plaintiff did have a protected property interest in his emeritus status, his claim would still fail. To obtain relief, a plaintiff alleging a due process violation in the employment context must show that their employment status has been altered. \u201c[T]here must be a substantial, tangible harm and a material change to an employee's status before the employee possesses a viable \u00a7 1983 cause of action based upon the fourteenth amendment.\u201d Samad v. Jenkins, 845 F.2d 660 (6th Cir. 1988). There was no such change here. Plaintiff retired from in 2015 No. 11, at 2). His employment relationship with the University ended that year. The University's actions in 2021, stripping Peterson of his title, did not alter that relationship. Further, *9 9 As Plaintiff never had an entitlement to his emeritus status, Peterson cannot sufficiently allege that he was deprived of a protected property interest without due process of law to withstand this Rule 12(b)(6) motion. He 2/27/25, 6:42 Peterson v. Johnson, 2:22-cv-00276 | Casetext Search + Citator 8/11 cannot show his entitlement to relief. As such, Peterson's complaint is DISMISSED. c. Qualified Immunity Defendant Johnson maintains Plaintiff's action against Johnson and McPheron in their individual capacities must be dismissed because it is barred by qualified immunity. The Court need not decide this issue as Plaintiff's complaint failed to state any claim upon which relief may be granted. d. Name Clearing Further, Plaintiff is not entitled to an opportunity to clean his name name clearing hearing occurs \u201cwhen a \u2018nontenured employee shows that he has been stigmatized by the voluntary, public dissemination of false information in the course of a decision to terminate his employment.'\u201d Quinn v. Shirey, 293 F.3d 315, 320 (6 Circuit 2002) quoting Chilingirian v. Boris, 882 F.2d 200, 205 (6th Cir.1989). In such cases, \u201cthe employer is required to afford him an opportunity to clear his name.\u201d Id. Plaintiff is not entitled to such an opportunity here. th Name clearing requires more than reputational damage, it requires a change in employment or legal status. \u201c[D]efamation alone is not enough to trigger this constitutional protection; rather, the alleged damage must be tied to \u2018[s]ome alteration of a right or status \u2018previously recognized by state law.'\u201d Crosby v. University of Kentucky, 863 F.3d 545 (6th Cir. 2017) quoting Quinn, 293 F.3d at 319 (quoting Paul v. Davis, 424 U.S. 693, 711-12, 96 S.Ct. 1155, 47 L.Ed.2d 405). \u201cAmong the protected liberty interests are \u2018[a] person's reputation, good name, honor, and *10 integrity.'\u201d Kaplan v. University of Louisville, 10 F.4th 569 (6 Circuit 2021) (quoting Quinn v. Shirey, 293 F.3d 315, 319 (6th Cir. 2002)) (quoting Chilingirian v. Boris, 882 F.2d 200, 205 (6th Cir. 1989)). \u201cSome alteration of a right or status \u2018previously recognized by state law,' such as employment, must accompany the damage to reputation\u201d to make out a due process violation. Id. (quoting Paul v. Davis, 424 U.S. 693, 711, 96 S.Ct. 1155, 47 L.Ed.2d 405 (1976)).\u201d Kaplan v. University of Louisville, 10 F.4th 569 (6 Circuit 2021). 10 th th 2/27/25, 6:42 Peterson v. Johnson, 2:22-cv-00276 | Casetext Search + Citator 9/11 Here, as mentioned above, Peterson's employment status did not change when stripped him of his emeritus status. Further, emeritus status does not appear to be recognized by state law. Finally, as mentioned by OSU's own bylaws, emeritus status is merely \u201chonorific.\u201d OSU's Bylaws & Rules, Ohio Admin. Code 3335-5-36 (C). As such, the loss of an emeritus title is unlikely to constitute an alteration of a right or status as contemplated by the court in Crosby. Plaintiff's claim fails. E. Conclusion For the reasons stated above, Defendant's motion is No. 7). The Court Plaintiff's claim without prejudice. Further, the Court Defendant McPheron, in his official capacity, with his successor, Dr. Melissa Gilliam ORDERED. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings 2/27/25, 6:42 Peterson v. Johnson, 2:22-cv-00276 | Casetext Search + Citator 10/11 Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/27/25, 6:42 Peterson v. Johnson, 2:22-cv-00276 | Casetext Search + Citator 11/11"} |
7,608 | Jay Glosser | Tidewater Community College | [
"7608_101.pdf",
"7608_102.pdf",
"7608_103.pdf",
"7608_104.pdf",
"7608_102.pdf",
"7608_102.pdf"
] | {"7608_101.pdf": "websithost Discount 40% One Time BEACH, Va college professor was charged with trying to arrange the killing of a co-worker who had accused him of sexual harassment. sex The professor's former neighbor and a third man were also charged this week in the alleged plot against Kimberly Perez, a fellow professor at Tidewater Community College. Prosecutors said Jay Glosser, 53, an associate professor of information technology, planned the killing because he feared Perez's harassment complaint might cost him his job. He enlisted one-time neighbor Raymond Groves, 38, who owned a trucking company, according to state police testimony. F. Devin Scott, 33, who once worked for Groves, was then brought in to contact Perez, investigators said. The pair discussed charging Glosser $10,000 to $15,000 for the killing, and $3,000 to $4,000 for convincing her to withdraw her harassment complaint, Special Agent Jeffrey Durr of the Virginia State Police testified. Scott began threatening Perez, 42, by Professor accused of planning to kill co-worker who claimed sex sex harassment Author: JeffreyWolf Published: 1:03 June 9, 2006 Updated: 1:03 June 9, 2006 Meet Patches: a 9-month-o Saint Bernard mix Ad 1 of 1 Ad 1 of 1 \uf04b \uf04b 00:00 / 00:00 \uf026 \uf064 x 01/03/2025, 10:22 Professor accused of planning to kill co-worker who claimed sex harassment | 9news.com 1/3 phone this month, and she contacted police, according to testimony. In a sting, Perez pretended to drop off money for Scott to end the threats, Durr said. When Scott tried to pick up the money, police arrested him Tuesday. Authorities said that after Scott let them tape a conversation between him and Groves, Groves let them tape a conversation between himself and Glosser. Attorneys for the men denied the allegations. \"This is certainly out of character,\" Glosser attorney David Allmond said this week. All three were charged with conspiracy to commit murder. Glosser was ordered held without bond Friday, and Groves was granted $100,000 bond hearing was postponed for Scott, who was also charged with conspiracy to commit extortion. Container Homes | Search Ads | Sponsored New Container Houses In Bahawalpur: Take Look At The Prices Learn More Tips and Tricks | Sponsored Elderly Woman Lives in an Old Shed - Take a Peek Inside! Villas In Dubai | Search Ads | Sponsored Villas Prices In Dubai Might Be More Affordable Than You Think View Deals Villas in Dubai | Search Ads | Sponsored Villas For Sale in Dubai Might Surprise You Get Deals Here Are The New Kitchen Trends In Punjab (Click To See) 01/03/2025, 10:22 Professor accused of planning to kill co-worker who claimed sex harassment | 9news.com 2/3 Tips and Tricks | Sponsored Kitchen Remodeling | Search Ads | Sponsored Search Now Never Throw Away the Water After Boiling Eggs - The Reason is Genius Search warrant reveals new details about death of Gene Hackman and wife Betsy Arakawa Michelle Trachtenberg's cause of death: Officials provide update PCT200 Analyzer Contact Us ARTICLE... 01/03/2025, 10:22 Professor accused of planning to kill co-worker who claimed sex harassment | 9news.com 3/3", "7608_103.pdf": "By By UPDATED: UPDATED: August 7, 2019 at 8:07 August 7, 2019 at 8:07 Virginia Beach Virginia Beach The last of the three men charged in a murder- The last of the three men charged in a murder- for-hire plot against a Tidewater Community for-hire plot against a Tidewater Community College professor last year admitted his role and College professor last year admitted his role and was ordered to serve eight and a half years in was ordered to serve eight and a half years in Please, provide an email to continue reading this article Please, provide an email to continue reading this article for free. for free. You'll also receive our daily email newsletters with the latest You'll also receive our daily email newsletters with the latest headlines. headlines. Enter Email Address Continue Continue Last defendant in murder-for- Last defendant in murder-for- hire case sentenced hire case sentenced 01/03/2025, 10:24 Last defendant in murder-for-hire case sentenced \u2013 The Virginian-Pilot 1/16 By continuing, you agree to our By continuing, you agree to our Terms of Use Terms of Use, , Privacy Policy Privacy Policy,, and to receive emails from The Virginian-Pilot. and to receive emails from The Virginian-Pilot. Already have an account? Already have an account? Log in Log in Around the Web Around the Web Find Useful Knowledge Find Useful Knowledge Ethereal Search Engine Ethereal Search Engine 8 Reasons Your Car Insurance Rate 8 Reasons Your Car Insurance Rate Changes Changes 01/03/2025, 10:24 Last defendant in murder-for-hire case sentenced \u2013 The Virginian-Pilot 2/16 The Smart Approach to Selling Your The Smart Approach to Selling Your Home Home 4 Easy Tips to Keep Your Kids Safe 4 Easy Tips to Keep Your Kids Safe Online Online Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home 01/03/2025, 10:24 Last defendant in murder-for-hire case sentenced \u2013 The Virginian-Pilot 3/16 Unbox a Monthly Surprise of Fun for Unbox a Monthly Surprise of Fun for You and Your Pup! You and Your Pup! Tired of Cleaning out Your Gutters? Tired of Cleaning out Your Gutters? Get a Quote Today! Get a Quote Today! We've Got Your Eyes Covered - Find We've Got Your Eyes Covered - Find Your Perfect Pair! 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The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep Get Personalized Mortgage Advice Get Personalized Mortgage Advice Close to Home Close to Home 01/03/2025, 10:24 Last defendant in murder-for-hire case sentenced \u2013 The Virginian-Pilot 6/16 Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices Today Prescriptions - Compare Prices Today How Much Money Should You Have How Much Money Should You Have Before Hiring a Financial Advisor? Before Hiring a Financial Advisor? Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? 01/03/2025, 10:24 Last defendant in murder-for-hire case sentenced \u2013 The Virginian-Pilot 7/16 Access Low-interest Funds Access Low-interest Funds for Your Home Renovation for Your Home Renovation Get Ready to Rethink Your Workplace Get Ready to Rethink Your Workplace Shoe Game Shoe Game Test Your Hearing From The Comfort Test Your Hearing From The Comfort of Your Home of Your Home 01/03/2025, 10:24 Last defendant in murder-for-hire case sentenced \u2013 The Virginian-Pilot 8/16 The Surprising Link Between Your The Surprising Link Between Your Pillowcase and Aging Pillowcase and Aging Find Local and Heating Repair Find Local and Heating Repair Services Services Support Your Neighbors and Get Support Your Neighbors and Get Involved With Food Rescue Involved With Food Rescue 01/03/2025, 10:24 Last defendant in murder-for-hire case sentenced \u2013 The Virginian-Pilot 9/16 Achieve Total Peace of Mind With Achieve Total Peace of Mind With Ring Devices Ring Devices 9 Kinds of Ancestors You Could Find 9 Kinds of Ancestors You Could Find on Your Family Tree on Your Family Tree Tired of Cleaning out Your Gutters? Tired of Cleaning out Your Gutters? Get a Quote Today! Get a Quote Today! 01/03/2025, 10:24 Last defendant in murder-for-hire case sentenced \u2013 The Virginian-Pilot 10/16 Get Personalized Mortgage Advice Get Personalized Mortgage Advice Close to Home Close to Home Achieve Total Peace of Mind With Achieve Total Peace of Mind With Ring Devices Ring Devices Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices Today Prescriptions - Compare Prices Today 01/03/2025, 10:24 Last defendant in murder-for-hire case sentenced \u2013 The Virginian-Pilot 11/16 Look for Any High School Yearbook, Look for Any High School Yearbook, It's Free! It's Free! How Much Money Should You Have How Much Money Should You Have Before Hiring a Financial Advisor? Before Hiring a Financial Advisor? Find Local and Heating Repair Find Local and Heating Repair Services Services 01/03/2025, 10:24 Last defendant in murder-for-hire case sentenced \u2013 The Virginian-Pilot 12/16 Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home What You Need to Know About Car What You Need to Know About Car Loans Loans Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? 01/03/2025, 10:24 Last defendant in murder-for-hire case sentenced \u2013 The Virginian-Pilot 13/16 Unbox a Monthly Surprise of Fun for Unbox a Monthly Surprise of Fun for You and Your Pup! You and Your Pup! 4 Easy Tips to Keep Your Kids Safe 4 Easy Tips to Keep Your Kids Safe Online Online Support Your Neighbors and Get Support Your Neighbors and Get Involved With Food Rescue Involved With Food Rescue 01/03/2025, 10:24 Last defendant in murder-for-hire case sentenced \u2013 The Virginian-Pilot 14/16 Get Ready to Rethink Your Workplace Get Ready to Rethink Your Workplace Shoe Game Shoe Game Test Your Hearing From The Comfort Test Your Hearing From The Comfort of Your Home of Your Home The Smart Approach to Selling Your The Smart Approach to Selling Your Home Home 01/03/2025, 10:24 Last defendant in murder-for-hire case sentenced \u2013 The Virginian-Pilot 15/16 2007 2007 \ue907 \ue907December December \ue907 \ue90720 20 We've Got Your Eyes Covered - Find We've Got Your Eyes Covered - Find Your Perfect Pair! Your Perfect Pair! 01/03/2025, 10:24 Last defendant in murder-for-hire case sentenced \u2013 The Virginian-Pilot 16/16", "7608_102.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 24 Oct 2023 05:58:15 All snapshots from host share download .zip report bug or abuse Webpage Screenshot Ex-Professor Pleads Guilty to Charges in Murder-for-Hire Plot Against Colleague 20, 2007 former professor at Tidewater Community College was sentenced to eight and a half years in prison on Wednesday after pleading guilty to hiring hit men to bump off a colleague who had filed a sexual-harassment complaint against him. According to court testimony, Jay A. Glosser, an associate professor of information- systems technology at the college in Norfolk, Va., offered two men $3,000 to $4,000 to persuade Kimberly A. Perez, an associate professor in the same department, to withdraw her complaint, or, alternatively, $10,000 to \u201ctake her out,\u201d The Virginian- Pilot reported. The scheme quickly unraveled in a taped police sting in June 2006. Mr. Glosser pleaded guilty on Wednesday to conspiracy to commit murder for hire, solicitation, and conspiracy to commit extortion. Two co-conspirators received lesser sentences earlier this year. \u2014Paula Wasley We welcome your thoughts and questions about this article. Please email the editors or submit a letter for publication. FEATURED: Student-Success Resource Center Surviving as a Small College Big Bot on Campus Sign In Latest News Newsletters Letters Free Reports and Guides Professional Development Virtual Events Chronicle Store Chronicle Intelligence Find a Job Post a Job About Us Write for Us Work at The Chronicle Our Reporting Process Advertise With Us Brand Studio Commitment Statement Accessibility Statement Manage Your Account Manage Newsletters Individual Subscriptions Institutional Subscriptions Subscription & Account Contact Us Reprints & Permissions User Agreement Terms and Conditions Privacy Policy California Privacy Policy Do Not Sell My Personal Informa 1255 23rd Street, N.W. Washington, D.C. 20037 \u00a9 2023 The Chronicle of Higher Education Twitter Instagram Youtube Facebook Linkedin"} |
7,576 | Harry Keller | St. Olaf College | [
"7576_101.pdf",
"7576_102.pdf"
] | {"7576_101.pdf": "Case Law ( State Farm Fire and Cas. Co. v. Williams Decision Date 10 August 1984 Docket Number No. C7-83-1077,C7-83-1077 Citation 355 N.W.2d 421 Parties COMPANY, Appellant, v. Tony WILLIAMS, Defendant, Harry Keller, Respondent. Court Minnesota Supreme Court Your World of Legal Intelligence (/) United States | 1-800-335-6202 Document Cited authorities 8 Cited in 74 Precedent Map Related Page 421 355 N.W.2d 421 COMPANY, Appellant, v. Tony WILLIAMS, Defendant Harry Keller, Respondent. No. C7-83-1077. Supreme Court of Minnesota. Aug. 10, 1984. Syllabus by the Court 1. When an insured under a homeowner's insurance policy repeatedly inflicts nonconsensual sexual acts upon a physically disabled adult victim, intent by the insured to inflict bodily harm is inferred as a matter of law. 2. Since the intentional act exclusion and facts beyond the complaint indicate no coverage exists, the insurer has no duty to defend or indemnify the insured in either the declaratory judgment or main action. R.D. Blanchard, Laura S. Underkuffler, Minneapolis, for appellant. David Hvistendahl, Northfield, for Keller uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 Edward R. Soshnik, Minneapolis, for Williams. Considered and decided by the court en banc without oral argument. KELLEY, Justice. In this declaratory judgment action, appellant State Farm Fire and Casualty Company (State Farm) seeks to avoid its duties of defense and indemnity under a homeowner's insurance policy issued to respondent Harry Keller. In a separate action brought by Tony Williams (the main action), Williams alleges that Keller assaulted and battered him and inflicted emotional distress by committing nonconsensual sexual acts upon him. 1 The trial court held that State Farm had duties to defend and indemnify respondent in the main action and further that State Farm had a duty to pay reasonable attorney fees incurred by Keller in defense of the declaratory judgment and the main action. We reverse. Tony Williams was almost 23 years old at the time respondent Keller allegedly began committing nonconsensual sexual acts upon him. 2 Williams has suffered from cerebral palsy since birth. While dependent upon the use of a wheelchair, he nonetheless lived independently in an apartment in Northfield at the time of the alleged sexual acts. Respondent Keller was a professor of physics at St. Olaf College until shortly after the sexual encounters at issue ended, at which time he resigned from his position at St. Olaf. Although Williams has never been enrolled as a St. Olaf student, a computer programmer in the employ of the college helped Williams obtain a computer through the Minnesota Department of Vocational Rehabilitation to assist Williams in developing computer programming employment skills. This computer programmer introduced Williams to respondent Keller. Keller began visiting Williams at the latter's apartment in Northfield to discuss Williams' mathematical training and to help him to learn computer programming. These visits were generally on a weekly basis in 1980 and 1981. At various times during these weekly meetings, which occurred until June 1981, Keller engaged in oral sodomy and masturbation of Williams. Williams claims this conduct was offensive, that he never consented to it, and that he repeatedly urged Keller to stop it. Finally, Williams complained to the Northfield police in September 1981. Keller has admitted he had sexual contact with Williams but claims it only lasted from February through June 1981, and he likewise contends Williams consented to the activities. Appellant State Farm and respondent Keller entered into the following stipulation of facts: 1. That defendant Harry Keller intended to have sexual contacts with Tony Williams and to enter into a sexual relationship with him. The nature of the sexual activities is described in the parties' depositions which are incorporated herein by reference. 2. That defendant Keller did not intend to inflict bodily injury or mental suffering by reason of his sexual contacts with Tony Williams. 3. That Tony Williams did not sustain physical injury by reason of defendant Keller's sexual relations with him. 4. That defendant Keller did not intend to cause Tony Williams to have mental suffering. 5. That Tony Williams alleges that the sexual contacts made by defendant Keller were objectionable and accomplished without his consent. 6. That defendant Keller believed that all sexual contacts with Tony Williams were made with Williams' consent. 1. The State Farm homeowner's policy issued to respondent Keller contains the following liability insurance coverage uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 To continue reading Request your trial If a claim is made or a suit is brought against any insured for damages because of bodily injury or property damage to which this coverage applies, we will: a. pay up to our limit of liability for the damages for which the insured is legally liable; and b. provide a defense at our expense by counsel of our choice. We may make any investigation and settle any claim or suit that we decide is appropriate. Our obligation to defend any claim or suit ends when the amount we pay for damages resulting from the occurrence equals our limit of liability. This liability coverage, however, is subject to a standard intentional act exclusion which specifically denies coverage for \"bodily injury * * * which is expected or intended by the insured.\" 3 The policy defines bodily injury as \"bodily harm, sickness or disease, including required care, loss of services and death resulting therefrom.\" Respondent Keller claims that since State Farm has stipulated that \"Keller did not intend to inflict bodily injury,\" his specific intent is not a basis for excluding coverage. He relies on cases holding that coverage is precluded if the insured has specific intent to cause bodily injury or if the character of the act is such that an intention to inflict injury can be inferred as a matter of law. Iowa Kemper Insurance Co. v. Stone, 269 N.W.2d 885 (Minn.1978) ( Caspersen v. Webber, 298 Minn. 93, 213 N.W.2d 327 (1973) ( 895061873). State Farm asserts that specific intent to cause bodily injury is not required to exclude coverage in this case. It urges that Williams' claim in the main action based on assault and battery alleges an \"offensive contact\" battery as distinguished from a battery resulting in physical injury. Restatement (Second) Torts Sec. 18 (1965). The offensive contact itself is the bodily harm, claims State Farm; thus, in \"offensive contact\" batteries such as those alleged in the main action, even though not resulting in physical injury, this court should hold the intent to do the act excludes coverage, especially when the act involves the violation of a criminal statute, such as here. See Minn.Stat. Sec. 609.293, subd. 1 (1982) ( Although this court has never addressed the issue raised by State Farm in the context of an intentional sexual assault, we have held in other contexts that unintended injuries resulting from intentional acts are not within the intentional act exclusion. Farmers ( 888609882 uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 51 cases Search in 51 citing cases \uf014 State Auto Mut. Ins. Co. v. McIntyre ( United States U.S. District Court \u2014 Northern District of Alabama January 27, 1987 ...results were the same in a case involving nonconsensual sexual contact with a disabled adult by a counselor, State Farm Fire & Casualty Co. v. Williams, 355 N.W.2d 421 (Minn.1984), and repeated sexual assaults on a minor girl (from the time she was twelve until she was sixteen years of age)...... Fire Ins. Exchange v. Abbott ( United States California Court of Appeals September 23, 1988 ...misconduct with a minor. ( Fireman's Fund Ins. Co. v. Hill, supra, 314 N.W.2d 834, 835 (Minn.); accord State Farm Fire and Cas. Co. v. Williams (Minn.1984) 355 N.W.2d 421, 424--nonconsensual sexual assaults on a handicapped adult; Altena v. United Fire & Cas. Co., supra (Iowa), 422 N.W.2d 4 MUT. INS. v. Harvey ( mut-890352974) United States South Carolina Court of Appeals April 2, 1998 ...785 (1990). Minnesota: Horace Mann Ins. Co. v. Independent School District No. 656, 355 N.W.2d 413 (Minn.1984); State Farm Fire & Cas. Co. v. Williams, 355 N.W.2d 421 (Minn.1984); Lehmann v. Metzger, 355 N.W.2d 425 (Minn. 1984); Fireman's Fund Ins. Co. v. Hill, 314 N.W.2d 834 (Minn.1982); I...... American Family Mut. Ins. Co. v. Purdy ( 888645006) United States South Dakota Supreme Court April 29, 1992 ...144 Mich.App. 750, 376 N.W.2d 400 (1985); Estate of Lehmann by Lehmann v. Metzger, 355 N.W.2d 425 (Minn.1984); State Farm Fire & Cas. Co. v. Williams, 355 N.W.2d 421 (Minn.1984); Horace Mann Ins. Co. v. Ind. Sch. Dist., 355 N.W.2d 413 (Minn.1984); Fireman's Fund Ins. Co. v. Hill, 314 N.W.2d...... Request a trial to view additional results uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 1 books & journal articles Search in 1 citing books & journal articles \uf014 10.4 Sexual Misconduct ( United States State Bar of Arizona Liability Insurance Law Chapter 10 Intentional Misconduct (Sections 10.1 to 10.4) Invalid date ...413 (Minn. 1984) (\"sexual contacts\" inflicted upon minor student by school teacher-counselor); State Farm Fire & Cas. Co. v. Williams, 355 N.W.2d 421 (Minn. 1984) (non-consensual homosexual acts repeatedly inflicted upon physically disabled adult victim); Estate of Lehmann v. Metzger, 355 N...... 1-800-335-6202 Terms of use ( \u00a92025 vLex.com All rights reserved uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041", "7576_102.pdf": "State Farm Fire and Cas. Co. v. Williams 355 N.W.2d 421 (1984 COMPANY, Appellant, v. Tony WILLIAMS, Defendant, Harry Keller, Respondent. No. C7-83-1077. Supreme Court of Minnesota. August 10, 1984. *422 R.D. Blanchard, Laura S. Underkuffler, Minneapolis, for appellant. David Hvistendahl, Northfield, for Keller. Edward R. Soshnik, Minneapolis, for Williams. Considered and decided by the court en banc without oral argument. KELLEY, Justice. In this declaratory judgment action, appellant State Farm Fire and Casualty Company (State Farm) seeks to avoid its duties of defense and indemnity under a homeowner's insurance policy issued to respondent Harry Keller. In a separate action brought by Tony Williams (the main action), Williams alleges that Keller assaulted and battered him and inflicted emotional distress by committing nonconsensual sexual acts upon him.[1] The trial court held that State Farm had duties to defend and indemnify respondent in the main action and further that State Farm had a duty to pay reasonable attorney fees incurred by Keller in defense of the declaratory judgment and the main action. We reverse. 2/27/25, 6:43 State Farm Fire and Cas. Co. v. Williams :: 1984 :: Minnesota Supreme Court Decisions :: Minnesota Case Law :: Minnesota Law :: \u2026 1/5 *423 Tony Williams was almost 23 years old at the time respondent Keller allegedly began committing nonconsensual sexual acts upon him.[2] Williams has suffered from cerebral palsy since birth. While dependent upon the use of a wheelchair, he nonetheless lived independently in an apartment in Northfield at the time of the alleged sexual acts. Respondent Keller was a professor of physics at St. Olaf College until shortly after the sexual encounters at issue ended, at which time he resigned from his position at St. Olaf. Although Williams has never been enrolled as a St. Olaf student, a computer programmer in the employ of the college helped Williams obtain a computer through the Minnesota Department of Vocational Rehabilitation to assist Williams in developing computer programming employment skills. This computer programmer introduced Williams to respondent Keller. Keller began visiting Williams at the latter's apartment in Northfield to discuss Williams' mathematical training and to help him to learn computer programming. These visits were generally on a weekly basis in 1980 and 1981. At various times during these weekly meetings, which occurred until June 1981, Keller engaged in oral sodomy and masturbation of Williams. Williams claims this conduct was offensive, that he never consented to it, and that he repeatedly urged Keller to stop it. Finally, Williams complained to the Northfield police in September 1981. Keller has admitted he had sexual contact with Williams but claims it only lasted from February through June 1981, and he likewise contends Williams consented to the activities. Appellant State Farm and respondent Keller entered into the following stipulation of facts: 1. That defendant Harry Keller intended to have sexual contacts with Tony Williams and to enter into a sexual relationship with him. The nature of the sexual activities is described in the parties' depositions which are incorporated herein by reference. 2. That defendant Keller did not intend to inflict bodily injury or mental suffering by reason of his sexual contacts with Tony Williams. 3. That Tony Williams did not sustain physical injury by reason of defendant Keller's sexual relations with him. 4. That defendant Keller did not intend to cause Tony Williams to have mental suffering. 5. That Tony Williams alleges that the sexual contacts made by defendant Keller were objectionable and accomplished without his consent. 6. That defendant Keller believed that all sexual contacts with Tony Williams were made with Williams' consent. 1. The State Farm homeowner's policy issued to respondent Keller contains the following liability insurance coverage: 2/27/25, 6:43 State Farm Fire and Cas. Co. v. Williams :: 1984 :: Minnesota Supreme Court Decisions :: Minnesota Case Law :: Minnesota Law :: \u2026 2/5 If a claim is made or a suit is brought against any insured for damages because of bodily injury or property damage to which this coverage applies, we will: a. pay up to our limit of liability for the damages for which the insured is legally liable; and b. provide a defense at our expense by counsel of our choice. We may make any investigation and settle any claim or suit that we decide is appropriate. Our obligation to defend any claim or suit ends when the amount we pay for damages resulting from the occurrence equals our limit of liability. This liability coverage, however, is subject to a standard intentional act exclusion which specifically denies coverage for \"bodily injury * * * which is expected or intended by the insured.\"[3] The policy defines *424 bodily injury as \"bodily harm, sickness or disease, including required care, loss of services and death resulting therefrom.\" Respondent Keller claims that since State Farm has stipulated that \"Keller did not intend to inflict bodily injury,\" his specific intent is not a basis for excluding coverage. He relies on cases holding that coverage is precluded if the insured has specific intent to cause bodily injury or if the character of the act is such that an intention to inflict injury can be inferred as a matter of law. Iowa Kemper Insurance Co. v. Stone, 269 N.W.2d 885 (Minn.1978); Caspersen v. Webber, 298 Minn. 93, 213 N.W.2d 327 (1973). State Farm asserts that specific intent to cause bodily injury is not required to exclude coverage in this case. It urges that Williams' claim in the main action based on assault and battery alleges an \"offensive contact\" battery as distinguished from a battery resulting in physical injury. Restatement (Second) Torts \u00a7 18 (1965). The offensive contact itself is the bodily harm, claims State Farm; thus, in \"offensive contact\" batteries such as those alleged in the main action, even though not resulting in physical injury, this court should hold the intent to do the act excludes coverage, especially when the act involves the violation of a criminal statute, such as here. See Minn.Stat. \u00a7 609.293, subd. 1 (1982). Although this court has never addressed the issue raised by State Farm in the context of an intentional sexual assault, we have held in other contexts that unintended injuries resulting from intentional acts are not within the intentional act exclusion. Farmers Insurance Exchange v. Sipple, 255 N.W.2d 373, 376 (Minn.1977); Caspersen, 298 Minn. at 98, 213 N.W.2d at 330. However, coverage may still be precluded under the \"intentional act\" exclusion if the character of the insured's act is such that the court must exclude coverage as a matter of law. In Fireman's Fund Insurance Co. v. Hill, 314 N.W.2d 834 (Minn.1982), we inferred intent to cause bodily injury as a matter of law when an insured foster father sexually 2/27/25, 6:43 State Farm Fire and Cas. Co. v. Williams :: 1984 :: Minnesota Supreme Court Decisions :: Minnesota Case Law :: Minnesota Law :: \u2026 3/5 molested a foster child over several months, inflicting mental pain and anguish. Likewise, we have inferred intent to cause bodily injury as a matter of law when a high school teacher-coach-chemical dependency counselor sexually abused a female student on his basketball team whom he also counseled regarding drug abuse. Horace Mann Insurance Co. v. Independent School District No. 656, 355 N.W.2d 413 (Minn.1984), filed herewith. Both of those cases involved sexual assaults on minors by persons in authority over them. Does the fact that Williams, the victim, was an adult distinguish this case? We think not. Neither the insured nor the insurer in entering into the insurance contract contemplated coverage against claims arising out of non-consensual sexual assaults. On the other hand, if the sexual contacts were consensual, as asserted by respondent Keller, there would be no assault and hence no claim for recovery. Moreover, Williams was physically incapacitated, and Keller, at least an apparent authority figure, took advantage of Williams' physical disability under the guise of counseling Williams. In such circumstances, as in Hill and Horace Mann, we will infer an intent to cause bodily injury as a matter of law, thereby precluding Keller's intentional acts from coverage under his homeowner's policy. The trial court ordered State Farm to defend the main action and to pay Keller's reasonable attorney fees in this action. The obligation to defend is generally determined by allegations of the complaint. Republic Vanguard Insurance Co. v. Buehl, 295 Minn. 327, 332, 204 N.W.2d 426, 429 (1973). Notwithstanding the general rule, there is no duty on the part of the insurer to defend \"when it is established by the *425 insurer that the facts are such that there is no coverage under the policy for any resulting liability.\" Farmers & Merchants State Bank v. St. Paul Fire & Marine Insurance Co., 309 Minn. 14, 21, 242 N.W.2d 840, 844 (1976). Accordingly, where, as in the instant case, discovery and stipulated facts reveal the true nature of the main action, a court may go beyond the pleadings to determine whether the uncontradicted facts bring the case outside the coverage of the insurance policy. An examination of the complaint, the depositions, and the stipulated statement of facts clearly shows that the claim in the main action is based upon the intentional act of nonconsensual assault.[4] Inasmuch as we conclude the character of Keller's acts is such that an intention to inflict bodily injury can be inferred as a matter of law, it follows that Keller's acts come within the intentional act exclusion of the homeowner's policy. If, as a matter of law, there is no duty to indemnify, there exists no duty to defend the main action. Farmers & Merchants State Bank, 309 Minn. at 21, 242 N.W.2d at 844. Because the insured Keller did not prevail in the declaratory judgment action, State Farm is not liable to pay his reasonable attorney fees in defending the declaratory judgment action. The judgment of the 2/27/25, 6:43 State Farm Fire and Cas. Co. v. Williams :: 1984 :: Minnesota Supreme Court Decisions :: Minnesota Case Law :: Minnesota Law :: \u2026 4/5 district court in favor of respondent Keller is vacated and the case is remanded for entry of judgment in favor of appellant State Farm. Reversed and remanded. COYNE, J., took no part in the consideration or decision of this case [1] The allegation of negligent infliction of emotional distress was amended to claim intentional infliction by order dated September 7, 1983, subsequent to the appeal in this action. In addition, Williams in the main action alleged negligent acts by St. Olaf College, the employer of Keller. The claims against St. Olaf are not involved in this appeal. [2] The parties entered into a stipulation of facts. This stipulation was \"accepted\" by the trial judge, who additionally made his own findings of fact based upon the stipulation as well as the depositions in the record. [3] Other prior intentional act exclusion cases involve provisions which excluded acts \"caused intentionally.\" This court has already concluded there is no substantial distinction in meaning between the two versions of the clause. Continental W. Ins. Co. v. Toal, 309 Minn. 169, 174 n.1, 244 N.W.2d 121, 124 n.1 (1976); Iowa Kemper Ins. Co. v. Stone, 269 N.W.2d 885, 887 n.3 (Minn.1978). [4] In Paragraph of the original complaint, Williams alleged that Keller \"unlawfully, negligently, willfully, and wantonly inflicted\" specified damages. However, following the trial court's order and judgment denying State Farm declaratory relief, Williams amended that paragraph to eliminate the allegation of negligence, thereby acknowledging that his claim was based solely on an intentional nonconsensual sexual assault by Keller. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/27/25, 6:43 State Farm Fire and Cas. Co. v. Williams :: 1984 :: Minnesota Supreme Court Decisions :: Minnesota Case Law :: Minnesota Law :: \u2026 5/5"} |
8,562 | Robert Pittman | Michigan State University | [
"8562_101.pdf"
] | {"8562_101.pdf": "LANSING, Mich retired Michigan State University professor who admitted to sexually touching a subordinate employee without consent nearly 20 years ago pleaded guilty to a sexual assault charge. Former professor Robert Pittman on Wednesday pleaded guilty to fourth-degree criminal sexual conduct for assaulting Vance Kincaid in 1999 just before Pittman retired and moved to California believed that a co-worker of mine was willing for me to approach him and to allow his pants to be unzipped and his penis briefly touched in a sexual way,\u201d Pittman said during his plea hearing Wednesday now realize was mistaken and that it was not consensual.\u201d The Associated Press doesn\u2019t identify victims of sexual assault, but Kincaid has spoken out publicly. Kincaid testified in court last year that between 1997 and 1999, Pittman, his supervisor at the time, invaded his personal space and experienced unwanted touching that became more persistent, the Lansing State Journal reported. In June 1999, Kincaid was working alone in an office when Pittman grabbed the back of his head with both hands and kissed him, placing Pittman\u2019s tongue inside his mouth, according to Kincaid\u2019s testimony. Pittman unzipped Kincaid\u2019s pants despite attempts to push him away, Kincaid said. Pittman proceeded to put his hand down Kincaid\u2019s pants and touched his genitals, Kincaid testified key evidence in the case was a confession from Pittman during a phone call Kincaid made while an police detective was present. Pittman said it was during that call that he realized his contact with Kincaid was not consensual and acknowledged he didn\u2019t ask for consent. Ex-Michigan State professor pleads guilty to sexual assault Updated 4:00 CST, March 5, 2020 Economic blackout Harsh flu season Live: Trump administration Gene Hackman found dead Trump tariffs 2/27/25, 6:44 Ex-Michigan State professor pleads guilty to sexual assault News 1/4 The retired professor faces up to two years in prison for the fourth-degree criminal sexual conduct charge, which is a high court misdemeanor. Initially, though, he faced up to 15 years, but prosecutors opted to dismiss a felony charge of second-degree criminal sexual conduct, a misdemeanor assault and battery charge. Pittman\u2019s sentencing is scheduled for April 8. After Wednesday\u2019s hearing, Kincaid said MSU\u2019s response to the case has been more stressful than the legal process itself, calling human resources \u201cpurveyors of institutional protection.\u201d \u201cThe university continues to put me through the wringer,\u201d Kincaid said. \u201cThey\u2019re treating my advocacy as being unprofessional didn\u2019t immediately respond to The Associated Press\u2019 request for comment Thursday 2/27/25, 6:44 Ex-Michigan State professor pleads guilty to sexual assault News 2/4 Gene Hackman, found dead at 95, was one of Hollywood\u2019s most respected actors Influencer Tate brothers, who face human trafficking charges in Romania, arrive in the Oscar-winner Gene Hackman, wife Betsy Arakawa and their dog were dead for some time, warrant shows No big new revelations in Justice Department\u2019s release of Jeffrey Epstein files 1 2 3 4 2/27/25, 6:44 Ex-Michigan State professor pleads guilty to sexual assault News 3/4 Trump administration says it\u2019s cutting 90% of foreign aid contracts 5 2/27/25, 6:44 Ex-Michigan State professor pleads guilty to sexual assault News 4/4"} |
8,715 | Magdi Selim | Louisiana State University | [
"8715_101.pdf",
"8715_101.pdf"
] | {"8715_101.pdf": ""} |
7,350 | Earnest W. Porta Jr. | Georgetown University | [
"7350_101.pdf"
] | {"7350_101.pdf": "The Hoya \u2022 September 10, 2002 \u2022 against-gu/ Woman Wins $1.09M In Case Against By Rebecca Regan-Sachs After a five-year court battle, a jury awarded a former Georgetown employee $90,000 in compensatory damages and back pay and $1 million in punitive damages last Thursday when it found that her supervisor at Georgetown\u2019s Office of Treasury Services sexually harassed her during her employment there. Monica Estes was the university\u2019s cash manager in the Division of Financial Affairs from 1993 to December 1996, when she was fired. According to a transcript of the trial proceedings, the jury found that Estes was \u201csubjected to a sexually hostile work environment\u201d and was \u201cdischarged in retaliation for engaging in protected activity.\u201d According to her lawyer, Debra Katz, Estes\u2019s supervisor, Earnest Porta, maintained a \u201clocker room environment\u201d in the office and increased the harassment when Estes complained to university officials. Ultimately, Katz said, \u201ca series of reasons were manufactured\u201d to fire her. Georgetown maintained that no laws were violated. \u201cWe are disappointed and surprised by the jury\u2019s verdict last week,\u201d Assistant Vice President for Communications Julie Green Bataille said in a written press statement. \u201cWe believe strongly in the lawfulness of Georgetown University and the actions of the employee in this case.\u201d Estes\u2019s suit, filed in 1997, alleges that Porta made several sexually suggestive comments to female employees and encouraged a work environment rife with sexual comments, vulgarity and innuendo, starting in 1995 when he became director of treasury services. He has since been promoted to acting vice president and treasurer. Her original suit charged that Estes had been passed over for promotions and responsibilities because of her gender and because of a pregnancy and subsequent childbirth trial judge had earlier dismissed these allegations along with a charge that Georgetown officials intentionally inflicted emotional distress feel incredibly vindicated,\u201d Estes said in a statement released by her lawyer\u2019s firm jury of my peers has done for me what Georgetown had steadfastly refused to do \u2013 to state unequivocally that the behavior to which was subjected was wrong, unacceptable and illegal. Hopefully, the jury\u2019s message will be loud enough for Georgetown to finally listen.\u201d The case included eight days of evidence in which the court heard testimony from former Georgetown employees and Porta\u2019s wife, Katz said. An 11-member jury deliberated for five and a half hours before reaching the verdict, she said. \u201cThe jury\u2019s verdict trumps Georgetown\u2019s retaliatory discharge of Monica and will let her get on with her life,\u201d Estes\u2019s co-counsel, Joseph A. Yablonski, said in a press release. \u201cMy only regret is that Georgetown\u2019s insurer will pick up the tab rather than the university itself.\u201d Green Bataille said in a Sept. 9 Chronicle of Higher Education article that Georgetown has had a sexual harassment policy since 1995, and university officials do not believe it was violated. Georgetown\u2019s policy defines sexual harassment as, \u201cany unwelcome sexual advance, request for sexual favors or other verbal or physical of a sexual nature\u201d under certain conditions, including when it interferes with an individual\u2019s performance at work or creates a hostile working environment. It also states that supervisors bear an \u201cimportant responsibility\u201d to deter and investigate any sexual harassment complaints brought to their attention. According to a press release drafted by Estes\u2019s lawyers\u2019 firm, Estes reported concerns about sexual harassment, gender-based wage inequities and disciplinary standards to Porta, the Employee Assistance Program, the Human Resources Department and the former university president. Rather than take corrective measures, the release says, \u201cthey joined ranks to manufacture a pre-textual basis to fire her.\u201d According to a Hoya article published Feb. 14, 1997, Estes\u2019s suit stemmed from her complaints that co-workers posted pictures of scantily clad women and used her office computer to access pornographic material online. Estes said in the article that Porta wrote an unsubstantiated negative evaluation of her work performance after she returned from maternity leave. \u201cGeorgetown\u2019s consistent position is that they did nothing wrong,\u201d Katz said. \u201cBut a jury of 11 people disagreed entirely.\u201d \u201cWe are evaluating our post trial options and expect to seek some form of relief, including appeal if necessary,\u201d Green Bataille said. \u201cWe continue to believe that the employee and the university acted lawfully.\u201d"} |
7,561 | Sterling Cossaboom | Southeast Missouri State University | [] | {} |
7,874 | Suresh Pushkarna | Valencia College | [
"7874_101.pdf"
] | {"7874_101.pdf": "By By UPDATED: UPDATED: April 6, 2019 at 7:57 April 6, 2019 at 7:57 Valencia College adjunct professor retired to avoid getting fired after he Valencia College adjunct professor retired to avoid getting fired after he was accused of touching a student\u2019s buttocks and kissing her on the cheek, was accused of touching a student\u2019s buttocks and kissing her on the cheek, documents released this week show. documents released this week show. The allegations stem from Oct. 12 when a student met with Suresh Pushkarna The allegations stem from Oct. 12 when a student met with Suresh Pushkarna about a term paper after class at the Osceola County campus. She talked about a term paper after class at the Osceola County campus. She talked about how God was important in her life and if she should write about about how God was important in her life and if she should write about personal experiences. personal experiences. That\u2019s when the student claimed the psychology professor leaned in closely, That\u2019s when the student claimed the psychology professor leaned in closely, making her feel uncomfortable, and touched her bottom three times, making her feel uncomfortable, and touched her bottom three times, according to a Kissimmee Police report. according to a Kissimmee Police report. The professor, who was smiling, hugged her and kissed her on the cheek The professor, who was smiling, hugged her and kissed her on the cheek twice, the student told authorities. twice, the student told authorities. Top Videos South Africa's openly gay imam remembered at pride march Valencia professor retires after Valencia professor retires after allegations he touched student allegations he touched student 01/03/2025, 10:52 Valencia professor retires after allegations he touched student \u2013 Orlando Sentinel 1/24 -00:00 felt as if had no escape,\u201d the woman said in a Valencia College incident felt as if had no escape,\u201d the woman said in a Valencia College incident report. report. Pushkarna disputed the allegations and said it was the first complaint filed Pushkarna disputed the allegations and said it was the first complaint filed against him in his 20-year teaching career. against him in his 20-year teaching career respect and care for my students,\u201d Pushkarna wrote in an email that was respect and care for my students,\u201d Pushkarna wrote in an email that was released as part of the investigation. \u201cIt seems like am becoming victim to released as part of the investigation. \u201cIt seems like am becoming victim to the lies and omission of key facts.\u201d the lies and omission of key facts.\u201d He said the student opened up about a difficult time, and he patted her back He said the student opened up about a difficult time, and he patted her back to comfort her, a move which he claimed she reciprocated. to comfort her, a move which he claimed she reciprocated. The student reported the allegations to the college, which investigated and The student reported the allegations to the college, which investigated and placed him on administrative leave with pay on Oct. 14. The college placed him on administrative leave with pay on Oct. 14. The college determined he had violated school policy for sexual harassment and determined he had violated school policy for sexual harassment and discrimination and he unsuccessfully appealed, according to a college letter discrimination and he unsuccessfully appealed, according to a college letter written last month. written last month. Pushkarna, who started at Valencia in 1996, retired after the accusations Pushkarna, who started at Valencia in 1996, retired after the accusations surfaced. surfaced. Read More Read More 00:00 00:00 02:40 02:40 01/03/2025, 10:53 Valencia professor retires after allegations he touched student \u2013 Orlando Sentinel 2/24 Originally Published: Originally Published: March 14, 2016 at 5:17 March 14, 2016 at 5:17 [email protected] or 407-420-5470 [email protected] or 407-420-5470 Around the Web Around the Web 01/03/2025, 10:53 Valencia professor retires after allegations he touched student \u2013 Orlando Sentinel 3/24 Find Useful Knowledge Find Useful Knowledge Ethereal Search Engine Ethereal Search Engine The Surprising Link Between Your The Surprising Link Between Your Pillowcase and Aging Pillowcase and Aging Look for Any High School Yearbook, Look for Any High School Yearbook, It's Free! 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Get a Quote Today! 01/03/2025, 10:53 Valencia professor retires after allegations he touched student \u2013 Orlando Sentinel 16/24 Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices Today Prescriptions - Compare Prices Today How Long Does $1 Million Last After How Long Does $1 Million Last After 60? 60? Achieve Total Peace of Mind With Achieve Total Peace of Mind With Ring Devices Ring Devices 01/03/2025, 10:53 Valencia professor retires after allegations he touched student \u2013 Orlando Sentinel 17/24 We've Got Your Eyes Covered - Find We've Got Your Eyes Covered - Find Your Perfect Pair! Your Perfect Pair! Test Your Hearing From The Comfort Test Your Hearing From The Comfort of Your Home of Your Home Should You Buy an Electric Car? Should You Buy an Electric Car? 01/03/2025, 10:53 Valencia professor retires after allegations he touched student \u2013 Orlando Sentinel 18/24 Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? How Much Money Should You Have How Much Money Should You Have Before Hiring a Financial Advisor? Before Hiring a Financial Advisor? 8 Reasons Your Car Insurance Rate 8 Reasons Your Car Insurance Rate Changes Changes 01/03/2025, 10:53 Valencia professor retires after allegations he touched student \u2013 Orlando Sentinel 19/24 The Surprising Link Between Your The Surprising Link Between Your Pillowcase and Aging Pillowcase and Aging Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home Find Local and Heating Repair Find Local and Heating Repair Services Services 01/03/2025, 10:53 Valencia professor retires after allegations he touched student \u2013 Orlando Sentinel 20/24 Look for Any High School Yearbook, Look for Any High School Yearbook, It's Free! It's Free! Access Low-interest Funds Access Low-interest Funds for Your Home Renovation for Your Home Renovation Support Your Neighbors and Get Support Your Neighbors and Get Involved With Food Rescue Involved With Food Rescue 01/03/2025, 10:53 Valencia professor retires after allegations he touched student \u2013 Orlando Sentinel 21/24 What You Need to Know About Car What You Need to Know About Car Loans Loans The Smart Approach to Selling Your The Smart Approach to Selling Your Home Home Unbox a Monthly Surprise of Fun for Unbox a Monthly Surprise of Fun for You and Your Pup! You and Your Pup! 01/03/2025, 10:53 Valencia professor retires after allegations he touched student \u2013 Orlando Sentinel 22/24 Get Ready to Rethink Your Workplace Get Ready to Rethink Your Workplace Shoe Game Shoe Game The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep 9 Kinds of Ancestors You Could Find 9 Kinds of Ancestors You Could Find on Your Family Tree on Your Family Tree 01/03/2025, 10:53 Valencia professor retires after allegations he touched student \u2013 Orlando Sentinel 23/24 2016 2016 \ue907 \ue907March March \ue907 \ue90714 14 01/03/2025, 10:53 Valencia professor retires after allegations he touched student \u2013 Orlando Sentinel 24/24"} |
7,343 | Matthew Maguire | Fordham University | [
"7343_101.pdf"
] | {"7343_101.pdf": "The Student Voice of Fordham Lincoln Center The Observer \u2022 March 29, 2017 \u2022 professor/ S.A.G.E.S. Takes On Professor By This week, students began speaking out about the Theatre Department director, Matthew Maguire. The tenured professor of 25 years, who currently teaches two classes per semester and advises students, recently settled a lawsuit brought by a former assistant professor which sought damages for sex discrimination and sexual harassment. The New York Post cited Kris Stone\u2019s documentation as claiming that Maguire \u201cmade sure all his colleagues knew he was in an open marriage and consistently devoted \u2018the first 20 minutes\u2019 of each faculty meeting to a \u2018monologue\u2019 about sex,\u201d as well as \u201c[forced] \u2018attractive female students\u2019 and faculty advisers to go on dates with him,\u201d and \u201crequired \u2018some students in his acting classes to perform in class acts of rape, masturbation and molestation\u201d and \u201cto perform acts of simulated anal sex on stage.\u201d According to New York Daily News, the accusations also included that Maguire talked about sex \u201cnearly every time Stone saw [him],\u201d \u201coften boasted to her that he had slept with \u2018hundreds of women\u2019\u201d and volunteered \u201cthat he had \u2018masturbated with a snake.\u2019\u201d Fordham University denied the allegations and called them \u201cdeliberately provocative,\u201d saying that the denial of Stone\u2019s reappointment inspired her suit. On Feb. 15, a $20,000 settlement was reached in Manhattan Supreme Court. It included a gag order which silences any discussion of the case by Stone, whose position was not renewed in 2014. The Fordham administration did not notify students. Maguire is a well-known playwright, director and actor in the theatre department New York Times profile on his one-man autobiographical 2010 show \u201cWild Man\u201d described his play as \u201caffable, absorbing [and] buzz-inducing\u201d and the man himself as \u201can appealing, talented performer.\u201d In a rollicking Observer interview from 2010 about his one-man autobiographical show \u201cWild Man,\u201d Maguire said his \u201cdrug of choice\u201d was \u201clust.\u201d Murmurs about Maguire\u2019s case have prompted action by students anonymously, and attention from unofficial group Students for Sex and Gender Equity and Safety Coalition (SAGES). On March 21, article printouts were left in public areas such as the Ram Cafe and the student lounge, with headlines like \u201cHorny professor made students simulate sex in class: lawsuit\u201d and \u201cFordham University theater professor Matthew Maguire boasted about \u2018masturbating with a snake,\u2019 made students act out sex, rape scenes in class, suit charges.\u201d This effort to increase visibility was met with curiosity and sparked discussion amongst students. One student said guess somebody\u2019s got beef with Matt,\u201d while another exclaimed instantly, \u201cOh yeah, that guy\u2019s a dick.\u201d Over the last few weeks members have spoken informally with members of the student body about the settlement lot of students reached out to professors individually, saying they were generally feeling unsafe,\u201d one member said. \u201cWhat they found was that a lot of professors didn\u2019t know about it. And we found that really disturbing.\u201d Representatives from SAGES, who wished to remain anonymous, said that the group planned to attend a theatre department meeting on Monday, March 27. It was meant to be \u201ca full conversation about how Title works, particularly with regards to the Fordham Theatre Program,\u201d and the department email strongly advised all students in the program to come. Fordham\u2019s Title Coordinator and Director of Institutional Equity and Compliance Anastasia Coleman was to be in attendance to answer questions. The morning of, the department emailed to tell would-be attendees that the Title Coordinator would no longer be available due to a \u201cTitle emergency\u201d and that the meeting would be postponed. No date was given. The members said they plan to engage the theatre department in a dialogue about sexual threats on campus and administrative transparency. \u201cNow that [coverage of the settlement] seems to have died down people want to claim that there are no problems, but it doesn\u2019t mean that students are now safe,\u201d they said. They also are asking the university to speak out about similar cases in future. \u201cWe\u2019re not allowed to let other students know about what\u2019s going on and that\u2019s really unfortunate,\u201d they said. \u201cAll of this comes out in student networks, like \u2018Avoid this guy because he\u2019s an abuser,\u2019 when it should be the university sending out emails that \u2018someone was assaulted on campus today.\u2019 But we just get emails about petty theft or students who play the card games in the street. Crimes happen here. Crimes are committed by our students and crimes are committed by our faculty.\u201d According to the Post, the settlement included no admission of guilt by Maguire or the university. The representatives said they wanted to open discussion not because they want to say the ruling should have been different, but because they ask the school to increase transparency with student safety issues to include informing the community about student safety cases that do not fall under confidentiality rules \u2014 which would apply if the case were under Title IX. This case was filed publicly."} |
8,197 | Christopher Dustin | College of the Holy Cross | [
"8197_101.pdf",
"8197_102.pdf",
"8197_103.pdf",
"8197_104.pdf"
] | {"8197_101.pdf": "Holy Cross professor on administrative leave after sexual harassment allegations Sarah Connell Sanders Worcester Magazine Published 4:27 p.m Jan. 31, 2019 Holy Cross philosophy professor Christopher Dustin has been placed on administrative leave, according to an email sent to members of the campus community by President Rev. Philip Boroughs Wednesday night. In the email, Boroughs wrote want you to know that over many months, the College conducted a thorough and extensive investigation, and [Dustin] was found responsible and sanctioned for violating our policy.\u201d The announcement came almost a week after a Jan. 24 story in Worcester Magazine in which a former student detailed sexual harassment allegations against Dustin, who has taught philosophy at Holy Cross since 1991, according to the Holy Cross website. Dustin had previously served as a dean, but according to documents provided to Worcester Magazine, had been stripped of that title. Also, according to documents, Dustin\u2019s interaction with female students had been limited and he was restricted from conducting private, one- on-one meetings or unsupervised communications with female students or junior employees, including by e-mail. In his email Wednesday night, Boroughs said Dustin \u201cwill not be on campus and was told not to communicate with members of the campus community pending an investigation of new allegations.\u201d Details about the allegations were not immediately released. Boroughs started the email by saying, \u201cMisconduct by a faculty member betrays our core mission and the most important principles of our community am sorry that any student would experience a violation of the sacred trust between a student and faculty member.\u201d 2/27/25, 6:49 Holy Cross professor on administrative leave after sexual harassment allegations 1/2 Holy Cross will continue to move forward with a review of Title IX. According to Borough\u2019s email, the College is seeking \u201cexternal experts to assist in this effort.\u201d \u201cPlease know this is a very painful moment for me and for all of us at the College,\u201d Boroughs concluded am committed to addressing these challenges with you.\u201d Reached for comment about Dustin\u2019s suspension and the new allegations, a Holy Cross spokesperson redirected Worcester Magazine to Boroughs\u2019 email. Dustin could not be reached for comment. The school has dealt with complaints that it has not taken allegations of sexual misconduct seriously. On a Friday afternoon in December, Holy Cross canceled classes and activities for a campus-wide summit to address some of the issues. On Thursday, a group called Sexual Assault on the Hill shared photos with Worcester Magazine depicting flyers posted on campus that read, \u201cCopy & Paste is not an apology (or an explanation)/(Re: Fr. Boroughs\u2019 email)\u201d and \u201cGoogle: Professor Dustin Sexual Misconduct.\u201d According to the text of an email provided to Worcester Magazine,the Academic Governance Council on Tuesday unanimously approved a statement that began, \u201cAs faculty, we are entrusted with the welfare and education of our students, and we are called to protect their well-being. The Academic Governance of the College of the Holy Cross is deeply concerned about the claims made in the January 24, 2019 Worcester Magazine article, \u2018Sexual misconduct allegations raise concerns at Holy Cross.\u2019\u201d According to the email, the has formed a subcommittee to develop a mandate for an ad hoc committee on faculty sexual misconduct. The declined to comment on the contents of their email. 2/27/25, 6:49 Holy Cross professor on administrative leave after sexual harassment allegations 2/2", "8197_102.pdf": "The Spire Student Newspaper of the College of the Holy Cross Prof. Dustin Placed on Administrative Leave Amid Sexual Misconduct Allegations Date: February 8, 2019 4 Comments Jackie Cannon \u201920 Editor-in-Chief Following the release of a Worcester Magazine article detailing accusations of sexual misconduct against College of the Holy Cross Professor Christopher Dustin, Professor Dustin has been placed on academic leave. This information was shared in a January 30 letter to the campus community, six days after the release of the magazine article. In this letter, Rev. Philip L. Boroughs, S.J., president wrote that Dustin \u201cwas found responsible and sanctioned for violating our policy\u201d following an investigation. The sanctions included removing his title as Dean of the Faculty and prohibiting him from having one-on-one contact with female students, according to Worcester Magazine. Fr. Boroughs stated that Dustin was placed on leave for this academic semester because of \u201cnew allegations pertaining to a previous academic year.\u201d The letter did not include the details of any allegations against Dustin. The Worcester Magazine article provided more specifics, including allegations of \u201cromantic advances and explicit sexually-charged comments, which eventually gave way to intimidating behavior and an abuse of power.\u201d Dustin was the thesis advisor for the student, who stated that Dustin\u2019s language became increasingly sexual and hostile. The student made her allegations in April 2017, after which a 20-month investigation ensued where Dustin maintained his positions as dean and professor. Following this, Dustin received the previously mentioned sanctions, including the removal of his title as \u00002/27/25, 6:49 Prof. Dustin Placed on Administrative Leave Amid Sexual Misconduct Allegations \u2013 The Spire 1/2 dean. The release of this article prompted frustration and concern for students and members of the campus community, who felt that the College\u2019s failure to inform them of this investigation and the allow of Dustin to continue meeting alone with female students was a threat to the safety of students, which they expressed on the Instagram account @SexualAssaultontheHill. This concern eventually led students to hold a two-day sit-in in Fenwick Hall, as students demanded the administration be held accountable for the safety of the campus community. The results of the sit-in as pertaining to Dustin were unclear, as there were legal reasons the administration was not able to comply with every demand, which they will explain in a future email. The Spire will continue to report as new details are released. 4 thoughts on \u201cProf. Dustin Placed on Administrative Leave Amid Sexual Misconduct Allegations\u201d Add Comment 1. Pingback: Alumna\u2019s Allegations in Telegram Prompt New Investigation \u2013 The Spire 2. Pingback: Tracy Kennedy Departs Title Amid Increased Scrutiny of Office \u2013 The Spire 3. Pingback: After Boroughs\u2019 Refusal, Faculty Votes to Request Independent Investigator From the Board of Trustees \u2013 The Spire 4. Pingback: Professor Manoussakis on Unexpected Leave \u2013 The Spire \u00a9 2025 2/27/25, 6:49 Prof. Dustin Placed on Administrative Leave Amid Sexual Misconduct Allegations \u2013 The Spire 2/2", "8197_103.pdf": "About the President Addresses and Communications Update to the Holy Cross Campus Community Update to the Holy Cross Campus Community From: Rev. Philip L. Boroughs, S.J., President January 30, 2019 Dear Members of the Holy Cross Campus Community, In This Section 2/27/25, 6:49 Update to the Holy Cross Campus Community | College of the Holy Cross 1/4 There have been many questions about a Worcester Magazine article regarding sexual harassment allegations against Professor Christopher Dustin want you to know that over many months the College conducted a thorough and extensive investigation, and he was found responsible and sanctioned for violating our policy. Misconduct by a faculty member betrays our core mission and the most important principles of our community am sorry that any student would experience a violation of the sacred trust between a student and faculty member. As a result of new allegations pertaining to a previous academic year, the College has placed Professor Dustin on administrative leave. He will not be on campus and was told not to communicate with members of the campus community pending an investigation of the new allegations. The College is engaging an external investigator to conduct this investigation understand how difficult it is for individuals to come forward with reports of this nature, and commend and thank those involved for reporting and participating in the review process. Over the course of this academic year, community members have raised important questions about how investigations are undertaken, how sanctions are determined and who determines them, how appeals work, and how victims are supported. We will continue to move forward with our planned review of our Title policy and processes, and are seeking external experts to assist in this effort. We have much work to do. Please know this is a very painful moment for me and for all of us at the College am committed to addressing these challenges with you.\u200b Apply Request Info 2/27/25, 6:49 Update to the Holy Cross Campus Community | College of the Holy Cross 2/4 About Holy Cross Academics Admissions & Aid Campus Life Faith & Service Arts & Culture Athletics Alumni Current Students Faculty & Staff Parents and Families Visitors News Calendar Libraries Ignite Index Make a Gift Contact Us Maps, Directions, Transportation and Parking Employment Opportunities Title and Equal Opportunity Privacy Policy Accessibility Website Feedback Visit Support Holy Cross 2/27/25, 6:49 Update to the Holy Cross Campus Community | College of the Holy Cross 3/4 Notice of Nondiscrimination The College of the Holy Cross does not discriminate unlawfully in admission to, access to, treatment in or employment in its programs and activities on the basis of a person's race, religion, color, national origin, age, marital or parental status, veteran status, sex, disability, genetic information, sexual orientation, gender identity or any other legally protected status, including in the administration of its educational policies, admissions policies, scholarship and loan programs, and athletic and other school-administered programs. Individuals who feel that they have been discriminated against based upon any of these categories may contact the Director of the Office of Title and Equal Opportunity. Read the College's full Nondiscrimination Statement. College of the Holy Cross \u2022 1 College Street, Worcester 01610 \u2022 508-793-2011 \u00a9 2025 College of the Holy Cross. All rights reserved. Search Search 2/27/25, 6:49 Update to the Holy Cross Campus Community | College of the Holy Cross 4/4", "8197_104.pdf": "Holy Cross settles lawsuit claiming professor accused of misconduct was unfairly fired Published 4:43 p.m May 26, 2023 former professor at the College of the Holy Cross who has been accused of misconduct settled a lawsuit with the college after mediation Thursday. The case was dismissed in U.S. District Court in Worcester on the same day. Christopher Dustin, a former philosophy professor, alleged he was fired unfairly over sexual misconduct allegations, court records show. The lawsuit was filed on July 6, 2021. The terms of the settlement were not available in public court filings as of Friday. Requests for comment to Holy Cross and to Dustin's attorney, James S. Timmins of the Law Offices of Cronin-Timmins, were not immediately returned Friday afternoon. The college and its former president, the Rev. Philip Boroughs, denied Dustin\u2019s allegation that he was pushed out to placate students and faculty members upset with the school\u2019s handling of reported sex offenses on campus. Holy Cross claimed in its filing that Dustin had \u201cbreached the duty of loyalty he owed to\u201d the college. \u201c(Dustin) was obligated to act, first and foremost, in its best interest, and Plaintiff breached those duties by acting contrary to Holy Cross\u2019s best interests, in violation of its policies, and in breach of his agreement with Holy Cross,\u201d the school\u2019s response says, \u201cby engaging in self- dealing activities to advance his personal interests at the expense of Holy Cross and using Holy Cross\u2019s resources.\u201d In a report to U.S. District Judge Margaret Guzman on Thursday, U.S. Magistrate Judge David H. Hennessy wrote that the parties had appeared before the court for a mediation Marco Cartolano Telegram & Gazette 2/27/25, 6:49 Holy Cross settles lawsuit with former professor Christopher Dustin 1/2 where they reached a settlement. Guzman filed a dismissal of the case. The action was dismissed without costs and without prejudice to the right of any party, upon good cause shown, to reopen the action within 45 days if settlement is not consummated. Accusations as far back as 1997 The accusations involving Dustin go back as far as 1997, when 1999 alumna Jaime McAllister-Grande said she had reported Dustin to the college\u2019s administration for his \"inappropriate behavior\" toward her when she was a sophomore. Dustin had been with the college since 1991 2017 graduate of the college also claimed to Worcester Magazine in 2019 that Dustin had made \"romantic advances and explicit sexually charged comments\" to her beginning in 2016 year later, in 2017, Dustin was promoted to dean of faculty at Holy Cross, a title that was rescinded by the college a year later amid complaints of his alleged behavior toward students. The alleged misconduct helped spur student-led protests against Holy Cross\u2019s administration in early 2019; students accused college leadership of mishandling his case and other instances of reported sexual harassment and abuse on campus. In 2019, former college organist James David Christie was found to have subjected students to \u201cprohibited sexual harassment,\u201d in an investigation conducted by the college. He was banned from campus that year. In September 2020, Dustin was fired. 2/27/25, 6:49 Holy Cross settles lawsuit with former professor Christopher Dustin 2/2"} |
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